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Agenda 09-06-06 The City of 8'i' t" Bi hi " i . .: ,; .< E:ioyn [On E:ieaCfJ 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA September 6, 2006 Jerry Taylor Mayor - At Large Bob Ensler Commissioner - District I AD Mack McCray Commissioner - District II Mike Ferguson Commissioner - District III Carl McKoy Vice Mayor - District IV Kurt Bressner City Manager James Cherof City Attorney DISTRI T I Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBUC 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.1I . 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 REVISED AGENDA September 6t 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray 1. First Budget Public Hearing for Fiscal Year 2006/07 Budget 2. Proposed Resolution No. R06-147 Millage Rate for Fiscal Year 2006/07 Re: Adopting the Proposed 3. Proposed Resolution No. R06-148 Budget for Fiscal Year 2006/07 Re: Adopting the Tentative D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations Agenda Regular City Commission Boynton Beachl FL September 6, 2006 a. "Kids Day AmericajInternational1l - September 16, 2006 b. "Tributell - St. John Missionary Baptist Church 2. Presentation on possible expansion and reconfiguration of Bicentennial Park in conjunction with a new proposed mixed-use development. 3. Presentation by Brown and Caldwell and Utilities staff on Water Supply Reconfiguration Plan. 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) V. ADMINISTRATIVE: A. Accept the resignation of Diana H. Johnson, Alternate member of the Planning and Development Board B. Accept the resignation of Pamela Winters, Regular member of the Recreation and Parks Board C. Appointments Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2) Ensler Cemetery Board Alt 1 yr term to 4/07 III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (2) I Ensler Community Relations Board Reg 3 yr term to 4/08 II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 III Ferguson Education and Youth Advisory Board Alt 1 yr term to 4/07 II McCray Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (2) IV McCoy Library Board Alt 1 yr term to 4/07 III Ferguson Library Board Alt 1 yr term to 4/07 Tabled (2) II Ensler Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 Tabled (2) 2 Agenda Regular City Commission Boynton Beach, FL September 6, 2006 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. Regular City Commission - August 15, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Authorize the multi-award of the "ANNUAL BID FOR SAFElY CLOTHING AND EQUIPMENT", Bid #047-1412-06jJAt on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated expenditure of $33,000. 2. Authorize the execution of a contract for "IMPLEMENTATION OF THE M-1 ZONING DISTRICT STUDY FOR THE cm OF BOYNTON BEACH, FLORIDA" (RFP #055-2414-06jJA) to Calvint Giordano & Associatest Inc. of Ft. Lauderdalet Floridat in the amount of $24,930. (Proposed Resolution No. R06-149) 3. Award the "TWO-YEAR CONTRACT FOR CUSTODIAL CLEANING SERVICES FOR FACILTIlES"t Bid #042-2511-06jJAt to First Genesis Lawn Services, Inc., of Boynton Beacht Florida, in the amount of $191,724 for each year of the two-year contract. (Proposed Resolution No. R06- 150) C. Resolutions 1. Proposed Resolution No. R06-iSi Re: Authorizing the execution of Amendment #3, Task Order No. 17 to CH2M Hill in the amount of $76,083 for additional engineering services during the construction of Aquifer Storage and Recovery Well NO.2 (ASR-2). 2. Proposed Resolution No. R06-iS2 Re: Authorizing the execution of an Interlocal Cooperation Agreement between Palm Beach County and the City of Boynton Beach for application to the Florida Department of Community Affairs to receive funding of $1,629,270 through the 2005 Florida Disaster Recovery Initiative (DR!) 3. Proposed Resolution No. R06-iS3 RE: Approving expenditure in the amount of $45,000 from the Federal Law Enforcement 3 Agenda Regular City Commission Boynton Beach, FL September 6t 2006 Trust Fund for the purchase of a Te/estaff computer-based manpower tracking and notification system. D. Approve the full release of surety for the project known as Premier Gateway Center at Quantum (Lots 73A-76 - Quantum Park) in the amount of $157,412 and return performance bond #SUR010158 from the Lincoln General Insurance Company in this amount to the project developer. E. Approve the sole source purchase of one Apella Video Server System from Videotechnicst Inc. at a cost of $39,675 to serve as the central depository to translate digital and analog signals to the PEG channel. F. Approve the release of a cash surety in the amount of $1,000 that was posted by Butters Construction and Development in connection with the Coiltronics project. G. Approve the release of a cash surety in the amount of $21,115 that was posted by Brighton East Lake in connection with the Cedar Ridge Subdivision. H. Approve the release of a cash surety in the amount of $1,375 that was posted by Honor Built Associates in connection with the Kensington Place Townhouse Development. I. Approve the release of a cash surety in the amount of $531 that was posted by Wood Partners in connection with the Alta Chase Apartments. J. Authorize the use of $1,000 each of Mayor Taylor's, Commissioner Enslers, and Commissioner McCray's Community Investment Funds for the Education & Youth Advisory Board Youth EXpot Bob Borovy Student Citizen of the Year Award and the Youth Volunteer Bank for their ongoing events and programs. K. Approve the "ESTATES AT HERITAGE CLUB PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper). L. Authorize the use of $1,500 of Mayor Taylorts Community Investment Funds for the Woman's Club for physical improvements to the structure. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: A. Authorize the payment of settlement from continuing negotiations in the amount of $7,500 in the case of Gerard Thermitus v. City of Boynton Beach. (Original demand on this claim was $100tOOO.) 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. 4 Agenda Regular City Commission Boynton Beach, FL September 6, 2006 A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Description: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. (Postponed to September 19, 2006) Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. (Postponed to September 19, 2006) IX. CITY MANAGER'S REPORT: A. Accept the Final Report from the Police Executive Research Forum on the "Management Study of the Boynton Beach Police Department". X. FUTURE AGENDA ITEMS: A. Interlocal Agreement between the City of Boynton Beach and the Palm Beach County School District on facility use and fees (September 19, 2006) B. Proposed Ordinance No. 06- Re: Establishing a policy for naming City facilities; providing that the Recreation and Parks Board shall act in an advisory role to the City Commission on the naming of City facilities (September 19, 2006) C. Proposed Ordinance No. 06- Re: Amending Chapter 2, Administration, of the Code of Ordinances to add a new Article XV; Small and Minority Business Enterprises; establishing a program to assist small and minority business enterprises in competing for and being awarded City contracts; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals (September 19, 2006) D. Side-by-side comparison of existing and proposed art fee payment for the Art in Public Places Program (Sept. 19, 2006) 5 Agenda Regular City Commission Boynton Beach, FL September 6t 2006 E. Discuss feasibilityjcost analysis of Saturday hours for Building Division. (September 19, 2006) F. Schedule of all development fees and when payment is due (October 3, 2006) G. Amendment to the Art in Public Places Ordinance (October 3, 2006) H. Addition of requirements over and above State requirements for board members to recuse themselves (October 3, 2006) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. Proposed Ordinance No. 06-073 Re: Approving the establishment of the Boynton Village Community Development District (Tabled to 09-06-06) B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 06-077 Re: Amending the City of Boynton Beach Code of Ordinances and creating a new tiered rate structure for residential Solid Waste collection rates C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None 6 Agenda Regular City Commission Boynton Beach, FL September 6, 2006 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAneR CONSIDERED AT THIS MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 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 9/5/2006 2:45 PM S:\CC\WP\CCAGENDA\AGENDAS\year 2006\090606 - Revised (2).doc jmp 7 I-OPENINGS ITEM 2. I 2 RESOLUTION R06- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA ADOPTING A PROPOSED MILLAGE RATE 6 OF 7.1 FOR THE CITY'S GENERAL OPERATING FUND 7 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 8 2006 AND ENDING SEPTEMBER 30, 2007 9 ANNOUNCING THE PERCENT, IF ANY, THE 10 PROPOSED MILLAGE RATE EXCEED THE ROLLED- II BACK RATE; ANNOUNCING THE DATE TIME AND 12 PLACE OF THE SECOND AND FINAL PUBLIC 13 HEARING ON THE BUDGET AND MILLAGE RATE; 14 PROVIDING FOR SEVERABILITY, CONFLICTS AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, a tentative budget has been prepared estimating expenses and revenues 18 of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, 19 including revenues to be derived from sources other than ad valorem levy, and the 20 administrative staff of the City has made recommendations as to the amount necessary to be 21 appropriated for the ensuing year; and 22 WHEREAS, the City Commission has met and considered the recommendations, 23 the suggested tentative budget, and the proposed millage necessary to be levied to carry on 24 the government of the City for the ensuing year; 25 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 26 outlined in Florida Statutes Section 200.065; and 27 WHEREAS, Florida Statutes Section 200.065(5) provides for a ministerial 28 adjustment of the aggregate millage rate after receipt of the final tax roll. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: S:\CC\WP\Resolutions\2006\Reso Proposed millage - Sept 2006 w #s.doc II Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 3 4 5 6 7 being true and correct and are hereby made a specific part of this Resolution upon adoption I hereof. Section 2. The proposed Millage Rate for the 2006-2007 Fiscal Year shall be 7.1000 (for the General Fund), plus 0.0400 for Voted Debt Service for a total Proposed Tentative Millage Levy of7.1400 for the 2006-2007 Fiscal Year. Section 3. A copy of the tentative budget shall be published in one issue of a 8 newspaper published in Palm Beach County, Florida, and at the same time the public will be 9 notified of a public hearing to be held on the 19th day of September, 2006, at 6:30 P.M. for 10 the purpose of hearing objections or criticisms of the tentative budget and millage. This 11 meeting is for the purpose of setting a final tax levy and final budget. 12 Section 4. The proposed millage rate is 21.05% above the computed rolled back 13 rate. 14 Section 5. If any clause, section, or other part of this Resolution shall be held by 15 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 16 invalid part shall be considered as eliminated and shall in no way affect the validity of the 17 other provisions of this Resolution. 18 Section 6. This Resolution shall become effective immediately upon passage. s:\CC\WP\Resolutions\2006\Reso Proposed millage - Sept 2006 W #s.doc PASSED AND ADOPTED this day of September, 2006. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 City Clerk 23 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson 24 (Corporate Seal) S:\CC\WP\Resolutions\2006\Reso Proposed millage - Sept 2006 W #s.doc I-OENINGS ITEM 3. I RESOLUTION R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A 5 TENT A TIVE BUDGET FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2006, AND ENDING 7 SEPTEMBER 30, 2007; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 9 DA TE. 10 II WHEREAS, a tentative budget has been prepared by the City Manager estimating 12 expenditures and revenues of the City for the ensuing year, with detailed information, \3 including revenues to be derived from sources other than ad valorem levy, and he has made 14 recommendations as to the amount necessary to be appropriated for the ensuing year; and 15 WHEREAS, the City Commission has met and considered the recommendations, the 16 suggested budget, and the proposed millage necessary to be levied to carry on the 17 government of the city for the ensuing year; 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for 24 the fiscal year beginning October I, 2006 and ending September 30, 2007, a copy of which 25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made 26 to maintain and carry on the government of the City of Boynton Beach, Florida. There is 27 hereby appropriated the sum of $72,340,414.00 to the General Fund for the payment of 28 operating expenses and necessary capital outlays for the City Government pursuant to the 29 terms of the above budget. 30 Section 3. That there is hereby appropriated the sum of $227,517.00 to the 31 interest and sinking fund for the general debt service for the purpose of paying the interest, 32 principal and reserve due on the general obligation bonds of the City not subject to statutory s:\cc\wP\Resolutions\2006\Reso Tent budget - Sept 2006 w #s.doc exemptions and for redeeming such bonds as they mature. 2 Section 4. That there is hereby appropriated the sum of $30,236,186.00 to the 3 Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the 4 above budget. 5 Section 5. That there is hereby appropriated the sum of $8,395255.00 to the 6 Solid Waste Fund for the payment of operating expenses and necessary capital outlays. 7 Section 6. That there is hereby appropriated the sum of $2,741,826.00 to the 8 Golf Course Revenue Fund for operating expenses and necessary capital outlays. 9 Section 7. That there is hereby appropriated the sum of $7,158,972.00 to the 10 Fleet Maintenance Fund for the payment of operating expenses and necessary capital 11 outlays. 12 Section8. That there is hereby appropriated the sum of $1,776,000.00 to the 13 Local Option Gas Tax Fund for the payment of operating expenses and necessary capital 14 outlays. 15 Section 9. That there is hereby appropriated the sum of $26,533,761.00 to the 16 Water and Sewer Utility Fund for operating expenses and necessary capital outlay. 17 Section 10. That there is hereby appropriated the sum of $3,740,407.00 to the 18 Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and 19 Sewer Revenue Bonds, the sum of $119,850.00 for renewal and replacement and 20 amortization of its Revenue Bond discounts, for a total of $30,394,018.00. 21 Section 11. That there is hereby appropriated the sum of $276.059.00 to the 22 Warehouse Fund for the payment of operating expenses and necessary capital outlays. 23 Section 12. That there is hereby appropriated the sum of$459,500.00 to Cemetery 24 Fund for the payment of operating expenses and necessary capital outlays. 25 Section 13. That there is hereby appropriated the sum of $4.414,360.00 to the 26 interest and sinking fund for general debt service for the purpose of paying the interest, 27 principal and reserve due on the public service tax bonds of the City not subject to statutory 28 exemptions and for redeeming such bonds as they mature. 29 Section 14. That there is hereby appropriated the sum of $2,684,243.00 to the 30 Self-Insurance Fund for the payment of operating expenses. S:\CC\WP\Resolutions\2006\Reso Tent budget - Sept 2006 w #s.doc Section 15. That there is hereby appropriated the sum of $277 J 51.00 to the Mass 2 Transit Fund for the payment of operating expenses and necessary capital outlays. 3 Section 16. That there is hereby appropriated the sum of $671.1 00.00 to the 4 Recreation Program Revenue Fund for the payment of operating expenses and necessary 5 capital outlays. 6 Section 17. That there is hereby appropriated the sum of $372,382.00 to the 7 Community Improvements Fund for the payment of operating expenses and necessary 8 capital outlays. 9 Section 18. That there is hereby appropriated the sum of $6,821 ,650.00 to the Fire 10 Assessment Fund for the payment of operating expenses and necessary capital outlays. II Section 19. That there is hereby appropriated the sum of $1,372,500.00 to the 12 Public Arts Fund for the payment of operating expenses and necessary capital outlays. ] 3 A copy of the tentative budget summary shall be published in one issue of a newspaper 14 published in Palm Beach County and at the same time the public will be notified of a public IS hearing to be held on the 19th day of September, 2006, at 6:30 P.M. for the purpose of 16 hearing objections or criticisms of the final budget and millage. This meeting is for the 17 purpose of setting a final tax levy and final budget. 18 Section 20. All delinquent taxes collected during the ensumg fiscal year as 19 proceeds from levies of operation millages of prior years are hereby specifically 20 appropriated for the use of the General Fund. 21 Section 21. If any clause, section or other part of this Resolution shall be held by 22 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 23 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 24 remaining portions of this Resolution. 25 Section 22. All Resolutions or parts of Resolutions in conflict herewith are hereby 26 repealed to the extent of such conflict. 27 Section 23. This Resolution shall become effective immediately upon passage. S:\CC\WP\Resolutions\2006\Reso Tent budget - Sept 2006 w #s.doc 2 PASSED AND ADOPTED this _ day of September, 2006. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 ]0 ] ] ]2 ]3 ]4 ]5 ]6 ]7 ]8 ] 9 ATTEST: 20 2] 22 City Clerk 23 24 (Corporate Seal) 25 26 Mayor - lerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CC\WP\Resolutions\2006\Reso Tent budget - Sept 2006 w #s.doc ~,\1"':..O"" If, \ 0)0 J- / ",. ~..---', '-0 N ,-'> III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.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 Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2. 2006 (Noon) C8J September 6, 2006 August 14,2006 (Noon) 0 November 8. 2006 October 16, 2006 (Noon) 0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) ~<:''':"-, C8J Announcements/Presentati ons 0 City Manager's Report - .. NATURE OF 0 Administrative 0 New Business "', AGENDA ITEM _.-'- 0 Consent Agenda 0 . Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 --;-: ....:..' 1-'-\ 'v ,~ ..i :-> , C-) RECOMMENDATION: Permit presentation EXPLANATION: Kids Day America I International, which is supported by the World Children's Wellness Foundation, is a totally free event where kids meet local town officials, community leaders and heroes the from Fire & Police Departments to discuss and learn about health safety, and environmental awareness. Founded by Drs. Theresa & Stuart Warner, the World Children's Wellness Foundation is a non-profit organization empowering parents to raise extraordinary children in a non- contradictory way. This Proclamation was requested by Dr. Timothy Kehrig, a local chiropractor. PROGRAM IMPACT: Will raise public awareness of this annual event that promotes the health and well-being of children. FISCAL IMPACT: None AL TERNA TIVES: Not permit presentation u/~~~ .~ ~u~ Departmen ead's nature ~ City Manager's Signature Assistant to City Manager C/1tf/ Public Affairs Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC i I PROCLAMA TrON Whereas, the health and well-being of children is our responsibility; and Whereas, the safety of our children is a significant concern for parents, community leaders and healthcare givers; and Whereas, the environmental welfare is of universal concern and deserves the utmost attention; and Whereas, if started in childhood, proper health, safety and environmental habits can be maintained for a lifetime, producing a valued member of society, and enhancing our community. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim September 16, 2006, as Kids Day America/International and urge that this day be dedicated to the efforts of Doctors of Chiropractic in helping educate all citizens on the importance of health, safety and environmental issues affecting our community. 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 6th day of September, Two Thousand and Six. Jerry Taylor, Mayor City of Boynton Beach' ATTEST: City Clerk (Corporate Seal) III.-ANNOUNCEMENTS III PRESENTATIONS Item C.l.b CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOkll'I 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 August 1,2006 July 17,2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2,2006 (Noon) ~ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6,2006 (Noon) ~ Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Permit presentation of Tribute to St. John Missionary Baptist Church on the occasion of its 98th birthday celebration. EXPLANA TION: St. John Missionary Baptist Church is one of the oldest and largest leading churches in Boynton Beach and has been serving the spiritual needs of its congregation for 98 years. This church provides educational and outreach programs to the community and has helped to improve the quality of life for all citizens. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: Not to permit presentation. d2~ City Manager's Signature Assistant to City Manager ~ Department Head's Signature Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ Boynton Beach is a city with a deeply religious tradition. Its many houses of worship provide religious and moral guidance to a multi-cultural community that appreciates the diversity of its tradition and values. S1. John Missionary Baptist Church has been serving the spiritual needs of its congregation for 98 years. It is one of the oldest and largest leading churches in Boynton Beach and is a pillar of faith in the community. Over the years, S1. John Missionary Baptist Church has provided religious response to pressing social and religious issues, which has helped to improve the quality of life for all citizens. Through its educational and outreach programs, S1. John Missionary Baptist Church has helped the community to better understand its faith, which seeks to endow life with spiritual and moral worth. Its many members demonstrate these values through their example. It is fitting and appropriate, therefore, that the City of Boynton Beach recognizes with this Tribute St. John Missionary Baptist Church on the occasion of its 98th birthday celebration. IN WTNESS WHEREOF, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida this 6th day of September in the year 2006. Gerald Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:ICCIWPICCAGENDAIProclamationsIYear 2006ITribute - St John Missionary Baptist Church - 2006.doc [!I.-ANNOUNCEMENTS & PRESENTATIONS [tern C.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 D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2, 2006 (Noon) [gJ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) [gJ Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Presentation on possible expansion and reconfiguration of Bicentennial Park in conjunction with a new proposed mixed use development. Representatives wish to make a short presentation to the City Commission to obtain comments from the City Commission. EXPLANATION: At the July 12,2006 CRA meeting, developers of a proposed mixed use development adjacent to the City's Bicentennial Park presented a concept plan that would reconfigure and expand the City park and relocate the City's animal control facility to another site. By reconfiguration, the park could serve as a valuable community gathering point for farmer's markets, small concerts and commemoration of veterans. A schematic plan and a letter from the developer is attached. PROGRAM IMPACT: The redevelopment of Bicentennial Park is currently not on the list of priority projects due to the press of other park areas. This park is gaining importance however as the re-development of the downtown area progresses. The park is antiquated and is not used extensively. The reconfiguration of the park, especially if substantially funded by the developer and the CRA will be a benefit to the community. FISCAL IMPACT: (Include Account Number where funds will come from.) Not applicable at this time. AL TERNA TIVES: Do not allow the presentation at this time. Department Head's Signature Manager's Signature Assistant to City Manager (JnA./' Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ Ruden ~~I McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONNIE. MISKEL@RUDEN.COM August 22 2006 VIA E-MAIL AND U.S. MAIL Kurt Bressner City of Boynton Beach 100 E Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Expansion and Reconfiguration of Bicentennial Park Dear Kurt: We look forward to presenting to the City Commission our client's proposal for a new mixed-use redevelopment effort which includes the reconfiguration, expansion and improvement of Bicentennial Park to include extensive water features and certain memorial features celebrating and recognizing Boynton Beach Veterans of War. The Town Center at Waterpoint Park and Ocean Pointe Tower project is comprised of 90,000 sJ. of office space, 20,000 s.f. of retail use, and 131 residential units on 1.6 acres. The proposal includes a significant contribution of a million dollars from the Developer for the expansion of Centennial Park. The park would be improved with a large open area for community events and significant water features, including a fountain with a sculpture and a reflecting pool with dancing fountains. The Developer has further agreed to work with the City to include a memorial to the local Veterans of War. The park improvement proposal requires the acquisition of the 0.52 acre Hegstrom auto body repair shop property, the 0.67 acre Katz parcels, and 0.15 acre Freynel Baptiste site and the 0.15 acre Thomas property. The acquisitions would provide land area for the expanded park and for a city parking garage. This proposal would also require that the City's animal control facility be relocated to another property . The CRA discussed the reconfiguration and expansion of Centennial Park at its July 11, 2006 meeting and authorized CRA staff to commence investigating the acquisition of the abutting properties and the relocation of the dog pound. Thank you for scheduling my client's proposal on the next City Commission agenda. We will be providing electronically to you our PowerPoint presentation and will deliver multiple hard copies of the PowerPoint to you tomorrow. If you need additional information, please call. cc: A.J. Rotonde (via e-mail) WPB:266078:1 Sincerely, _ ()y;-n~;;( >ruduZ Bonnie L. Miskel {~ b) RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. lAUDERDAlE . MIAMI. NAPLES. ORLANDO. PORT ST.LUClE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH ~ ~ $ Oi E- I ~I E- . z. ...... 0 0.. 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PRESENTATIONS Item C.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 August 1,2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2, 2006 (Noon) [8J September 6, 2006 August 14, 2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6,2006 (Noon) [8J Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: options. Presentation by Brown and Caldwell Engineers and City Utility staff on water supply EXPLANATION: At the July 11,2006 City Commission Budget Workshop meeting representatives of Brown and Caldwell and the City's Utility Department presented three alternative water supply options. At that meeting, the City Commission directed staff to prepare a follow-up report based on the selected option (#3): I. Extend agreement with Palm Beach County to provide up to 5 mgd of finished water until expansion is complete. 2. Convey raw west surficial wellfield water to the East Water Plant. 3. Convert the West Water Plant from a nano filtration to a low pressure reverse osmosis (LPRO) facility by installing new Floridan Aquifer Supply Wells, installing new raw water piping between the West and East Plants and install new pumps and process equipment at the West Plant to treat the Floridan Aquifer water. Please see the excerpts of the July 11 th minutes attached hereto along with the report from the Consulting Engineer. PROGRAM IMP ACT: The selected alternative was reviewed in further detail by Brown and Caldwell in terms of preliminary cost, operational impact and regulatory issues. If successful the program modification would eliminate a prohibitively expensive program at the East Water Plant and maximize the current assets at that plant. Overall savings in terms of capital cost and O&M were favorable over the current plan. FISCAL IMPACT: (Include Account Number where funds will come from.) Preliminary costs to be presented. ALTERNATIVES: Do not allow the presentation at this time. Department Head's Signature ~ City Manager's Signature Assistant to City Manager ~ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance MINUTES OF THE SPECIAL CITY COMMISSION BUDGET MEETING HELD ON TUESDAY, JULY 11, 2006 AT 1:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Enslerl Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk REVIEW PROPOSED BUDGET FOR FISCAL YEAR 2006-07 Mayor Taylor called the meeting to order at 1 :30 p.m. He announced the first item to be heard was a presentation by Brown & Caldwell on a water supply strategy. Kofi Boateng, Utilities Director, declared the Utilities Capital Improvement Program (OP) was going to be presented in two parts with Brown & Caldwell presenting the long-term water strategy and Mr. Boateng discussing an overview of the entire CIP program. A full copy of each presentation is made a part of the minutes of this meeting. Mr. Boateng stated Utilities had worked closely with Brown & Caldwell as part of the Business Case Evaluation (BCE) and task order approved by the Commission in 2005. The goal of the task order was twofold: 1) to essentially restructure the CIP Program and most importantly, 2) to devise a long-term water supply strategy for Boynton Beach. A field of various alternatives and regulatory constraints had been explored in depth and today, presentations would be made of two alternatives and a third option that promised to provide good cost savings. Mr. Boateng introduced a representative from Brown & Caldwell to present a long-term water strategy proposal. Rick Olson, Project Manager with Brown &. Caldwell, West Palm Beach, presented a long-term water strategy. He also introduced Ms. Helen Pickman, the top hydrogeologist for Brown & Caldwell for the region. Commissioners Ensler and McCray were in favor of asking questions during the presentations. Also, Commissioner McCray was disturbed that he had been presented with information just before the meeting on a topic that required study. Mr. Bressner thought the Brown & Caldwell presentation outline had been distributed to the Commission on the previous Friday, minus the slides and Carisse LeJeune, Assistant to the City Manager, confirmed this. Commissioner Ensler asked for a definition of long-term strategy in regard to what the Commissioners were being asked to approve at this meeting. Mr. Bressner responded it depended on which alternative was selected. The third alternative option would be a 3D-year solution, he believed. Commissioner Ensler asked what term was covered by the first two alternatives. Mr. Boateng responded Brown & Caldwell would be presenting that information. Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Mr. Olson apologized for not getting the presentation to the Commissioners earlier, and encouraged them to ask questions. Mr. Boateng also apologized, saying Utilities would try to present its information in a more timely fashion in the future. Brown & Caldwell's task was to: 1) maintain diversity in source of supply; 2) maximize use of least cost water; 3) use alternative supplies to meet future demands; and 4) maximize return on investment in existing infrastructure. Commissioner Ensler felt it was important to look as far into the future as poSSible in order to maximize use of the least costly water. The original City Manager's Agenda item was to address replacement alternatives for water currently purchased from Palm Beach County, but that would address only a small segment of the water the City was currently using. Today's presentation would address how to replace that water, but also how to prepare a water system that would provide Boynton Beach residents with a reliable, low cost water supply for at least the next twenty years. Mr. Olson presented projected population statistics showing growth that required a long-term water strategy. The information was for the entire water service area, not just Boynton Beach. He also presented per capita usage information, a projected deficit, supply and demand, and talked of uncertainty about future growth rates, densities and water consumption patterns. The population estimates derived from Brown & CaldweWs research did not entirely agree with the statistics from the City of Boynton Beach. Florida International University Metropolitan Center was asked to provide an independent population projection for the City and for the water service area. For the City, their analysis was based on housing starts and increases in density in the downtown area. Brown & Caldwell used the agreed upon population statistics in order to project the water demand. The demand was projected to be 177 gallons per capita per day. When the projected population was multiplied by the per capita water usage, the projected demand was obtained. Commissioner Ensler asked where the 177 gallons per capita per day came from, and Mr. Olson responded it was in the permit. Commissioner Ensler felt the 177 figure was based on many single family homeowners watering lawns; however, the construction going on now and in the future appeared to be multi-family, hi-rise types of buildings, and this would lead to a reduced average demand. Mr. Olson responded it was reasonable to consider that and their projection was conservative in that it over-predicted water demand. Utilities staff maintained that in spite of the demographics of the density in current development, new residents would use as much water as some of the existing homes. Their per capita usage was an average and covered people in one-bedroom apartments and those on multi-acre estates. Mr. Bressner inquired whether Brown & CaldweWs planning horizon for the alternatives to be presented included the ultimate population of the 134, 125, and 177 gallons per day, and Mr. Olson said that was true and it remained constant throughout the analysis. Mr. Olson confirmed this would justify increased withdrawal from the aquifer. Commissioners Ensler and McCray asked for more information about the conservative nature of the demand projections. Mr. Olson responded the demand for Boca Raton was over 200 gallons per capita per day. Another individual responded in Delray Beachl the demand was 215 gallons per capita per day. 2 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Mr. Olson declared the agreement the City entered into with Palm Beach County was to purchase up to 5 million gallons per day (mgd) of water from the County system. The agreement was for five years and would expire December 31, 2009. In January of 2010, the City ran the risk, on an average day, of having a water deficit. Commissioner McCray asked about the deficit. Mr. Olson responded the deficit was projected forward from 2010. The analysis represented the status quo and assumed nothing was done to the existing water system. Commissioner Ensler believed the higher usage in Delray Beach and Boca Raton might be due to their having seafront communities. He thought usage along the ocean was typically higher, and questioned whether the comparison was an "apples-to-apples" one. Mr. Olson thought in the future, the numbers would begin to come down. The terminology to be used during the presentation was reviewed by Mr. Olson for the benefit of the participants. Raw water is water extracted from an aquifer, untreated. Finished water is drinking or potable water following treatment. The permit was for raw water allocation. The demand would be in finished (treated) water. The surficial aquifer was a geologic formation located below ground surface. The surficial aquifer in Boynton Beach extended from a depth of about 50 feet to 200 feet. All of the City's water supply wells were finished into this zone. The wells in eastern Boynton Beach were finished to a depth of 80 - 150 feet and the wells out west were deeper. Commissioner McCray asked about salt-water intrusion in the eastern wellfield, commenting they were unable to expand the cemetery because of this. He wanted to know if there were any salt-water intrusion into the east wells. Mr. Olson noted the City of Boynton Beach had historically pumped the east wellfield at a much higher rate than they were currently allowed to now. When they were pumping the wellfield at a higher rate, they experienced salt-water migration. It appeared the aquifer and the saltier water was stable. They were not seeing any degradation currently. The surficial aquifer was recharged from rainwater and from the surficial canal system. What they did on ground surface had a direct influence on the surficial aquifer. Considering the problems with Lake Okeechobee, the dams, and the desire to lower the water level of that lake, Commissioner Ensler asked what the effect would be of those factors on the surficial aquifer and salt water intrusion. Mr. Olson responded the groundwater elevations in the surficial aquifer were kept artificially inflated by the regional water system. Basically, water is held in Lake Okeechobee at a higher level, is discharged into the canals, and the canals artificially recharge the groundwater elevation. During the dry period, it would be much drier and conversely. There had been talk of lowering the Lake Okeechobee levels to, 1) repair the dike around the perimeter, 2) provide more water for habitat in the Everglades ecosystem itself, and 3) improve the grass flats in the lake itself. If the lake levels were dropped and nothing was done to supplement the canalsl it could potentially lower groundwater elevations in the area. Lowering groundwater elevations could adversely impact the amount of water you could safely withdraw from the surficial aquifer. Commissioner Ensler responded if that happened, at some point in the future, SFWMD may reduce the amount of water Boynton Beach takes from the surficial aquifer. 3 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Mr. Olson responded that was possible, but he did not believe it would happen. Brown & Caldwell was proposing an opportunity to diversify the City's water resources so it would be getting water from several alternative sources. There were some utilities in the area that relied wholly on the surficial aquifer and had no intention of diversifying their resources. The political pressure to allow the SFWMD to lower Lake Okeechobee levels immediately or rapidly was not going to be too great. It could not happen. The coastal communities in South Florida were dependent upon that aquifer source and they would be putting the fate of 60K people on the south side of the lake over the population of 4M people in the coastal communities. The other alternative was to artificially pump water from the lake into the canals and that was the more likely scenario. Mr. Olson spoke of the Floridan Aquifer, an alternative water source in South Florida. It was a geologic formation, a confined aquifer with no direct communication with ground surface. The depth of it was 900 to 1,200 feet below ground surface and the water it contained was salty. In order to use it, an advanced treatment process was required. Lime softening, a very old, well-proven, inexpensive technology, is the process the City implements at the East Water Treatment Plant (EWTP). Commissioner Ensler inquired if the water pumped at the West Water Treatment Plant (WWTP) was reasonably equivalent to the water pumped from the East Water Treatment Plant (EWTP) and if so, was that difference significant. Mr. Olson responded that geochemically, the waters were very similar and compatible as far as the amounts of dissolved minerals, but there were differences in color and dissolved organic content in the water from the same aquifer. Nano filtration, also known as nano filtration softening, is a treatment technology the City uses at the WWTP that treats the wells exclusively in the western wellfield, west of Military Trail. Water is pumped from the surficial wells in the wellfield across membranes at about 100 pounds per square inch (psi). The water is differentiated into highly mineralized water and potable water. This process is 85% efficient, meaning if you pump 100 gallons through the treatment system, 85 gallons come out as fresh water, and 15 gallons come out as reject, which has to be disposed of in the concentrate disposal well. It was a power-intensive system. Low Pressure Reverse Osmosis, was another treatment process. This was an even more advanced process that would be used on water from the Floridan Aquifer. It was also the process used to treat seawater or very salty water. This water was not that salty, but it was not potable. It had an efficiency of 75%. Of every 100 gallons pumped out of the ground, only 75 gallons of finished water is produced. Commissioner McCray asked if using saltwater from the ocean had been explored. Mr. Olson noted this was part of the BCE that had been submitted in December. Commissioner McCray wanted someone to look into this because he did not know why that was not presented in this report. He needed to know about all the alternatives. Mr. Olson offered to speak about this when talking about the Business Case Evaluation. AqUifer Storage & Recovery (ASR) was a water management technique and the City had two ASR wells at the EWTP currently. These wells represented a "bank account." When a lot of 4 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 water was available (excess capacity), the City pumped water into the ASR wells. During periods of peak demand, the City recovered water out of the ASR wells. About 95% of the water pumped into the wells could be extracted as potable water. Commissioner McCray asked if that was the amount being pumped now. Mr. Olson responded right now, there was one ASR well with a capacity of about 2 million gallons per day (mgd). Commissioner McCray asked if the City was pumping anything into the "bank." Mr. Olson asked a Utility representative, who responded they were just starting to pump it in today. Mr. Olson noted that during the wet season, from May through December in Florida, the ASR wells are usually recharged and during the dry season, January through May in Florida, the water is recovered to meet peak demands. Average Daily Flow (ADF) looked at the entire flow from all the plants, dividing it by 365 to provide an average day. Mr. Olson then addressed the City's existing water supply, saying there were surficial wells in the surficial aquifer at about 100 feet below ground surface. The City had two wellfields and they were completely separate. There were 19 wells located in the east wellfield, east of 1-95, some in Little League field, and some in the school across the street, and the Jarvis wellfield was located next to Lowe's west of 1-95. Commissioner McCray asked how many were located at the cemetery location. Mr. Olson did not think there were any in the cemetery itself. Mr. Mazella confirmed there were five wells in the ball field. Mr. Olson declared there were 11 surficial aquifer wells out west and they fed the WWTP exclusively. There was currently no interconnection between the raw water from the west wellfield to the east wellfield. Raw water piping referred to pipes that came from the wells to the water treatment plants. Water from the west wells only went to the WWTP. Water from the east wells only went to the EWTP. The City operated the WWTP that was built in 1988. It was a nano filtration plant fed by surficial aquifer water. It had a current capacity through the membranes of about 8 mgd but with blending, was able to yield about 10 mgd. The EWTP plant was built in 1962 and had been the workhorse for the City of Boynton Beach. It used lime-softening filtration and had a capacity of about 25 mgd. It was currently operated at less than 8 mgd. Commissioner McCray asked for status on the sand that was coming in through the filters at the EWTP. Mr. Olson responded that was at the WWTP and there were some prefilters that filter the water before it gets to the membranes. He thought there had been a leak in the pump casing or column and that had been repaired. Commissioner Ensler thought there was a problem in the EWTP also where they had to change the height of the well in order to eliminate the sand. Mr. Olson commented that during the saltwater intrusion incident, the City realized the wells had been constructed into the wrong interval. They were doing a process called "upconing" or drawing saltier water from below. Most of the wells had been reconfigured, with 5 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 only four remaining to be done. This was making the wells more efficient and reducing the likelihood of saltwater intrusion. Commissioner Ensler thought if they had a capability of 25 mgd out of the EWTP and were limited by the permit to 8 mgd, they had roughly 17 mgd capability. Commissioner Ensler asked about the condition of the filters in the EWTP. Michael Low of the Utilities Department responded the filters themselves were in reasonable condition. What was actually holding them back was the permit requirements on each of the individual wells as to how many hours per day or per month they were allowed to draw water from them. Commissioner Ensler asked if they rotated through all 25 water filters? Mr. Olson believed they did. Mr. Olson continued, saying there was one ASR well at the EWTP and a second one was nearing completion. He thought this would come into operation next year. There were four interconnections between the City of Boynton Beach with Palm Beach County (capacity to bring in 5 mpd), with Lantana, the Village of Golf, and Delray Beach. These are considered emergency interconnections. If a major pipe break occurred or an excessive demand took place, the interconnections would be opened. Commissioner McCray asked for the timeline on the completion of the second ASR well. Peter Mazella, Deputy Utilities Director, responded the second well was completed. The contractor would be installing temporary piping so they could begin recharge next month. And then, the contractor would finish off the pumps, permit and piping. Commissioner McCray asked about the discrepancy between Mr. Olson's "next year" and Mr. Mazella/s "complete now" on the well. Mr. Mazella responded it depended on the definition of completed. It would be fully completed by next year, but it would be operational in August of 2006. Mr. Olson commented the real benefit of an ASR well was when you were able to start recovering water from the well and this would not be done until the dry season in 2007. Mr. Olson indicated the finished water distribution was made up of pipes going from the water treatment plants to the individual consumers. He thought the Commission should be very proud of the Utility the City had established. The City's reputation was of a Utility that was very progressive and forward thinking. The nano filtration plant built in the WWTP in 1988 was one of the first in Florida. The ASR well constructed at the EWTP was one of the first in Palm Beach County. Even the elevated ground storage tank at the EWTP was one of the first of its kind. The City received a lot of visitors to see the facilities in Boynton Beach. The final component of the water system was the permit that governs the operation of the entire water utility and this was issued by the SFWMD. In 2002-03, the City realized there was a projected water shortage coming and started a program or process called East Plant Expansion of EPX. That proposal was to replace the EWTP and install 15 Floridan AqUifer supply wells that would have spanned the length of Boynton Beach from Miner Road to the L-30 Canal. Then, a 20 mgd LPRO system would be installed at the EWTP. The problem with that plan, as developed in 20051 was the capital cost of $96M. The direction staff received was that this was unaffordable, since it would call for a significant increase in the user fee for utilities. Commissioner McCray asked what the projected rate was now, since 2005. Mr. Bressner thought the question was what was $96M in 2005 costs worth today, including construction costs, and Mr. Olson responded, probably about 15-20% more. The plan was ultimately discarded due to its high capital cost and cost to the users. 6 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Brown & Caldwell was tasked with preparing a Business Case Evaluation to come up with alternatives with a lower life-cycle cost than the EPX program. During the analysis process, they discussed using raw seawater as a raw water supply. Mr. Olson pointed out the least costly alternative of the 11 alternatives explored originally was to expand the West Water Treatment Plant (WWTP) using surficial aquifer water; however, the current regulatory environment was not likely to support that because: 1) It was not likely additional allocation would be granted from the Regional System (surficial aquifer); 2) Lake Okeechobee levels may be lowered; and 3) South Florida Water Management District (SFWMD) was promoting alternative water supply strategies. When built in 1988, the WWTP was designed to handle up to 16 mgd and it was now at 8 mgd plus some blending. Commissioner Ensler stated this was fatally flawed because they were not allowed to take that much out of the surficial aquifer, and Mr. Olson agreed. Commissioner Ensler wondered if the amount of water the City could take from the aquifer could be decreased. Mr. Olson thought it was possible but not likely, as long as the City continued to demonstrate it was a good steward of the environment, was developing alternative water supplies and looking at re-use and conservation. A condition on the water use permit is that if you can demonstrate to the District that it did not impact adjacent users or the environment, they would consider increasing the allocation from the surficial aquifer. Even though that was in the permit, the permitting agency had made it clear that would not be the case and no additional water would be allocated from the surficial aquifer. Commissioner Ensler said they needed to look ten and fifteen years out and to understand where South Florida might be heading. It was not a short-term issue. Mr. Olson agreed, but commented there were unknowns in the interpretation of water use permits being issued by the SFWMD. Right now, they were making declarations on things that they had not completely characterized. Commissioner Ensler commented a mistake in judgment could cost the City $50M. Mr. Bressner stated that was one of the reasons they had trashed the original plan for the EWTP expansion. Mr. Olson said there were no guarantees in water use permitting. New information was always coming about and cyclical conditions and growth changes took place. Impacts made by the Commission could change the way water was used in Boynton Beach. There were no guarantees about what was going to happen in ten years. Commissioner Ensler agreed, so to be conservative was the smart thing to do. Mr. Olson thought conservatively meant to go incrementally, doing piece by piece expansions so no one resource was overexpanded. In regard to the political pressure to lower the level of Okeechobee, Commissioner Ensler thought there would be no choice but to lower the levels if there were another hurricane. Mr. Olson did not believe this would happen since the population center was not right next to the dike as in New Orleans. The constraints on expanding the WWTP were that: 1) Production must be maintained from both water treatment plants to maintain hydraulic requirements; 2) Limited concentrate disposal capabilities from existing injection well; and 3) The current Water Use Permit with the County: Average Daily Flow from Eastern Wellfield - 8.0 mgd, Wet Season allocation 25.7 mgd, dry season 115.5 mgd. 7 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Commissioner McCray asked how long the City could go if it had to operate on only one water treatment plant. Mr. Olson said it would depend on the problems, where the break took place and so forth. There were a number of ways to answer that question. Mr. Olson related that the average daily flow from the EWTP wellfield was 8 mgd. Beginning on July 1 of 2008, the SFWMD's seasonal allocation program would further restrict the surficial aquifer. Beginning in the wet season, the allocation from the surficial aquifer would be increased to 25.7 mgd. That represented an increase of about 4 mgd. That would be paid for during the dry season of January in 2009. During the dry season, the surficial aquifer allocation was being reduced to 15.5 mgd. The average daily demand in 2010 was projected to be 18 mgd and the average day from the surficial aquifer beginning in 2009 was only 15.5 mgd. This further exacerbated the problem. Following the initial evaluation Brown & Caldwell did on the BCE, they were tasked with meeting with adjacent utilities, talking to the regulatory agencies, and they developed two different alternatives that satisfied the water supply strategy, met the physical and permitting constraints and could be implemented. In order to implement either of the two alternatives, they felt it was essential to maintain the agreement with Palm Beach County as a "lifeboat," even if they never used it. Commissioner McCray asked if that extension was in place at this time. Mr. Bressner responded they had to make a decision about going on to full term or continuing with the temporary and that decision point had been moved to October 31 of this year. That did not move the term of the contract beyond the original termination date, but did give the City time to go through the issues and make an informed decision. Alternative 1 from the Business Case Evaluation . Extend agreement with Palm Beach County to provide up to 5 mgd of finished water until expansion is complete . Maintain operation of EWTP . Add 10 mgd of LPRO to WWTP of Floridan Aquifer water . Capital Cost - $53.5M/Net Present Value (NPV) - $101.1M Commissioner Ensler asked for a definition of useful life in terms of the EWTP. Did the building have to be knocked down and started over at some point in time, or was it just a matter of replacing filters and so forth? Mr. Olson responded everything had a useful life and on civil engineering projects, much of the structure has a 50-year life. Some pipes may have a useful life of 100 years. Pumps and motors and control panels and items requiring a great deal of maintenance were replaced on a routine basis on a 10 or 15-year life cycle. Certain activities at the EWTP need to occur and they were repair and rehabilitation. This was built into the CIP to be discussed later. The EWTP was built in 1962, was 44 years old, and any alternative chosen by the City had to include the EWTP at least for the next 20 years. They believe the facility would be viable for another 20 to 25 years. If they wanted to make it useful for the next 50 years, Commissioner Ensler asked if there were a problem to do that. Mr. Olson did not think that was a problem, although changing regulatory standards might require changes. Commissioner Ensler responded that this was different from what the Commission had heard two years previously when it was stated the building was approaching the end of its useful life. Now, they were hearing that was not correct and its life could be extended. 8 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Mr. Bressner declared the basis for the EPX program was that the plant was antiquated and must be replaced. He thought Brown & Caldwell's opinion represented a different and possibly more cost effective approach. Mr. Olson continued, saying in order to feed the WWTP and the LPRO process, they were looking at 7 Floridan Aquifer supply wells, a raw water piping network of 17,000 feet, a new treatment/process building with LPRO, and a second concentrate disposal well. The capital cost, which was the current value of the construction cost to implement this improvement, was about $54M and the life-cycle cost, looking at a 25-year life, was about $101.1M Net Present Value. The second alternative represented a hybrid approach, with elements of the first approach and additions. Alternative 2 from the Business Case Evaluation . Extend agreement with Palm Beach County to provide up to 5 mgd of finished water until expansion is complete . Maintain operation of EWTP . Expand WWTP from a 10 mgd facility to a 15 mgd facility to take advantage of the existing surficial allocation already granted. . Add 5 mgd of LPRO by providing: Four Floridan Aquifer Supply Wells Raw Water Piping (6,000 feet) Concentrate Disposal Backup to Sanitary Sewer . Capital Cost - $54.6MjNPV - $99.9M There was allocation that could not be treated in the east because it could not be sent over there from the west and there was insufficient treatment capacity in the west. This alternative is to build additional treatment capacity at the WWTP for surficial water using nano filtration. Commissioner Ensler asked if Mr. Olson was speaking about an annual yield of 15 mgd. When they increased the number of wells operationally from 7 to 11, one of the reasons given was that the wells needed to be rotated and that 11 wells could not be run continuously. It seemed this 15 mgd would have all of the wells running continuously. Mr. Olson responded the way the water use permit was currently configured, the City could only use the west wellfield at approximately 7 mgd during the dry season. Commissioner Ensler asked if that were the case, why would they want to expand the WWTP from 10 mgd to 15 mgd. Mr. Olson responded that was because during the wet season, they could pump the wellfield at its full capacity. That would give the City additional, cheaper water. During the dry season, they would use the ASR wells, which would be refreshed during the wet season. Also there was a component of adding a new facility with 5 mgd of LPRO facility. Mr. Bressner asked for and received confirmation from Mr. Olson that they would get 6 mgd from the ASR wells during the dry season. Commissioner Ensler asked about the physical space in the WWTP and the addition of 5 mgd from the surficial aquifer and whether that building would have to be expanded. Mr. Olson responded the plan to expand the WWTP was always to add a second building. The current building was 8 mgd, and the second building was going to be 8 mgd. Commissioner Ensler believed to do an additional 5 mgd would require a Floridan plant, and Mr. Olson responded it 9 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11,2006 would require a Low-Pressure Reverse Osmosis (LPRO) facility. Commissioner Ensler asked if there were enough room to do that and in the future, expand the Floridan plant for another 5 to 10 mgd. Mr. Olson responded in the affirmative and this was a surprise when they looked at this. When they looked at how they would expand the existing nano filtration plant (wwrP) from 10 to 15 mgd while keeping the facility up and running, their initial feeling was it was not possible. A conservative alternative was to build a brand new building for 15 mgd of nano filtration treatment and retrofit the existing building for LPRO. Commissioner Ensler wanted to know how much space was available at the WWTP and how much water could be processed in a plant there based on its physical space limitations. Mr. Olson responded they could be very creative. There was space available for a sister building that would mirror the existing building. They could go higher than 10 mgd by using larger diameter filters and stacking the filters higher. Commissioner Ensler asked if they could go to 20 mgd and Mr. Olson could not answer that question. It was a matter of cost efficiency as well. Mr. Olson felt this alternative was creative in that it took advantage of the surficial allocation when available, only looked at the Floridan to satisfy growth, and was a cost effective solution. The problem that developed was the way to implement the improvement in their analysis. The analysis was not just adding 5 mgd in the existing building. It was building a new building for the existing process and then retrofitting the existing building. The capital cost of this alternative was very similar to the first alternative. The life-cycle savings was only $2M. Of the two alternatives addressed so far, the second alternative, because of the lower life-cycle cost, would be presented in the Capital Improvement Program budget today. They went back to the water supply strategy and said there was all this water in the west, treatment capacity in the east, and what do we do? They would build a pipeline between them. ProDosed (3rd) Alternative · Extend agreement with Palm Beach County to provide up to 5 mgd of finished water until expansion is complete · Convey west surficial wellfield water to the EWTP . Convert WWTP from a nano filtration to an LPRO facility Install new Floridan AqUifer supply wells Install new raw water piping Install new pumps and process equipment within existing building Brown & Caldwell believed this alternative had a lot of merit, was deserving of additional consideration, and satisfied the entire water supply strategy. It might require a booster pump out of the WWTP, a relatively small cost option. They may be able to use existing pressures from the production wellsl but they made this assumption. They also assumed they would construct a pipeline using trench less technologies (micro-tunneling). There were technologies available, because they did not need access to that pipeline, to install the line deeper so it would not interfere with existing utilities or cause traffic problems. Commissioner McCray asked what an estimated price would be for the booster station, and Mr. Olson responded, about $2M, conservatively speaking. 10 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 This alternative would require making modifications to the EWTP to accommodate west surficial wellfield water. They had not done a routing analysis to determine the most efficient way to bring the treatment from one plant to the other. They could follow down the Lake Worth Drainage District E-3 canal, bring it down Golf Road, and connect into a raw water main that was at the Lowe's site right now. This could save about $2M. Commissioner McCray asked if the pipes were in place now, and Mr. Olson responded there were no pipes and no interconnections of raw water between the WWTP and the EWTP. Vice Mayor McKoy asked if the route would dictate the dollar amount and Mr. Olson agreed, saying it was all about linear length, especially with a directional drilling technique. A component of this alternative was to modify the existing WWTP. When the plant was designed in 1988, the Utilities Department had the forethought that they should over-design the plant. As a result, there were stainless steel appurtenances, pipes with a rated capacity of 250 psi, and a lot of facilities that could be directly converted from a nano filtration plant to an LPRO facility. The conversion from the surficial aquifer to the Floridan Aquifer would be relatively simple and relatively quick. They would also need Floridan Aquifer supply wells, a raw water line to bring the water from the wells to the plant, and they believed they could use the existing concentrate disposal well at the WWTP to dispose of the concentrate. Commissioner Ensler asked how long it would take before Brown & Caldwell could assure them, technicallYI that this could be done and to provide budgetary information. Mr. Olson replied that from a regulatory perspective, no hurdles were identified. They would have to have a meeting with the SFWMD so they could see if this plan was compatible with SFWMD's alternative water supply strategies. Commissioner Ensler noted the clock was running, and Mr. Olson agreed. Commissioner Ensler felt they needed to move forward with a decision. Commissioner Ensler asked if the last alternative were selected, how long it would take Brown & Caldwell to bring the information back to the Commission so it could make a decision. Mr. Olson thought it would take one month. Mr. Olson was not certain Brown & Caldwell was actually tasked with looking into the last alternative, but they were open to doing so. Mr. Olson related there were some uncertainties with the last alternative. The exact locations of Floridan Aquifer wells and raw water piping were unknown. Brown & Caldwell was promoting the idea of expanding the WWTP to a 10 mgd facility, but that did not have to occur at a 10 right now - it could be expanded to 5 now and 5 more later, although they recommended the space for the 7 wells be secured right now. The routing for the conveyance pipeline had not been confirmed. No routing analysis had been done. Commissioner EnsJer asked if there were any input from the test wells done recently - one at Congress Community Park and a second on Miner Road. Mr. Mazella noted some samples had been taken from the south well, but none yet from the north well. Commissioner Ensler asked when the Commission could get an answer to the test sample results. Mr. Bressner confirmed this was an inquiry into the quality, not quantity of water. Commissioner Ensler asked if the Commission could get an answer to this question during the budget hearings, and Mr. Mazella responded if the tests had been done, yes. 11 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Mr. Olson deferred to the hydrogeologist at Brown & Caldwell, Helen Hickman, on the issue of regional water quality in the Floridan Aquifer. Ms. Hickman responded there was some regional information they could use such as the data from the City's injection weill that could provide guidelines as what to expect in regard to water quality. Commissioner Ensler commented the County was committed to going ahead with a Floridan wellfield plant out in the South Bay area and might have data. Ms. Hickman thought they had data since a couple of the wells Commissioner Ensler spoke of had been completed. They could certainly get the data from that, since they were involved with that project. Commissioner Ensler asked if they could get quality and quantity data, and Ms. Hickman responded in the affirmative. Mr. Bressner added data was also available from Jupiter. Advantages of Alternative Option #3 . Satisfies Water Supply Strategy . Takes full advantage of the surficial aquifer allocation . Fully utilizes EWTP . Diversifies raw water source . Provides operational redundancy · Takes advantage of lower treatment costs at EWTP (#0.22/1,000 gal. Vs $0.41/1,000 gal. Using nano filtration) - $1.0M year · Produces more water from same surficial allocation (1.5 mgd) · Reduces cost to implement LPRO at West Water Treatment Plant · Provides finished water near demand growth (downtown corroder). Takes advantage of an existing finished water distribution network. · Provides a source of low cost treated water near the location of the City's two (2) ASR wells. · Cost sharing with SFWMD (grants) · Significant life-cycle cost savings (approximately 20% less than Alternatives 1 and 2) Mr. Olson summed up, saying this option satisfied the entire water supply strategy. It took advantage of the existing allocation from the surficial aquifer. It also maximized existing capacities at the plants and took advantage of existing infrastructure without having to build anything new. This approach diversified the raw water resources, which is the key to water survivability in the future. In the futurel nobody would be able to survive entirely on the Floridan or surficial aquifers. There had to be an integrated water supply strategy that took into account both aquifers, reusel conservation, and groundwater recharge ASR. This option also provided operational redundancy. Mr. Olson recalled Commissioner Enslerls remarks from a number of years previouslYI about making sure the pipelines were paralleled and having 12 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 alternate ways to get water from point A to pOint B. Right now, there was no operational redundancy. If the WWTP went down for some reason, there was no way to get that water to the EWTP. If the EWTP plant went down, there was no way to get that water to the WWTP to be treated. Alternative #3 does that. Commissioner Ensler questioned whether this option could be implemented and at the same time, maintain the water supply to the water district. Mr. Olson said that would absolutely be possible and that was one of the beauties of this alternative. The modifications at the plant are very minor compared to the other two alternatives. Alternative #3 also takes advantage of a lower-cost treatment method. Money is saved on every gallon sent from the WWTP to the EWTP on treatment costs. The treatment costs at the EWTP are $0.22/1,000 gallons, including chemicals and electricity. At the WWTP, using the nano filtration treatment process, the cost is $0.41/1,000 gallons. If the 10 mgd currently being treated at the WWTP were sent to the EWTP, the savings would be over $700K a year, just in operational expenses. If the full cost savings of being able to ship 17 mgd from the WWTP to the EWTP, the savings would be over a million gallons/year. Alternative #3 provides a physical payback. Mr. Bressner thought this would provide a seven-year payback for the infrastructure. Right now, if the City pumps 10 million gallons at the WWTP, it only gets to use 8.5 million gallons. Alternative #3 produces a gain of 1.5 million gallons per day. That was enough water for 8,000 people. Alternative #3 reduces the cost to implement LPRO. There was an existing concentrate disposal well and an existing building. The only thing that would have to be done would be to replace the treatment process in the interior of the building. Alternative #3 provides finished water near the demand growth. Most of the growth in Boynton Beach was projected for the downtown corridor. This puts the water supply right where the demand is growing. The EWTP was the cornerstone of the City and it was installed where the population was. There is a distribution network coming out of the EWTP to fuel population in the eastern part of the City, which was not currently being met, so this was a more efficient process. Alternative #3 provides a source of low cost water to feed the ASR wells. Rather than having to use nano filtration water from the WWTP or LPRO water from the WWTP, this would use lime treatment water from the EWTP, the lowest cost water. Alternative #3 had a cost-sharing element with the SFWMD. It had a program of CO-funding or helping to pay for alternative water supply projects and the City of Boynton Beach had received several grants, primarily for the ASR wells, but also the Floridan Aquifer Supply Study. It could be anticipated these grants would be in the neighborhood of 20% of the capital cost of these im provements. Alternative #3 provides significant life cycle cost savings of approximately 20% compared to Alternatives # 1 and 2. Commissioner McCray spoke of operational redundancy and asked how many new employees would have to be put on with Alternative #3. Mr. Olson did not believe any new staff would be 13 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 required. The EWTP was fully staffed now and they could handle the additional treatment requirements. Commissioner McCray asked if there were upgrades, where could staff be cut? He was concerned about overstaffing and in a full report, on an item of this magnitude, he wanted to see any potential for a reduction in the number of City employees or other cost savings for the community. Mr. Olson believed some automation might be possible in converting the existing nano filtration WWTP. Mayor Taylor thought it was early to be talking about employees, since it would take a number of years to put this in place. Mr. Olson commented they believed it would happen in three to five years. Mr. Bressner responded to Commissioner McCray that in terms of capital costs, considering the $96M that was for the EWTP expansion and adjusting it for inflation, the cost would have been $109M. If Alternative #1 or #2 were selected ($54.6 or $53.5M respectively), the savings would be $40-50M. Even with adding back in the probable cost of the reverse osmosis 10 mgd plant and the cost of the pipeline and pump station, Alternative #3 would probably have to be in the realm of $60-65M and still provide a savings of about $30M. There would also be operational and maintenance savings with Alternative #3 of close to $lM a year. It would be feasible to expect some grant funding from the SFWMD that would drive that cost down even more. In addition to cost savingst they were looking at some significant operational efficiencies. Mr. Bressner commented he had always been concerned about having two separate water plants, even though the system was hydraulically balanced between the two. There was no direct interconnect now and this alternative would provide that. Having a direct interconnect between the two plants also increased the margin of safety in the event of a catastrophic failure at one of the plants. He felt Alternative #3 really fulfilled his request to the consultant and staff to provide an alternative to the EWTP expansion being considered the previous year. He had wanted to save about $40M and with any of the options, they would be coming close to that but operationally, he thought Alternative #3 offered the most promise. Mr. Olson noted the alternatives were all expansions. They were looking at expanding a utility that could create 18 mgd to an average daily flow of 25-30 mgd in 2025. This was a growing utility. On a cost per thousand gallons, costs would be going down significantly. Commissioner McCray asked what the effect a terrorist attack would have in relation to the connection between the two water plants. Mr. Olson mentioned the emergency interconnects between Boynton and other cities, saying if a problem occurred, the City could tap into water available from adjacent utilities. If the WWTP went down, water could be pumped from west to east, bringing in temporary membranes. At the moment, if the WWTP went down, there was no way to distribute the water or get it back into the network. Commissioner Ensler thought the uncertainties regarding the Floridan Aquifer affected all three options. The last alternative showed the most promise in his mind in terms of significantly reducing the cost to the taxpayers and using facilities now being used to only a small percentage of their capability. If they were going to look at Alternative #3t he wanted to have a date certain when the information could come back to the Commission so it could make a final decision on what they were going to do in the future for water in Boynton Beach. Mr. Bressner indicated the Capital Improvement Budget suggested a figure in the realm of $55M for the water improvements. In order to move forward it would be necessary to: · Meet with SFWMD to verify their attitude towards the proposed improvements 14 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 . Have a final presentation on Alternative #3 at the first Commission meeting in September . Perform an analysis of the different chemical properties in the water from the EWTP and the WWTP to avoid any apparent or hidden incompatibilities. . Obtain a cost for preliminary routing analysis Vice Mayor McKoy wanted to hear about any potential safety concerns involved with interconnecting the two water plants, including worst-case scenarios. Mr. Olson had discussed the interconnection in terms of a net benefit to the City. He was leery of giving anyone ideas of what could be done to disrupt the water distribution system. There could be mechanical failure at existing facilities, breakages of pipelines, and so forth. He thought this would be addressed by the Utility in its operational plan as a contingency by "what- if" scenarios. He knew this type of contingency plan was in effect for the wastewater distribution system, but there was no current communication or redundancy in the City's raw water distribution network. Mr. Bressner believed it could just be the addition of another pump station at the EWTP to direct the water to the WWTP, and that would be another $2M expenditure. This would be a standby pump to pump the water from the east to the west in case of a problem with the Floridan Aquifer pumping station at the WWTP. Mr. Olson did not think they wanted to make the investment to have emergency standby membranes at either plant to cover any catastrophic conditions because they would have the ability to convey the water and if needed, emergency membranes could be brought in to treat it. Commissioner Ferguson spoke of the 177 gpd, asking what the strategy would be if it were reduced to something like 140 gpd from four different sources. He felt if the regulatory body was going to try to cut off the expansion, they could have a steeper pricing mode that would take care of some of the people who were using 287K gallons a month to water their lawns. As Commissioner Ensler had said, the mix of new dwelling units may cut that down some. The Wastewater Board was implementing a strategy to come up with another 12 or 13 mgd of wastewater that would be used for irrigation. Would that change any of Brown & Caldwell's recommendations? Mr. Olson responded that Florida Power & Light gave incentives for using less power. As a Utility, the City would want to promote using less water. If less water were used, the proposed expansions would not be necessary, but there would also be no revenue. Mayor Taylor asked for an estimate of the total cost for Alternative #3. Mr. Olson was uncomfortable with giving a firm numbert but it would be in the neighborhood of 80% of the capital costs of the other two alternatives. Mr. Bressner was pleased to hear that this was better than the number he had suggested a few minutes previously. Commissioner Ensler remarked Alternative #3 also had lower operation and maintenance numbers. Commissioner Ferguson thanked Mr. Olson for a very comprehensive presentation. Mr. Bressner and others echoed that thought. Mr. Bressner noted that the Commission would expect a report from Utilities and the Consulting Engineer at the first meeting in September. Progress or interim reports would be gratefully accepted. Commissioner Ensler noted the reports should be in sufficient detail to allow the 15 Meeting Minutes Special City Commission Meeting Boynton Beach, Florida July 11, 2006 Commission to make a decision. Mr. Olson confirmed this presentation would focus on Alternative #3. FISCAL YEAR 2006 UTILITY CAPITAL IMPROVEMENT PLAN Kofi Boateng, Utilities Director, gave a detailed presentation on this topict a copy of which is made a part of these minutes. Total CIP Expenditures by year were: 2005-06, $19.6M; 2006- 07t $26.0M; 2007-08, $36.3M; 2008-09, $45.0M; and 2009-10, $28.2M. He then broke those expenditures down by Division. Commissioner McCray asked what year the Utility would run out of money. Mr. Bressner confirmed this was on a cash basis and went on to say there was about $54M of unobligated reserves in the Utility Fund. Mr. Boateng then discussed industry trends in water and wastewater. 1) Utilities Budget modeled after Industry Trends 2) Addressing the needs of aging infrastructures The verdict was that the underground infrastructure was in bad condition, nationwide. There was a stark funding gap due to deferred maintenance. Both were a matter of "out of sight, out of mind.'t Various agencies including the Congressional Budget Office, the Environmental Protection Agency, and the Water Infrastructure Network had estimated the cost to fix this problem nationwide was from $600B up to $lT. This is the amount utilities would have to invest in their infrastructures to improve conditions underground. The emphasis was on controlling cost of operations and avoiding expensive system repairs and shutdowns. 3) Succession Planning There was a concern about the exodus of the "baby boomersfl and the realization that there were not as many people available to take their places and the ones that were did not have the skills or experience of their predecessors. They needed to invest in a more versatile workforce if they were to address some of the utility's future needs. 4) Leveraging Technology Traditionally, the utilities industry had been reluctant to take advantage of some of the new technology, but the emphasis was now to invest in them, including automation to reduce labor costs. 5) Stringent Regulatory Environment This was a constant in utilities, one of the most regulated environments in the country. They had to heighten their environmental stewardship and grow a skilled workforce that would be able to stay on top of regulatory issues. Regulatory issues were expected to become more stringent. In order for utilities to be successful in the future they had to do three things very well: 16 08/13/2005 19:20 5517425259 B8/14/2~B6 B9:46 5617344364 "'I~""'''''--- '---.--. --... ...... . PLANNING BB CHAMBER ~ V. ADMINISTRATIVE ITEM A. Diana H. Johnson ., hyttee Cft.de Boynton 8eac:h, F10rfcM Sf,36 I i May 24, 2006 MayGr Jerry Taylor City of Boynton Sea. 100 East BoyDtoa s.h Blvd. Bo)'IItoD Belch, Florida 31435 Deer Mayor Taylor: I must J:eSi.In Ul1 positiollM'" ~ on the City's PI8DDing & ~ Advisory Bomd ellbrtive amedi~ly. I I I It bas been a pleasure to serve OD dbs bo8rd since April 012005. It is due to pII'IODIl time constraiDts tbIt I fiDeI it necessary tb withdraw my appointmmt . tbiJ time. ~"'~-.. c -.,. . ~-:-, ; -", '.^'- '.) _,. "r:'~ " ' ; If citc\1lb$lanCeS should cbqe _I find I bave more time to contri.hute '** to 1he community ~ I will reapply to the City's talent beak for au. appoin1meQt. 'I"bat you and the Commissioaersi for b opportuaity 10 serve. S~. ~I/.~ DiIDa H. JoImsoD The City of Boynton Beach V. ADMINISTRATIVE ITEM B. 1.1.'~ .r..",.\\\.." . \ J \ ~ / -~\, ,.'" ~ ~"-''''''' _' V'~', City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org ....-.-'" "-::-', .' / ~'~~ -, August 10, 2006 Pamela Winters 638 Snug Harbor Drive 7E Boynton Beach, FL 33435 Dear Ms. Winters: Based on Ordinance 01-60 adopted at the regular meeting of the City Commission on December 18, 2001 (see attachment), I must advise that you have been absent from the following three regular meetings of the Recreation & Parks Board: April 24, 2006 June 26, 2006 July 24, 2006 The next scheduled meeting of the Board will be held on August 28th, 2006 at 6:30 p.m. at the Senior Center. This letter will serve as notification that one additional absence will cause your Board membership to be terminated, and a replacement will be appointed. Sincerely, J1wj; J~ j;-LCu~ ~ ~ cd ~ ~ o!~- A11~()t:'~,1I . 1 J ~;JYU)UJ ~t!.'6./.(-l() -t;';;;; I (f-.! 1 ~ acrt; ~d~~' ~.~ ~Jllim ~~~ ~ ~~ 1;;- ? luACf ~i:At~ ~d JY2) I fi~) lyetc~ Y () (." t ~ ~ C"::"'~" - e~~ 'v ~/ jap Attachment XC: City Commission City Representative Board File Warnings/Removals s:\CC\WP\BOARDS\warnings\Recretion & Parks.doc V. ADMINISTRATIVE ITEM C. APPLICANTS ELIGIBLE FOR APPOINTMENT 09/06/06 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3ra CHOICE APPUCATION SUBMITTED Aikens Willie l. Community Redev. 6/20/06 Aqenev Board Barnes Matthew Community Redev. Planning & Dev. 3/30/06 Agency Board Board Buchanan James (Buck) Community Redev. 7/10/06 Aqenev Board Jensen Lisa J. Employees' Pension Education and 8/23/06 Board Youth Advisory Board Kane Robert Golf Course Advisory 8/14/06 Committee Moyer George H. Code Compliance 8/16/06 Board S:\CC\WP\BOARDS\APPMENTS\Board Year 2006\Applicants Eligible for Appt 09-06-06.doc VI.-CONSENT AGENDA ITEM A.1. MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 15, 2006, AT 6:30 P.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager David Tolces, Assistant City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:29 p.m. Commissioner Mack McCray offered the invocation. Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Tolces pointed out a resolution had been provided to the Commission to coincide with item VI.D on the agenda. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Ferguson seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor McKoy commended all those who had been instrumental in getting the marquee sign approved and erected for Boynton Beach High School on Gateway Boulevard. Commissioner McCray thanked all those who contributed to the School Supply Drive. Mayor Taylor mentioned he and Vice Mayor McKoy had attended the Florida League of Cities meeting in Jacksonville. He was proud of Vice Mayor McKoy for representing Palm Beach Meeting Minutes Regular City Commission Boynton Beach, Fl August 15, 2006 County, as the local President. The number one priority for the new State President of the league of Cities is affordable housing to be examined by a blue ribbon committee over the entire state. Vice Mayor McKoy added in two years the President of the league of Cities should be Carmine Peoria from Wellington as he was installed as the 2nd Vice President currently. This would give Palm Beach County more clout within the Florida league of Cities. Commissioner Ensler announced the ribbon cutting ceremony had been held for Fire Station #2 on Woolbright Road. It will be fully operational very soon. Mayor Taylor announced Palm Beach County had passed the request of the City of Boynton Beach for $15,000 toward the visioning committee. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Oceanfront Concert -- Friday, August 18, 2006 from 6 to 9 p.m. at Oceanfront Park featuring the band Totall Kontroll. Wayne Segal, Public Affairs Director, invited everyone to attend the free Oceanfront Concert to be held on Friday August, 18th. B. Community and Special Events: None C. Presentations: 1. Proclamations a. Read for the Record Day - August 24, 2006 b. Firefighter Appreciation Week - September 1-8, 2006 Mayor Taylor read the Proclamation for the Read for the Record Day as August 24, 2006 and presented it to Cheryl Fishman, Youth Services Librarian for the Boynton Beach City Library. Ms. Fishman thanked everyone for supporting all that is being done at the Library. Mayor Taylor read the Proclamation for Firefighter Appreciation Week to be September 1st through the 8th, 2006 and presented it to Chief William Bingham. Chief Bingham acknowledged the presence of Emily Deloach, the Muscular Dystrophy Association (MDA) District Director and Chris Fosmire and David Kirby who receive services from the MDA. Audrey Girardi, the Fire Department Coordinator and It. Tom Murphy representing the IAFF were also present. Chief Bingham explained firefighters across the nation are major contributors to the MDA, raising over $20M in the past two years. Boynton Beach firefighters alone raised $19,315 through the annual boot drive. They hoped to lead the County in their contributions this year. All funds raised 2 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 remain in Palm Beach County to support the needs of the residents. He announced the boot drive would be conducted throughout the City September 1st thru September 4th. He thanked everyone in advance for their continued support. Lt. Thomas Murphy of the Boynton Beach Fire Department, representing Local 1891 and the professional firefighters and paramedics, indicated the Proclamation is very motivational and thanked the Commission and staff for their support. 2. Presentation of a citation to AI DeMarco for his six years of service to the Community Redevelopment Agency (CRA) Board. Mayor Taylor read and presented a special citation to AI De Marco for his many years of volunteer service to the City of Boynton Beach. Mr. De Marco thanked the Commission for the opportunity to serve on the Community Redevelopment Agency Board and thanked the board members for their cooperation and support. Lisa Bright, Executive Director of the CRA presented Mr. De Marco with a lead crystal vase. Jeanne Heavilin, past Chair of the CRA board, added Mr. De Marco's contributions had been invaluable to the board. Stormet Norem, Vice Chair of the CRA board, having worked with Mr. De Marco on many boards, noted his work had been exemplary and thanked him for service well done. Mr. De Marco added he hoped the Heart of Boynton project would continue to move forward. 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) Fiel Bronson, 201 NE 19th Avenue, expressed concern about a warning ticket for an expired registration he had received from the Boynton Beach Police Department and the possibility of profiling African-Americans. Mayor Taylor assured him the Police Department would contact him about his warning ticket. Jean Kane, 1657 Wood Fern Drive, discussed the property adjacent to Fire Station #2 on Woolbright Road and the need to have the power company clean up the area being used as a staging area for placement of new utility poles. Mayor Taylor explained the City required the area be restored to its original condition or better upon completion of the project. She also requested the islands on Woolbright Road be landscaped. Lois Smith, 122 NW 8th Avenue, asked the Commission for letters of support for the creation of a charter school in the area. Mayor Taylor voiced his non-support of charter schools in general. Commissioners Ferguson and McCray indicated they would support a new charter school. Dee Zibelli, 1811 Meadows Circle, pointed out what she perceived as a hypocrisy involving a Planning and Development Board member. She also voiced her displeasure with the additional housing being requested by Quantum Park developers. 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 James Ross, 1513 SW 22nd Street, requested the City investigate the blockage of the canal from Woolbright Road south, draining into Lake Roma. He claimed the canal had become a mosquito and rat infested swamp. Mr. Ross had been in contact with the Lake Worth Water District on several occasions to no avail. Commissioner Ensler contacted the Lake Worth Water District also and they indicated the blockage was on property owned by the Leisureville community. He requested the City staff investigate the cause of the problem and what could be done to correct the problem. Sergio Casaine, 13 Meadows Park Lane, explained he supported the Quantum Park request for additional housing units because it was an opportunity for workforce housing in the City of Boynton Beach. Richard Philpott, 1361 SW 27th Avenue, introduced Circuit Judge Arthur Wroble. Judge Arthur Wroble reviewed his qualifications and past experience with the Circuit Courts. He explained the function of the Circuit Courts and asked for the continued support of the citizens for him to remain on the bench. Herb Suss, 1711 Wood Fern Drive, felt the campaigning of Judge Wroble was objectionable and asked Mayor Taylor to disallow the practice. Mayor Taylor indicated he would allow any judge to speak during Public Audience for the purpose of giving voters valuable information. Sunny Garcia, 1631 NW 3rd Lane, hoped the City had taken care of any malfunctioning school crossing lights, since school started the next day. No one else coming forward, Mayor Taylor closed the public hearing. v. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Exoiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Mayor Taylor Cemetery Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Code Compliance Board Alt 1 yr term to 4/07 IV McKoy Code Compliance Board Alt 1 yr term to 4/07 Mayor Taylor Community Relations Board Alt 1 yr term to 4/07 IV McKoy Community Relations Board Alt 1 yr term to 4/07 Mayor Taylor appointed Sanford Mendelsohn as an alternate on the Community Relations Board. Motion 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Commissioner Ferguson moved to approve the appointment of Sanford Mendelsohn to the Community Relations Board. Commissioner McCray seconded the motion. The motion passed unanimously. Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) II McCray Golf Course Advisory Committee Alt 5 yr term to 6/11 II McCray Library Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Library Board Alt 1 yr term to 4/07 Ensler Planning & Development Board Reg 2 yr term to 4/08 Tabled (2) Motion Commissioner Ensler nominated Jon Blehar as a regular member of the Planning & Development Board. Vice Mayor McKoy seconded the motion. The motion passed unanimously. II Ensler Recreation & Parks Board Alt 1 yr term to 4/07 IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 Motion Commissioner McCray moved to table the remaining appointments not filled. Commissioner Ferguson seconded the motion. The motion passed unanimously. 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 - July 28, 2006 2. Minority - Small Business Enterprise Program Workshop - July 28, 2006 3. Regular City Commission - August 1, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Award the "PURCHASE OF ONE NEW AND UNUSED DUAL SIDE-LOADING RECYCLING VEHICLE" Bid #045-2516-06/JA to Container Systems & Equipment of Daytona Beach, FL in the amount of $119,555 with an allowance for "Trade In" of $9,000 for a total expenditure of $110,555. 2. Approve a piggyback off the City of Melbourne RFP #10-11-1-2005 with Insituform Technologies, Inc. for pipeline rehabilitation services with an estimated expenditure of $97,569.90 C. Resolutions 5 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 1. Proposed Resolution No. R06-138 RE: Approving and authorizing execution of an Interlocal Agreement between Palm Beach County and City of Boynton Beach for the removal of invasive non-native plant species for the Quantum Park site. Mayor Taylor pulled item VI.C.1 for discussion. 2. Proposed Resolution No. R06-139 RE: Approving and authorizing execution of an agreement between the South Florida Water Management District (SFWMD) and the City of Boynton Beach (CBB) for SFWMD to provide financial assistance not to exceed $160,000 to the CBB for the fact finding and evaluation study of the South Lake Worth (Boynton) Inlet. 3. Proposed Resolution No. R06-140 RE: Approving and authorizing execution of Task Order No. U06-4-1 with CDM not to exceed $20,000 for negotiating additional surficial aquifer allocations on the City's behalf with the South Florida Water Management District. Commissioner Ferguson pulled item VI.C.3 for discussion. 4. Proposed Resolution No. R06-141 RE: Approving the execution of an annual contract with CompuTEE International, Inc., to provide an automated tee-time system at a maximum cost of $2,500 per year. 5. Proposed Resolution No. R06-142 RE: Approving and authorizing execution of a contract to accept hazard mitigation funding of $137,336 from the Department of Community Affairs, Division of Emergency Management to cover the 2nd story windows at City Hall with Miami Dade approved hurricane window coverings. 6. Proposed Resolution No. R06-143 RE: Approving an amendment to paragraph (d) (2) under "General Policies" in Resolution No. 05-012, regarding Grant Funding Policies. Commissioner McCray pulled item VI.C.6 for discussion. 7. Proposed Resolution No. R06-144 RE: Approving and authorizing the execution of the Eleventh Amendment to Lease Agreement with Cingular Wireless for reassignment of lease in order to reinstate the revenue stream. 8. Proposed Resolution No. R06-145 RE: Approving and authorizing execution of a repair proposal from Madsen/Barr of Lake Worth, FL for the amount of $58,900 and Jacksonville Electric Authority 6 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 (JEA) Bid #WCS-123-00 -- Insituform Technologies of Jacksonville, FL for the amount of $11,525 for a total cost of repair of $70,425. D. Approve the roadway name change of N.E. 2nd Avenue east of U.S. Highway One (Federal Highway) to be known as BOYNTON BEACH BOULEVARD. E. (Intentionally left blank) F. Authorize the use of $1,000 of Commissioner Mack McCray's Community Investment and $1,000 of Vice Mayor McKoy's Community Investment Funds to the Boynton Beach Faith Based CDC. G. Authorize the use of $2,000 of Vice Mayor McKoy's Community Investment Funds to the Boynton Beach All-Star Cheerleading Squad. Motion Commissioner Ferguson moved to approve all Consent Agenda items with the exception of those items pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. VI.C.l. Proposed Resolution No. R06-l38 RE: Approving and authorizing execution of an Interlocal Agreement between Palm Beach County and City of Boynton Beach for the removal of invasive non-native plant species for the Quantum Park site. Due to an inconsistency in the agenda materials, Mayor Taylor requested clarification if the agreement pertained to the Quantum Park site or Boundless Playground. Mr. Bressner replied the Quantum Park was the site. Motion Commissioner Ferguson moved to approve item VI.c.1. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI.C.3 Proposed Resolution No. R06-l40 RE: Approving and authorizing execution of Task Order No. U06-4-1 with CDM not to exceed $20,000 for negotiating additional surficial aquifer allocations on the City's behalf with the South Florida Water Management District. Commissioner Ferguson did not feel it was appropriate to negotiate a new allocation figure with the SFWMD until some decision had been made on the status of the Boynton Beach water system. Commissioner Ensler felt the new allocation would increase the amount of drinking water available to the City and would be beneficial in the long term. Mayor Taylor agreed. Motion Commissioner Ensler moved to approve item VI.C.3. Commissioner McCray seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting) 7 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 VI.C.6 Proposed Resolution No. R06-143 RE: Approving an amendment to paragraph (d) (2) under "General Policies" in Resolution No. 05- 012, regarding Grant Funding Policies. Commissioner McCray asked that interested parties be allowed to speak before a vote on the item. David Zimet, Boynton Beach Faith Based Community Development Corporation, indicated any limitation on the allocation of grant monies received from the City would diminish the services delivered. Their service involves counseling which requires staff and payroll. He reported none of his administrative costs are covered by CDBG monies. He estimated 40% of the total office payroll is covered by CDBG monies. Vice Mayor McKoy inquired if any other funds would be available for salaries and Mr. Zimet responded developer fees, closings, and sale of newly constructed homes generate some funds. There is also a youth program that is independently funded. Mr. Zimet added funds from banks and other grants are used mostly for administration costs. A small portion of those funds could be allocated to counseling services. Commissioner Ensler was not sure he understood what would be considered an administrative expense. Commissioner McCray inquired if Mr. Zimet had any problems with the CDBG funds and he advised he had not encountered any problems in the past. Mr. Bressner pointed out the prior ordinance also did not include a definition of administrative expenses. Quintus Greene, Director of Development defined administrative as office expenses that are not direct personnel expenses; such as, rent or overhead expenses. Mr. Zimet indicated CDBG funds were not used to pay for rent or electricity or office supplies. Commissioner Ensler suggested a definition of administrative be added to the resolution. Attorney Tolces added the use of CDBG funding is governed by Federal regulations. Commissioner McCray confirmed through Mr. Greene that the funds currently being used are within the Federal guidelines. Vice Mayor McKoy indicated and Mr. Greene confirmed, the City did have the right to modify the percentages for the use of CDBG the monies. Chris Plummer, representing R.M. Lee CDC, 900 N. Seacrest Blvd., clarified the Federal guidelines define administrative costs as materials and supplies, non-administrative cost, direct client services and administrative costs of non-direct client services. Mr. Plummer gave various examples of expenses that would be direct or indirect costs. He added the services provided by the non-profit organizations are furnished free of cost using personnel to serve people. The major portion of costl therefore, would be people cost to help others. Fund raising activities are used by many organizations to supplement funding, as well as grants from banks and other agencies. Mr. Plummer noted since Boynton Beach was a Federal entitlement community, some Federal monies were not available to the non-profit organizations. Fund raising efforts have not 8 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 been very successful in recent years according to Mr. Plummer. He stressed, if the resolution as written would be passed, some agencies would not be able to provide services and would close. Sherry Johnson, Executive Director of the Community Caring Center, reviewed the various expenses of the Center and explained how funding had been applied to those expenses. The formula proposed by the new resolution would not give the Center money for food, clients' rent payments or utility bills. She speculated that the entire program would need to be revamped by staff and may not be ready for next year to distribute any funding. Ms. Johnson emphasized the CDBG funding was the only source of funding for the Community Caring Center program. Commissioner McCray thanked Ms. Johnson for her efforts and asked if she was happy with the present allocation of funds. She replied the program was easy and she was pleased with it as long as the process was fair. Commissioner Ensler examined the percentages called for in the new ordinance and determined the percentages were possibly not workable. Mr. Greene stressed the staff was very comfortable with the program as it has been; however, the Commission requested the review. Mayor Taylor and Commissioner McCray contended the request for change was unnecessary. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R06-143. Commissioner Ensler seconded the motion for discussion. The motion failed 1-4. (Mayor Tay/or, Commissioners Ens/er, McCray and Ferguson dissenting) VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: A. Approve proposed settlement of attorney's fees in the amount of $25,125.25 for Erskin Rogers, counsel for Theodore Ryan and Gerhard Degen. Motion Commissioner Ferguson moved to approve item VILA. Commissioner McCray seconded the motion. The motion passed unanimously. 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. Attorney Tolces administered an oath to all those intending to testify. A. Project: Agent: Owner: Location: Meadows PUD (MPMD 05-013) Steven L. Cohen & Associates, P .A. Boynton Meadows, LLC Southwest corner of Congress Avenue and Hypoluxo Road 9 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Descri ption: Request for Master Plan Modification approval for the addition of 34 townhomes to the Meadows Planned Unit Development (PUD). B. Project: Agent: Owner: Location: Descri ption: Meadows Townhomes (NWSP 05-032) Steven L. Cohen & Associates, P .A. Boynton Meadowsl LLC 100 Meadows Circle Request for New Site Plan approval for 34 townhomes and related site improvements on a 7.966 acre tract within the Meadows Planned Unit Development (PUD). It was agreed that both items relating to the Meadows Townhomes could be heard together. Mike Rumpf, Director of Planning and Zoning, reviewed the purpose of the two applications to add 34 town homes in seven buildings to the PUD. Staff recommended approval of the master plan without conditions of approval and the new site plan be approved with conditions of approval. Steven Cohen, architect and agent for the applicant, indicated all aspects of the Code had been complied with, including additional landscaping along the western berm and a light brightness study. The applicant agreed to search for any gopher turtles before construction and relocate any turtles, if found. Mayor Taylor opened the issue for public hearing. Sergio Casaine, 13 Meadows Park Lane, justified the decision he had made as a member of the Planning and Development Board, based on the fact that the residents of Nautica Sound be given an opportunity to discuss their concerns with the developer. He did support the project and its impact on the Meadows development, but felt proper notice was required. Mr. Cohen responded the developer had been given the wrong information from the County for notice. The entire project was re-submitted and the correct addresses were given notice complying with the law and regulations of the City. David Katz, 67 Midwood Lane, contended the developer was highly reputable and met all conditions of staff and the homeowners' association of the Meadows. They had enhanced the apartments and entryways and improved the development as a whole. He did not feel the proposed 34 homes would affect anyone's quality of life and would, in fact, enhance the tax base. Herb Suss, Quail Run, voiced his opinion that the residents of Nautica Sound should be given the opportunity to bring their opinions forward. Mayor Taylor pointed out the Commission was prepared to hear their concerns at this time. David Core, attorney, representing Nautica Sound Homeowners Association, submitted the elements required under the Code of Ordinances had not been met. He noted the gopher tortoises are protected species in the State and there are no conditions of approval dealing with environmental concerns other than landscaping. Mr. Core alleged the adverse 10 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 affect on the adjacent property owners must be considered and the buffer zone is insufficient. He noted the original site plan contained the 34 townhomes in a different location. In his view the applications are deficient and should be denied and sent back to developer. Mayor Taylor requested staff respond to Mr. Core's allegations. Mr. Rumpf responded the gopher tortoise issue and other issues would need to be addressed prior to approval or a condition of approval prior to the permit stage. The site had not been identified as an eco- system site as outlined by a County study. If there are tortoises, they will need to be identified and audits would be done along with proper mitigation measures taken in accordance with State of Florida law. The road had been viewed as a driveway or parking area for the units and not a high traffic area. Mr. Rumpf indicated staff had not considered the addition of the 34 units a major or substantial change to the 1,359 unit Planned Unit Development Master Plan to justify a rezoning. Commissioner Ensler felt the mitigation issues were important enough to be a condition of approval at the present stage of the plans. Mr. Rumpf agreed. Mr. Cohen commented his client had made a $50,000 donation to the Little League teams as part of the art fee. Commissioner McCray inquired if a 30 day delay would be a hardship. Mr. Cohen explained financing deadlines require the project be permitted within 90 days. In Mr. Cohen's view the project met and exceeded the requirements of the Code. The Nautica residents had been notified on a timely basis based on the City ordinance. Mayor Taylor felt tabling the issue for 30 days would not accomplish anything and was unnecessary . Brenda Sansaricq, 7080 Chesapeake Circle, alleged 120 homes in Nautica Sound would be affected by the new development. She did not feel the buffer area would be sufficient. Her concerns were the safety of children going to school, the environmental impact, dumpsters, crime, noise and property values. She suggested moving the buildings further east rather than destroying Nautica Sound. Neil Redmond, 3920 Newport Avenue, President of the Nautica Sound Homeowners Association, contended the proper notice was not given because a return address had been omitted and it incorrectly stated the time of the meetings. He alleged the project would benefit a few and hurt a majority of homeowners. He speculated the Planning and Zoning Division was only concerned with the tax dollars. Harvey Klein, 7156 Chesapeake Circle, speculated the driveway proposed would be a road as traffic would be going both ways on the pavement. He also objected to the lights to be installed and the possibility of dumpsters with rats and roaches, plus an increase in crime. Blair Schrader, 7164 Chesapeake Circle, was interested in his quality of life and asked the Commission to think about their decision very carefully. Diane Schrader, 7164 Chesapeake Circle, showed a collection of pictures and located her property in relation to the new townhome buildings. She also contended the driveway would actually be a road and reiterated concerns regarding an increase in crime. Ms. Schrader had taken offense to the ten day notice the residents of Nautica Sound were given. She asked the 11 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Commission to preserve what little green space is left in Boynton Beach and move the project further east. Aaron Silverman, 3517 Stratton Lane, added the values of the homes being sold in Palm Beach County have already decreased in the last year. He mentioned the other developments going up along Lawrence Road and suggested the new townhomes would be difficult to sell unless they would be sold at a very low price. He speculated they may become rental properties with transient residents. Sally Sands, 7172 Chesapeake Circle, opposed the 34 townhome expansion because of the increase in noise, dumpsters, traffic and potential crime in her backyard. She felt her privacy would be compromised and her home's value decreased. She also suggested moving the homes further east. Monique Lacher, 3728 Providence Road, felt environmental issues should be studied along with the availability of services to protect the citizens in the area. She also questioned if the schools had adequate room to support the new housing. Ms. Lacher contended the studies should be completed before anything is allowed to be built in the area. Mr. Core submitted an interoffice memo from Officer Huntington dated September 23, 2005 estimating a 6% increase in police calls would occur in addition to the need for another police officer and other services. Mr. Core alleged the changes should be considered a major modification. The second letter he submitted was a letter from the Planning Department indicating a master plan modification would be required and the proposed new site plan would be a major site plan modification. Mr. Core felt the entire matter should be submitted as a re- zoning application and would trigger the environmentally sensitive lands regulations. He alleged the application was insufficient on its face and should be denied and the developer should be required to submit a new plan in compliance with the major modification regulations. Melanie Duran, 3514 Danbury Court, was concerned about her safety walking home from school. Mr. Cohen rebutted the previous speakers that only 18 homes adjoined the property. He explained the letter sent to adjoining homeowners is simply a form letter that is actually submitted by the City to the developer for mailing. He stressed the use of the property for a walkway is a trespass on private property and not for the use of the residents of Nautica. He noted there are two gate systems that would need to be opened for anyone to enter the area. Environmental and traffic studies had been conducted and concluded there would be no impact. Mr. Cohen explained the buildings could not be moved further east because all the utilities were on the west property line and it would not be cost effective to move those utilities. Vice Mayor McKoy inquired how the residents who received the notice would be able to contact the developer without any return address or other information in the notice. Mr. Cohen replied the contact could be made through the City. Michael Kaplan, 3841 Newport Avenue, supported his neighbors and felt impact studies should be completed on the effects to the adjoined property owners and the builder should compromise for the sake of the neighborhood. 12 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Mr. Rumpf related staff had contacted the school to attempt to create a walkway for all the children. The lighting and berming issues were covered in the conditions of approval. He confirmed the project would be gated. A maintenance shed does exist on the property. Mr. Rumpf submitted a letter from Chief Immler that there would be no impact on service levels if the development were to proceed. Mr. Rumpf clarified there had never been an indication the project would constitute a major modification to the master plan. He confirmed an affidavit of proper notice had been received. Commissioner Ensler determined the letter from Officer Huntington was sent in his official capacity and that he reviews all projects. Mayor Taylor requested more detail on the additional landscaping along the berm and Mr. Cohen reviewed the types of trees and plants to be used and their possible heights. Mayor Taylor further commented the zero lot lines in Nautica do not allow for any privacy and there is already garbage pickup within the Nautica community. Mayor Taylor pointed out to compare the traffic noise from the 120 homes along Chesapeake Circle to the traffic from only 34 homes in the Meadows would be unrealistic. He did point out staff simply review the site and plans and if it complies with the Code and regulations staff would recommend approval and they do not sell projects to the Commission. He stressed the property owners do have a right to develop their land and it would not remain vacant land. Vice Mayor McKoy suggested the developer meet with the neighbors and try to reach accord. Motion Commissioner Ferguson moved to approve the Master Plan Modification. Commissioner McCray seconded the motion. The motion passed 4-1. (Mayor Taylor dissenting) Motion Commissioner Ferguson moved to approve the New Site Plan. Commissioner McCray seconded the motion. Commissioner Ensler requested the addition of the mitigation measures be added to the motion. Commissioners Ferguson and McCray agreed to the amendment to their motion. Mr. Rumpf submitted the following draft language to be added, "Conduct any warranted environmental audits on the property and satisfy any applicable County or State regulations regarding the preservation, relocation, etc. of recognized or protected plants or animal species." Commissioners Ferguson and McCray agreed to the language. The motion passed 4-1. (Mayor Taylor dissenting) c. Project: Agent: Owner: Location: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road 13 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Descri ption: D. Project: Agent: Owner: Location: Description: Request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. (Applicant requests postponement to September 19, 2006) Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for New Site Plan Approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. (Applicant requests postponement to September 19, 2006) Motion Commissioner Ferguson moved to postpone items VIII.C and VIII.D to September 19, 2006. Vice Mayor McKoy seconded the motion. The motion passed unanimously. Mayor Taylor declared a five minute recess at 9:09 p.m. Mayor Taylor reconvened the meeting at 9:22 p.m. E. Project: Boynton Village Community Development District (CDD 06-001) Agent: Michael Szymonowicz/Wrathhell, Hart, Hunt and Associate, LLC Owner: 1950 Congress Avenue, LLC, Target Corporation, South Florida Devco, Inc.; and WR 2, LLC Description: Request for an ordinance establishing the Boynton Village Community Development District. (2nd Reading of Proposed Ordinance No. 06-073 will be on September 6, 2006) Attorney Tolces explained the item was set for public hearing and advertised by the applicant. However, the City's ordinance was not noticed properly and must be re-noticed for September 6th. Craig Wrath hell, representing the petitioner, agreed and indicated the applicant had no objection. Mayor Taylor opened the issue for public hearing. Motion Commissioner McCray moved to continue the matter to September 6, 2006. Commissioner Ferguson seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Revisions to 2006-07 Budget based on Budget Workshop Discussions 14 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Commissioner McCray requested assurance that the holiday bonus would not be eliminated. Mr. Bressner concurred. Mr. Bressner reviewed the changes as discussed at the budget workshop. He noted a portion of the building permit revenue could be added based on the fact the Gulfstream Lumber project would move forward during the next fiscal year. He cautioned building permit revenues are one time revenues and lowers the ongoing revenue base making it a one year fix. Mr. Bressner advised the budget can balance with 7.1 mills without the building permit revenues and still maintain a $16,000 surplus. Another option would be 7.0 mills, utilize the building revenues and balance the budget with no surplus. Some cuts would need to be made, but would not result in any program changes. Mayor Taylor favored the 7.2 mills with a cushion for any disasters and to assure processing permits for the Heart of Boynton project could be timely accomplished even if additional personnel would be needed. Commissioner McCray felt more cuts could be made to reach 7.0 mills, but he would agree to 7.1 mills. Vice Mayor McKoy recognized the need for additional monies to deal with the unknown and would agree with the 7.2 mills. Commissioner Ensler commended the City Manager and staff for the budget prepared for the next fiscal year that eliminated deficit financing. He accepted all the recommended changes with the exception of the legal reserve budget cut. Commissioner Ensler agreed with the 7.0 mills. Mr. Bressner pointed out the reserve fund is required by law and currently totals $14.3M of unobligated funds in the general fund. There is also a reserve fund balance of $7.1M. Use of the funds could only be with the Commission's approval. Commissioner Ferguson took a more drastic role and would only accept 6.8 mills that would be viable contrary to the City Manager's opinion. Herb Suss, Quail Run, commented 6.8 mills would be irresponsible and felt 7.2 mills should be the minimum in light of the decline in the housing market and the possibility of hurricanes. Mr. Bressner clarified the legal reserve fund was for collective bargaining purposes and not litigation. He noted other cities have higher assessed values to generate more tax revenue with a lower millage rate. For purposes of finalizing the budget for the public hearing, Mr. Bressner requested consensus from the Commission on the millage rate. 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Motion Commissioner Ensler moved to accept all the decreases plus the increase in revenues. Commissioner McCray seconded the motion. The motion passed 3-2. (Mayor Taylor and Commissioner Ferguson dissenting) Motion Commissioner Ensler moved to set the millage rate at 7.0. Commissioner McCray seconded the motion. Motion Mayor Taylor passed the gavel and moved to set the millage rate at 7.1. Commissioner McCray seconded the motion. The motion passed 3-2. (Commissioners Ensler and Ferguson dissenting) Mayor Taylor announced a letter had been received from Representative E. Clay Shaw presenting a Flag to the City of Boynton Beach that flew over the Capitol on July 4th, commemorating the 230th anniversary of the signing of the Declaration of Independence. The Flag was presented to the City Manager. X. FUTURE AGENDA ITEMS: A. Ordinance creating a mechanism for naming facilities within the City and establishment of overseer committee - Sept. 6, 2006 B. Review of Management Study of Boynton Beach Police Department as prepared by the Police Executive Research Forum - Sept. 6. 2006 C. Interlocal Agreement between the City of Boynton Beach and the Palm Beach County School District on facility use and fees - Sept. 19, 2006 Commissioner Ensler requested adding the following items to the Future Agenda Items: · Schedule of development fees and the due dates of the fees · Payment of art fee when added to site plan extensions · 30% allocation of art fee to staff XI. NEW BUSINESS: A. Approve the staff recommendation for the creation of a formal Small/Minority Business Enterprise Program for the City of Boynton Beach in the form of an ordinance. (see proposed draft ordinance) Commissioner McCray requested an explanation of the $50,000 for a strategic plan implementation. Wilfred Hawkins, Assistant City Manager, responded the monies were a recommendation in the proposed budget to implement the program. A lower amount could be utilized. He clarified the 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 request was simply to bring the proposed ordinance back before the Commission to be formally considered. Motion Commissioner McCray moved to proceed with the proposed ordinance. Vice Mayor McKoy seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting) Commissioner Ensler requested reconsideration of the millage rate for the budget. Motion Vice Mayor McKoy, being on the prevailing side of the original motion, moved to reconsider the millage rate. Mayor Taylor passed the gavel and moved to second the motion to reconsider. The motion passed 3-2. (Commissioners McCray and Ferguson dissenting) Vote A new vote was taken on the original motion to set the millage rate at 7.1. The motion passed 4-1. (Commissioner Ferguson dissenting) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-074 RE: Approving the adoption of the Federal Highway Corridor Community Redevelopment Plan Update. Attorney Tolces read Proposed Ordinance No. 06-074 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-074. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 06-075 RE: Approving an increase in the maximum allowable dwelling units permitted under the development order from 1,105 to 1,905 dwelling units. (Quantum Park NOPC #16 DRIA 06-001) a. Quantum Park NOPC #16 MPMD 06-003 Request to approve Master Plan Modification to allow an increase in the maximum number of dwelling units allowable from 1,105 to 1,905 units and change in designation of lots 17, 52, 58, 102 and 103 to Mixed Use (MU). (Tabled to August 15, 2006) 17 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Motion Commissioner McCray moved to remove item XII.2.a from the table. Vice Mayor McKoy seconded the motion. The motion passed unanimously. Attorney Tolces read Proposed Ordinance No. 06-075 by title only. David Norris, attorney for the applicant, reviewed some of the history of Quantum Park's development. He noted the project had evolved based on the demands of the public over the last ten years requiring amendments to the plans. All the required criteria have been met. Mr. Bressner addressed the issue of the traffic signal and thought the record on NOPC #12 was not clear and the matter needed to be addressed at this juncture. A surety for one of the traffic signals had been posted by D.L. Horton that would expire at the end of September in the event warrants were not met. Staff recommends MFT Development Incorporated be responsible for posting letters of credit for both traffic signals for a five year period as warrants would be evaluated on an annual basis. The obligation could be transferred to a successor in title with the Commission's approval. Mr. Bressner did not want the responsibility for the traffic signals to fall to the taxpayers. He suggested the issue be added as a condition of approval. Mr. Norris agreed the issue was already addressed with NOPC #12. The applicant was willing to be obligated to provide the signal; however, they felt the appropriate time for the bond would be the application for site plan approval. Mr. Livergood responded a guarantee should be required that when the need arises the signals would be constructed. Typically the surety is a letter of credit for the guarantee. The question would be equity and the responsibility should rest with the developer or the individual builder. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 06-075. Commissioner Ferguson seconded the motion. Mayor Taylor opened the issue for public hearing. Glen Jergensen, President of the Boynton Beach Chamber of Commerce, read a letter from the Board of Directors of the Chamber of Commerce, sent to the Commission, a copy of which is on file in the City Clerk's office. The letter agreed with staff's recommendation to deny the two applications. Commissioner Ferguson requested a tabulation of the voting on the motion relating to the content of the letter and Mr. Jergensen responded he would supply the information. Commissioner McCray asked how many businesses were members of the Chamber of Commerce and Mr. Jergensen replied the Chamber had 695 businesses in the greater Boynton area. Warren Timm, 130 NE 126th Avenue, referred to the Palm Beach County Industrial Land Use Needs study that indicated industrial uses generate fiscal revenues while residential uses create fiscal deficits. He suggested members of the Commission and the Planning and 18 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Development Board interview industries built in other cities to find out the reason industries do not come to Boynton Beach. No one else coming forward, Mayor Taylor closed the public hearing. Mr. Norris stressed the request was for mixed use that included retail/commercial plus residential. The need and demand for true industrial manufacturing use no longer exists according to Mr. Norris. Of the 1.5M square feet for industrial the current use is 1.2M square feet of warehousing and distribution. The proposed change would not eliminate those uses. Commissioner Ensler commented the issue should be the location of industrial land and rezoning so industrial uses are not along the main arteries into the City. Brian Miller, 2515 NE 2nd Ct., related some area residents feel the urbanization of Quantum Park was out of hand. He recalled Gateway was never meant to be a major thoroughfare and yet the traffic had become horrendous. Mr. Miller suggested the widening of the intersection at Gateway and Seacrest should be considered. Sergio Casaine, 13 Meadows Park Lane, agreed with Commissioner Ensler that all of south Florida is not an industrial area or even light industrial because there is no manufacturing. He purported retail and commercial space would be gained along with the opportunity for workforce housing. Herb Suss, Quail Run, inquired how much effort was being made to attract businesses to Boynton Beach such as the biotech firms to be part of the mixed use. James "Buck" Buchanan, 807 Ocean Inlet Drive, believed the need for industrial land has changed in Quantum Park and the opportunities for industrial space were lost. The basis for the requested change was for transit-oriented housing and workforce housing, yet the proposed ordinance addressed neither of those elements. He urged the Commission to vote down the proposed ordinance and create a new ordinance with specific detail encompassing the traffic signals and housing issues, so it would all be in writing for future reference. Ross Silvario, 10 Velaire Drive, indicated efforts were being made to encourage businesses to come to Boynton Beach and many places are available. Businesses are looking for space and he felt that was what the City had been attempting to do; not take away land for commercial use and change it to residential and restaurants. The proposed ordinance would take more land away in his view. Mayor Taylor again closed the public audience. Mayor Taylor reiterated he would not support the change and would never vote to give away the City's industrial land of which little is left in Boynton Beach. He stressed workforce housing is not involved in the request, rather 800 market priced homes. 19 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-075. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 4-1. (Mayor Tay/or dissenting) Motion Commissioner Ferguson moved to approve item XII.2.a. Commissioner McCray seconded the motion. The motion passed 4-1. (Mayor Tay/or dissenting) B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-077 RE: Amending the City of Boynton Beach Code of Ordinances and creating a new tiered rate structure for residential Solid Waste collection rates. Attorney Tolces read Proposed Ordinance No. 06-077 by title only. Commissioner McCray requested clarification on the reason for the increase from $.50 to $1. Mr. Livergood advised the two components were $1 per month for three years to build reserves and the second component would begin in 07/08 to raise the rates by $.50 per month to accommodate normal inflationary costs. The rates would then be re-evaluated in three years. He pointed out the three years would give a $1.2M security for the hurricane fund. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-077. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None 20 Meeting Minutes Regular City Commission Boynton Beach, FL August 15, 2006 XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:44 p.m. CITY OF BOYNTON BEACH Mayor - Jerry Taylor Vice Mayor - Carl McKoy ATTEST: Commissioner - Robert Ensler Janet M. Prainitot CMC City Clerk Commissioner - Mack McCray Judith A. Pyle Deputy City Clerk (081706) Commissioner - Muir C. Ferguson 21 VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\. 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 August I, 2006 July 17, 2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) D August IS, 2006 July 31,2006 (Noon) D October 17, 2006 October 2,2006 (Noon) [gJ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21,2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT", Bid # 047-1412-06/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated expenditure of $33.000.00. CONTRACT PERIOD: SEPTEMBER 07,2006 TO SEPTEMBER 06,2007. EXPLANATION: On July 12,2006, Procurement Services opened (6) six bids. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on price, availability and delivery time. In addition to proposing the lowest prices, a catalog discount was offered from several companies for overall discount pricing. Mike Dauta (Warehouse Manager) concurs with this recommendation per attached memo. The provision of this bid will allow for a (1) one year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to establish a source of supply for the purchase of safety clothing and equipment. Safety Clothing and Equipment will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse for the use of various departments within the City. FISCAL IMP ACT: BUDGET ACCOUNT NUMBER WAREHOUSE 502-0000-141-00 -00 ESTIMATED ANNUAL EXPENDITURE $33,000.00 FISCAL YEAR 2004-2005 -$32,000.00 ALTERNATIVE: Not to purchase Safety Clothing and Equipment would be in non compliance of OSHA Rules and Regulations. S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ The City of Boynton Beach RECEIVEf' JUL 3 1 2006 PROC~ER\fICES Finance Department WAREHOUSE DIVISION TO: Bobby Jenkins, Assistant Director of Finance Michael Dauta, Assistant Warehouse Manager ~~- FROM: DA TE: 7/28/2006 SUBJECT: Safety Bid # 047-1412-06/JA I reviewed the tabulation sheet sent from your office. My recommendation is a multi- award to overall low vendor. The evaluating factors used were A) Brand name; B) Warehouse processing time C) Samples received from vendors. Last year's expenditures were $32,000. The next year's' expenditures will be an estimated $33,000. Ever Readv First Aid Lines 18,20,21,24,31,41 MSC Manhattan Supply Lines 1,4,5,6, 7, 8, 11, 12, 14, 16, 19,29 ,..'-'"__""',,,..\., '. ,,,:"\-4,,., Ritz Safety Lines 9, 10, 17,26,30,35,36,39,40 Safety Zone Specialist Lines 27,38 Stauffer Glove & Safety Lines 3, 13, 15,22,23,28,32';"33,37 Safety & Boot Center Lines 2, 25, 34, In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. 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(/) .0 ell I- Ol c :.c - o (3 >- Q) - ell (/) CO ::J C C <( VI.-CONSENT AGENDA ITEM B.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 D August], 2006 Ju]y ]7,2006 (Noon.) D October 3, 2006 September ]8,2006 (Noon) D August ]5,2006 Ju]y 3],2006 (Noon) D October] 7, 2006 October 2, 2006 (Noon) ~ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October] 6, 2006 (Noon) D September] 9,2006 September 5, 2006 (Noon) D November 2], 2006 November 6, 2006 (Noon) " "- NATURE OF AGENDA ITEM D D ~ D D Announcements/Presentations Administrative D D D D D ~:'-" City Manager's Report New Business "' ;:;'J ,) "=:rrJ '" )> , 'C) RECOMMENDATION: A motion to award a contract for "IMPLEMENTATION OF THE M-l ZONING DISTRItT STUDY FOR THE CITY OF BOYNTON BEACH, FLORIDA" (RFP # 055-2414-06/JA) to CALVIN, GIORDANO & ASSOCIATES, INC. ofFt. Lauderdale, Florida, in the amount of $24.930.00. Consent Agenda Code Compliance & Legal Settlements Public Hearing Legal Unfinished Business ""c.... EXPLANATION: The City Commission, in February 2006, accepted the zoning district study prepared by Michele Mellgren & Associates, Inc. This study included recommendations that address the preservation of industrial lands, alternative zoning options for industrial uses, currently demanded industrial land uses, compatibility with roadway corridors and adjacent neighborhoods, and non-conforming site characteristics. Consistent with the required competitive bid process, the city subsequently issued an RFP for consultants interested in preparing the code amendments as recommended in the study. The scope of the RFP was based on the recommendations from the Mellgren study. On July 25,2006, Procurement Services opened and tabulated four (4) proposals to our RFP "IMPLEMENTATION OF THE M-l ZONING DISTRICT STUDY FOR THE CITY OF BOYNTON BEACH, FLORIDA". Proposals were received from the following firms: 1) Calvin, Giordano & Associates, Inc. 2) Land Design Innovations, Inc. 3) Michele Mellgren & Associates, Inc. 4) Land Design South Staff reviewed the proposals and ranked them based, in part, on project cost, applicable experience, project scope and deliverables, and time required to complete the project. Except for Michel Mellgren & Associates, Inc (MMA), each of the other three consultants submitted proposals at or near $25,000.00. Although documenting the most relevant code experience, Mellgren's unique proposal described the completion of all ten tasks within two separate phases totaling $49,700.00. With an emphasis on experience and project deliverables, staff ranked the remaining candidates as follows: #l-Calvin, Giordano & Associates, Inc. (CGA); #2-Land Design Innovations, Inc. (LDI); and #3-Land Design South (LDS). The preferred firm, CGA, which estimates total project cost to be just $55.00 more than the lowest estimate from LDI, included the most details in its scope of services including presentations of products to the City, and included a detailed timeline. Also noteworthy is the staggered timing that draft code amendments would be prepared by CGA, thereby allowing incremental review by staff weeks prior to completion of the project. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Staff has contacted three of the references listed by CGA and received supportive feedback regarding comparable_wrk and performance from two of the sources. The third source generated the only negative feedback, which was apparently'arlribut~~k to project management. However, project management was changed, which lead to successful adoption of a mastefJ11an iaCi: new zoning district. Staff confirmed that CGA has completed entire zoning and LDRs for local governments, the regulation~= have been adopted, and the firm has been retained for subsequent consulting and/or zoning administration by two of the three cities contacted. PROGRAM IMP ACT: The City of Boynton Beach is seeking Professional Planning Services to prepare code amendments in accordance with recommendations of the M-l Zoning District Study. FISCAL IMPACT: ACCOUNT NUMBER 001-2414-515-49-17 BUDGETED AMOUNT $24,930.00 ALTERNATIVES: 1. Based on the Commission's original preference for Michele Mellgren & Associates, Inc, which was due to satisfaction with the product and familiarity with the city regulations, their proposal could be considered. However, the price was almost double any of the other three proposals and would require additional project funding over the existing budgeted funds, or the completion of the project in phases as proposed by Mellgren, timed with the availability of funding. 2. Allow the development of the industrial land as currently regulated by the City and not select a consultant for this implementation stage ~ City Manager's Signature Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 RESOLUTION NO. R06- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING THE A WARD OF A 7 CONTRACT FOR "IMPLEMENTATION OF THE M- 8 1 ZONING DISTRICT STUDY FOR THE CITY OF 9 BOYNTON BEACH, FLORIDA", TO CALVIN, 10 GIORDANO & ASSOCIATES, INC., IN THE 11 AMOUNT OF $24,930.00; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on July 25, 2006, Procurement Services opened and tabulated four 15 (4) proposals to the RFP #055-2414-06/JA for "Implementation of the M-I Zoning 16 District Study for the City of Boynton Beach, Florida"; and 17 WHEREAS, after review and evaluation it has been determined appropriate by 18 staff to recommend award of this RFP to Calvin, Giordano & Associates, Inc., of Fort 19 Lauderdale, Florida whose RFP was the most responsive responsible proposer that met all 20 the criteria; and 21 WHEREAS, upon recommendation of staff, the City Commission of the City of 22 Boynton Beach does hereby approve the award of RFP #055-2414-06/JA to Calvin, 23 Giordano & Associates, Inc., of Fort Lauderdale, Florida. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, S:\CA\RESO\Agreements\Bid Awards\Award of RFP - M-1 Study Calvin Giordano.doc 1 hereby approves the award of a contract for Implementation of the M-l Zoning District 2 Study for the City of Boynton Beach, Florida" to Calvin, Giordano & Associates, Inc., of 3 Fort Lauderdale, Florida, in the amount of $24,930.00. 4 Section 3. That the City Manager is hereby directed to execute a Contract 5 between the City of Boynton Beach and Calvin, Giordano & Associates, Inc., a copy of 6 which is attached hereto. 7 Section 4. That this Resolution shall become effective immediately. 8 9 PASSED AND ADOPTED this day of September, 2006. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 City Clerk 31 32 (Corporate Seal) 33 34 35 36 CITY OF BOYNTON BEACH Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CA\RESO\Agreements\Bid Awards\Award of RFP - M-1 Study Calvin Giordano.doc A TT ACHMENT B CONSULTANT AGREEMENT FOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CALVIN, GIORDANO & ASSOCIATES, INC. , hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform services in connection with the project designated "Implementation of the M-l Zonine District Study For the City of Boynton Beach, Florida" 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required to develop recommendations and timetable for implementation. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $24,930.00 without express written modification ofthe agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA - 1 5. 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 permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing 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. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless 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. 8. 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 $1 ,000,000. 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. 9. 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. 10. 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. CA-2 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. 11. DISCRIMINATION PROHlBITED. The Consultant, with regard to the work performed 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. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. 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. 14. TERMINATION. a. The City reserves the right to terminate 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 terms 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. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. 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: CALVIN, GIORDANO & ASSOCIATES, INC 1800 ELLER DRIVE, STE 600 FT. LAUDERDALE, FLORIDA 33316 CA- 3 17. 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 Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest! Authenticated: Office of the City Attorney Secretary Rev. 1/22/9] CA-4 EXHIBIT "A" & "B" Scope of Services: Task 1. Draft amendments to existing Pill district regulations to prohibit further residential and community facility uses within the zoning district. Prepare regulations in ordinance form. $2.493.00 TOTAL COST Task 2. Propose amendments to the comprehensive plan to prohibit conversion of industrial land to non-industrial uses. $1,247.00 TOTAL COST Task 3. Create a new zoning district or propose amendments to the regulations to allow a combination of compatible commercial and industrial land uses. The new district would focus on "modern" industrial uses and would be limited to flex space (space that can be used for industrial and limited retail, and office uses or light commercial appearance in the front with dock-high loading in the back), high tech, commerce parks, and research and development. $2,742.00 TOTAL COST Task 4. Expand existing M-l, Pill, C-3 and C-4 districts to include the uses, standards and regulations that result from the completion of Task 3. $1,745.00 TOTAL COST Task 5. Evaluate and identify opportunities to expand the amount of available industrial land, namely the rezoning of residential land in marginal condition and with industrial locational characteristics; proximate to the railroad or other industrial land. $3,240.00 TOTAL COST CA-5 Task 6. Prepare amendments to development standards for the M-I district to increase minimum parcel size (along with an explanation for the minimum size selected and anticipated impacts upon built imprints); to increase setbacks between M-I and other zoning districts; and strengthen corresponding buffering, screening and separations landscape provisions. TASK 7. Prepare amendments to the M-I district applicable to locations that abut arterial roadways to address corridor aesthetics, landscaping use, and design provisions. Uses, allowed will be limited, in part, to those uses described under Task 3 above. TASK 8. Prepare amendments to the M-I district, relative to prohibited uses, distances separations, buffering, etc., to maximize compatibility with adjacent residential neighborhoods. TASK 9. Prepare regulations that require appropriate review and mitigation of traffic impacts upon effected residential area. Task 10. Review LDRs for weaknesses in nonconforming provisions relative to parking, landscaping, buffering, signs, etc. Draft appropriate amendments to the LDRs. CA-6 $2,991.00 TOTAL COST $1,746.00 TOTAL COST $2,493.00 TOTAL COST $1,746.00 TOTAL COST $4,487.00 TOTAL COST $24,930.00 LUMP SUM -FOR TOTAL PROJECT DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 06-157 RECF"/ED AUG 1 0 2006 PROCUR~b" '~~~' FROM: Bobby Jenkins Assistant Finance Dt1\'rec Quintus Greene Development Direct .~ Michael Rum~~\ Planning & Zoning Director August 10,2006 Implementation of M-1 Zoning District Study- Overview of proposals and staff recommendation TO: THROUGH: DATE: RE: In response to the City's Request for Proposals (RFP) for consultants interested in preparing code and plan amendments as recommended by the above-referenced study, four (4) proposals were received. Staff has reviewed these proposals and summarizes the findings and provides a recommendation for selection herein. The City Commission, in February of this year, accepted the zoning district study prepared by Michele Mellgren & Associates, Inc. This study included recommendations that address the preservation of industrial lands, alternative zoning options for industrial uses, currently demanded industrial land uses, compatibility with roadway corridors and adjacent neighborhoods, and non-conforming site characteristics. Consistent with the required competitive bid process, the city subsequently issued a RFP for consultants interested in preparing the code amendments as recommended in the study. The scope of the RFP was based on the recommendations from the Mellgren study. Proposals were received from the following firms: 1) Calvin, Giordano & Associates, Inc.; 2) Land Design Innovations, Inc.; 3) Michele Mellgren & Associates, Inc.; and 4) Land Design South Staff reviewed the proposals and ranked them based, in part, on project cost, applicable experience, project scope and deliverables, and time required to complete the project. Except for Michele Mellgren & Associates, Inc. (MMA), each of the other three consultants submitted proposals at or near $25,000. Although documenting the most relevant code experience, Mellgren's unique proposal described the completion of all ten tasks within two separate phases totaling $49,700. With an emphasis on experience and project deliverables, staff ranked the remaining candidates as follows: #1 - Calvin, Giordano & Associates, Inc. (CGA); #2 - Land Design Innovations, Inc.(LDI); and #3- Land design South (LDS). The preferred firm, CGA, estimates total project cost to be just $55 more than the lowest estimate from LDI, included the most details in its scope of services including presentations of products to the City, and included a detailed timeline. Also noteworthy is the staggered timing that draft code amendments would be prepared by CGA, thereby allowing incremental review by staff weeks prior to completion of the project. Staff has contacted three of the references listed by CGA and received supportive feedback regarding comparable work and performance from two of the sources. The third source generated the only negative feedback, which was apparently attributed to project management. However, project management was changed which lead to successful adoption of a master plan and new zoning district. Staff confirmed that CGA has completed entire zoning and LDRs for local governments, the regulations have been adopted, and the firm has been retained for subsequent consulting and/or zoning administration by two of the three cities contacted. As for alternatives and the Commission's original preference for Michele Mellgren & Associates, due to satisfaction with the product and familiarity with city regulations, to consider this firm is an alternative; however, this would require additional project funding, or the completion of the project in phases as proposed by Mellgren, timed with the availability of funding. The last alternative would be to not select a consultant for this implementation stage, and allow the development of the industrial lands as currently regulated by the city. MR S:\Planning\SHARED\WP\SPECPROJ\Zoning in Progress\NOI 2005-0.1 M-1\Consultants for implementation - Jenkins.doc -Ie -Ie -Ie -Ie IZl Z o H H <tl u H rz.. 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W 0 0- 0- ~- 0- u::Z -~ ::2: 0 w::2: 0...::2: ....!..::2: .::2: z- ll.o::: ::2: Z :::CCD OCD I-CD ZCD O~ Zo W O:::l O::::::l Z:::l O:::l 8:s: 0 > (/)(/) Q.(/) <((/) Z(/) OCD 0 <( o 0:: o ....J ll. :::c o <( w CD Z o I- Z >- o CD ll. o ~ <3 w :::c I- 0::: o ll. >- o :::l l- (/) I- o 0:: l- (/) o (9 Z Z o N .,... ~ w :::c l- ll. o Z o f= ~ Z w ::2: w ....J Q. ::2: Q. ll. 0::: N I- W W :::c (/) QUALIFIER ACKNOWLEDGEMENT submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): JULY 03, 2006 RFP Title: "IMPLEMENTATION OF TIlE M-1 ZONING DISTRICT STUDY" FOR TIlER CITY OF BOYNTON BEACH, FLORIDA RFP Number: 055-2414-06/JA RFP Received By: JULY 25, 2006, 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: JULY 25. 2006. 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: Calvin. Giordano & Associates. Inc. Federal LD. Number: 65-0013869 A Corporation of the State of: Florida Area Code: (954) Telephone Number: 921-7781 Area Code: (954) FAX Number: 921-8807 Mailing Address: 1800 Eller Drive. Suite 600 City/State/Zip: Fort Lauderdale. Florida 33316 Vendor Mailing Date: Julv 24. 2006 ~!jo~ & (',Iv: Qf' Authorized Sign e Shelley Eichner. AICP. Vice President Name Typed QC Tms PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONlSDERED COMPLETE AND ACCEPTABLE STATEMENT OF QUALIFICATIONS Each qualifier 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 RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: Calvin. Giordano & Associates. Inc. 2. Business Address: 1800 Eller Drive. Suite 600. Fort Lauderdale. Florida 33316 3. When Organized: Established in 1937 as M.E. Berrv & Associates. the tlrm was incoroorated in 1985 as Berry and Calvin in 1985 and chaneed its name in 1997 to Calvin. Giordano & Associates. Inc. 4. Where Incorporated: Florida 5. How many years have you been engaged in business under the present firm name? 9 years 6. General character of work performed by your company. Established in 1937. Calvin. Giordano & Associates. Inc. orovides a broad ranee of in-house services includine Plannine and Plattine. Municioal Eneineerine. RoadwavlHiehwav Desien. Land Develooment. Civil Site Desien. Survevine & Maooine. Transoortation Plannine & Eneineerine. Landscaoe Architecture. Geoeraohic Information Systems. Permittine and Construction Manaeement 7. Enclose evidence of possession of required licenses and/or business permits. Attached Licenses include: Eneineerine - EB-00000514: Survevine - LB-006791: Landscaoe Architecture - LC-0000339 8. Number of employees. 175 9. Background and experience of principal members of your personnel, including officers. * Refer to Section 4 10. Bonding capacity. Not aoolicable 11. Have you ever defaulted on a contract? If so, where and why?* No Tms PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONISDERED COMPLETE AND ACCEPTABLE STATEMENT OF QUALIFICATIONS CONTINUED... 12. Experience in performance of work similar in importance to this project. Prolect City of Weston -Zoning Code Development City of Sunny Isles Beach - Town Center Zoning District City of Hollywood - CRA Zoning Regulations City of Miami Gardens Town Center Conceptual Master Plan $ Value N/A Contact Name Denise Barrett, Dir. of Communications Jorge Vera, Assistant City Manager Jaye Epstein, Planning Director Jay Marder, Development Services Director Phone # $81,292 $50,000 $51,000 (954) 385-2000 (305) 947-0606 (954) 921-3471 (305) 622-8025 13. Contracts on hand. * Attached 14. Largest completed projects (include final cost). 1) Diolomat Resort Hotel Comolex. Hallandale Beach: Project Value - $800 million (construction) 2) Pembroke Falls Develooment: Project Value - $100 million (construction) 3) Hallandale Beach Boulevard. Brid2e Reolacement: Project Value - $63 million (construction) 4) Weston - Water Distribution & Wastewater Collection System Exoansion: Project Value _ $5.7 million 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: * N/A 2) occurred within the last 4 years: * N/A 3) provide case number and style: * N/A Dated at: this 24th day of Julv By: K'JkLI~~'c~r ./ (wri n signature) Name: Shelley Eichner. AICP (printed or typed) Title: Vice President 20~ c Tms PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONISDERED COMPLETE AND ACCEPTABLE Q Calvin, Giordano & Associates, Inc. M,aJor Work Presently Under Contract Town of Davie · South Water Treatment Plant Expansion · North Water Treatment Plan Rehabilitation City of Weston · Geographical Information Systems (GIS) Services · Consumptive Use Permit · Regional Park · General Planning Services · Planning and Zoning Services · Landscape Inspection and Zoning Services · Mitigation Monitoring · Public Works Fuel Storage · Site Engineering Memorial Hospital West · Environmental Services · Memorial Hospital Regional ER Expansion City of Pembroke Pines · Water Use Permit · 1 96th Avenue Park - Surveying and Landscape Architecture Services · Wastewater Treatment Plant Improvements Trafalgar Associates · Sheridan Beach Club, Phase III - Wells Analysis Archdiocese of Miami · Blessed John XXIII Parish - Platting · Catholic Cemetery - Our Lady of Mercy Phase VII Engineering and Surveying Services · Catholic Cemetery - Our Lady Queen of Heaven Engineering and Surveying Services South Broward Drainage District · Basin S-9/S-l0 Culvert Mod Jim Carr Private Development · Weiss East Due Diligence - Pembroke Center · Miramar DR! Site · Emerald Dunes Vista · Aqua Isles Due Diligence Florida Department of Transportation (FDOT) · 1-595/ Eller Drive Ramp to Southbound US-l · 1-95 Resurfacing - CEI Services · Boca Raton 1-95 Noise Wall · DR! Reviews · Pembroke Road Corridor Calvin, Giordano g Associates, Inc. "_-~__~""'-";",..~,.",..".,,,..,,, """~"."""'C"'~.'""""'" Major Work Presently Under Contract c Florida Power & Light (FPL) Company · Miscellaneous Surveying Services Fort Pierce . Comprehensive Plan Hardrives ofDelray, Inc. · FDOT 1-95 Design-Build RRR Haskell Company · Pines Health Park Senior Residential Community, Phase I Indian Trace Community Development District · Facilities Report & Stormwater Master PIan · Annual Landscape Inspections · Weston Residential Projects Representative Services · Weston Environmental Maintenance Services Kobi Karp · Ocean Hacienda The Vue Design - Engineering Services Lane Investment & Development Corporation · La Piazza II City of Mirarnar · GIS Utilities & Data Conversion · General Planning Services · Red Road Median Planting North Lauderdale · Comprehensive Professional Services Hollywood Grande · Dolphin Resort Pembroke Lakes Square, LLC · Pines Hiatus Home Depot RAM Development Company · Miramar DR! Site St. Lucie County · Midway Road PD&E Study Stiles Development Co. · Pines Lake Center - Engineering, Surveying, Landscape Architecture and Construction Administration Services · Pines Boulevard at Flamingo Road- Engineering, Surveying, Landscape Architecture and Construction Administration Services Calvin, Giordano & Associates, Inc. ..._._=-_""..~_"""",.,_o"""",...,"".,,,,,,,,,,,",,;,,,,,.,~ Major Work Presently lJnder Contract City of Sunny Isles Beach · Geographic Information Systems (GIS) Services · Capital Improvements Program · General Planning Services TW Acquisition, Inc. · Diplomat Condo Civil Engineering Design Services · N. Hutchinson Island Site Trammell Crow Residential · Miramar DR! Site The Cornerstone Group · Dixie Condominiums Phase I Westbrooke Homes · Miscellaneous Surveying Services for Cimarron · Merrick Preserve Environmental Services · Quantum Village Site PIan · Cobblestone · Congress Avenue Townhomes )0 QC ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS #65-0013869 I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ~A(2f/~5{kr- / NAME-S GNATURE Sworn and subscribed before me this 24th day of Julv, 20~. Printed Information: Shelley Eichner. AICP NAME Lorna Newt NOTARY at Large Vice President TITLE "'"'''''' LORNA S. NEWTON ...,' ~y ,.([.{:~ l~m. ~'i\Notary PublIc - State of FIoIIcIa ~. . '~Canml.o"ElcpRs~3,2007 \~1. ill Commission # 00199496 '" ,Rr.t."{."" Bonded By Na1Ia1aI Notary Assn. Calvin. Giordano & Associates. Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP QO THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONISDERED COMPLETE AND ACCEPTABLE NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER State of Florida ) : SS #65-0013869 ) County of Palm Beach Shelley Eichner. AICP that: , being first duly sworn, deposes and says 1) She is Vice President (Title) has submitted the attached RFP: of Calvin. Giordano & Associates. Inc. (Name of Corporation or Firm) , the qualifier that 2) She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier 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 qualifier; firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding 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 qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, 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 ,,""~~"I..., LORNA S. NEWTON _."Io!!: '\Nofary PubIJc - state of Florida . ~CaIl"'lIIIIoll ExpNsApr3. 2007 \~1. . Commission # 00199496 , · Notary Assn. (Signed) ~?' .I ,(Q ~ r.itA 0/ / Shelley E' hner, AICP ~ 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Title) Vice President d sworn to before me day of Julv ,2006 . My commission expires A IO~ 3 d{}l) 7 \ f QC THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONISDERED COMPLETE AND ACCEPTABLE ~ 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 submittal sheet making it an official part of your RFP response. to.. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER Calvin. Giordano & Associates. Inc. is an Emolovee-owned corooration (specify) C)o you possess a Certification qualifying your business as a "Minority Owned Business"? 00 YES NO x f YES, name the Organization from which this certification was obtained and date: ~/A ssuing Organization for Certification UA late of Certification TmS PAGE TO BE SUBMITTED ALONG WIm RESPONSE IN ORDER FOR PACKAGE TO BE CONISDERED COMPLETE AND ACCEPTABLE ~ CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals 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 submittal 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 submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. QO 3) Give each employee engaged in providing the commodities or contractual services that are under submittal 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 submittal, the employee will abide by the terms of the statement and will notifY the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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 tlrm complies fully with the above requirements. ~'&cw.;./" ./ Vendor's S gnature Shelley Eichner. AICP Name Vice President Title Tms PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONISDERED COMPLETE AND ACCEPTABLE r-- u e:; ~ < A.. ~ r:/1 ~ 0 E-< ~ ~ ~ ~ 0 == ~ ~ u < e= ...... riIil U ~ = ~ 0 z ~ p... 0 ~ ~ ~ ~ I ~ 0 = ~ ~ I ...... ~ ~ ~ ~ u ~ s::: ~ ~ ~ ~ ~ ~ A.. 0 -. ~ r:/1 ~ s: riIil 0 ~ ;B 00 E-< ..... 00 i u ~ (1) 00 ~ '-' ~ c.l ~ 5 u = ~ ~ ~ ;>< u ~ ~ ~ 0 E-i 00 ~ ~ ~ -. ~ .... ~ r:/1 CJ 0 ~ ~ Q ~ ~ ~ ~ ~ < ~ 0 ~ ~ 0 N Q i5 = c:; ..... ~ -. E-i 25 ~ "C rf) ... '-' U E-< Q ~ ~ r:/1 ~ (3 ,...., .....:l E-i = ~ ~ '> p... 0 -; r:/1 U ~ Z U ~ ~ 0 -. ~ C"l r:/1 ~ '-' ~ c:l ~ 0 < ~ ~ ~ U riIil ~ Z < S ~ .....:l = ~ I ~ ~ i ~ -. ...... ~ ..... p::: '-' ~ r:/1 . M 0 00 u oZ I i ~ III 00 r--55 III ~ ~~ = E-< ~ ~ r:/1~ ~ t: u 0 c:lp:: r-- ~ ~ ~ p... p... 80 ~ ~ ~~ * ~~ ;:RO o E-< ~~ 8~ '<:t 0 Z @ ~ ~ ~ l/l U '<:t CI) >< ~ ~ ;>. ~ ]~ ~ (1) 0 (1)- E-< l/l (1) '-' .D * r:/1 '<:tz ~ E-< l/l r:/1 '<:t~ 0 r--c:l ~~ 00 ~~ O~ ~p... ~~ E-< ~ ~~ ~o A..t) ~~ r:/1~ ~o ~u __@5 ~r:/1 ~ < z ~ o fJol ~r-l r-l~ ~~ oS: ~t1 r-lU 00< ~~ ~~ ~~ ~~ CO ZU O~ :;!~ ~~ r-loo ~z "'0 ~U ~r-l oo~ r-l0 ~~ 0t5 ~~ Cu << ~~ ~ oe SWORN STATEMENT UNDER SECTION 287.133(3)(A). FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES (To be signed in the presence of notary public or other officer authorized to administer oaths) DESCRIPTION OF CONTRACT: "Implementation of the M-1 Zoning District Study" for the City of Boynton Beach STATE OF Florida COUNTY OF Palm Beach Before me, the undersigned authority, personally appeared Shelley Eichner. AICP - Vice President who, being by me first duly sworn, made the following statement: 1. The business address of Calvin. Giordano & Associates. Inc. (name or bidder or contractor) is 1800 Eller Drive. Suite 600. Fort Lauderdale. Florida 33316 (relationship such as sole proprietor, partner, president, vice president) (Draw a line through paragraph 5 if paragraph 6 below applies) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1) (g), FLORIDA STATUTES, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), FLORIDA STATUTES, means a finding of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" is defined by the statute to mean (1) a predecessor or successor ofa person convicted of a public entity crime; or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months. 5. N~ither the bidder or contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. QC 6. There has Be0fl a eeRvietioo ef a fl\:lBlie eatity erime BY the Bidder er eeRtraeter er llfl effieer direetar ::; ;.mcr, oharehelllcr, _ley"., RHlRl\lcr or .goB! ef Iho \li<l<ler '''' .-.."" or llB afflliot. ef t-~----yoo-r-_r ar eeRtFaetar. .\ aeteffiHRa-tioo has BeeR mase fl\:l:fSt:HlRt te SeetteR 2g7.133(3) BY erael' ef the =~ at: .\~strati'le HeRriage ta,at it is Ret in. the fl\:lBlie iBterest feT the aame af the eeRyietes E!lrtrc:n-.- r affilIate ts ajJjJear all the eaIT'fl.et~~ '~Elsr lIst. . ~e ~ sf the eeB-'fietea pel'Bafl ~~ ~~:~~ ~G . .^. eapy af the effiei' ofthe Dn1.S1ell ef .^~Elmmletfati'/e HeariRgs is attaeaeEl te this statemeat. (Draw a line through paragraph 6 if paragraph 5 above applies) r ~~~lAAQ~ ,/ Signature - She ey Eichner, AICP July 25. 2006 Date Sworn and subscribed before me in the state and county first mentioned above on the ;;;-s ,2000 (affix seal) m'~'''~~i::'', LORNA S. NEWTON I . \Notary Public. State of Florida i' . ~Conv'nIs8Ion ElcphlsApr 3.2007 ~~ fi Commission # 00199496 "',,9f,t~. .' Bonded By NatIonal Notary Assn. My commission expires: ~ 3, .;:00 7 QC Calvin, Giordano ~ Associates, Inc. Certificate of Liability Insurance ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 E~ DATE (1III1/DDIYYYY) CALVI-2 02/16/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bro~ " Bro~, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. ~.uderdale FL 33310-5727 Phone: 954-776-2222 F.x:954-776-4446 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:. Hartford Fir. I~uranc. Co. 19682 INSURER B: Mat'l union Fir_ In.. Co. PA ... 19445 Calvin!1GiOrdanO , AsSO~InC. INSURER C 19410 A~~: . Julie Ciltgry CoaIIlerce. " Induetry In. Co.'" 1 0 E ler Drive 16535 Ft. ~auderdale FL ~g 16 INSURER 0: Zurich AIMIrican Ineur.nce CO INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONorrtON OF ANY CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TI-tE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'~~ :1rs'tJ TYPE OF INSURANCE POLICY NUIIIBER DAn; 11I11/0 DATE IIII11JD L1I11ITS ~NERAL LIAlIlLITY EACH OCCURRENCE $ 1,000,000 A -~ COMMERCIAL GENERAL LIABILITY 21UUNLK3645 01/01/06 01/01/07 PREMISES {Ea ClCCUf'8ncel $ 300,000 - =:J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000 - PERSONAL & ADV INJURY $ 1,000 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGRE~E LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 4 PRO- n EIIID Ben. 1.000 000 POLICY X JECT LOC ~TOIIIOBlLE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A ~ AAY AUTO 21UUNLK3645 01/01/06 01/01/07 (Ea accident) e--- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) e--- ~ HIRED AUTOS BOOIL Y INJURY $ ~ NON-QWNED AUTOS (Per accident) X Comp: $1,000 Oed PROPERTY DAMAGE $ X Coll: $1.000 Oed (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ R ANt AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUIIIBRELLA LIABILITY EACH OCCURRENCE $ 5.000,000 B ~ OCCUR 0 CLAIMS MADE EBU8851755REN 01/01/06 01/01/07 AGGREGATE $ 5.000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COIIIPENSATION AND X IT()R'Y'~IMWS I lu~r C EMPLOYERS' LIABILITY WC2955500 01/01/06 01/01/07 $ 1000000 AN( PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT QFFICERlMEMBER EXCLUDED? INC~UDES USL'H E.L. DISEASE - EA EMPLOYEE $ 1000000 ~~~:-=~s below E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER 0 Professional Liab EOC66915214 08/27/05 08/27/06 Per Cl.im $1,000,000 Oed: $100 000 RETRO : 8/1/1959 Aaa $2 000.000 DESCRlPOON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION PROPOSA SHOULD ANt OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Proposal Only NOncE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FALURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESEHTATNES. A~~~TIV~ ACORD 25 (2001108) @ACORD CORPORATION 1988 Boynton Beach, Florida lentation of the i\f-l Zoning District Study 155-2414-06/JA ~, 2006 Calvin, Giordano g Associates, Inc. ....,---"""""""'..,...",-.""'''.".'''',,,,.,.,,.,.'''._,.'.. >,.", , Corporate Certificate Iltpartmtttt of &tatr "_\:~,;g~~!~~:~g\~~(:g~:~.~g:':.'B~!f~:~!~:~~ ~.."'''''-~'1' iO,1,t l,/"t ;....;; . ,,-....t. ;'....~I. i........i. \'"~,:~~ 7tiY~ ~\~ ~i)~ .;~t. grIP -~~ Z~\) .~~ Qlj ~i'~ ~~ ~Llg ~.;.:~ i(l~ ~/",-'!' ~tatt of~tlOrfba I certify from the records of this office. . that CALVIN, GIORDANO & ASSOCIATES, INC. isa corporation organiz6d' 'under the laws of the State of Florida, filed on Junec27,1985. The document number of this corporation is M17373. I further certify that saId corporation has paid all fees. due this office through December 31, 2006, t~~tits most recent annual report/uniform business report was filed on January 20, 2006, and its status is active. I further certify that saidcqrporation has not filed Articles of Dissolution. Given unaer my hand and the GreatSeal.of the State of Florida at Tallahassee, the Capitol, this the Twentieth day of January, 2006 CR2E022 (01-06) 5~ ~. c.~j, ,~U~~. 'tirohb .~ecret;rll of.~tlttl' 'Boynton Beach, Florida ',entation of the A-f-l Zoning District Study 055-2414-06/JA ;, 2006 .... Calvin, Giordano & Associates, Inc. Professional licenses ~nte-tOfJlflllriba ~~nf ::?1.l ,u,d;'":.:,,,/ urub/' /.If;, /"",,,,..'O/i,) n/: I'n a;. /UL#&r d;.c~ u. ~':';,UD/U7e&'?",' y,{. .W',.,hLI',.,;. I'n #, NIJU:'U"'PL/~?';"~Mre,; ..../"",h ~0'k, 471. .!Ylb"ua .'Ah/U/N. AUDIT NO.: 0507- 000951 CERTIFICATE OF AUTHORIZATION NUMBER: 514 EXPIRATION: 28-FEB-07 DISPLAY AS REQUIRED BY LAW STATE OF FLORIDA DEPARTMENT OF BUSINESS JUm PROF!!;SSIONAL REGULATION BOARD OF l?R01l' SURVEYORS & MAPPERS SEQ#L05010701155 LICENSE NBR 01 07 2005 040562877 LB6791 The SURVE'YING & MAPPING BUSINESS ,., Named be10w IS CERTII'IED';: ,>"; Under the provisions of Chapte.Pi'%~7i,;a",p$. Expiration date: PEB 28, 2007,~;',:,%'t;T~;' Ac#1817833 CALVIN, GIORPANO & ASSOCIATES, 1800 ELLER DRIVE SUITE 600 PORT LAUDERDALE FL 33316 JEB BUSH GOVERNOR DIANE CARR SECRETAR'Y DISPLAY AS REQUIRED BY LAW AC# STA EPf FLPRIDA DEPARTMENT OJ' BUSINESS Am> P~OtI:SSION~ REGULATION BOARD OF LANI>SCAPE'MCHITECTUll.E LICENSE NBR 481 1\'S. CAUVXN GIORDANO & ASSOCIATES INC laOO ELLER DRIVE SUIn 600 FT. LAUDERDALE FL 33316 J~BUSH GOVERNOR SIMONE MARSTILLER SECRETARY DISPLAY AS REQUIRED BY LAW 'loynton Beach, Florida rntation of the M-l Zoning District Study 55-2414-06/JA 2006 ~ ADDENDA CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "IMPLEMENTATION OF TIlE M-1 ZONING DISTRICT STUDY" FOR TIlER CITY OF BOYNTON BEACH, FLORIDA QUALIFIER: Calvin. Giordano & Associates. Inc. DATE SUBMITTED: Julv 25.2006 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE N/A QO TillS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONISDERED COMPLETE AND ACCEPTABLE CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLYl VI.-CONSENT AGENDA ITEM B.3 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 0 August!, 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) 0 August 15,2006 July 3 l, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) [8] September 6, 2006 August 14, 2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 ,;':; . ;.,!.; RECOMMENDATION: A motion to award the "TWO-YEAR CONTRACT FOR CUSTODIAL CLEANING SElRoYICESC': FOR FACILITIES" Bid # 042-2511-06/JA to First Genesis Lawn Services, Inc., of Boynton Beach, Florida, in the amount 'of' x $ 191,724.00 for each year of the two (2) year contract. EXPLANATION: On June 14,2006, Procurement Services opened and tabulated five (5) proposals. All proposals were reviewed and it was determined that for Areas B through H, First Genesis Lawn Services, Inc" was the lowest, most responsive, responsible bidder who met all specifications. The following areas were excluded: Area A (City Hall Complex), continues to be cleaned with in-house staff; Area 11 (East Water Treatment Plant) & Area 12 (Utilities Administration/Operations), continue contracting with RESPECT, a State recognized organization, employing the handicapped; and Area J1 (Mausoleum Chapel Area) and Area J2 (Cemetery Maintenance Building Office/Restroom), to be cleaned by the Parks Division Staff. EXTENSION PROVISION: The provisions of this bid award will allow for two (2) additional one (1) year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The intent of this bid is to obtain firm pricing for a two-year period for contractual custodial services for the City of Boynton Beach's various facilities. FISCAL IMP ACT: BUDGET ACCOUNT# 001-2511-51-034-10 ESTIMATED BUDGET $191, 724.00/Y ear AL TERNATIVES: The City could hire their own employees, but would result in paying more, and also the City would have to pay full benefits. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ ~. r~'-: .:- "-., Procurement Services Department Name Distribution: Paula LeBlanc - Facilities Management Supervisor Jeffrey R. Livergood - Director of Public Works Chris Roberts - Assistant Director of Public Works File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE AWARD OF BID NO. 042-2511- 6 06/JA), TWO YEAR CONTRACT FOR CUSTODIAL 7 SERVICES FOR CITY FACILITIES" FOR AREAS 8 "B" THROUGH "H" TO FIRST GENESIS LAWN 9 SERVICES, INC., FOR AN ESTIMATED ANNUAL 10 EXPENDITURE OF $191,724.00; AUTHORIZING 11 THE MAYOR TO EXECUTE SAID CONTRACT; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on June 14, 2006, Procurement Services received and tabulated five (5) 15 proposals, and it was determined that areas "B" through "H" be awarded for a two year 16 period to First Genesis Lawn Services, Inc., for an estimated annual expenditure of 17 $191,724.00. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 19 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23 24 approves the award, for a two year period, of areas "B" through "H" to, First Genesis Lawn 25 Services, Inc., for an estimated annual expenditure of $191,724.00, and authorizes the Mayor 26 0 execute the Agreement between the parties, a copy of which is attached hereto. 27 Section 3. That this Resolution shall become effective immediately. 28 :\CA\RESOlAgreements\Bid Awards\Bid Award -Custodial Services - First Genisis.doc 1 PASSED AND ADOPTED THIS _ day of September, 2006. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Carl McKoy 10 11 12 Commissioner - Robert Ensler 13 14 15 Commissioner - Mack McCray 16 17 18 Commissioner - Muir C. Ferguson 19 ATTEST: 20 21 22 23 City Clerk 24 25 26 (Corporate Seal) 27 28 29 30 31 32 S:\CA\RESO\Agreements\Bid Awards\Bid Award -Custodial Services - First Genisis.doc The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 Memo To: Paula Leblanc, Facilities Management Supervisor From: Bobby Jenkins, Asst. Director of FinancelProcurement ~ cc: Christine Roberts, Asst. Director of Public Works Date: August 3, 2006 Re: Two-Year Contract for Custodial Services - Bid #042-2511..()6/JA Procurement Services has reviewed the final tabulation sheets and has determined that First GenesisfTLB Maintenance Inc. (Owned by First Genesis Lawn & Maintenance) is the lowest, most responsive, responsible bidder who met all specifications. I have contacted three references listed by First Genesis (Hill York Corp., Buy The Square Yard & JL Unlimited Inc.) all three references were for cleaning services only and indicated that they were very pleased with the services rendered by First Genesis. I also am concerned about the dramatic difference in bid price between the first and the second lowest bid, but First Genesis like all bidders had the opportunity to walk through the locations to be cleaned and quote accordingly. As you noted in your memo dated July 25, 2006 it will be Facilities Managements responsibility to ensure contract compliance, however I will add specific language to the contract outlining in detail that the City expects full compliance with each and ever deliverable ask for in the bid proposal. If you have any further question or concems please contact my office. AGREEMENT FOR Revised 08/14/2006 TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and FIRST GENESIS LAWN SERVICES, INC. hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform custodial services in connection with the bid designated. TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES. Bid #042-2511-06/JA 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work required pursuant to this agreement by SEPTEMBER 30. 2008, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by contactor shall be made as provided on exhibit "A" attached hereto, provided that the total amount of payment to Contractor shall not exceed $ 13.487.00 per month, for Areas 'B' through 'H' only, without express written modification ofthe agreement signed by the City. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work as provided on Exhibit "A". The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made upon request. 5. COMPLIANCE WITH LAWS. Contractor shall, in performing 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. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any CA-I portion thereof, including attorneys fees and costs, ansmg from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 7. INSURANCE. The Contractor 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 $1,000,000 (see Attachment 'A"). 8. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor 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 Contractor nor any employee of Contractor 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 Contractor, or any employee of Contractor. 9. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, 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 Contractor, with regard to the work performed 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 Contractor 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. The City reserves the right to terminate this contract without cause effective thirty days from the date of the written notice. Liability of the bidder for any and all such violation(s) shall not be affected by any such termination and his surety as required by the bidding documents, shall be enforced for any additional cost incurred to complete the annual contract. CA-2 In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to this agreement, the surviving members of the Contractor hereby agree to complete the work under the terms 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 Contractor and the City, ifthe city so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 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 Attention: Paula Leblanc, Facilities Management Supervisor Notices to Contractor 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 Contractor 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 Contractor. DATED this _ day of 200 CITY OF BOYNTON BEACH FIRST GENESIS LAWN SERVICES. INC. Mayor Contractor Title Attest/Authenticated: (Corporate Seal) City Clt:<rk CA-3 Approved as to Form: Office of the City Attorney CA4 Attest/Authenticated: Secretary (~\ DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 06-079 TO: FROM: Bobby Jenkins, Assistant Director of Finance / PROCUREMENT Jeffrey R. Livergood, Director of Public Works ..: III Christine Roberts, Assistant Director of Public Works cR Paula J.leblanc, Facilities Management superviso~ July 25, 2006 THRU: DATE: RE: Two-Year Contract for Custodial Services - Bid #042-2511-06/JA I have reviewed the bid tabulation sheets and have found First Genesis Lawn Services, Inc. to be the lowest bidder for Areas B through H; the following areas were excluded. . Area A (City Hall Complex) - Continue to clean with in-house staff. · Area 11 (East Water Plant) & Area 12 (Utilities Administration/Operations) - To be contracting with RESPECT, a state recognized organization employing the handicap. · Area J1 (Mausoleum Chapel Area) and Area J2 (Cemetery Maintenance Building Office/Restroom) - To be cleaned by the Parks Division staff. As part of my review of the bid submitted by First Genesis Lawn Services, I did attempt on several occasions to contact the four references listed as part of their Bidder's Qualifications. The only references to respond to my phone call were both from Palm Beach County; one from Parks & Recreation and one from the Downtown Area. Both references have only contracted with First Genesis for lawn maintenance services. One of the references did acknowledge that he has contracted with the company's listed Staff & Building Manager, Tommy Brown (TLB Maintenance), for custodial services. It is important to note that First Genesis has not proved that they have the requisite corporate qualifications for custodial services, but I acknowledge that they have listed Mr. Brown as an employee. However, we can only hold First Genesis accountable for their performance as a company, not their employees. In other words, we would have no contractual relationship with the employees of First Genesis. Bobby Jenkins July 25, 2006 Page 2 I have also considered the $98,892 between the first and second lowest (U.S.S.I.) bidders for Areas B through H. When the low bidder is this much lower in price, I am concerned that the bidder may have missed something in the contract specifications. This, however, is an operational matter as it is the responsibility of Facilities Management to ensure contract compliance. Therefore, in evaluation and review of these issues, I must defer any award recommendation to you. I ask that Procurement ensure that First Genesis has complied with all requirements of the bid process, including specific evaluation of references. Should you determine that First Genesis is qualified to perform this work, then I will ensure that the quality of work complies with the bid specifications. The estimated expenditure for FY06/07 for this bid in Account #001-2511-519- 34.10 (Janitorial Services) is $191,724 as broken down below. Areas B -H Anticipated Areas to come on-line in FY06/07 Semi-Annual Deep Cleaning at Fire Stations (4) Carpet/Furniture Cleaning = $161,844 $4,880 $16,000 $9,000 = = = Should you need any additional information, please call me. Copy: Wally Majors, Recreation & Parks Jody Rivers, Recreation & Parks Tony Lombardi, Utilities Barbara Conboy, Utilities Tony Taylor, Facilities Management Crew Supervisor PW Files EXHIBIT IIAII PROPOSAL BLANK BID PORPOSAL TO THE CITY OF BOYNTON BEACH. FLORIDA To All Bidders: Date: ~ J 3) 2 j)tJ 6 The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service called for. This bid will be evaluated and awarded by location. The City reserves the ril!ht to split the award of this contract with enstinl! City custodial staff. if it is determined to be in the best interest of the City. The bidder is cautioned to ensure that the bid prices entered on the Schedule of Prices for each area reflects all work required. When submitting more than one bid proposal price fo~ this service, indicate how many individual and/or combination items(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the services for the "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES" in accordance with the specifications for the sum of: $.2e 99 ,/, t!J?J per month TO AL SUM FOR ALL AREAS SCHEDULE OF PRICES BY AREA A CITY HALL COMPLEX - 100 East Boynton Beach Blvd. City Hall and Chambers (24,853 sq. ft.) East Wing (14,981 sq. ft.) West Wing (17,652 sq. ft.) Parking Garage (53,347 sq. ft.) Police Station (19,896 sq. ft.) Fire Station #1 Admin. Office (2,784 sq. ft.) s6: s~dA B Cost for AREA A: 1913 Schoolhouse Musewn (8,000 sq. ft.) -129 E. Ocean Ave. 1913 Schoolhouse Museum Exhibits Code Enforcement Trailer (1,500 sq. ft.) - 125 E. Ocean Ave. Kid's Kingdom Restrooms (sq. ft. n/a) - 131 E'. Ocean Ave. Art Center (6,600 sq. ft.) - 125 S.E. 2nd Avenue Civic Center (9,770 sq. ft.) - 128 E. Ocean Avenue Library/New Section (30,000 sq. ft.) - 208 South Seacrest Blvd. Library - Mid Day Restroom Cleaning Madsen Center (6,600 sq. ft.) - 125 S.E. 2nd Avenue Cost for AREA B: SJr. / 77.fJ. 34 TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL C D E F G H 11&12 11 12 J1&J2 J1 J2 EXHIBIT RAR MANGROVE PARK RESTROOMS (475 sq. ft.) -700 NE 4th Avenue BOAT CLUB PARK COMPLEX - 2210 N. Federal Hwy. Clubhouse Building (2,084 sq. ft.) Restroom Building (558 sq. ft.) Guardhouse Building (691 sq. ft.) INTRACOASTAL PARK - 2240 N. Federal ~wy. Main Pavilion (#1) Restrooms (3,995 sq. ft.) Restroom Building (456 sq. ft.) Cost for AREA C: PUBLIC WORKS COMPLEX - 222 N.E. 9th Avenue PW#l - Administrative Areas & Restrooms (14,242 sq. ft.) PW#2 - Administrative Areas & Restrooms (11,058 sq. ft.) PW#3 - Administrative Areas & Restrooms (5,125 sq. ft.) HESTER PARK COMPLEX - 1901 N. Seacrest Blvd. Main Building (21,921 sq. ft.) OfficelRestroom Building (1,033 sq. ft.) Concession Building (685 sq. ft.) Press Box (xxx sq. ft.) Cost for AREA D: Barton Cemetery Restroom Building (200 sq. ft.) - N.W. 5th Street & 10 Ave. Galaxy Pk Restrooms (160 sq. ft.) - 461 W Boynton Bch Blvd. Palmetto Greens Park Restroom (238 sq. ft.)-42l NE 13th Ave Pioneer Canal Pk Restrooms (sq. ft. n/a) - 848.NW 13th Ave. Sara Sims Pk Off. & Restrms (600 sq. ft.) - 201 N.W. 9th Ave Cost for AREA E: City Hall/ Mall (1,600 sq. ft.) - 801 N. Congress Ave. Congress Ave Prk Club (1,596 sq. ft.) - 3111 S Congress Ave Fire Sta #3 Admin Areas (sq. ft. n/a) - 3501 N Congress Ave. Pistol Range Admin Areas (sq. ft. n/a)-35 0 1 N Congress Ave. Meadows Park Restrooms (740 sq. ft.)-4305 N Congress Ave. Cost for AREA F: $ Ave Little League Pk Restrooms (1,422 sq. ft.) - 360 SW 15 Pence Park Restrooms (sq. ft. n/a) - 400 SE 5th Avenue Senior Center - (3,000 sq. ft.) - 1012 S. Federal Hwy. Cost for AREA G: OCEANFRONT PARK COMPLEX - 6415 N. Ocean Blvd. Headquarters Building (468 sq. ft.) Men's Restroom Building (1,024 sq. ft.) Women's Restroom Building (1,024 sq. ft.) Cost for AREA H: ",."'* $9~,p~ /tJdJ)jJ $ 5' '/), IJ} $ 9j-"J,jJiJ EAST UTILITIES COMPLEX East Water PIt Offices (45,838 sq. ft.) - 1620 S Seacrest Blvd. Cost for AREA 11: Utilities Admin. 15,128 s . ft. - 124 E, Woolbri t Rd..Cost for AREA 12: BOYNTON MEM PRK COMPLEX - 1611 S. Seacrest Blvd. Mausoleum Chapel Area (4,362 sq. ft.) ..... .............. Cost for AREA J1: $ g $-.lJtJ Maint. BId OfficelRestroom 1,984 s . ft.) Cost for AREA J2: $ 7 It;',lJtJ f ~.99~7.,~ TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 35 ~1 EXHIBIT · ~ Add to Area B ANTICIPICATED AREAS TO COME ON LINE .TAN, 2007 - LIbrary (Old Renovated Section - 27,500 sq. ft.) - 208 South Seacrest Blvd. - Mon. - Sat. (6 dayslwk) with Mid Day Restroom Cleaning Additional Cost for AJ'ea B: OCT. 2007 - Intracoastal Park Clubhouse (7,200 sq. ft.) - 2240 N. Iiederal Hwy. - Mon. - Sat. (6 days/wk) - .Add to 11 rea C Additional Cost for Alea C: Add to DATE to be determined - Rolling. Green School Park (1,600 sq.- ft.) - 551 Area D N.E. 26th Ave. - Sun. - Sat. (7 days/wk) Additional Cost for A)'ea D: Add to I AUGlSEPT. 2007 - Wilson Pool Restroom (9QO sq. ft.) - 311 N.W. 12th Ave. Area E - May through September, Mon. - Fri. (5 days/wk) and October tbrough April, Wed. & Fri. (2 dayslwk) Additional Cost for Area E: Add to AUG/SEPT. 2007 - Wilson Center (14,000 sq. ft.) - 211 N.W. 13th Ave:1Ue- AI-ea E Mon. - Sat. (6 days/wk) Additional Cost for Ar ea E: ocr. 2007 _ Fire Station #5 AdminlEOClComm Ctr. (Est. 40,000 sq. ft.)- Quantum l'ark - Mon. - Fri. (5 dayslwk) . Additional Cost for Ana F: FEB. 2007 - Jaycee Park (500 sq. ft.) - 2600 South Federal Hwy. - Sun. - Sat. (7 days/wk) $1 ~~dAtP Per Sq. Ft. ! Add to , Area F ~lid to AreaG Additional Cost for Area G: ADDmONAL SPECIALIZED WORK I HOURLY RATE PER PERSON FOR EMERGENCY WORK $ er hour HOURLY RATE PER PERSON FOR SCHEDULED SF'.K.ClAL PROJECTS $ / 9, ~?J per hour I ADDITIONAL SQUARE FOOTAGE PRICING FOR NE AREAS I $ (), I Z per sq. ft. ALL PRICES F.O.B. BOYNTON BEACH Stat~ment of Bidder's Qualifications submitted. XotJG ~ ~@fNO) t"-@tNO) p- (YesfNo) ~ (YfS/NO) Number of Bid Proposals submitted. Om: Original and Three (3)Copies submitted SpeGification "check-off' sheets submitted. 5% Bid Bond or Certified Check submitted. 36 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL .../ Supervisor's Qualifications submitted. Schedule of Subcontractors submitted. EXHIBIT nAil /0'"eslNo) (YeslNo) List of anticipated staff numbers, titles, and schedule of activities. Contact name and phone number submitted. (Yes/No) (YeslNo) List of custodial materials, equipment, and product/brands to be used. 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Ol UJ I-Q. ..0 .a 'iij 0::: (9 Z :J CD (/) eo en I- >- I:: eo (/) 0 .21 :s: 0::: CD (/)~ ll. 0 Z ll.O W OW >- W 1-1- I- 0:: I- -I- ~ ll. ~ ~~ 0 (90 ollJ z :::>W 0 -:::> 0::1- u:: ll.(/) ~ o!::: ll. ~o:: ll.(/) ll.~ <( ZW 000 OllJ ~ 000 ZW z:::> l) -0 O~ 000 <(0 00 a... -00 -W :::>0 ~:::> ~l) 00 llJw ...Jo:: l- (/) Q~ ...Ja... ~llJ ~::S Z 0::: Ow 0::0 0:: a... W 0 ~- <.(~ -W -~ ~ 0 ..!.~ ll.z ll.o:: ~ Z I-llJ Z- ~~ Zo UJ Z:::> 00:: 8~ 0 > <coo zo.. l)0 l) '" Q) Ol eo Q. 0::: O(/) ll.UJ 1-0 0- ~5: I-UJ Z(/) O....J o~ 0:::0 <(0 UJI- >-(/) ':::l 00 ~ N - Q) Q) ..c: (/) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l 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 August 1, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) rgJ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6,2006 (Noon) D D _" J Announcements/Presentations City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM rgJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D .-"") . ; ~'""'> C) RECOMMENDATION: Motion to approve and execute a resolution for Amendment # 3, Task Order No. 17 to CH2M Hill totaling $76,083.00. Amendment #3 includes additional engineering services during the construction of the City's Aquifer Storage and Recovery Well No.2 (ASR-2). EXPLANATION: Task Order #17 was approved by City Commission on November 19, 2002 for engineering services provided by CH2M Hill for the final design of ASR-2, bidding services, construction phase services, report preparation and preparation of an Operation and Maintenance Manual. Amendment #1 and Amendment #2 were approved by City Commission on December 6, 2005 for modifications to the original scope of services regarding the well house design and unforeseen ground conditions that caused a partial collapse of surface soils around ASR-2 during construction. Under the direction of the City, CH2M Hill conducted extensive testing of both ASR-l and ASR-2. CH2M Hill determined well interference with existing ASR-l and the excessive amount of sand being pumped was greater than anticipated. These findings necessitate a change in the pumping plant design for both ASR wells and removal of the well house over ASR-2. The construction period for this project has been delayed due to the active 2005 hurricane season and drilling irregularities. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Amendment #3 will provide engineering services to modify and redesign the ASR-2 wellhead to allow future access for a drilling rig to perform well maintenance and a possible change in the well configuration in the future. Amendment #3 to Task Order #17 includes the following: . Redesign and removal of well house . Relocation of electrical room and all components . Redesign well pad to include relocated electrical room . Sound enclosures (baffles) to ensure City noise ordinances are met . Review and redesign ground mechanical pipe work components if necessary . Onsite resident observation for an additional 10 weeks PROGRAM IMP ACT: The City's ASR-l well continues to reap the benefits of this cost-effective technology by allowing the City to store surplus water produced during the wet season, and recovery during drier weather when the demand is high. To date, the Department has been limited in its ASR-l recovery by the size of the current well. The new well, ASR-2, when completed is expected to provide more than twice the recovery rate of the existing ASR-l well. This additional ASR well is critical to the Utilities Department in meeting future peak day and dry season demands. It is anticipated that the combination of the two wells increase our ASR capability up to 6 MGD. FISCAL IMPACT: Funds are available in Utilities Account #403-5000-590-96-10 WTR093 TASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT APPROVAL DATE TO No. 17 11/19/02 403-5000-590-96-10 WTR093 $ 231,970.00 Amendment #1 12/06/05 403-5000-590-96-10 WTR093 $ 52,412.00 Amendment #2 12/06/05 403-5000-590-96-10 WTR093 $ 71,103.00 Amendment #3 Proposed09/06/06 403-5000-590-96-10 WTR093 $ 76,083.00 TOTAL $ 431,568.00 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: There are no alternatives. The City's Water Use Permit, issued by the South Florida Water Management District, is reducing the allocation for dry season surficial aquifer withdrawals beginning August 2008. ASR-l and ASR-2 are alternative water sources that store water underground for use during dry periods; and, capable of producing up to 6 million gallons per day rather than pump water from the surficial aquifer. 40 f)~~~q; Kofi Boateng Utilities Director ~ City Manager's Signature Utilities Department Name be: Kofi Boateng, Utilities Director (.-?/ Pete Mazzella, Deputy Utilities Director ~ Chris Roschek, Manager Engineering Division \7"\1 Paul Fleming, Sr. Project Manager Barb Conboy, Manager Utilities AdminlFinance PMT File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF 5 AMENDMENT NO 3 TO TASK ORDER NO. 17, FOR 6 ADDITIONAL ENGINEERING SERVICES DURING 7 CONSTRUCTION OF THE CITY'S AQUIFER 8 STORAGE AND RECOVERY WELL NO.2 (ASR-2) IN 9 THE AMOUNT OF $76,083.00, TO CH2M HILL, INC.; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, Task Order No. 17 was approved by the City Commission on 14 November 11, 2002 by Resolution R02-l98 for $231,970.00; and 15 WHEREAS, Amendments #1 and #2 were approved by the City Commission on 16 December 6,2005 by Resolution R05-203 for $123,515.00; and 17 WHEREAS, Amendment #3 will provide engineering servIces to modify and 18 redesign the ASR-2 wellhead to allow future access for a drilling rig to perform well 19 maintenance and a possible change in the well configuration in the future; and 20 WHEREAS, The cost for Amendment #3 (76,083.00) is not included in Task Order 21 No. 17 for $231,970.00. 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 confirmed 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 of the City of Boynton Beach, Florida does 28 hereby authorize and direct the approval and execution of Amendment #3 to Task Order No. 29 17 with CH2M HILL for additional engineering services during the construction of the City's :\CA\RESO\Agreements\Task - Change Orders\CH2M Addendum 3 to TO 17.doc Aquifer Storage and Recovery Well, No.2 (ASR-2) in the amount of$76,083.00. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of September, 2006. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 27 City Clerk 28 29 30 (Corporate Seal) 31 32 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson :\CA\RESO\Agreements\Task - Change Orders\CH2M Addendum 3 to TO H.doe Task Order No. 17 - Engineering Services for Phase II - Final Design, Bidding Services, Services During Construction and Reports for Aquifer Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant - Amendment No 3 (Design Modifications and Additional Resident Observer Services) Background Task Order No. 17 - Engineering Services for Phase II - Final Design, Bidding Services, Services during Construction and Reports for Aquifer Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant was approved by the City Commission on November 19,2002. CH2M HILL (CONSULTANT) has been working on this project since that time. The original design and bidding services for ASR-2 are complete and construction is underway. Drilling of the ASR-2 well is now complete. However following extensive testing of both ASR-l and ASR-2 wells under the direction of the CITY, it has been determined that well interference (water level drawdown) with the existing ASR-1 well is greater than anticipated. Further, the level of sand being pumped at flow rates in excess of 1,500 GPM are excessive. These findings necessitate a change in the pumping plant design for both ASR wells and also removal of the well house over ASR-2 to allow future access to the well for a drilling rig. Finally the construction period has been further extended due to factors outside the contractor's control. These outcomes necessitate the following additional services to be performed by CH2M HILL: · Redesign of ASR-2 wellhead layout (removal of well house, relocation of electrical room and modified noise control) · Extended services during construction of ASR-2 Redesign of ASR-2 Wellhead Layout The current ASR well design incorporates a permanent wellhead building which houses the well head piping, pumping plant and the electrical controls. One of the design objectives at DFBlT017MOD 3V5 DOC the time was to ensure the variable speed drive set met all noise ordinance requirements, hence the reason for a building enclosure. However given the uncertainty over the new ASR well and the inevitable need to be able to relocate a drilling rig over the well, the CITY has decided to remove the well house. The key elements of the design changes required to do this include: · Relocation of the electrical room and all components, to be re-housed in a smaller NEMA rated enclosure · Redesign of well pad, to include area for relocated electrical room · Sound enclosures or baffles to all pumping plant to ensure CITY noise ordinances are met · Review and redesign if necessary of all above ground mechanical and pipe work components to ensure they may be disassembled so as to allow space for a drilling rig located over the ASR-2 well Extended Services during Construction The baseline construction period of 37 weeks has now been extended to a total of 533 days, or 76.1 weeks as authorized by Field Change Directives (FCD's). Extensions of time for CH2M HILL construction services to supervise these works were not authorized at the same time these FCD's were authorized for the contractor. However not all of the FCD time extensions require full time supervision. In summary, the equivalent full time construction services required is 54.9 weeks - 21.2 weeks less than the construction period, but 9.3 weeks greater than currently authorized. Amendment 3 - Additional Scope of Services for Phase II Task 1 - Final Design Services Additional final design services to be performed by the CONSULTANT in this Amendment 3 are as outlined below: 1.3 Redesign of Wellhead Layout. The CONSULTANT shall modify the original ASR wellhead design so as to allow future access for a drilling rig to perform well maintenance and a possible change in the well configuration (storage zone). The key elements of the design changes necessary include: · Removal of the well house · Relocation of the electrical room and all components, to be re-housed in a smaller NEMA rated enclosure · Redesign of well pad, to include area for relocated electrical room · Sound enclosures or baffles to all pumping plant to ensure CITY noise ordinances are met · Review and redesign if necessary of all above ground mechanical and pipe work components to ensure they may be disassembled so as to allow space for a drilling rig located over the ASR-2 well DFB\T017MOD 3V5.DOC 2 Construction Drawings. The CONSULTANT will produce the necessary revised civil, structural, mechanical, instrumentation and electrical construction drawings to show the changes in design for the ASR well. It is estimated the CONSULTANT will produce approximately 5 revised construction drawings. Drawings will be produced on 11-inch by 17-inch sheets. Construction Documents. The CONSULTANT will produce an addendum to the ASR-2 construction documents that will include specifications, equipment and instrument lists, and functional descriptions where needed. Detailed Design Submittal. The CONSULTANT will provide a 90 percent design submittal (six copies of documents) for the ASR-2 design modification utilizing the modified well head design concepts developed with the CITY. The submittal will include the following: · Draft addendum to technical specifications and construction documents · 90 percent design drawings addendum (11 x 17 copies) Detailed Design Review Meeting. Within I-week of the CITY receiving the Detailed Design Submittal, the CONSULTANT will conduct a 90 percent review meeting with CITY staff to review the design. The review will consist of one meeting between the CITY and key members of the CONSULTANT project team. The CONSULTANT will prepare and distribute written summaries of decisions rendered. The approved written summaries will serve as the basis for proceeding with the completion of detailed design. Final Detailed Design Submittal. Based upon the comments agreed upon as a result of the 90 percent review meeting with the CITY, the CONSULTANT will prepare a 100 percent (final) design submittal for ASR-2 addendum. The submittal will include: · Five sets of final (100 percent) addendum to technical specifications and construction documents · Five sets of final (100 percent) half size addendum drawings (two sets of full size drawings will also be provided, signed and sealed by the appropriate professional engmeers. Task 2 - Bid Phase Services No additional Bid Phase Services are being provided in this Amendment. Task 3 - Services during Construction In addition to services covered under prior Amendments 1 and 2, the following additional services during construction will be provided under Amendment 3: 3.3 Additional Construction Management and Resident Observation. The CONSULTANT will provide full time construction management and onsite resident observation services for an additional 10.4 weeks. Specific services to be provided are as outlined in the original task order. DFBlT017MOD 3V5DOC 3 Task 4 - Engineering Report and Operation and Maintenance Manual Additional services covered under Amendment 1. No additional services are included in this Amendment 3. Assumptions The following assumptions were made for the preparation of this Amendment: . Construction observation and construction management services are based on completion of the additional construction by November 30, 2006. If construction is delayed further due to the CONTRACTOR or the CITY, the CONSULTANT shall be compensated for additional services beyond this period under a separate addendum to this authorization. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000 between the City of Boynton Beach and CH2M HILL, Inc. Compensation Compensation by the CITY to the CONSULTANT for the additional Phase II services will be invoiced on a time and materials basis, with a noHo-exceed limit as shown below, and in accordance with the above referenced Agreement. The estimated compensation for the services described in this Task Order amendment is $76,083 as shown in Table 1 below. TABLE 1 ASR-2 Additional Services C' f B B h Ity 0 oynton eac Labor Labor Expense Total Hours Cost Cost Task 1.3 - Final Design Services 99 $11,358 $6,818* $18,176 - Modified Wellhead Task 3.3- Services During $53,073 $4,834 $57,907 Construction - Additional Construction Period TOTAL $64,431 $11,652 $76,083 * Includes $6,000 for electrical engineering service sub-consultant - Hillers Electrical Engineering Inc. DFBlT017MOD 3V5.DOC 4 The total revised fee is summarized below; Amendment 2 $231,970 $ 52,412 $ 71,103 $ 76,083 $431,568 Original Budget Amendment 1 Amendment 3 Revised Total Fee Schedule The detailed construction schedule already developed with the CITY's project manager will not be affected by this amendment. Authorization DATED this day of , 2006 CITY OF BOYNTON BEACH CH2M HILL, INC. Kurt Bressner w~~ Wendy Nero Vice President, Area Manager City Manager Attest / Authenticated: City Clerk Approved as to Form: Attest / Authenticated: Office of the City Attorney Secretary / Notary DFBIT017MOD 3V5.DOC 5 VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to Citv Clerk's Commission Meetinq Dates Turned in to City Clerk's Office Dates Office D August 1, 2006 July 17, 2006 (Noon,) D October 3, 2006 September 18, 2006 (Noon) D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) ~ September 6,2006 August 14, 2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D Annou ncements/Presentations D City Manager's Report. ........, D Administrative D New Business -,:.- NATURE OF ._.1 AGENDA ITEM ~ Consent Agenda D Legal Code Compliance & Legal .,'- ~ D Settlements D Unfinished Business D Public Hearing D '-J J ~>-:~ RECOMMENDATION: Approval of Resolution R06-_ authorizing the execution of an Interlocal kgree~~ between Palm Beach County and the City Of Boynton Beach for application to the Florida Department of Community Affairs to receive funding through the 2005 Florida CDBG Disaster Recovery Initiative (DRI). EXPLANATION: The State of Florida is scheduled to receive $82.9 million from the federal government for what is now called the 2005 Florida CDBG Disaster Recovery Initiative (DRI). Approximately $19 million of these funds have been earmarked for Palm Beach County. In July 2006 the Community Improvement Division applied to the Palm Beach County Department of Housing and Community Development (HCD) for a share of these funds for its ongoing housing rehabilitation program. PROGRAM IMPACT: As a result of this application, HCD has recommended that the City of Boynton Beach receive $1,629,170 for housing rehabilitation as well as the replacement of one dwelling unit severely damaged by hurricane Wilma. This recommendation is subject to final approval by the Florida Department of Community Affairs (DCA). FISCAL IMPACT: Additional funding of $1,629,170 to assist 150 households with repairs to hurricane damaged dwellings, as well as the replacement of one housing unit previously rendered uninhabitable. ALTERNATIVES: To not accept the funding and continue the city's rehabilitation program utilizing currently available Community Development Block Grant and State Housing Initiative Partnership program funds. Dep Assistant to City Manager Department of Development Community Improvement Division Department Name City Attorney / Finance C:\Documents and Settings\greeneq,CITY\Local Settings\Temporary Internet Files\OLK1E\CC9-6 Interlocal Agree PBC,doc 1 RESOLUTION R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AN INTERLOCAL AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PALM BEACH 7 COUNTY FOR THE APPLICATION TO THE FLORIDA 8 DEPARTMENT OF COMMUNITY AFFAIRS TO 9 RECEIVE $1,629,170.00 IN FUNDING THROUGH THE 10 2005 FLORIDA CDBG DISASTER RECOVERY 11 INITIATIVE; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the State of Florida is scheduled to receive $82.9 million in funds from 15 the federal government for the 2005 Florida CDBG Disaster Recovery Initiative (DRI); and 16 WHEREAS, approximately $19 million of these funds have been earmarked for 17 Palm Beach County; and 18 WHEREAS, July, 2006, the City of Boynton Beach Community Improvement 19 Division applied to the Palm Beach County Department of Housing and Community 20 Development (HCD) for a share of these funds for its ongoing housing rehabilitation 21 program; and 22 WHEREAS, as a result of the City's application the HCD has recommended that the 23 City of Boynton Beach receive $1,629,170.00 for housing rehabilitation as well as the 24 replacement of one dwelling unit severely damaged by Hurricane Wilma; 25 WHEREAS, the City Commission of the City of Boynton Beach upon 26 recommendation of staff, deems it to be in the best interest of the citizens of the City of 27 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County 28 for application to the Florida Department of Community Affairs to receive funding through 29 the 2005 Florida CDBG Disaster Recovery Initiative, a copy of which is attached hereto and S:\CA\RESO\Agreements\lnterlocals\ILA with PSC for CDSG DRI funding,doc 1 made a part hereof. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 5 being true and correct and are hereby made a specific part of this Resolution upon adoption 6 hereof. Section 2. Upon recommendation of staff, this Commission does hereby 7 8 authorize execution of this Interlocal Agreement between the City of Boynton Beach and 9 Palm Beach County for application to the Florida Department of Community Affairs to 10 receive funding through the 2005 Florida CDBG Disaster Recovery Initiative, which 11 Agreement is attached hereto and made a part here. 12 Section 3. That this Resolution shall become effective immediately upon 13 passage. S:\CA\RESO\Agreements\lnterlocals\ILA with PSC for CDSG DRI funding,doc 2 PASSED AND ADOPTED this _ day of September, 2006. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Jerry Taylor Vice Mayor- Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for CDBG DRI funding.doc Housing 5. Community Development Department 3323 Belvedere Road. Building 501 West Palm Beach. FL 33406 (561) 233-3601 FAX: (561) 233-3651 www.pbcgov.com . Palm Beach County Board of County Commissioners Tony Masilotti. Chairman Addie L. Greene. Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman 'An Equal Opportunity Affirmative Action Employer' @ printed on recycled paper VIA FAX (561) 742-6011 August 3, 2006 Ms. Octavia S. Sherrod City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: 2005 Florida CDBG Disaster Recovery Initiative Program- Selection Committee Funding Recommendations Dear Ms. Sherrod: Palm Beach County Housing and Community Development (HCD) has completed an evaluation of applications submitted for funding under the 2005 Florida CDBG Disaster Recovery Initiative Program, and the DR! Selection Committee formulated funding recommendations at its public meeting held August 1, 2006. The Selection Committee has made the following recommendation concerning your application: · The housing rehabilitation and replacement project will be presented to the State for funding at an amount of $1,629,170 for the rehabilitation of 150 homes and the replacement of one housing unit, which must consist of 3 bedroomsl2 baths. The maximum amount available to all projects located in Palm Beach County is $19,035,920. Since the total amount requested by all County applicants far exceeded the available amount, not all requests could be submitted for funding in full. A public notice of the funding recommendations will be published in the Palm Beach Post on August 6, 2006. The application to the State is due on August 18,2006. Please note that the State will make all final decisions regarding project funding. HCD will keep you informed of future developments via ourwebsite www.pbcgov.comlhcd. If your project is approved for funding by the State, the following provisions will apply prior to expenditure of any funds: · An agreement with Palm Beach County must be executed; and · All projects funded by CDBG are subject to an environmental review to identify/address environmental concerns. In compliance with the County's Citizen Participation Plan, if you have any questions, comments, or concerns, please contact Elena M. Escovar, Planning Manager, at (561) 233-3621. Thank you. Sincerely, ~ Remar M. Harvin, Director Housing and Community Development cc: Elena M. Escovar, Planning Manager, HCD Clement C. Clarke, Principal Planner, HCD Carlos Serrano, Senior Planner, RCD Pinal Gandhi, Planner I, RCD Ref:G:\planning\2005 _ 06\DisasterRecoveryInitiativelFundingRecommendationSHELLdoc DEPARTMENT OF DEVELOPMENT Community Improvement Division Memorandum CID 06- 063 TO: FROM: THRU: DATE: RE: Kurt Bressner, City Manager Octavia S. Sherrod, Community Improvement Quintus Greene, Director of Development August8,2006 2005 Florida CDBG Disaster Recovery Initiative (DRI) Program On June 9, 2006, as part of a $94.5 billion supplemental appropriation, Congress approved $5.2 billion to fund Disaster Community Development Block Grants (CDBG) for counties declared federal disaster areas during last year's hurricane season. The funds will be administered by the Department of Housing and Urban Development (HUD) and distributed among eligible states. The State of Florida is scheduled to receive $82.9 million for what is now called the 2005 Florida CDBG Disaster Recovery Initiative (DRI). Approximately $19 million of these funds have been earmarked for Palm Beach County. In July 2006 the Community Improvement Division applied to the Palm Beach County Department of Housing and Community Development (HCD) for a share of these funds for its ongoing housing rehabilitation program. As a result of this application, HCD has recommended that the City of Boynton Beach receive $1,629,170 for housing rehabilitation as well as the replacement of one dwelling unit severely damaged by hurricane Wilma. This recommendation is subject to final approval by the Florida Department of Community Affairs (DCA). Attached you will find three (3) copies of an Interlocal Agreement between Palm Beach County and the City of Boynton Beach necessary to access these funds. Please sign (but please do not date) these agreements and return to our office so that we may forward them to the HCD by Friday, August 11,2006. s:~~~~~~.~ INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH FOR THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2005 DISASTER RECOVERY INITIATIVE THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this _ day of ,2006 by and between PALM BEACH COUNTY, a political subdivision ofthe State of Florida, hereinafter referred to as the "COUNTY", and CITY OF BOYNTON BEACH, a municipality duly organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY". WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative is funded by the US, Department of Housing and Urban Development (RUD) with Community Development Block Grant (CDBG) funds and administered by the Florida Department of Community Affairs for disaster relief, long-term recovery, and mitigation directly related to the effects of the disasters resulting from Hurricane Katrina of August 24, 2005 and Hurricane Wilma of October 23, 2005 and were covered by Presidential disaster declarations; and WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG) activities as part of the Florida Department of Community Affairs 2005 Disaster Recovery Initiative within the COUNTY, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act" authorizes local governments to make the most efficient use oftheir powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, it is mandated by Title I ofthe Housing and Community Development Act of 1974, as amended, that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, the municipalities submitting an Interlocal Agreement at this time have not previously executed an Interlocal Agreement to participate with Palm Beach County in the Urban County Qualification Program; and WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative application requires submission of an Interlocal Agreement if a project will, in any way, impact another government; and WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative requires that one application, reflecting countywide, priority disaster recovery projects, be submitted by a unit of general local government within each county; and WHEREAS, the municipalities applying for funding under the Florida Department of Community Affairs 2005 Disaster Recovery Initiative elected Palm Beach County to serve as the lead agency for the Florida Department of Community Affairs 2005 Disaster Recovery Initiative in Palm Beach County; and WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional services necessary to implement the Florida Department of Community Affairs 2005 Disaster CITY OF BOYNTON BEACH Recovery Initiative for the duration of the Initiative; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking eligible activities under the Florida Department of Community Affairs 2005 Disaster Recovery Initiative; and WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Florida Department of Community Affairs 2005 Disaster Recovery Initiative. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the Municipality may participate with the COUNTY to expend CDBG funds for eligible activities under the Florida Department of Community Affairs 2005 Disaster Recovery Initiative within the MUNICIPALITY during the term ofthe Initiative (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and The Department of Defense Appropriations Act, 2006 (Public Law 109-148, approved December 30, 2006) and receive funds under these Acts. 2, With the MUNICIPALITY'S assistance, the COUNTY will prepare an application for HUD Disaster Recovery Funding under the Florida Department of Community Affairs 2005 Disaster Recovery Initiative, The COUNTY will undertake or assist in undertaking all professional and administrative services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obligations as applicant. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assist in undertaking disaster recovery activities including disaster relief, long-term recovery, and mitigation in communities affected by the specified disasters and that the COUNTY has final responsibility for selecting activities for funding under the Florida CDBG Disaster Recovery Initiative, 4, The MUNICIPALITY and the COUNTY will take all actions necessary to assure compliance with Community Development Block Grant Entitlement Program Regulations, including 24 CFR 570, except as permitted exemptions are published in the Federal Register, the urban county's certification required by Section 1 04(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I ofthe Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and other applicable laws. The COUNTY shall not use funds under the Florida Department of Community Affairs 2005 Disaster Recovery Initiative for activities in or in support of any MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'S actions to comply with its fair housing certification. 5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply to the State for grants under the Florida Department of Community Affairs 2005 Disaster Recovery Initiative in its own right. 6, To the extent applicable, the MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance to, or exit from a facility or location which s :\2005 _ 06ID;sasterRecoverylnitiativellnterlocalAgreel2005DRI Agrment BOYNTON BCH.doc CITY OF BOYNTON BEACH is the subject of such non-violent civil rights demonstrations within jurisdictions. 7. The COUNTY, through its Department of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing Florida CDBG Disaster Recovery Initiative activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 8. Pursuant to 24 CFR 570.50l(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements of a written agreement as described in 24 CFR 570,503, 9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification and/or change in the use of any real property (from that planned at the time of acquisition or improvement, including disposition) acquired or improved in whole or in part with Florida Department of Community Affairs 2005 Disaster Recovery Initiative program funds that is within control of the MUNICIPALITY. Notification of the COUNTY shall take place within ten (10) days of said modification or change, In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and/or improvement, and said real property is sold, conveyed or transferred for usage which does not qualify as eligible under CDBG regulations, the COUNTY shall be reimbursed in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of the property by the MUNICIPALITY. In the event ofa close-out or change of status of the MUNICIPALITY, termination of this Agreement, or disposition and/or transfer of any property improved or acquired with CDBG funds, the COUNTY shall be reimbursed by the MUNICIPALITY any program income generated prior to or subsequent to said close-out, termination or change of status. 10. The COUNTY and the MUNICIPALITY will comply with the Comprehensive Plan for Palm Beach County, the Consolidated Plan and the implementing program as outlined in the Annual Consolidated Plan (to be known as the Action Plan, beginning FY 2006-07), which governs the expenditure ofCDBG funds. 11. This Agreement shall give the COUNTY authority to carry out activities which will be funded from appropriations of Florida Department of Community Affairs 2005 Disaster Recovery Initiative funds for the full term ofthis Agreement. The Agreement shall remain in effect until all Florida Department of Community Affairs 2005 Disaster Recovery Initiative funds and any program income received with respect to activities carried out with Florida Department of Community Affairs 2005 Disaster Recovery Initiative funds are expended, and the funded activities are completed, and that the COUNTY and MUNICIPALITY may not terminate or withdraw from the Agreement while it remains in effect. 12, This Agreement is contingent upon the COUNTY'S successful application under the Florida Department of Community Affairs 2005 Disaster Recovery Initiative. 13, Nothing contained herein shall be deemed to authorize the delegation ofthe constitutional or statutory duties of the state, county or municipal officers. S :12005_ 061DisasterRecoverylnitiativellnterlocalAgree1200 5DRI Agrment BO YNTON BCH.doc CITY OF BOYNTON BEACH 14. A copy ofthis Agreement shall be filed with the Clerk and Comptroller in and for Pahn Beach County, 15. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS By: Robert Weisman, County Administrator Approved as to Form and Legal Sufficiency: Approved as to Terms and Conditions Dept. of Housing and Community Development By: By: Tammy K. Fields Senior Assistant County Attorney Elena M, Escovar Planning Manager ATTEST: CITY OF BOYNTON BEACH, a municipality duly organized by the laws of the State of Florida ~ Kurt Bressner City Manager S :1200 5 _ 061DisasterRecoverylnitiativellnterlocaIAgree\2005DRI Agrrnent 60 YNTON 6CH .doc CITY OF BOYNTON BEACH LEGAL CERTIFICATION BY PALM BEACH COUNTY As Legal Counsel for Palm Beach County, I hereby state that the tenus and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake, or assist in undertaking, disaster recovery activities. Tammy K. Fields, Senior Assistant County Attorney Palm Beach County, Florida S :\2005_ 06\DisasterRecovery In itiative\InterlocaIAgree\200 5D RI Agnnent BO YNTON BCH.doc cr Tbe Citl} 0/ &l}lltOll Beach Office Of The aty Manager 100 E. Boynton Beach Bou/evard P.O. Box310 Boynton Beach, Florida 33425-0310 Oty Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: bressnerk@d.boynton-beach.n.us wWw. boynton-beach.org July 14, 2006 Mr. Remar Harvin, Director Palm Beach Housing & Community Development 3323 Belvedere Road, Bldg. #501 West Palm Beach, Florida 33406 Re: Florida CDBG 2005 Disaster Recovery Initiative Program City of Boynton Beach Dear Mr. Harvin, Enclosed please fmd applications from the City of Boynton Beach for funding for the Florida CDBG 2005 Disaster Recovery Initiative Program. As you may be aware, the City of Boynton Beach receives minimal funding from its normal Community Development Block Grant, and its SHIP funding allocations. Damages caused to residential dwellings as a result of hurricane Wilma has caused a significant impact on the funds available for the city's normal housing and rehabilitation program. Please be advised that this letter serves to certify that these activities were not underway prior to the Hurricane Wilma disaster, and the City of Boynton Beach does not have the funding available to offset the enormous impact upon the city's resources and its citizens. On behalf of the citizens of Boynton Beach, and City Commission, the enclosed applications are being submitted for review and approval of funding. We look forward to continuing the mission of improving the quality oflive for our residents with future collaborative efforts in the upcoming fiscal years. Sincerely, Attachment AMERICA'S GATEWA Y TO THE GULFSTREAM Florida CDBG 2005 Disaster Recovery Initiative Program APPLICATION 1. Applicant: City of Boynton Beach 2. Address of Applicant: 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 3. Contact Person: Octavia S. Sherrod 4. Contact Person Phone Number and Email Address: 561/742-6066; sherrodo@ci.boynton-beach.f!.us 5. Provide Detailed description of the Activity (include purpose; specific work to be funded; and unit of measurement, i.e., number/type of housing units, square/linear footage of utilities, etc.) The activity will consist of the rehabilitation of single family dwellings, and owner occupied duplexes directly impacted as a result of hurricane Wilma. The work to be performed will include but not limited to the following: Exterior · Roof replacement · Window replacement · Doors · Exterior Wall repairs Interior (resulting from wind and water damage) · Walls · Electrical (wiring, light fixtures, receptacles, etc.) · Ceilings · Cabinets, vanities · Flooring 6. Does the activity help to restore disaster-impacted affordable housing? i:8J Yes 0 No 7. Describe exact location of activity, and attach map. See attached. 8. For Capital Improvement/Public Facilities Projects. N/A S:\Community Improvement\OSS-DAR\2006\Florida CDBG 2005 Disaster,doc · Describe the activity · Provide Census Tract/Block Group information for the activity service area, including total population, low/mod population, and percentage of low/mod Population: · If the activity will serve all residents of an area, provide the total number of households in the service area: · If the activity will serve a specific limited client population, provide the total number of persons that will be served by the activity, and the number of low/mod persons that will be served by the activity: · Year structure(s) built: 9. For Housing Related Projects - · Provide the total number of households to be assisted: 150 · Provide the number and percentage of low/mod households to be assisted: 105 or 70% · Will the activity cause the relocation of persons or businesses? No If so, provide details: · Year structure(s) build: varies 10. Provide a detailed line-item activity budget (including Engineering Costs, if applicable), and provide the cost standard(s) forming the basis for the budgeted amounts: · 150 houses; approximately 1000 to 1200 square feet · Each house $10 to $12 per square ft for construction cost · Engineering would be as determined for each case (per unit approximately $500.00) 11 . Justify the need for DRI funding for the activity: Hurricane Wilma created the realization of the need for the replacement of many roofing systems within the city. Many of these citizens have been impacted and found to be without benefit of adequate homeowners insurance (some with industrial fire insurance), and instances where deductibles and depreciated costs have prevented them from being able to further protect the integrity of their property. Furthermore, the rising costs of construction materials have placed the cost beyond the financial capability of the homeowner. All of the afore mentioned has trickled down to the City of Boynton Beach, resulting in a rapid depletion of our resources, which were normally allocated for rehabilitation for the benefit of addressing slum and blight. S:\Community Improvement\OSS-DAR\2006\Florida CDBG 2005 Disaster.doc 12. Explain how this activity relates to Hurricane Wilma: All of the damages are as a direct result of the impact of hurricane Wilma. 13. Provide an Implementation Schedule by Tasks (Maximum 2-year contract period) : · Total number of houses to be impacted for a two year period: 150 · Estimated Cost for rehabilitation per unit: $12,000.00 · Total Requested: $1,800,000.00 14. Provide a letter from the City Manager, Executive Director, etc. certifying that no other funding is available, and that the activity was not underway prior to the Presidential Disaster Declaration, unless the disaster directly impacted the activity. (Elements of activities that are reimbursable by FEMA or fundable through the SBA or other sources cannot be undertaken with these funds. See attached. S:\Community Improvement\OSS-DAR\2006\Florida CDBG 2005 Disaster.doc Florida CDBG 2005 Disaster Recovery Initiative Program APPLICATION 1. Applicant: City of Boynton Beach 2. Address of Applicant: 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 3. Contact Person: Octavia S. Sherrod 4. Contact Person Phone Number and Email Address: 561/742-6066; sherrodo@ci.boynton-beach.fl.us 5. Provide Detailed description of the Activity (include purpose; specific work to be funded; and unit of measurement, Le., number/type of housing units, square/linear footage of utilities, etc.) Replace a 1,600 Sq. ft. house (1,300 sq.ft. living), located at 101 N.E. 8th Avenue that was demolished as a result of extensive damage caused by hurricane Wilma. The work shall include all sitework, permits, plans, construction and landscaping as required to meet codes and ordinances of the City of Boynton Beach. 6. Does the activity help to restore disaster-impacted affordable housing? [gJ Yes D No 7. Describe exact location of activity, and attach map. !01 N.E. 8th Avenue, Boynton Beach, Florida 8. For Capital Improvement/Public Facilities Projects. N/ A a. Describe the activity b. Provide Census Tract/Block Group information for the activity service area, including total population, low/mod population, and percentage of low/mod Population: c. If the activity will serve all residents of an area, provide the total number of households in the service area: d. If the activity will serve a specific limited client population, provide the total number of persons that will be served by the activity, and the number of low/mod persons that will be served by the activity: e. Year structure(s) built: 9. For Housing Related Projects - a. Provide the total number of households to be assisted: C:\Documents and Settings\mitchellc\local Settings\Temporary Internet Files\OLKE\Florida CDBG 2005 Disaster.doc b. Provide the number and percentage of low/mod households to be assisted: 1 @ 100% c. Will the activity cause the relocation of persons or businesses? Yes If so, provide details: Applicant has already been displaced to temporary housing. d. Year structure(s) built: 1958 10. Provide a detailed line-item activity budget (including Engineering Costs, if applicable), and provide the cost standard(s) forming the basis for the budgeted amounts: See Attached Cost Breakdown according to local construction costs. 11 . Justify the need for DRI funding for the activity: With its limited resources the City of Boynton Beach does not have a housing replacement program and the applicant does not have adequate insurance coverage. 12. Explain how this activity relates to Hurricane Wilma: Residence lost walls and roof as a result of high wind activity during Hurricane Wilma. 13. Provide an Implementation Schedule by Tasks (Maximum 2-year contract period) : Month 1- Obtain Survey Month 2 - Obtain building plans Month 3 - Obtain Bids from and select contractor Months 4 thru 12 - Obtain permits and complete construction 14. Provide a letter from the City Manager, Executive Director, etc. certifying that no other funding is available, and that the activity was not underway prior to the Presidential Disaster Declaration, unless the disaster directly impacted the activity. (Elements of activities that are reimbursable by FEMA or fundable through the SBA or other sources cannot be undertaken with these funds. C:\Documents and Settings\mitchellc\Local Settings\Temporary Internet Ales\OLKE\Florida CDBG 2005 Disaster.doc COST BREAKDOWN FOR W.J. AND MARY UPSHAW EARTHWORK 2,000.00 SOIL PRETREATMENT 400.00 SITE MAINTENANCE 1 600.00 CONCRETE MATERIAL 6,000.00 CONCRETE LABOR 4,500.00 MASONRY MATERIAL 4,300.00 MASONRY LABOR 3,900.00 STRUCTURAL STEEL 1,900.00 FIREPLACE N/A BRICKS STONEWORK N/A WINDOWS AND SCREENS 3,100.00 GLASS, GLAZING, AND CAULKING 350.00 TRUSSES 4,600.00 ROOFING AND SHEET METAL 6,000.00 ORNAMENTAL METAL N/A FORM AND FRAMING LUMBER 2,800.00 MILLWORK 2,100.00 COMMON LABOR 800.00 CARPENTER LABOR, FORM AND ROUGH 3,200.00 LUMBER CARPENTER LABOR MILLWORK 1,800.00 FINISH FLOORING 1,600.00 CABINETS AND VANITIES 3,900.00 LATHE OR DRYWALL 6,400.00 PLASTERING AND STUCCO 3,900.00 TILE MARBLE AND TERRAZZO 1,800.00 PAINTING AND WALLPAPERING 3,400.00 PLUMBING 3,400.00 ELECTRICAL 5,200.00 FINISH HARDWARE ALLOWANCE 450.00 ELECTRIC FIXTURE ALLOWANCE 900.00 ROUGH HARDWARE 450.00 AIR CONDITIONING AND HEATING 3,800.00 CLEANING 400.00 MEDICINE CABINETS 70.00 TUB AND SHOWER ENCLOSURES 300.00 CEILINGS 600.00 INSULATION 1,300.00 ApPLIANCES 1,800.00 SEPTIC TANK OR SEWER 600.00 GARAGE DOORS 850.00 LANDSCAPING 1,700.00 WALKS, DRIVES, PATIOS 1 800.00 PERMITS AND IMPACT FEES 10,400.00 LIABILITY AND COMPENSATION INSURANCE 2,200.00 GRADING 500.00 MISCELLANEOUS 1,200.00 CONTRACTORS FEE 12500.00 ARCHITECTURAL FEE 2,000.00 SURVEYS 1,350.00 SUPERVISION 1 200.00 HURRICANE SHUTTERS 2100.00 SPRINKLER SYSTEM 1,300.00 WATER METER OR WELL 450.00 TOTALS $129,170.00 .:ctrY.OF'B~T~N BE 'I' ' --it' , ... 1 in. = 250,0 feet Willie & Mary Upshaw - 101 N.E. 8th Avenue Willie and Mary Upshaw 101 NE 8th Ave VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH 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 Citv Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon) D August IS. 2006 July 31,2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) [8J September 6, 2006 August 14,2006 (Noon) D November 8. 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D "--- --I -!::':I;t . RECOMMENDATION: Approval of an expenditure in the amount of $45,000.00 from the Fedeial Law Enforcement Trust Fund for the purchase of a Telestaff computer based manpower tracking and'!' , notification system. Telestaffis a sole-source provider for this system. EXPLANATION: In 2004, an internal investigation revealed that vacation and sick leave in the'~'; _. ';.1 department was not being properly tracked and documented. Changes in the routing and proceisingi;>f' leave requests resulted from this investigation and a tracking system utilizing the Outlook/Calendar :2: feature of the Microsoft Office software was initiated to verify leave usage by departmental personnel. However, since this system (intended to be temporary) was initiated, the department has grown to full strength and added 10 additional officers. As a result, the temporary system no longer has the capacity to function as intended. The Telestaff system has the capacity and desirable security features to track and verify leave usage to insure the integrity of the payroll preparation system. The system is compatible with our current HTE financial software and performs many other functions that would prove useful and time-saving to the department. As an example, a large part of administrative effort is devoted to processing and filling secondary employment details requested by private concerns and city departments. This has been done manually and must be accomplished in compliance with the applicable collective bargaining agreements. The Telestaff system can perform the scheduling and make the necessary notifications with minimal data input. The system also has the capacity to schedule and track officer activity during emergency deployment situations. PROGRAM IMP ACT: Insure the integrity of the police department payroll and leave tracking system. FISCAL IMPACT: Expenditure of $45,000.00 from the Federal Forfeiture Fund (691-0000-247-0422) which has a current balance of$87,4l5.00. AL TERNA TIVES: Devise some sort of a manual/paper system. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM City Manager's Signature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM FROM: Mr. Kurt Bressner, DATE: July 20,2006 FILE: City Manager SUBJECT: T elestaff Proposal G. Matthew Immler, REFERENCES: Chief of Police ENCLOSURES: Telestaff Contract TO: RECOMMENDATION: 1. AUTHORIZE THE PURCHASE OF AN AUTOMATED LAW ENFORCEMENT SCHEDULING AND NOTIFICATION SYSTEM TO INCLUDE NETWORK SYSTEM HARDWARE, SOFTWARE, LICENSES, FIRST-YEAR WARRANTY AND ADDITIONAL PRODUCTS AS NECESSARY, IN THE AMOUNT OF $45,000, AND A RECURRING ANNUAL EXPENDITURE OF $5,680, FOR MAINTENANCE AND SUPPORT. PURSUANT TO THE ATTACHED AGREEMENT, THIS AMOUNT CANNOT INCREASE MORE THAN 3% PER YEAR. 2. APPROVE APPROPRIATION IN THE AMOUNT OF $45,000 FROM THE UNAPPROPRIATED DEFERRED REVENUES OF FUND 1250; AND AUTHORIZE THE FUNDS FOR EXPENDITURE. 3. AUTHORIZE THE CHIEF OF POLICE OR HIS DESIGNEE TO EXECUTE ALL CONTRACT AND OTHER DOCUMENTS RELATED TO THIS PROJECT. DISCUSSION: Historically, situational staffing decisions and the tracking of work hours for the Police Department have been performed manually. As the department has grown, this labor-intensive and time-consuming practice has made it extremely difficult to effectively schedule regular police staff hours and to provide for timely replacements in cases where staffing levels have been cut short by vacancies, injuries, illnesses and other types ofleave. Current Police Department roster and staffing procedures are prone to error, open to subjectivity, and lacking in analysis and forecasting capabilities for budgeting and scheduling. These issues are problematic for public safety agencies across the nation. In an effort to efficiently schedule Police Department staff, an automated software solution has been identified. Principal Decision Systems International (PDSI) of Orange, California, has developed Telestaff, which was specifically designed to automate public safety agency staffing. The Telestaff system has been widely accepted by public safety agencies in Florida and many other states. Locally, the system is used by Police Departments in both Palm Beach Gardens and Delray Beach. Police Department and Information Services Division staffs have reviewed the merits of Telestaff and they include: . Provides computer, phone and Internet access to employees' calendar and staffing options; . Ensures implementation of fair and consistent staffing practices, using existing policies and procedures of the department; . Manages dynamic daily roster of all scheduling activities; . Reacts immediately to vacancies caused by work exceptions and automatically identifies and contacts appropriate replacement personnel; . Generates detailed staffing and usage reports; . Governs scheduling authority with a sophisticated security system; . Accurately reports payroll and will soon have interface with the City's new payroll system (at extra cost yet to be determined) if the City desires an interface; . Allows supervisors to schedule volunteers as well as regular staff; . Provides staff with recorded phone notification of upcoming overtime shifts, requests for work, and general messages; . Supports secure, authorized schedule requests and inquiries (such as sick leave notification and short- term leave requests) from any touch-tone phone or via the Internet; . Allows access to staff based on authority, with an audit trail on all activity; . Includes system administrator and "train-the-trainer" instruction. Because staff could locate no other product which offers the features of Telestaff, and because a number of other agencies have conducted competitive bid processes wherein P.D.S.I. was the only responsible bidder, these recommendations are made using P .D.S.I. as a sole-source vendor. Purchasing staff agrees with this selection. Therefore, Police Department and Information Services Division staffs recommend that the City Council authorize Principal Decision Systems International to provide network and hardware components, software licenses for up to 200 staff members, additional telephone and database connections, Internet component set-up, system implementation services, first-year maintenance and sales tax on deliverable items. FISCAL IMP ACT: Estimated cost of the project is $45,000 plus minimal transportation and lodging charges for three members of the department's implementation team for a period not to exceed one week. All funding for this project is available through forfeiture funds. CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM DATE: July 20, 2006 hSS\/,4tZ- SUBJECT: Telestaff ieutenant, REFERENCES: rvIces ENCLOSURES: Folder FILE: TO: I respectfully request your consideration and support in the purchase of the Telestaff Software system. Telestaff is a technology that optimizes the effectiveness and efficiency of our staffing function and greatly enhances benefit accountability. Telestaff is a customizable personnel management solution, which will conform to our collective bargaining rules. Te1estaff will forecast overtime that results from training assignments or anticipated absences. It will even conduct overtime call outs so that police supervisors can spend their time on the streets instead of on the telephone. (This function is not activated unless program user, who has the authority required to approve the call out, prompts the system to act). Members can be contacted by phone, cell phone, e-mail, and alpha pager. Telestaff tracks time off, schedules off-duty details and special events. Telestaff features security codes, audits all incoming and outgoing activity, and will give our administration access to management reports including a cost analysis of a proposed operation, training or special event. Telestaff will provide all of our personnel with their own voice mailbox (to aid in our community policing efforts) and will allow each member to view their own payroll data. Telestaff will even compile the F.E.M.A. paperwork needed following our next hurricane. Most importantly, Telestaff will maintain a departmental calendar which tracks special events, court appearances, re-assignments, certification / license expiration.. .etc, so that everyone in the department is on the same page... literally. All of the hardware, software, training, and technical support for this program total $45,000. Travel expense for three department members for one week of training is not included; however, this is a one time expense. Annual expense for maintenance and services updates is approximately $5,680 annually, and guaranteed never to increase more than 3% per year. I have enclosed the negotiated final proposal and a sole source letter. July 20, 2006 Lt. Jeffrey Katz Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Lt. Katz, PDSI is the only vendor that provides an automated staffmg software program, designed for public health and safety industries, to place inbound and outbound phone calls without the need for human intervention. This software program is called TeleStaff. PDSI is the manufacturer and only distributor ofTe1eStaff. The specific phone capabilities include: . Automatic notification to staff members ofrequests or requirements to work, any change in their work schedule, and, for administrators, any staffing alarms via telephone, e-mail, pager, and answering machine. . Accommodates the delivery of personal messages from an administrator to any staffmember(s). . Provides telephone and PC access to employee's calendar . Supports authorized scheduling requests from any touch-tone telephone. In addition, TeleStaff: . Ensures implementation of fair and consistent hiring practices . Automatically keeps an audit trail of the rules used to fill vacancies . Manages internal human resource policies . Uses the department's labor rules and guidelines to manage and modify the roster . Shows payroll, certification/license expiration, and work status information . Manages a dynamic daily roster of all activities . Reacts immediately to vacancies caused by work exceptions and automatically identifies the appropriate replacement personnel . Generates detailed staffmg and usage reports . Governs scheduling authority with a sophisticated security system . Uses security codes . Allows access to different staff members based on authority . Automatically keeps an audit trail of all outbound telephone calls . Supported and serviced by a company experienced in nationwide software distribution and maintenance . Operates on a computer network . Gives each member access to their personal information at each station via PC . Shows each member their own payroll data . Shows a graphical personal calendar . Gives administration station access to management reports including work code cost information, trade payback data, license and certification expirations, payroll reports, and the ability to import/export data to other databases in 19 different formats . Keeps "last touched by" audit trails automatically on every record Sincerely, Lisa MaIm Account Executive R,Tisil)l1 IS/.f 05.'25'O-t TELESTAFF LICENSE AND ANNUAL SERVICE AGREEMENT This Agreement ("AGREEMENT') made by and between Principal Decision Systems International ("PDS!") that has its principal place of business at 625 The City Drive South, Suite 190, Orange, CA 92868, and Boynton Beach Police Department ("CUSTOMER"), that has its prinCipal place of business at 100 E. Boynton Beach Blvd, shall be subject to the following terms and conditions: Whereas, PDSI has developed a telecommunications/computer technology which consists of certain software known as TELESTAFF; and Whereas, PDSI imposes certain license requirements on customers desirous of purchasing a license for TELESTAFF; and Whereas, CUSTOMER wishes to contract with PDSI to: (1) implement a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, implement all licenses necessary to use TELESTAFF; and Whereas, PDSI is willing to contract with CUSTOMER to: (1) grant CUSTOMER a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, grant all licenses necessary to use TELESTAFF; Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, PDSI and CUSTOMER do hereby agree as follows: 1. Ownership and License of TELEST AFF , . Except as provided herein at paragraph 2(b), PDSI hereby grants to CUSTOMER a license to use TELESTAFF in object code form. CUSTOMER shall abide by the terms and conditions of this license as stated herein. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI 2. Copyriqht and Proprietary Protection. (a) TELESTAFF is owned by PDSI, and is protected by United States and international copyright laws and international trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT, In the event of termination for any reason other than non-renewal of Service and Support as described herein at Section 10, CUSTOMER must immediately return TELESTAFF and accompanying documentation to PDSI. (b) CUSTOMER shall not: (i) Modify TELESTAFF and/or merge it into another program for CUSTOMER use except by express. written permission from PDSI. Any portion of TELESTAFF merged into another program following the express, written permission from PDSI will be subject to the terms of this AGREEMENT; (ii) Reverse engineer, disassemble, decompile, or make any attempt to discover the source code or methodology of TELESTAFF, 3. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by an authorized agent of CUSTOMER. 4. Term, This AGREEMENT is effective and binding upon PDSI and CUSTOMER upon the Execution Date as defined in paragraph 3 herein and shall remain in effect for a term of one (1) year, unless terminated as provided herein. On each anniversary date thereafter, this AGREEMENT shall automatically renew for a term of one (1) year, unless otherwise terminated as provided herein. 5. Product Options. The following constitutes a list of TELESTAFF components and associated fees that CUSTOMER does hereby agree to purchase from PDSI available in connection with the use of TELESTAFF. See Appendix A for the definition of TELESTAFF Hardware Components and Appendix B for the definition of Implementation Services, Initial Component ~ TELESTAFF Software License for 200 Staff Members WEBSTAFF - PDSI Hosted Setup and First Year Service TELESTAFF Implementation Services Hardware - Enterprise Server Qty: 1 Total Initial Acquisition Cost Fee $ 24,000 $ Included $ 15,000 $ 5,000 $ 45,000 6. Pricina. PDSI agrees to the fees reflected above in paragraph 5 until September 30. 2006, !?(TisiOI7 7SLA OS/25/0-.f 7. Payments. CUSTOMER agrees that all pricing and amounts due hereunder are based on United States currency and that all amounts remaining unpaid for more than thirty (30) days following the date of the invoice shall be subject to an interest charge at the monthly rate of 1.5%. CUSTOMER does hereby agree to the payment terms for each component. Initial Component B TELESTAFF Software License TELESTAFF Implementation Services TELESTAFF Hardware Components Due On Execution Date Net 30 Days from Execution Date Net 60 Days from Execution Date 8. Travel Expenses. CUSTOMER agrees to pay for all travel expenses related to TELESTAFF implementation and training services as defined in Appendix B. PDSI will pay for travel costs associated with TeleStaff Tuning. 9. Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. CUSTOMER acknowledges that additional training and/or reconfiguration requested by CUSTOMER will be at an additional cost. 10. Annual Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve (12) months following the Execution Date, See Appendix C for the definition of Service and Support. CUSTOMER does hereby acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following events: Initial Event c=:J TELEST AFF - 1 st Anniversary of the Execution Date CJ Subsequent anniversaries during term Payment $ 3,600 3% maximum increase over previous period Should CUSTOMER elect not to renew Service and Support on the anniversary of any Execution Date, CUSTOMER acknowledges that any subsequent re-enrollment for Service and Support will only be accepted by PDSI after CUSTOMER cures the previous lapse in Service and Support by paying PDSI the Service and Support fee for the lapsed periods, In addition, CUSTOMER acknowledges that PDSI may assess CUSTOMER a Service and Support re-instatement fee that will not exceed ten percent (10%) of the Service and Support fee for the lapsed periods, PDSI reserves the right to discontinue Service and Support of previous releases of TeleStaff and WebStaff as defined in Appendix C. 11, WebStaff UsaQe: Access to TeleStaff via the web is provided through the WebStaff application hosted by PDSI. CUSTOMER does hereby acknowledge that on each event and for the fee specified below, CUSTOMER can renew access to WebStaff: Initial Event c=:J 1 st Anniversary of the Execution Date CJ Subsequent anniversaries during term Payment $ 2,080 3% maximum increase over previous period Should CUSTOMER elect not to renew WebStaff access or fail to pay the usage fee specified above in advance the subsequent 12 month period, CUSTOMER acknowledges that PDSI will disable CUSTOMER access to WebStaff. 12. Limited Warranty. PDSI WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH TELESTAFF USER MANUALS. HOWEVER, PDSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE, THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13. Limitation of Liabilitv. PDSI'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES SHALL BE THE REPLACEMENT OF TELESTAFF UPON NOTIFICATION OF REPORTED DEFICIENCIES, IN NO EVENT WILL PDSI BE LIABLE TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY CLAIMS OR DAMAGES, INCLUDING ANY LOST WAGES, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE TELESTAFF EVEN IF PDSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 14, Indemnification. Each party to this Agreement shall hold harmless and indemnify the other, and its directors, officers, employees and agents, from/for any and all liability claims, losses, and/or damages suffered by the other party, arising from or directly related to this Agreement, which is/are attributable to the negligent or intentional misconduct of the other party. 15. Termination. This AGREEMENT shall terminate upon the following events: (a) In the case of an event of default (if CUSTOMER or PDSI fails to satisfy any of its respective covenants, duties or obligations under this AGREEMENT), the non-defaulting party shall have the option to terminate this AGREEMENT. In the event of default, the non-defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty (30) days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non-defaulting party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the default; (b) By mutual consent between both parties; (c) After the initial term of the AGREEMENT, upon ninety (90) days written notice to the other party. 2 Re\"l"siol7 ISLA {j5'25/0-/ 16. Escrow. PDSI will provide CUSTOMER the TeleStaff source code provided that PDSI is no longer in business and that it cannot provide support even though CUSTOMER has remained in compliance with PDSl's Service and Support plan as defined in Section 10 above. 17. Miscellaneous Provisions. (a) Amendments. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the parties hereto. (b) Entire Aqreement. This AGREEMENT, including Appendices A, B, and C attached hereto, supersedes all prior discussions, understanding and agreement between the parties with respect to the matters contained herein, and constitutes the entire agreement between the parties with respect to the matters contemplated herein. (c) Governino Law. This AGREEMENT shall be construed and enforced in accordance with the laws of the Palm Beach County, Florida. (d) Notices. All notices, requests, demands and/or other communications required or permitted to be given or made by this AGREEMENT shall be in writing and shall be delivered by commercial overnight delivery services which provides for receipt, or mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses referenced above. Any party may change its address for purposes of this AGREEMENT by notice in writing to the other party. (e) No Waiver. No failure on the part of any party hereto to exercise, and no delay in exercising any right, power or remedy or partial exercise of any right, power or remedy by any party will preclude any other or future exercise of any other right, power or remedy or partial right, power or remedy. No express waiver of assent by any party hereto to any default in any term or condition of this AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other term or condition hereof. (f) Assionabilitv. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, successors, assigns and personal representatives. IN WITNESS WHEREOF, the parties have signed this AGREEMENT on the day and year first above written. PDSI Bovnton Beach Police Department (CUSTOMER) By: By: Title: Title: Date: 07/20/2006 Date: 3 Rc'\';S;O/l 'f~\'CI 115.'J5/04 Appendix A - TeleStaff Hardware Components Computers purchased through PDSI are manufactured by Dell Computer Corporation. Each computer is built to the specifications required by TeleStaff and includes components necessary to operate the features of each TeleStaff product model. Each computer is quality tested by Dell and is delivered to CUSTOMER ready to operate as intended. Following are the basic features and components included for each TeleStaff computer hardware option: TeleStaff Basic Server . Intel Pentium 2.7 GHz processor or better . 512 MB or greater RAM . 40 GB or larger Hard Drive . 48x CD-ROM Drive . 17" SVGA Monitor . V.90 Data/Fax Modem . Multimedia with speakers and microphone . Keyboard and mouse . Microsoft Windows XP Pro License . Iomega 250M Zip Drive . 4 hours 7 x 24 onsite service (3 years) TeleStaff Telephony Server · TeleStaff Basic Server 12!.ill!.: . 4 port Dialogic Telephony system . Telephony system dongles (4 port) TeleStaff Database Server · TeleStaff Basic Server 12!.ill!.: . Sybase Studio database license (1 concurrent user) · Sybase Client database license (7 concurrent users) TeleStaff Enterprise Server . TeleStaff Basic Server 12!.ill!.: . 4 port Dialogic Telephony system . Telephony system dongles (4 port) · Sybase Studio database license (1 concurrent user) · Sybase Client database license (7 concurrent users) A-I Rel'is-iol/ '1;')'1-/1 .. 05.'25/0-1 Appendix B - TeleStaff Implementation Services Partnership Agreement For the fee specified in paragraph 5 of this AGREEMENT, PDSI will train CUSTOMER staffing administrators on the operation of TeleStaff and will train CUSTOMER on how to configure the TeleStaff system using CUSTOMER data. The following steps comprise the TeleStaff Implementation services: Hand-Off: During this internal phase, the appropriate PDSI account representative transfers information on the CUSTOMER to the PDSI Implementation Manager (1M). The 1M is a project manager who is responsible for coordinating all activities necessary to implement TeleStaff for the CUSTOMER. During this phase, PDSI will send the CUSTOMER an Implementation Welcome Packet containing an overview of the Implementation Process and information on how to prepare for TeleStaff. Kick-Off: During the Kick-Off phase, the 1M and CUSTOMER hold a conference call to review the Welcome Packet, to establish CUSTOMER contacts required by PDSI during the Implementation Process, and to set dates for training. Preparation: During the Preparation phase, the 1M and CUSTOMER will hold a conference call to review TeleStaff data fields, to instruct the CUSTOMER on how to use the data import tool, and to instruct the CUSTOMER on how to analyze and document their staffing rules, Also during this phase. PDSI provides the CUSTOMER with the necessary installation documentation and ships the TeleStaff hardware to the CUSTOMER. Training - Module I PDSI will provide audio/visual presentations to review TeleStaff end user features, The presentations correspond with the Module I training manual. The project team must review presentations prior to the Module II training class, The audio/visual presentations can also be used as a resource when the CUSTOMER provides user training. Training - Module II The Module II training class covers TeleStaff staffing features, This class is a pre-requisite for configuration training. The class is offered over the Internet or at PDSI's training facility in Orange, California. The CUSTOMER may select the option that best meets their needs. Option #1: If the CUSTOMER chooses to participate in the Module II training class via the internet, the CUSTOMER will need to set up a training room so that each person has their own computer with the TeleStaff training database loaded. This allows for effective hands on training. The duration of the class is 7 hours and will be covered in one session. Option #2: The Module II training class at PDSI is held each Friday, The CUSTOMER may elect to participate in the Module II training class the Friday prior to the 5-day configuration training class so that attendees only need to make 1 trip to PDSI. The class begins at 9am and ends by 5pm, Training - Configuration The TeleStaff implementation includes 5 consecutive days of configuration training at PDSI's facility in Orange, California. The configuration training will be done on the CUSTOMER'S database, The 5 days of training at PDSI is limited to 2 staff members. PDSI recommends that CUSTOMERS send staffing and business rules experts to the training, The class begins each day at 9am and ends by 5pm, Training - Tuning PDSI will provide a 2-day training class at the CUSTOMER'S site. The purpose of the class is to fine tune the configuration after the CUSTOMER has gone Live with TeleStaff, The CUSTOMER determines the agenda for this TeleStaff Tuning class, For information on additional advanced training courses offered by PDSI, please contact your TeleStaff Implementation Manager or your Account Executive. B-1 Appendix C - Annual Service and Support All Software Errors reported by CUSTOMER shall be resolved as set forth below. Initial response by PDSI will be based upon CUSTOMER's full description of the problem. Resolution response will be based upon the priority assigned by PDSI as defined below. If CUSTOMER determines that a Software Error exists, CUSTOMER shall notify PDSI by telephone. Telephone notification will be made to PDSl's support line at (800) 850-7374. "Normal Business Hours" are 8:00 AM through 5:00 PM (Pacific Standard Time), Monday through Friday, excluding holidays. The main support line will be answered either by an attendant or automated attendant at all hours. During Normal Business Hours. each trouble report will be assigned a Help Desk Log Number. The Log Number shall be used for all subsequent inquiries relating to the original problem, During Normal Business Hours. the attendant will ring the TeleStaff Support Department and the call will be handled according to the priority assigned by PDSI. In the case of priority-one problems, as noted below, CUSTOMER may be able to speak directly to a TeleStaff Support Representative if one is available. Outside of Normal Business Hours, Priority 1 support, as described in this appendix, will be made available through a pager system. The phone number is 800-850-7374, Priority 1 support is available 24 hours per day, 7 days per week to CUSTOMER's with LIVE status, All other problems will be handled on a callback basis. If requested or so stipulated in the response time criteria below, a PDSI representative will return the call in a manner consistent with the priority and order in which the call was received, CUSTOMER shall make every effort to respond to PDSI in a timely fashion when requests are made to follow-up calls or additional documentation on the reported problem. Priority One Priorities are assigned as follows: Hours of Availability: Description: Initial Response: . R~~.()lution.Re:;p.on.se: Notification: Priority Two Hours of Availability: Description: Initial Response: Resolution Response: Notification: Priority Three Hours of Availability: Description: Initial Response: - > ~. Resolution Response: Notification: 24 hours/day, 7daysJw~ek A critical software error that severely impacts the ability of CUSTOMER to perfonn ALL automated staffing functions (TeleStaffis down). This level of priority is only available to CUSTOMER's that are usin.g !~I~~taKfiJl. <1. 2~<>..'!~~!i<>'Jl.eJl\'.i!<>'.Jl~~Jl!..(!:-!!'.~.<1~.~~!!Jl!s....Q1"l.!:Xl... .... ...._.............._....__..._......~...__.._. ... . During Normal Business Hours, immediate response if a Support Representative is available. Otherwise, PDSI will respond with a call back within one hour. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back within two hours. HC'"' '"H_ _>__,_ ,_ ,^~ ~ ._._~_______.,~._..'^._~ ..~_~'"_____^~^_.._.^. _._.___..m._.~~_, ." _~_>',_____..._.M~.~__'..__._~_.___.^ ,o~,."..___"._.,._"_"".__^_,.___,_. _.,_"..._....,._u__~___.__. ^ '. ._.~....____________._____.~__,_'__ '~__''''._. .,.~ "'.'2~.LwiILY!.()rI<_!l.99.r~s.sj:v~Iy_!<:>.fl.~.():v~~_g.~~!..Q~.~ Y!!!!J.~"Y.Er.~~.<:>~!l~_~<:>~l!.!i..()n..<:>E..tg_c<:>.'!!pl~!~~E~~I:v~_!~_e_proE.l.~,.:_.... It is the responsibility of CUSTOMER to alert PDSI of a possible Priority-One issue. PDSI will update CUSTOMER of progress frequently during problem resolution and notify CUSTOMER once the workaround has been provided or the problem has been resolved. Monday through Friday, 6:30 AM to 6:00 PM, Pacific Standard Time, A non-critical software error, which prevents the user from performing a data entry or system administration function. These do not include cosmetic. documentation, or reporting problems, These also do not include questions or inquiries regarding the operation of the software or its installation and training. During Normal Business Hours, PDSI will respond with a call back within three hours. Outside of Normal Business Hours (including holidays). PDSI will responciwith acall backthe next business day PDSI will provide a workaround for CUSTOMER when possible, PDSI will provide a problem resolution in the form of an Upgrade or modificatioll.to the Software in an upcorninglJPdat~:.. .. PDSI will notify CUSTOMER when a workaround has been provided or the problem has been resolved. Monday through Friday, 6:30AM to 6:00 PM, Pacific Standard Tirne, All other software or documentation errors not described above, These include but are not limited to: . Reporting errors or calculation problems . Documentation inaccuracies . Cosmetic issues Misspellings . Product Enhancement requests Questions or inquiries relating to TeleStaff Software functionality, system administration or installation PDSI will respond to these items if specifically requested to do so at the time-of the request. If a replyisrequesled, . ",,?S I "Yilt resp()llci"Yith!n... an .a\l~~a.9~of!'o"~llty-f()ur (2<12hgur_s. ~u_riD.9 _1'-I()f!T1Ci_I_~lJsiness Hours. PDSI will correct docum~ntCiti()nerrorsin.llpc.c>rning .releasesofthe docurnentati()n. If requested, PDSI will notify the CUSTOMER when a workaround has been provided or the problem has been resolved, C - I FW: Telestaff agenda item for 9/6/06 Commission meeting Page 1 of3 Prainito, Janet From: Lejeune, Carisse Sent: Tuesday, August 22, 20064:23 PM To: Prainito, Janet Subject: FW: Telestaff agenda item for 9/6/06 Commission meeting ...and here is Peter's comments. Thanks! cmb From: Wallace, Peter Sent: Monday, August 21,2006 1:33 PM To: Katz, Jeffrey; Swanson, Lynn; Lejeune, Carisse Cc: Immler, Matt; 'Kathryn Prancevic'; Hawkins, Wilfred Subject: RE: Telestaff agenda item for 9/6/06 Commission meeting After speaking with Lt Katz at 10:30 am today, I followed up with the City of Tallahassee and Seminole County regarding the technical administration and client operation of the Telestaff system. I had a lengthy discussion with the CIO of IT for the City of Tallahassee and Doug Furrel, the Telestaff Administrator. They provided positive feedback in the implementation, administration and maintenance of the system. They did confirm that the technical administration duties would require 1-2 hours per day after the successful installation of the system, Therefore, the PD department should expect this level of work detail within the PD administration or technical staff, Based on this understanding, ITS is giving their approval of the system. Peter Wallace ITS Director City of Boynton Beach From: Katz, Jeffrey Sent: Monday, August 21,2006 12:18 PM To: Swanson, Lynn; Lejeune, Carisse Cc: Immler, Matt; 'Kathryn Prancevic'; Wallace, Peter Subject: FW: Telestaff agenda item for 9/6/06 Commission meeting Here is a copy of the revised contract. Thank you for your prompt attention. It looks like we are a go as soon as ITS does their magic. The Chief and I are very grateful for your swift attention to our needs. Respectfully, Lt. Jeffrey S. Katz Professional Standards Division 561. 742,6194 office 561.742.6185 fax 8/22/2006 FW: Telestaff agenda item for 9/6/06 Commission meeting Page 2 of3 From: Kathryn Prancevic [mailto:KathrynPrancevic@pdsi-software.com] Sent: Monday, August 21,2006 11:31 AM To: Katz, Jeffrey Subject: RE: Telestaff agenda item for 9/6/06 Commission meeting I have made the change and it's attached in the new agreement! Keep me updated. Kathryn From: Katz, Jeffrey [mailto: KatzJ@cLboynton-beach.f1.us] Sent: Monday, August 21,20068:11 AM To: Kathryn Prancevic Subject: FW: Telestaff agenda item for 9/6/06 Commission meeting Can you make the change and send it back... this bad boy is going to commission! Respectfully, Lt. Jeffrey S. Katz Professional Standards Division 561.742.6194 office 561. 742.6185 fax From: Swanson, Lynn Sent: Monday, August 21,2006 11:09 AM To: Katz, Jeffrey Cc: Immler, Matt; Lejeune, Carisse Subject: Telestaff agenda item for 9/6/06 Commission meeting Jeff - Jim reviewed and the item is ok, except... Paragraph 17(c) states that the Agreement is construed according to the laws of California, It must be corrected to say Palm Beach County, Florida. Once it is corrected it is ok to go forward, Lynn Swanson Legal Assistant City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 8/22/2006 FW: Telestaff agenda item for 9/6/06 Commission meeting Page 3 of3 (561) 742-6053 (561) 742-6054 - Fax 8/22/2006 1 RESOLUTION NO. R 06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING THE CITY MANAGER TO 6 EXECUTE A TELESTAFF LICENSE AND ANNUAL 7 SERVICE AGREEMENT WITH PRINCIPAL DECISION 8 SYSTEMS INTERNATIONAL FOR THE PURCHASE 9 OF A TELEST AFF COMPUTER BASED MANPOWER 10 TRACKING AND NOTIFICATION SYSTEM IN THE 11 AMOUNT OF $45,000.00; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, upon recommendation of staff, the City Commission has determined 15 I hat it is in the best interests of the residents of the C i ly to approve and to authorize the City 16 anager to execute a Telestaff License and Annual Service Agreement with Principal 17 ecision Systems International for the purchase of a Telestaff computer based manpower 18 racking and notification system in the amount of $45,000.00. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 eing true and correct and are hereby made a specific part of this Resolution upon adoption 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 25 ereby approve and authorize the City Manager to execute a Telestaff License and Annual 26 ervice Agreement with Principal Decision Systems International for the purchase of a 27 elestaff computer based manpower tracking and notification system in the amount of 28 45,000.00, a copy of which is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. : \CC\WP\Resolutions \2006\ T elestaff. doc 1 PASSED AND ADOPTED this _ day of September, 2006. 2 3 CITY OF BOYNTON BEACH, FLORlDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor ~ Carl McKoy 10 11 12 Commissioner - Robert Ensler 13 14 15 Commissioner - Mack McCray 16 17 18 Commissioner - Muir C. Ferguson 19 TTEST: 20 21 22 ity Clerk ~~ 25 Corporate Seal) :ICCIWPIResolutions\20061 T elestaff.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlV... VI.-CONSENT AGENDA ITEM D. D Announcements/Presentati on s D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ D - . Consent Agenda Legal .' D D Unfinished Business ) --, '" Code Compliance & Legal Settlements ',> D D ") Public Hearing RECOMMENDATION: Motion to approve full release of surety for the project known as Premier Gateway Center at Quantum (Lots 73A-76 - Quantum Park) in the amount of$157,412.00, and return of the performance bond number SUR010158 from the Lincoln General Insurance Company in this amount to the project developer. EXPLANATION: The Premier Gateway Center project established a performance bond with the City to guarantee the installation and satisfactory operation of the water and sewer systems serving the project. All of these utilities have been installed and have operated as expected throughout the one-year warranty period. The surety may therefore be returned to the developer (Premier Commercial Realty at 2100 Park Central Blvd. North, Suite 900, Pompano Beach, FL 33064, AUn: Director of Site Engineering). PROGRAM IMPACT: None FISCAL IMPACT: None ,~~ ~:'~re Department Head's Signature UTILITIES Department Name xc: ~peter Mazzella (w/copy of attachments) Chris Roschek " Mary Munro, Finance Dept. City Attorney File SIBULLHIN\FORMSIAG!:NDA ITEM REQUEST FORM. DOC BOND ftSUROl0158 JXHIBrr HN,.3" (I,..t)R.. Owp. 7. Art. 1. Sec. 3..B.) (LDR, Chap. 7.5, Art. II, Sec. 7.) PBRPORMANCB BOND I KNOW ALL MBN BY THESE PRESENTS: That [I] [we], Premier Gate.waY qenter,.at Quant1.llll LLP I hereinl.ftc call PlUNClP.A.L.8ZId. Lincoln General Insurance COInoBJ::lya JU:nRy COJDpIlDY &uthorlzlSd. ~ do 1msia=n in tho Srate of Flozida, h~ re&m4 tl. .. stJlBrY. are 'bald 'Bn4 th!nIy &o~4 UDf13 tho City ot :Soyntrm l3Cla-A Ii' cU 011 gflhe S_ of FIar1~ ~ called CITY, the fiUl muSjultaum of . ~!~. S. Doll an (S~5y,4l2:0(J lawti.LlJ:aDzzey oltO t.JDteeQ Sc:au:s at Amerioa, to bo paid tx:I the City ot'Baynton Be&.c.h. fa whi=h pl.)'DIent will and tniJY bo mlds, W~ bind. ouraelYea. our hllin, BPDWCrR, sdraiDiatntona. supceuanl IIhd ..ism. JoiJ#ly and .evon.ll)', fi%m!y 'by theles prelsfli [WHBRBAS. tU abg"" bouad PRINCIPAL hu raceiwd C'Dmval from the CITY far the! rooording af a certam. abdi'4riliOll plat IcDaMl sa See At tl:\<ibed-. Vetbage A . aM .v.ch r~ is priCll' to ~pl.etiCll or ~DI"l:rUctiOl1 of thIl Required ImpzoVODl_tl, as prelKlribld by tbe . Subdivision. PJ'~ IIId R.equirad. liDpra~lI!ftbl Regu1aticras, Cbaptars 2.S. S 8Dd 6 m'P.ctlv,ly oftha l'..aU .DcNclopmaDt RaggltD:ioD' aftfbt City ofBayntoXl Bead1. ~ ~ lUiGOLA TIONS. pe:t8illUt.g to said flUbd!vJldon;] at ~, U:lI uove hQ~d PRINCIPAL bn rl!l.l=eived. approval fmfQ the CITY for th~ . CC:iDBtriJetl.on ofa ~ ]3Ojcsct known u c .see Attached Verbage B ~ Qd Such' projact ahaJlcomtruct and initsll th~ required publi~ impn"'am~rms 10 aupp'crn this PnJjllQt plm!Wmt to the tCll'mB bE thIS PClnDitJ aDd WBBaBAS, PRINCIPAL has bem i.IUCld t'blt ~n,[J1ast~r g:::r;pti,t__v_ PDrnlit] , [Land DeveJopmec.t Pomtit] Nga1b~ Att:achrl ,~ tha PBRMlT, fat' COD&tructiou of saic! R,aquired Impto"ll'amenta. a copy of'vibi:eh is a~c:I hereto acS by mt<<cmoe made II part hereof; aDd WHBRBAS, it WI' ane cftlul oandlqoIl& of'sud. UOULA'IIONS Md p~ that thil bond be exl!lGUteci. NOW, 'IH.imEPORB, tho dC%lditio2U of' OUt obli.pOon iII"C VUl:Ih rbat'if the abav. bou.tld P1UN'ClP.hI. KhaU in al1 nsp=r,r:omp1y or GBWle ac-r to Qatnply with tJuj tBt1t2S and. oondiuans of laid PERMIT. within thlll ti=e Ipooificd~ and .bllll ~ every 1:'ClIpeOt ftIUi11 {its][his][har][tbcir) obIis.ticB ~uncillr aDd UlII:!<< the p1a.as thm-cin re!errll.J t\'J. ~ this obJiption to be. vaid; ~el it ~~ remain in filII forae and ~flect. . , P.,~ 1 0(4 ~ SOND PREMtUt.;1 BASElJ O~ f:1NAL CONT~CT PRICE - Thl:l PlUNClP AL aM CITY agree that the City Baiin=- Ulay, = writia,g. reduce the initial :anIOUDt Itusd <<hove ill lU:oordaDce 'IIIith ~ :req\1iN1x1=tJ of laid RBGt.1L.A TIONS. Tbast1R.BTY 'UNOONDffiONALI.V COWNANTS AND AGR:B.BS thatiitha PlUNCIPAtr faill CD pllffbmlaJJ ~ IIXI)' pEQt Q.fthe OQ~IItnICldtrD wo~ r=quJ.rad. 'by Ilfd PBl:M1r me! RBGtJLA.TIONS witbiD. the time specified, rb.e SUUlY, upcA tbhty (30) uy. Written nof.ice.== the CITY 01" iiB alJt.hDdzed &,gO'Dt or o.6iaa:. of the defanlt, to tb. P]lJNC3PAL Dr Jts au1bOzizccl-asem Dr officer, wiIJ fbrthwUh plldhtm. U1d complete tho afarcuid cDDI1:1,1otiOJ1 ",ark and pay lb. coat ClIl'eo( iaeludfng. h~ WIt limitDd m,BI1smaadft& 10&'11, -1I1d conlinlont CO!1I. ~pChar v.;th_y ~... ClStbllr cUret:t otoans.,._Id, Ihoukl the stT.R:aTY _ fidJ Or re&i. Eo l'mrtbrm and aompl* the saidimprovam-. CITY, in vi... oitha public inusr.t. health, Jliety md weUire faCr.aPlla.'Val~ed Imd. the UufuDDmClD,t in &PJ2'EaviDg adSllnI fAa i!Lfd pial, ~alI have t1u!I_ dpt.fa rarlart EO--IC.O'.lZ1d - ~I.~ zeml!diesa~-t211:1 !'It.INClP AL mitior StJQlY~ C1l'both iii IMP - ill eqUity iDclu.c&g ~it1caUy th., l,peci= pertbmwlce, to which 1bcl PRINCIPAL and 8tJRETY ua~tiaDaDy agree. -The PR1NCIPAL AN.D StJ'RBTY FOR.'l'BBR. 1000000Y AND SBVBR.ALLY-- AGMB _ bt tb.. ClTY~ ~ 1rJ cptl=, &a.a1J ,.'V~ I;be ri8b~ toGaiuJtrU,Ct or. p~ 10 pU&uCl 8Ilvds==lit . md: -receipt at 'bida., aavse .., be cODllnlemd rho d:m::U1d iri1pravemeatll m. ""0 the-PRINCIPAL should tail or'retbse to cJ.o 80 in BCcotdm:1oe \Vitk ~ talmS of laid PBRMIr. In the ova Cln' .haWd euroiao IIJ1d giVa cffbct to mch ~ !he P.lUNCJPAL aDd StJR.BTY' fb&1I 'De joim1)r and sevmaIly Ila&te herelmde:r ~ t'IDi~ tho 01TY' tIm fetal coft ~ iao'l'w:Una but DOC 12mitaC to. ~ Ispl,. a:ul' CClttiDpat atJ08. topfbDr w.ifb ~ rLm..,., ...... direct cr ~I ~ may bo iUlt8&1ad au aaClcnmt cttQa ~ tit t2Y JIlUNCJPJU. ta 1:Bn'f out and ex&lCIIItJ .n ., abUpUcras ltIr COlWwatian at' R=qDha:l Imp%DValDcmII .pumumt to the MGtJ%.ATXON'S 1ft4 PBRMlT.. - . . INWITNBSS w:B:B'R:BOF. tbePlUNCIPALhu exllCuted tbssspresent. ib:is~ day af' July r 20 04, ' (COUOR.ATE SEAL) PrEmi.er Gatet.Hy CEnter at Q.Entun liP (a. Floridn lic=Ied 10 BY: A Managing Partner . ~~ "'Of' _. L.-. (lmprsnonab1= ~cmtClr&tD sesJ) P4~ l o! 4 pagc.B ADDRESS: STATBOF rTld/ZI/J!J ) COUNTY OF ItIrltn1 'r tJ4'P E ) .--' .J / . /- , r ar~ BEFORE ME personally appearedJd~#Z.~V.n C-.bP/nJfeOl1i who is- personally- known to mc,far has produc~_~= ,_ ~__ idcmtifiOatio~ ~ who ex~JJed the foregoing instrument as [~ {ofl're~Lfjlth wl;y-,C&t:kr. a Dlc~mtldn, and sevenlly aolmowlodgcd to and be1im lDO lhat [be]~] _u eoiited BUCh ~ u such olllcer of said corporation, and that the seal atfixed to the foregoing instrument is the corporate seal of ,said corporation and that it.waa affixed to ilUd instrument by due and regular corporate authority. and that instrument is the free lOt and deed of said corporation. WITNESS my hand and official seal this K . 20.!2::f. ~. 0 ~- My_commission- expires: ~ i\. Ana M Hemendez ;.~; MyCommllllonOO188112 "'Of...' expires April 21, 2007 (Seal) -OR- (INDIVIDUAL PRlNCIP AL) WITNESS; BY: ' ADDRSSS: - , (SURETY SIGNATURE BLOCK) WITNESS: ~#~'-V- ~~ I ~ ~~ a Insurance Company SURETY / ~ (typed name) its attomey..in-f~ot (power of attorney must be attaohed) Burton Harris, Attorney-In-Fact & Fla. Resident Agent #A1ll883 Page 3 of 4 pages ADDRESS: 10131 S. W. 40th St. Miami, FL 33165 STATE OF /70/2;))/-7 ) COUNTY OF 2)/7})e ) BBFORE ME persooally appeared !lurtQn Harris wbo[is][pre] penon~lly known to me or [has][bave] produ~ nersQnallv ~ . respectively]. as identification; and who executed the foregoing instrument. and 'acJcnowledged before me tMt (he][she][they] executed said instnunentfor the purpose expressed therein. Wl'INBSB my hand andofJicial sealtbii. &th BARBARA K. BATES Notary Public, State of Florida My comm. expo Aug. 29, 2005 Comm. No. DO 047nO day OfJul v . 20-:..QA . A ~------ /.1- /gR!~ Notary Public (Seal) My corrunission expires: hge 4 of 4 pages Verbage "A" (subdivision plat known as) A portion of Lot "74" and all of Lots "75" and "76" Quantum Park @BoyntonBeach P.I.D., Plat No.7, as recorded in Plat Book 57, page 194, of the public records of Palm Beach County. Legal Description Bldg. 8 (95A) All oflots "73-A" and "73-B", Quantum Park at Boynton Beach P.LD., Plat No. 11, as recorded in Plat Book 60, page 37 and a portion of Lot "74", Quantum Park at Boynton Beach P.LD., Plat No.7 as recorded in Plat Book 57, page 194, of the public records of Palm Beach County. Verbage "B" (project known as) Premier Gateway Center at Quantum LLP Verbage "C" (Land Development Permit Number) Building 8 (95A) 03-2894 Buildihng 9 (95B) 03-2896 SUROI0158 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint: Burton Harris, Christine Marshall Harris, and Marina Mercedes Ramil its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOL VED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4th day of September, 2002, RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed, The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WI1NESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed, and these presents to be signed by its duly authorized officers this 4th day of September, 2002. - Attest: _____ ~-- o.ry~~ - The Commonwealth of Pennsylvania York County On this 4th day of September, 2002, before me personally came Gary C, Bhojwani, to me known, who being duly sworn, did depose and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the sai . . , nd the same was his free act and deed. The Commonwealth of Pennsylvania York County I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania dci hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force, IN ~ItNESS WHEREOF, I have hereunto set my hand ~5a~xed the seal of said Company, at York, Pennsylvania, t d.yof July , . ~ ~ ill, S retMy this -- J:.,f1u:olit ~ .. .. ~ PhDM 7V-757-<XYXJ FAX , 7V-7S1.fJUS .Jnsuratu:e.'~ ~ 3350W1dt4ordRd..P.O.BoxJ709, Yori;.81. 174(J2.{)!36 TERRORISM RIDER NOTICE -FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'l 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 Citv Clerk's Office D August I, 2006 July 17,2006 (Noon,) D October 3, 2006 September 18,2006 (Noon) D August 15,2006 July31, 2006 (Noon) D October 17, 2006 October 2,2006 (Noon) ~ September 6, 2006 August 14, 2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) NATURE OF AGENDA ITEM D AnnouncementslPresentations D Administrative ~ Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D Unfinished Business D :'7":'l _ J C-" -'''' ',.. ' ..--- rTI ,-)~. RECOMMENDATION: Motion to approve the sole source purchase of one Apella Video Server System from Videotechnics, Inc. at a cost of$39,675,OO. EXPLANATION: Procurement Services received a request from the I.T.S. Department to purchase an Apella Video Server System for a total purchase price of$39,675,OO. PROGRAM IMP ACT: To broadcast quality programs across the City of Boynton Beach PEG channel, the City needs to acquire a video server that will serve as the central depository to translate digital and analog signals to the PEG channel. To accomplish this task, I.T.S, found that the Apella Video Server has the most comprehensive features and software in a single component to meet the highest broadcast quality in the government PEG channel industry. By acquiring the Apella Server with storage capacity to accommodate 1.6 TB of data, and the scheduling of software installation to provide seven days of automatic program schedule, this integrated unit will eliminate the need to purchase additional equipment to provide the same service. FISCAL IMP ACT: Funds are allocated in the FY 2005/06 budget as follows: Account Description Adelphia Grant - Computer Equipment Account Number 105-3415-513-64-15 Budget $ 39,675.00 *Price includes Server, Software, Media Storage Upgrades and Training Cost ALTERNATIVES: Not to purchase the Apella Video Server System which will require the City to purchase additional equipment from various sources to accomplish the same service at a higher cost. Procurement Service City Attorney Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH INFROMATION TECHNOLOGY SERVICES August 4,2006 MEMORANDUM TO: FROM: CC: Cathy McDeavitt CC: Wilfred Hawkins SUBJECT: Video Server To broadcast quality program across the City of Boynton Beach PEG channel, we need to acquire a video server that will serve as the central depository to translate digital and analog signals to the PEG channel. To accomplish this task, ITS investigated several video mixers and found that the Apella video server has the most comprehensive features and software in a single component to meet the highest broadcast quality in the governmnet PEG channel industry. By acquiring the Apella server with the storage capacity to accommodate 1.6 TB of data, and the scheduling software to provide seven days automated schedule, this integrated unit eliminate the need to purchase additional equipments to provide the same service. Since this unit is a unique solution offering the all in one video media server, a sole source letter from Video Technics accompanies the justification of this purchase, Money was allotted as part of the Adelphia grant. Please let me know if you need additional explanation. Olit. 5/16/2006 Customer: Company: City of Boynton Beach Contact: Berry Brandenburg Address: 100 East Boynton Beach Blvd. City: Boynton Beach, FI 33425-0310 Phone: (561) 742-6872 Fax: Proposal - Detailed Product Descriptions 1"'""\ t' '-.../1'1., , {':TECHNICS Go Digital. Go LIVE LD Video Technics Inc. Four Executive Park East. NE Suite 450 Atlanta, GA 30329 ph. 404-327-8300 fax 404-327-8831 :Terlns TBD SalesperSon VTD ~ apella- ~",odoclofV.olO rr/;mlr5,1JI(: . flow- n,.,u, ~~Wl1oom .J'lII:lJ<lUl'Ilbilr . .( "(',"..: PrQdUct I)~Dtron ,.' . :. -cc UhlfPrlce' I 'on;: Extend8(!l>rloa ... Ingest / Plavout <<<<<<<<<<<<<< Aoella INGEST / PLA YOUT Servers >>>>>>>>>>>>>> ASDS-12(3) Apella™ SDS Standard Definition Server; 1-IN /2-0UT (3-Channel System) 26.995.00 1 26,995.00 Playback DVCPRO, DVCAM, DV25, DV50 MPEG-24:2:2P@ML-I,IP,iB, IBP and up to 50 Mbps. YUV Uncompressed 4:2:2 10-bit or 8-bit SD ======= BASE SYSTEM DESCRIPTION ======= System Hardware: 3RU Chassis; 460-WATT Dual Redundant PIS Dual-Core Opteron Processor; 2 GB Memory Dual 80 GB System Drives (Mirrored OIS) Dual 10/100/1000 Ethernet LAN; DVD+R1RW PS/2 Keyboard and Mouse System Software: Windows XP Pro Operating System Apella SDS server engine Database Service - central database Database Manager - local processing for database Core DDR Engine - local processing for A I V Apella Client - standard local user interface I-year software updates included Internal Storage: 800GB internal swappable media storage at RAID 0 (Storage is configurable to RAID level 0,1(10),3,5,6, and JBOD) MLCS-1600-01 Apella™ LCS Media Storage Upgrade; 1.6 TB@ RAID-O 4.995.00 1 4,995.00 Price when ordered prior to shipment (svstems shio with std. 400GB) ", Software <<<<<<<<<<<<<< VT SOFTWARE ADD-ON PRODUCTS >>>>>>>>>>>>>> aps-015-01 Director: VTTM Director Software 3,995.00 1 3,995.00 allows users to connect to all available Apella VCS channels on the network for simultaneous control and playback from any Windows 2OO0/XP system on the network, including laptops. Users can remotely record, play, stop, and recue events quickly from any Apella Director. <<< - >>> <<<<<<<<<<<<<< - >>>>>>>>>>>>>> Subtotal 34,985.00 CM-VCSNF Commissioning (per day) Apella™INewsFlowTM 1 ,200.00 1 1 ,200.00 Date: TBD Travel Expenses will be billed separately. TR-OS-AVCS On-s~e Training (per day) ApellalNewsFlow 1,245.00 2 2,490.00 (min. 2-day course is recommended) Date: TBD Travel Expenses will be billed separately. Trainer: Requestor: Customer Name: Attendee[s]: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL $ 39,675.00 1 of 1 ~ '--/ T TECHNICS :"nUi':~:(t';;:U[:i\Ji~ 1\:1:, ;~,;:',l'j ~>iH~.,; /~;}iJ : ; ;~~" ; _ ""~ :':"i RE: Sole Source Supplier, Non-Bid Item Certification To Whom It May Concern: This letter is provided to certify that Video Technics, Inc., a Georgia-based corporation headquartered in Atlanta, Georgia, USA, is the developer, manufacturer, and sole-source vendor of the following products: The Apella™ Media Server product line and other turn-key hardware/software products including: Apella SOS Apella HOS Apella LCS Apella ASI Server VTTM Media Exchange Server VT DB Server Software applications including: VT Director VT Scheduler VT Proxy Browser VT Proxy Editor VT Adobe Premiere Pro Plug-in VT Final Cut Pro Plug-in Special software features in our applications that are unique and integrated into the Apella SOS system include but are not limited to the following: 1, Supports a mixed media database of recording and playback of DV and MPEG-2 files up to 50Mb/s. 2. Provides 60 database fields (14 user-definable) for media asset management. 3 Supports input of database information during recording of the file. Database information stays with the file (regardless of the file's location on the network) for lookup and retrieval. 4. Supports full Vertical Blanking Interval for closed captioning - playing and recording. 5. Supports PC and MAC Non-Linear Editing file transfers for faster than real-time exports into our Apella system without transcoding. 6. Automatically creates low-resolution proxy files that can be viewed on desktop computers anywhere on the network. 7. The Apella SDS comes standard with VT Proxy Editor and VT Scheduler applications. Video Technics, Inc. holds all rights to the source code and holds the exclusive right to establish pricing, make changes, provide technical support, and provide delivery of the above named products. Any persons engaged in the act of marketing, advertising, and/or selling the above named hardware and software products must have the expressed written authority to do so as a direct agent for Video Technics, Inc. Any unauthorized representations are not recognized as valid. If you have any questions or require additional information, please contact us at: Video Technics, Inc. Four Executive Park East, NE Suite 450 Atlanta, GA 30329 404-327-8300 sales@videotechnics.com Sincerely, yt~.A:Z;;/~ Charles A. Tuggle, III Vice President Sales and Marketing fJ!-lOj!J:: "-~fJ<..:.r?l,(:jJGO {~l^~ /~U4.:r~ I.bH:~ I ~N\J\1tN, vi deu tl.;G il i\ j G~'i. cn In .~.. CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 9-Aug-06 Requesting Department: I.T.S. Contact Person: Peter Wallace Explanation for Purchase: To broadcast quality prgram across the City of Boynton Beach PEG channel, we need to acquire a video server that will serve as the central depository to translate digital and analog signals to the PEG channel. I Recommended Vendor VideoTechnics, Inc. I Dollar Amount of Purchase Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source [U Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account # 105-3415-513-64-15 Adelphia Grant (Computer Equipment) Approvals: LJ Department Head ~ Purchasing Agent Asst City Manager City Manager if- @32.-L.-- Date Date Date Date , 1')/ vc. I Form Revised 02/01/02 r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO~u VI.-CONSENT AGENDA ITEM F. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) D October 3,2006 September ]8,2006 (Noon) D August] 5, 2006 July 3], 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) [8J September 6, 2006 August ]4,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6,2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business ., ,-;'" - I ,'; D Public Hearing D ~. ~'--">> . J RECOMMENDATION: Motion to approve the release ofa cash surety in the amount of$l,OOO.OO (One Thousand Dollars and No Cents.) EXPLANATION: This surety was posted by Butters Construction and Development in connection with the Coiltronics project. This surety was posted as required by the Land Development Regulations for restoration that may have been needed for Excavation & Fill (Permit # 99-3613.) All excavation and fill work was completed and accepted by the City 4/11/00, and the warranty period has expired. PROGRAM IMP ACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from.) N/A ALTERNATIVES: N/A ~C'M~ lty anager's 19nature Public W orkslEngineering Department Name OHL S:\Engineering\Logan\Sureties\Agenda Request Coiltronics 08] 106.dot "-- ~' I) . . l_ ""-'~ DEPARTMffiNTOFDEVELOPMENT MEMORANDUM ENG 99-109 TO: Diane Reese, Finance Director Nancy Byrne, Acting Director of Development JJ ~ Ken Hall, Engineering Plan Check Inspectorffechnician ~ August 17, 1999 THRU: FROM: DATE: RE: COILTRONlCS, INC. - PERMIT #99-3613 RESTORATION SURETY FOR EXCAVATION & FILL WORK Attached please fmd Check #013259 issued by NationsBank in the amount of $1 ,000.00 from Butters Construction and Development, Inc. This check represents surety for restoration, if needed, in connection with the above referenced excavation and fill work. It is to be returned upon satisfactory perfonnance and final site inspection. KRH/ck Attachment: Check Xc: Perm!tfi~~. . . . 4o. . . .. . . '~'-'-- --.._- '. .-...-.---._._..u..__ .._ ._. __._. __._.._. '''a'~'- ~...''':, . '.~"J"" """.,<'-0 d ~.., ....;' C.<,~::'~ v~~2~~~:fe!~i:~~~ BOCA RATON. FL 33487-8226 '>\'!'P.HON'E::"5aT"241 "~.:';:Y;<\i)jJ;',:' . .,.';~:} ~~:'~.:r~';,'" ;:>~.; :.,::A',~:'~'r~t:,,--:;~ ,.:.{,,~~;?' T )Ct.:- ..",NatIonsBank . . ,... .. >., ."., ,Hltlol'l'8ililrCc,st~... Connectlo:n; ",,,,> ..,"" :.,' ...~.<64-12781811 t/'N8~Itank..N.":'!SolJlh)t .' ;;'" AI1anf&. Dekalb Cpun~(Georgf~, '" ", ","'c' ;/ {J.132'S. .9 -.', . ", -:::\ l . -:~. ",,=.,.,. ,^~,~::.;. '.. :"..:',;,..;;, :';";;' :;-~(\:<;:>/, ., .' . ...'.. . ',,., ;;,*c,,!/~ *~* * *'9~,E: i'!\H,~p~AND,:'b,p'.LL'A<&~,,' ** * *~1* * *'*'** * ~.. :~ ...~ "I 0 ~ 3' 2 5 Ii "I .: 0 b . ~ ~ 2 ? 8 8': 3 2 q C:\My Documents\Coiltronics, Ex. & Fill Restoration Surety. doc .C1(. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM G. 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 August I, 2006 July 17, 2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) D August 15, 2006 July 31,2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) ~ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business -r~ -, .-, ,'1 D Public Hearing D RECOMMENDATION: Motion to approve the release of a cash surety in the amount of$21,115.00 (Twenty-one Thousand One Hundred Fifteen Dollars and No Cents.) EXPLANATION: This surety was posted by Brighton East Lake in connection with the Cedar Ridge subdivision. This surety was posted as required by the Land Development Regulations for restoration that may have been needed for Excavation & Fill (Permit # 00- 4070.) All excavation and fill work was completed and accepted by the City 3/17/04, and the warranty period has expired. PROGRAM IMP ACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from.) N/A ALTERNATIVES: N/A J~[:-;. ood, P.E. ~ City Manager's Signature Public Works/Engineering Department Name ~ S:\Engineering\Logan\Sureties\Agenda Request Brighton East Lake 081106.dot '."'1,., ..J..., A J...-"T..-'" ...-:~.~~ I - rf -' ~ DEPARTMENT OF ENGINEERING MEMORANDUM NO. 00-146 TO: Diane Reese, Finance Director FROM: Ken Hall. Engineering Plans AnalystlInspector 0. , \.C- DATE: October 6, 2000 RE: Restoration surety for the Cedar Ridge lake excavation permit Attached is cashier's check #1449470 issued by Bank of America for $SS,OOO.OO submitted by the developer, Brighton at East Lake. The funds shall be retained by the city until the work .has been completed and final inspections have been approved by the appropriate departments. Please call us should you have any questioIU. KRWkrh c: John A. Guidry, Interim Director of Engineering Building pennit file #00-4010 Attachment: Bank of America cashiers check ,1:\SI'IRDATA\En,lnccrin;\HIIlI\,ut'l:t)' tor Cedar Ridge l:\ke I.'(cavltlon,doc ~ No.1449470 BankofAmerica. IJ' Orf1~' ,,'n"",;" ~~..,. .A..: ~"4' .;::,;}~~,..;~}~~\..~, \~li\f,:~' . #..~'\~~~i~~:.~~tlr~" \t'~/'/~(~~'t~;t-~:t.':JJf,~.,;~~, '.'j~ ~':~ . telfiiiN~" ~I':," .......,_.~ "'~ 'OJ ,....." 'f": .... '." 'I.;;,.~ '" ,~. .... J llr/ it ""'" lit . ,. 'l'~"'" -; I ',''';';''i " tr"':';:;:,. ~t~,";,7" ". "'.':. ,. '. ~..; ....~ ,; ..... ,', " ";;:.",.\' :':1rl""~i'~~jliH';i:.; LH~.f '\:~~/v~"",,~. h,ll '!~ll\;\~tt~ \,.l\,..;!j \~;Y 'i,~~~~~}!;: }~,~:<;:'." \~~;/~~,.;d(,~~~:.~"'~ \~j };'.:~/~j~~.II~\jI'~~~.\.\ "', aMlCt!\A'~"'rQ'.I~tOF)lC[>",,,,'I"t,(~"" /;. i'.....~.;.".,"" I', {~,~.....(;",...:... .... ..'. ....'..,.;!"'.....,.., "I, ....~.,.,........,.....~~cd,~tIC~.* " '2 ~~~~~;:<~'-:.!;;v/.. :." ":;;/ '<;:;'~';L.'i(:<:; ,::~'; /:>:;~~~.":r;.:'~~:::....<,. -\;..~'< \'<<: '. >~,<:,::',>.~ ;~;:~:: \~/',>.;.:.,'}; .~.U~.~4~~~~~\ ': ~ ~ :;:~"":\; t:..~'tlUUV,....2 I'i. qt"d, ~'.;'/.....>.,....',; '. <Ul.T..>~r.fASr-U.("., ':~ <i,; (:: '. ''., '- ,: . . .,lle's.o~I'O'..!Clnre~~I~ . .,...' .' ....... . .',. ,'," . ,.'" . '.~"., 'do~iiico's.s-l)O)lcr '~..'>" "'. '.' .. '",:': R:cmiltl:r(P.urell~,c:d By)' .,';' "'. .**r~~co~*. Q' - Pay UFIFn FIn TtlOISAIlD GOLLA IS All. 10 CUTSU ~ ~ Tn .. The d: Order <= or ItCIT' OF 10'.TOI lEACH" 'l'Ofr CEIAI IIDCE lAIE EI~AYATIOII" FIo"1/ or AmOriCA, NA '" . S~AatO.i".~ 'T.~31J.' . ): . . '. .:': (", ~ '( ~ ".::' " . . ...:, .:'. l,. III ~L.."CI" 10111 .: ~ ...0000 ~'11: 00 1.&.. ~oo 20b 2,,1 . TR!'ORtOTNAL DOCUMENT ffAS REftcCTM W^T'ERMAJlIC.ONTK!B....CX THi OIlIOINAL DOCt.1M1lNt' MAS RBPLECilVi WATERMARK ON THE S^CX tD &0 - I I( () .../ ~ 1'1'7/'" Wt#S /~ ~fi:t RE: CEDAR RIDGE -- Lake Excavation -- Drainage Outfalls Page 1 of3 /} /' C~~~f ~') ,r Jr. / /!Y-r.:;,(,'-1Y,Q ./ \ Kribs, Carol From: Kelley, David Sent: Thursday, March 18,200410:37 AM To: 'Maria V. Arias' Cc: Tolces, David; LaFontant, Frantz; Kribs, Carol Subject: RE: CEDAR RIDGE -- Lake Excavation -- Drainage Outfalls Maria: As a follow-up to my response to #3 below, the disbursements from the developer's cash surety of $55,000 was as follows: Johnson-Davis, Inc. (contractor) M. B. Schorah & Assoc, (EOR) = Returned to developer $27,425. 6,460. 21,115. This was disbursed in December, 2003. If you wish any 'as-built' data, I suggest that you contact either the contractor or the EOR. We thank you for your patience; the city was glad it could help out the development. H. David Kelley, Jr., PE/PSM City Engineer -----Original Message----- From: Maria V. Arias [mailto:marias@siegfriedlaw.com] Sent: Wednesday, March 17, 20042:18 PM To: Kelley, David Cc: Tolces, David; LaFontant, Frantz; Maria V. Arias Subject: RE: CEDAR RIDGE -- Lake Excavation -- Drainage Outfalls Thanks for your response. I was unsure whether you received my three (3) e-mails due to the fact that we just completed an upgrade to our system. In any event, I want to again thank you all again for your involvement in this matter. I will forward this e-mail to the members of the Board. Maria Victoria Arias, Esquire Siegfried, Rivera, Lerner, De La Torre & Sobel, PA 201 Alhambra Circle, Suite 1102 Coral Gables, FL 33134 Telephone: 305-442-3334 Facsimile: 305-443-3292 E-Mail: marias@siegfriedlaw.com This e-mail,andanyattachmentsthereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e- mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me by replying to this message and permanently deleting the original and any copy of this e-mail and any printout thereof. 4/22/2004 ---- ~ ~~'t-' o RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $6,460.00 TO: Michael B. Schorah & Associates, Inc. 1850 Forest Hill Blvd., Suite 206 West Palm Beach, FL 33406 Requested By: H. David Kelley, Jr., PE/PSM Date: December 16,2003 Approvals: H. David Kelley, Jr., PE/PSM FUND DEPT BASic ELE OBJ AMOUNT 001 0000 220 99 00 6,460.00 6,460.00 Div Head Finance Dept. City Manager "'--- - /I jJ ,~,/,' U--'C$J:;~ ~-t.#t,.~..IL o RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $27,425.00 . TO: Johnson-Davis, Inc. 604 Hillbrath Drive Lantana, FL 33462-1694 FOR: Payment to Johnson-Davis, Inc. for Lake Restoration & Drainage Repair work completed at Cedar Ridge Estates. Monies are to be taken from the Cash Surety of $55,000 posted by Brighton Homes, the developer of the Cedar Ridge Estates Project. The Assistant City Attorney has arranged for the cash surety posted by the developer to be used for the above referenced repairs. Requested By: Approvals: H. David Kelley, Jr., PE/PSM Date: December 16, 2003 H. David Kelley, Jr., PE/PSM FUND DEPT BASIC ELE OBJ AMOUNT 001 0000 220 99 00 27,425.00 27,425.00 Div Head Finance Dept. City Manager .cr. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM H. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon) D August IS, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2,2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 0 Consent Agenda D Legal ....--- I, , D Code Compliance & Legal Settlements D UnfInished Business I i ' , '. , D Public Hearing D . - RECOMMENDATION: Motion to approve the release ofa cash surety in the amount of$I,375.00 (One Thousand Three Hundred Seventy-five Dollars and No Cents.) EXPLANATION: This surety was posted by Honor Built Associates in connection with the Kensington Place Townhouse Development. This surety was posted as required by the Land Development Regulations for restoration that may have been needed for Excavation & Fill. All excavation and fill work has been completed and accepted by the City, and the warranty period has expired. PROGRAM IMPACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from.) N/A AL TERNA TIVES: N/A - '[-:..., ~ City Manager's Signature Public Works/Engineering Department Name C#K- S:\Engineering\Logan\Sureties\Agenda Request Honor Built-Kensington Place 0811 06.dot "-- ~:.\"'(?, ({ , , en~' i IT \ o\. ~ " ~ , )- '... "../ (~ l '-. .---' J \.' "~I t) I'J '~;, DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 03-014 TO: Diane Reese Finance Director H. David Kelley, Jr., PElPSM:?/ City Engineer FROM: DATE: January 22, 2003 RE: KENSINGTON PLACE RESTORATION SURETY & ADMINISTRATION FEE Attached please find check number 4081 issued by Union Planters Bank in the amount of $1,375.00 from Honor Bilt Associates, Inc. This check represents surety for restoration, if needed, for the above referenced project. It is to be returned upon satisfactory performance and final site inspection. Also attached is check #4080 for the Administration Fee in the amount of $1,400.00 from Honor Bilt Associates, Inc. for the same project and on the same bank. Please deposit in account #001-0000-341-91- 07. HDK/ck Attachments: 2 checks ($1,400.00 & $1,375.00) Cost Estimate Xc: Ken Hall Eng. File S:\Engineering\Kribs\Kensington Place - Restoration Surety & Admin Fee to Finance.doc o HARlAND STYLE X/U -'~.-~~--';': ...wn; "T1 0-i'U 0 :DO> :0 ~ O-i-< .~ m:r V'> ~ ~m ... ~' 2 1 0 z .. ~ 0 0 r --I 0 lT1 OJ ~ ~ .- ~ ~ \) .. r - ^ ~ ----------- . . o '" [T'J ~ .~ 0 f 0 OJ r .- r - ~ .. .. .- ~ 01 0 0 I 0 I I I'\J i ~ . I ~ I I r 0 I :> I .. -i m -ffi r !, i :> ,~i :D (J) , j I~! ~I '" ED h~ ~~ .c-. :l:~ I i ~~ 0 fO"'" ~o co ~m I I i!i ~ :.:c I ! ...... -~~t.!._' . ....... ~ "! T .. .'. _ -' C([ vr.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FOR..~ 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 0 August I, 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) 0 August 15,2006 July 31,2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon) C8;] September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C8;] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the release of a cash surety in the amount of $531.00 (Five Hundred Thirty-one Dollars and No=CeritS.~,l . 'I ' EXPLANATION: This surety was posted by Wood Partners in connection with the Alta Chase Apartments. This surety was posted as required by the Land Development Regulations for restoration that may have been needed for Excavation & Fill (Permit # 01-2743.) All excavation and fIll work has been completed and accepted by the City 8/23/02, and the warranty period has expired. PROGRAM IMPACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from.) N/A ALTERNATIVES: N/A ~ City Manager's Signature CIHL- Public Works/Engineering Department Name S:\Engineering\Logan\Sureties\Agenda Request Wood Partners-Alta Chase 081 106.dot CITY OF BOYNTON BEACH AGENDA ITElVI REQUEST FORM Requested City Commission Dale Final Form ,'vlust be Tumed Requested City Commission Date Final Form i\lust be Tumed Meetil1l! Dates in to Cit\' Ckrk's Office Meeting Dates in to Citv Ckrk's Ollice 0 August 6, 2002 July 17,2002 (5:00 p.m.) 0 October I, 2002 September 16,2002 (Noon) 0 August 20, 2002 August 5, 2002 (Noon) 0 October 15, 2002 September 30, 2002 (Noon) 0 September 3. 2002 August 19,2002 (Noon) 0 Noyember 6,2002 October 14, 2002 (Noon) 0 September 17, 2002 September 3, 2002 (8:00 a.m.) (8] November 19, 2002 November 5, 2002 (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: Recommend approval of a resolution reducing the cash bond of $1 0,620.00 (Ten Thousand Six Hundred Twenty Dollars) by 95% to $531.00 (Five Hundred Thirty One Dollars). EXPLANATION: Attached please find correspondence from the developer (Exhibit "A"), Wood Partners, requesting a refund of their cash bond (Exhibit "B") for Excavation & Fill Permit #01-2743. An amount of 5% (five percent) of the total will be retained by the City for the warranty period of one year. All work associated with this permit has been completed to the satisfaction of the Department of Public Works/Engineering Division (Exhibit "C"). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: N/A " City Manager's Signature Public Works/Engineering Department Name City Attorney / Finance / Human Resources S'BlJU_ETIN\FORMS'...\GENDA ITEi\1 REQUEST FORM.DOC ~,/ c1~ DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-106 TO: Diane Reese Finance Director FROM: DATE: RE: Attached please fmd check number 136365854 issued by First Union Bank in the amount of $1 0,620.00 from Wood Partners. This check represents surety for restoration, if needed, in connection with the above referenced excavation and fill work. It is to be returned upon satisfactory performance and final site inspection. KRH/ck Attachments: 7/2/2001 letter from Wood Partners Check for $10,620.00 Xc: David Kelley, Utility Engineer C:\My Documents\Alta Chase Excavation & Fill Surety - Permit OI-2743.doc / ..,---- ~,~ ~ WOOD PARTNERS July 2, 2001 Mr. Ke9Ball City ~Boynton Beach 100E Boynton Beach Blvd. Pt:>. Box 310 Boynton Beach, FL 33425-0310 RE: Alta Chase / Fill and Excavation Permit #. O{' ;171..(3 Dear Ken: Enclosed please find a cashier's check in the amoWlt of $10,620. We are issuing this check to the City of Boynton Beach as a cash bond to guarantee performance of the work required under the Fill and Excavation Permit # 0(_ :270/'3 for Alta Chase Apartm<:nts. It is Wlderstood that upon completion and final inspection of such work the full amount of the check will be returned to Alta Chase Apartments, L.L.c.. If you have any questions, please contact me at (561) 893-0094. Thankyou for your assistance. Sincerely, (~~w~ Tia J. Hines Development Associate cc: Paul Ederle Jason McArthur Derek Mendez Mike Roche ~. ~ ~~~nw~~ Dr j . I '" 230 10"1 [ , '-', j '-~ ,=,,'1'1 nl~'G. nE:>~"7"~"T 1.;: ~ I -..... . . ....... I -' ,. ~ , .' . '_.. ~ , .--.'---.......M.. "'_""'._ _________ WOod Parmm i, a Group of Lirnit.d Liability Cornpani<1 2600 NORTHMllii-A-RY i'R;;;'l.SurrE-iliOBoCA RATON~FlORIDA 33431 PHONE 561.893.0094 561.893.0095 ---.,-'-...---....- .__.__._-_._-------,..~-_._-~-~ --- --_._-~._-- v \ 'S... , :Pay T-o" \ ~()r(j.e~Pf " ' ~~T~I\JTHqUSANP SIX HUNDREO.rWENTY I j,O<;')!O:i30YNTONBEACH J:l(.:VD. l--, '(,.flDw(t~~..y. ;'-" -..,.,." O:gj)(::~:;; ;~T;},:;;;,; .---------.----.--....-..----.......----- ..'----.---- - I ':FOi,'.~:" \.',,"~,,'::_.<. ,l ~ ~ .~ ,"', fi4 ~>i1..t-(~ ' ."I/J " (,.;V\'."':~\ .J,..-,J.' o RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 10,089.00 . TO: Wood Partners 2600 North Military Trail Suite 100 13oc;a8aton,FL 33431 FOR: Reduction of Cash Restoration Surety posted for the Alta Chase Apartment Project. Resolution reducing the surety ~ passed at the November 6, 2002 City Commission Meeting. w:. \\ be.-' I' Requested By: Laurinda Logan P.E. Date: October 25, 2002 Approvals: Div Head FUND DEPT BASIC ELE OBJ AMOUNT 001 0000 220 99 00 10,089.00 , 10,089.00 Finance Dept. City Manager VI.-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM J. AGENDA ITEM REQUEST FOklVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to C itv Clerk's Office Meeting Dates in to City Clerk's Office D August 1,2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) C8] September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21 , 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C8] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$I,OOO each from Commissioner Ensler, Commissioner McCray and Mayor Taylor's Community Investment Fund for the Education & Youth Advisory Board Youth Expo, Bob Borovy Student Citizen of the Year Award and the Youth Volunteer Bank for their ongoing events and programs. EXPLANATION: Commission approval is requested for allocation of$I,OOO from Commissioner Ensler, Commissioner McCray and Mayor Taylor to the Education & Youth Advisory Board for their ongoing events and programs. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature iG~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 1, 2006 Requested by Mayor/Commissioner: Commissioner McCray Amount Requested: $1,000 Recipient/Payee: Education & Youth Advisory Board Description of project, program, or activity to be funded: Youth Expo, Bob Borovy Student Citizen ofthe Y ear Award, and the Youth Volunteer Bank all programs run by the Education & Youth Advisory Board. Dated: # By: ~/~ (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. $7,000 has been used to date by the requesting Member, leaving a balance of available funds of $3,000. This request would bring the available amount down to $2,000. Accordingly: ~ There are funds available as requested o There are insufficient funds available as Dated: q ({ { 6& I By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: a The proposed expenditure of funds will not result in improvement to private property; B"'" The recipient/payee provides services within the City of Boynton Beach; (!f" 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 cY" Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Cl+Ob By: ~~ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 1, 2006 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $1,000 Recipient/Payee: Education & Youth Advisory Board Description of project, program, or activity to be funded: Youth Expo, Bob Borovy Student Citizen of the Year A ward, and the Youth Volunteer Bank all programs run by the Education & Youth Advisory Board. Dated: -# By: ~ ~tUh p __ c7 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. $7,500 has been used to date by the requesting Member, leaving a balance of available funds of $2,500. This request would bring the available amount down to $1,500. Accordingly: )( There are funds available as requeste o There are insufficient funds available as Dated: '1 II If) (p I I By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated:--3 -I-Db ~ The proposed expenditure of funds will not result in improvement to private property; V The recipient/payee provides services within the City of Boynton Beach; cY" 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 will be implemented to assure that the public funds being appropriated will be used for the stated purpose. BY:~ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 29,2006 Requested by Mayor/Commissioner: Commissioner Ensler Amount Requested: $1,000.00 Recipient/Payee: Education & Youth Advisory Board Description of project, program, or activity to be funded: Youth Expo, Bob Borovy Student Citizen of the Year A ward, and the Youth Volunteer Bank all programs run by the Education & Youth Advisory Board. Dated: 1?-~'1-0 4 By:n~ /4'& ~ 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. $6,500 has been used to date by the requesting Member, leaving a balance of available funds of $3,500. This request would bring the available amount down to $2,500. Accordingly: )' There are funds available as requested o There are insufficient funds available Dated: <j' ~q /6 ~ I I By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: r/' The proposed expenditure of funds will not result in improvement to private property; rf The recipient/payee provides services within 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 ofthe City; and c:t/'Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. '6tCl-'iIIJ 6 BY:~a.-- City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc City of Boynton Beach Education and Youth Advisory Board Stephen Waldman Chair Mary Morera Vice Chair Susan Buchanan Board Member Melinda Mallon Board Member Hattie Miller Board Member Marlene Ross Board Member Lori Wilkinson Board Member Robert Chiste Student Board Member Alyssa Ewing Student Board Member Christine Hogenkamp Student Board Member The Education and Youth Advisory Board exists to act as a fact-finding and advisory board on all issues pertaining to the youth of the Boynton Beach Community. August 25, 2006 P -~~ .~ AA~, IV f' 't-",R -JlH 6 ~.;. Attn: Joyce Costello To The Mayor and City Commissioners: My reason for writing today is to ask you to consider donating a portion of your discretionary funds to the Education and Youth Advisory Board programs and services. As always, Advisory Board members are committed to raise funds and obtain sponsorships for our ongoing events and programs. Our success depends on our invaluable partnership with the Recreation & Parks Department, our dedicated board members, and our generous sponsors. We have a City account into which all donated funds are deposited and earmarked for the projects listed below. Ongoing programs include: The Youth Expo is held every two years at the Boynton Beach Mall. This year's event will be held on October 14, 2006. The Expo showcases the talents of the children in Boynton. Groups from all over the city perform dances, gymnastics, karate, chorus, and more. Boynton Beach students showcase their art work and writing talents through contest entries. Also, dozens of local youth oriented agencies join us by setting up informational booths. The Bob Borovy Student Citizen of the Year Award, was created in 2000 to honor one of our former Advisory Board members. The award recognizes a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community exemplified by the late Mr. Borovy. Applicants must be City of Boynton Beach residents, performed significant volunteer work, submit an essay, and be nominated by three adults. The winner each year receives a cash award. The Youth Volunteer Bank was created in 1997 to promote youth volunteerism. Our goal is to facilitate, promote and reward youth that volunteer in our community. This ongoing program is a cooperative effort between The City of Boynton Beach, local businesses and individuals, volunteer organizations. and youth volunteers. Participants are honored at our annual Youth Volunteer Banquet and are awarded prizes for their efforts. If you would like more information about our board or any of our projects, please feel free to contact me at 731-3305 or our board liaison, Sherri Claude, at 742- 6224. Thank you for your consideration. Sincerely, '-#~C.71/~ Rr'-',Fi\ ,::^~'i) L "'__' ~ .".. ,----------_._-, I Ali0, 2 8 2006 I ! l J\~ ; I I L ____ ..._ ___----.-J t""n' "~';; <: ~ '-"'ur,l'", ^"-r,(\r 1 J, 1 i. '. " t),.; \ L~ , . __ - .._ __ __ _.____ .__ "._ _____ ____.J Mary Morera, Vice Chair 100 E. Boynton Beach Blvd., P.O. Box 310, Boynton Beach, FL 33425, (561) 742-6000 rr( { r VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlvl 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 August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17, 2006 October 2,2006 (Noon) ~ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21,2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal 0 Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the "ESTATES AT HERITAGE CLUB, PUD" Record plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper). EXPLANATION: The record plat review for this project commended on February 8, 2006, to which the third and fmal review is currently being completed. Several plat preparation changes not withstanding, staff now recommends that the City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is the next step in the process of development that vacant tract on the north side of Gulfstream Boulevard, west of the FEC RJR. The record plat preparer has stated that all minor changes necessary to this instrument are in compliance with those comments noted in the last review letter. PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Pennit (LDP) carmot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction pennitting commences after the issuance of the LDP. FISCAL IMP ACT: None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in a"eptable fonn, and the oom_tio/3' have been appwved fm penni~~ SIgnature City Manager's Signature Assistant to City Manager ~ Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ,'t,~,.:- ...,... ~"Nd"Mt .It... Iii) II j~ S~ 34th Ave: Ii! 'a. j f' 1 f' S1 1"'11; l J 1 : II l' lIre I! I 1... 10 j:" J ,- I.... j; 119] j i ! II: .~ 'GlMstJeam Or Seaerest lrt De Carle St ~ i;: ,~'" ) '1'(' :i:W ~ II :J , .S' Z <1J ~ Q. " < (I Jt I 1i;1 l If/ ~lJ ~. Gulf.tn.mlll.., J Gore (K." , /; Acce..J 111 .~, , ~f i /1 /1 i. ~ eft g> ,~ j . I I f ~ I, ii LOCATION MAP NOT TO SCALE et f ,.4> 17J. $ TangMlne Way '. ' CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOklu VI.-CONSENT AGENDA ITEM L. 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 August 1,2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) [gJ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21,2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$I,500 from Mayor Taylor's Community Investment Fund for the Boynton Beach Woman's Club to be used for physical improvements to the structure. EXPLANATION: Commission approval is requested for allocation of$I,500 from Mayor Taylor to the Boynton Beach Woman's Club for physical improvements to the structure. PROGRAM IMP ACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~~ City anager's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 1, 2006 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $1,500 Recipient/Payee: Boynton Beach Woman's Club Description of project, program, or activity to be funded: To be used for physical improvements to the structure. D.ted: ~(ot By: ~r. 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. $8,500 has been used to date by the requesting Member, leaving a balance of available funds of $1 ,500. This request would bring the available amount down to $0.00. Accordingly: o o There are funds available as requested There are insufficient funds available as requested. Dated: By: Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) fii!f The proposed expenditure of funds will not result in improvement to private property; r1Y The recipient/payee provides services within the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and &"'Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated:~-I"'Ob By: S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc o:l[~'" 0\ o ' , Jo )..1-'l"~ ....~~ ON v VII.-CODE - LEGAL SEITLEMENT CITY OF BOYNTON BEACH 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 Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 August 1, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) 0 August 15, 2006 July 31,2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) ~ September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal ~ Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 Gerard Thermitus v. City of Bovnton Beach Plaintiff Counsel: Russ E. Robbins, P.A. Defense Counsel: none '--":1., RECOMMENDATION: Motion to pay settlement from continuing negotiations in the amount of$7,500.00. EXPLANATION: On May 23, 2005, the City vehicle backed into claimant's vehicle which was stopped behind City vehicle on SE I st Street. Plaintiff was transported to hospital emergency room. The plaintiff suffered injuries from the motor vehicle accident consisting ofhemiated disks. Original demand on this claim was $100,000.00. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: (Include Account Number where funds will come from.) Settlement will be charged to the Risk Management budget expenses. Account number 519-1710-522-49-20. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $40,000+. There are no legal expenses at this time; however, defense trial legal costs are estimated at $25,000.00. Department Name RISK MANAGEMENT Cjrn/Claimaut/ThermitusGO l.dot SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager CU)-'Yl'1 DATE: August 10, 2006 SUBJECT: Gerard Thermitus v. City of Boynton Beach Date of Loss: May 23,2005 Risk Management recommends the City Commission ratifY the: X Settlement in the above stated manner. _ Judgement RESERVES: Indemnity: $ 50,000 Expenses: $ 20,000 Demand: Original: $100,000 Final: $ 15,000 Offer: Original: $ 1,000 Final: $ 7,500 ~ SETTLEMENT: $ 7,500 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom Current Adjustment Fees: $ 884 Current Legal Fees: $ -0- IF NOT SETTLED Projected Legal Fees: $ 25,000 Projected Jury Verdict: $ 40,000+ JUDGEMENT: $- Current Adjustment Fees: $ - Current Legal Fees: $- CASE NARRATIVE: On May 23,2005, the City vehicle backed into claimant's vehicle which was stopped behind City vehicle on SE 1 st Street. Plaintiff was transported to hospital emergency room. The plaintiff suffered injuries from the motor vehicle accident consisting of herniated disks. Original demand on this claim was $100,000.00. Cjm/ClaimautlThermitusG02.doc A ~ u g, ). 2006 1:13PM No,3419 0" Gallagher Bassett Services, Inc. August 3, 2006 City of Boynton Beach Attn: Charles J. Magazine Risk Manager P.O. Box310 Boynton Beach, Fl. 33425 RE: Claimant: Our Client: Claim#: Loss Date: Gerard Thermitus City of Boynton Beach 001470.Q00165-AB-01 5-23-05 Dear Chuck: We now have the executed release from Atty. Robbins in the amount of $7500.00. Please Issue check to Gerard Thermitus and Russ E. Robbins, P.A. his attoll'1ey. Check can be mailed to Russ E. Robbins, P.A. Suite 201 33 S.E. 5th Soot Boca Raton, FI. 33432 Nothing further to report we are retiring our file at this time. 1$TC~'~ Gene Montfort Senior Claims epresentative P.O. Sol( 18219 west Palm Beach, FL 33416 1-561-640-4443 X202 Fax #1.561-615-4449 ~' , VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl 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 0 August ], 2006 July] 7,2006 (Noon.) 0 October 3, 2006 September ]8,2006 (Noon) 0 August ]5,2006 Ju]y 3],2006 (Noon) 0 October ] 7, 2006 October 2,2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6,2006 (Noon) NATURE OF AGENDA ITEM 0 Announcements/Presentations D City Manager's Report 0 Administrative D New Business D Consent Agenda D Legal "'-.,' . D D Unfinished Business -' Code Compliance & Legal Settlements 0 Public Hearing D p.) ., ., ", "..- 1 ' I c, ,-'> j" , ~-} RECOMMENDATION: Please place this request on the September 6,2006 City Commission Agenda under Public Hearing as being tabled by City Commission per applicants request at the August 15,2006 meeting. City Commission tabling should be date certain to the September 19th Commission meeting to maintain validity of current public notice. For further details pertaining to the request, see attached Department Memorandum No. 06-140. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast comer of Congress Avenue and Old Boynton Road Request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: i~, OM- Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-140 STAFF REPORT TO: Chair and Members of the Planning and Development Board and City Commission Michael Rumpf\\\~ Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: July 10, 2006 PROJECT NAME/NO: Red Lobster Restaurant / NWSP 06-018 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Neil Terwilliger of GMRI, Inc. Location: Approximately 450 feet north of northeast corner of Old Boynton Road and Congress Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC)/Community Commercial (C-3) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 7,010 square foot restaurant and associated site improvements on Outlot #3 of the approved Boynton Town Center project. Acreage: 73,224.36 square feet (1.68-acres) Adjacent Uses: North: Undeveloped Outlot #4 of Boynton Town Center with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Entrance drive for Boynton Town Center from Congress Avenue, then farther south undeveloped Outlot #2 of Boynton Town Center(proposed RBC Centura Bank) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East: Undeveloped commercial property (proposed Target site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 2 West: Right-of-way for Congress Avenue, farther west is developed commercial (Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 235 feet deep and 310 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #3). It is the third parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target building. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Linda Nunn, representing 1950 Congress Avenue; LLC and GMRI, Inc., is requesting site plan approval for the construction of a 7,040 square foot restaurant on the 1.68-acre parcel. Outlot #3 is one of four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25- acre site located at the NE corner of Congress Avenue and Old Boynton Road. The overall site plan for Boynton Town Center was approved by the City Commission on September 20, 2005, and while it depicted the outlots, the in-depth detail for each of the parcels was to be provided in the submittal of separate site plan applications for each. As such, Smokey Bones, along with Red Lobster, are the second and third of the lots respectively to submit for review, following last month's review of RBC Centura Bank. ANALYSIS A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated February 1, 2005 , Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway improvements. Therefore, a monitoring matrix has been created between the City and the master developer's traffic engineer to assist in the Issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County which recognized the difficulty of certain Intersection Improvements (i.e. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue). As stated earlier, construction of this component of the project may only proceed with the Initiation of the necessary road improvements noted In the Boynton Village & Town Center development order(see Exhibit "C" - Conditions of Approval). The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Local piping and Infrastructure Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 3 improvements may be required, especially on the water delivery system for the project, depending on the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant has already paid the capacity reservation fee for the entire master development. Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the southeast corner of the parcel, which would connect with one of the entry drives off of Congress Avenue for the Boynton Town Center project. A second point of ingress/egress is proposed at the northwest corner of the parcel, and serves as a cross-access drive with Outlot #4 to the north. Parking Facility: In the review of the master development for Boynton Town Center, parking was calculated on the basis of a shopping center, due to the nature of the mixture of uses proposed. According to the Land Development Regulations, shopping centers require one (1) parking space per 200 square feet of gross floor area. The site plan (Sheet C3) proposes a 7,040 square foot restaurant building, which would require 36 parking spaces. The site plan depicts 105 parking spaces, including five (5) designated for handicap use. Therefore, there would be 69 excess parking spaces provided. The master developer also entered into cross-access and cross-parking agreements, which provides for overflow parking in times of need. All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6) inches in width and 18 feet - six (6) inches in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 16,817 square feet or 23.02% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 20 foot landscape buffer along the west (Congress Avenue) side of the project, that Included Live Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. These 20-foot landscape buffer Is the master developer's responsibility for Installation and maintenance, along with various other site improvements, such as sidewalks and roadways. As such, no Certificate of Occupancy (e.0.) will be Issued for the Red Lobster Restaurant Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 4 without the installation and final inspection of these common improvements (see Exhibit "c" - Conditions of Approval). According to the landscape plan (LA-i), the applicant proposes to landscape around the parking areas and building utilizing Live Oak, Mahogany, Pitch Apple, Ligustrum and Tibouchina trees and Cocoplum, Copper Leaf, Spanish Stopper, Hibiscus and Ixora shrubs/groundcovers. A non- potable water source will be required for irrigation purposes. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The Red Lobster is designed as a one (i)-story structure, with an elevated entry/lobby area to provide mass in the architectural design of the building. The elevations (Sheets A2.0 & A2.1) indicate the typical parapet roof line would be at a height of 18 feet, while the ridge of the entrance hip roof would be 26 feet - 1 inch in height, well below the maximum of 45 feet allowed in the C-3 zoning district. Design: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette. The elevations show that the hip roof would be constructed of standing seam metal, medium brown in color. The building also contains corbelled stone veneer at the base of the building entry and a stone veneer base around the remainder of the structure at the watertable. The identity/corporate image of this restaurant chain is that of a New England waterfront seafood restaurant. The building elements previously discussed and the appearance siding through the use of scored stucco, hardiboard trim, porthole/nautical type windows and louvers, and gooseneck light fixtures, help further the theme. According to the elevations and materials board, the main body color of the restaurant would be a dark beige: "French Toast" (Dryvit 400). The secondary body color would be a medium beige: "Sandlewood Beige" and the trim/accent color is proposed as white. The stone veneer at the base of the building would be a light tan: "Buffstone". Signage: The master developer is working on a Sign Program for the entire development. The review of all signage for this project will be based upon the regulations contained within that final document. The elevation pages (Sheet A2.0 & A2.1) depict the proposed location of the wall signs on the building (south, east and west elevations, centered on the decorative gable roof ends and building entry). The main entry sign would consist of white letters on a blue background with a red lobster perched on top. The signs on the east and west elevations are proposed with red channel letters centered on the decorative gable roof ends. A key component of the Sign Program for Boynton Town Center is the sharing of monument sign space between tenants of the outlots, to minimize overall signage for the center. Tenant monument signs are intended to be located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet in length), be uniform in design and match the architectural characteristic and theme of the other Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 5 site signage for the total project. In this particular case, the restaurant would share the monument sign space with the tenant of Outlot #4 to the north. All site signage, as noted earlier, will be subject to the Sign Program for the entire center(see Exhibit "CIf - Conditions of Approval). RECOMMENDATION The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "CIf - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Red Lobster\Staff Report,doc ... 1 in. = 135.8 feet Red Lobster Exhibit A [)roW, --= M: \M4IOIOOO\tADD~\Itl-Sllf: 1tlNrl... N. - SP1 ,AJ 01, 2004 10; Z7cm ~y. ~CVItIIttt ~ "'"""-t. _____...-"'.... .......____ __~ of........... __ ........... ____ _... _. __ _ __...-- _ __ _ _ ____ ___ ""........- _................. _.. -.... --...~ _,__..... EXHIBIT B '1';~~~I:lilililml'llr 1 - I :!:i I.M"i1d1d"I.I'UIII ,; ,g '111'11111'" I .'11 111 'III. '.. 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J,h ! j ,h I :A: !t 55 g I w iill i ~ ~ il) ~ · = . n j&iHd t~ !!: ~ It.... 5 I' ~ BOYNTON TOWN CENTER o ens REO LOBSTER I ~ OUTLOT NO.3 80YNTON BEAat nORfDA SITE PLAN -....... -- ..,..n KnIIy-&m -" ........ .. IfMlI ltl.J_u...AIIDcIIlIt, Inc. .... ~ -:;;:- -- ~ - --::"-..-" -::..-...-:.., CWJID If' ...... ..,...... ,. CIII) .....,. JNtJ SEAl.. ~Cll._ .." OY ....- '/ I 'I I " I Ii I I Ii I II Iii I I! I I Ii I " I! I I I! I 'I II I , I - 8U'i ~11'111 II K 811 i ~i ~ gj ~; l~i ~i ~~j~~ . 3. ~ h ~2 ;t '"z in~ a ~a ~ i~ ~~ m _I ~3~~ ~ ~~ ! ~~ J~ S i~ ii~i i 51 i I~~; !!I IJ!~ If; ~2 ~e i ~i ~!'e ~ i ~ j~ ~i I Ii i i~ I ~ i i~ ~I 2 i~ ~iii i i ~ i!!~ ~ I~ jl.~ I i I I~ II ~ ~I ~~!! ; i ~ !; Ii ~ ~~ Iii ~ ~ ~ ~~ ~~ ~ ~I ~Ii F fi; J g! I fi J21 ~ I <!il ~~ RiI pi 0 0 w 1'>- IIJli Iii I~! IIII!I!; IIII!,'I a~i~1 li~ Ii ;i~iil! 2 *J~ I ,llll! Iii il 111'1111 11111111 ;;~ !~ ~s Si12~ ~ ~ ~il Elm ~~~5ii ~i!i ! ~ ~"'~ 'l~ ~~ lANDSCAPE SITE PLAN FOR RED LOBSTER aTY OF BO'rnTllN 1lEA0l, EXHIBIT B ~Ji ~'U ~, i5 ~ g l ;! e ~ C n iI~~S~ ~ 0 ClIO ClIO '" . ~ ~ . . . H ~ JS Un II Ijl 1111 ~;Ig Ii ~ I II t ~ g h B ~ I ~ ~ :r CIl =l 0 II p~ r~ iiHQ g f' ~h ;!~~ I ~ Ii ~I ! ~ i i ~ ~ ~ ~ ~ ~ ..;; it ~ . ~ ~n; ;r ;r ;r jt;r. i~i! ~nll " ~ " z " - i- n B, ~ ~ ~ ~ ~ ;r ;r ~ n ~ ~ ~ 0 B~ ~i;~~ H ;r e p . ~ 2! " ~ X fl ~. ~ a ~ r ; 0 E U ~ ~ z z z z z > > ~ H " " iU; ~ ~s! .#~ .. - ~ ~ ~ > ~H15;;8~niil~ ~ ~ ~ ~ ~ ~~UO~~;;;~to~ o ~ 8 .t~ ~ ~ ~ > jneHP z " I 0 iIi ~ ~UIIB~~ 'j i ~ ~ i i ~ I IU ~iil g z I ~ i. ~ r ~ " ~ ~ z 2 l ~ ~ " I I iiUUi; ~ l ~ ~ ~ I~f i~188 ~ a ~ I z ! ; i~8~~ 5 ~ ~ I ~ , II .. ~nH~H~ ill -; i! e ~ " ;;I )()()()()()()()( i ~ BHBH~ ~ ~ ~ ~ 0 lppp~ n IlIl " fo ~~~~~~~~% fo z i I iH ~ ~~o~ . ;.~ ~ :z: ~ OaDE! 8< aOWQaO\;l ~ III .... .. -- ............ __ ....... (4f'P) -.-.., ILandscape Architecture Analysis Planning flORIDA I "illll !MM!Mln 11.1.11 lnr'w '~-I pI l'l!iliilli jl n rd ". i fil" i I1111 I ,/111/111 I ~IIIIIII t iP II' I I i I .... --- '~IIIII ............'lfll. II I '1'1/11 II~ ~ I I EXTERIOR ELEVATIONS . ==..... L ~ ~ EXHIBIT B , I I I J I j J I II ~ IIIII ............1 Juli "jI' J EXTERIOR ELEVA110HS EXHIBIT B 11'111' MIUIIU ,I. 'Ll I II (Ifil' 0,.,.0 m~IH'!!d "" " Ii, J' ,i U I. . q ~IJ:i,iipiJ i ',1'1'1 i Iliff iinLiI ~ li,:j. i,;' l/lillll' i P I II .... ~ I '1""' ~nu ~ I EXHIBIT "e" Conditions of Approval Project name: Red Lobster File number: NWSP 06-018 Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp k' mar mg. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Construction of this project is contingent on construction of off-site X improvements m accordance with the Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section II.J); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever 5. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 6. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction pennit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 13. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBe. 14. General area modifications to buildings shall be in accordance with 2004 X FBC, Section 506. Provide calculations verifying compliance with the above code sections and the 2004 FBC, Table 503. 15. Buildings, structures and parts thereof shall be designed to withstand the X DEP ARTMENTS I INCLUDE I REJECT I minimum \vind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 21. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVIew at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 22. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 23. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TAR T plan submittals. 24. Submit calculations for the area modifications shown on Sheet Al.O to X ensure compliance with 2004 FBC, Table 503 and Section 506. PARKS AND RECREATION Comments: Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 25. Indicate the percentage of native species. Must be a minimum of 50%. X FORESTER/ENVIRONMENTALIST Comments: 26. Plant List- Sheet LA-I. LA-2 X All shade and palm trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inches DBH (4.5 feet off the ground) and Florida # I (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) diameter requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 27. The shrub and groundcover planting detail should include a line indicating X where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. All shrubs and groundcover plants should have a height and spread X dimension. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 30. All shrubs and hedges are required to be at minimum 24 inches in height, X 24 inches m spread, and planted with tip-to-tip spacmg measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 31. Staff recommends additional and larger landscape material along all X elevations, to include a greater number of taller shrub specimens and trees. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.). The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signage will be subject to the Sign Program for the entire center. 33. Please provide, in tabular form, a breakdown of sign calculations for all X signage for the entire site, depicting the code requirement and that being proposed, indicating compliance with all code requirements. 34. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected an final ed, as well as all depicted sidewalks. 35. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. I DEP ARTMENTS [ INCLUDE I REJECT I 36. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Red Lobsler\NWSP 06-018\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Red Lobster APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2006 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 7,040 square foot "Red Lobster" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Approximately 450 feet north of the northeast corner of Old Boynton Road and Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-018\DO.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also. Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and Ms. Jaskiewicz dissenting. Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one had brought it up during agenda approval. Mr. Casaine thought the board should make a motion about that. B. New Site Plan Description: Red Lobster (06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 at Boynton Town Center, Approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road. Request for New Sit Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. 1. Project: Agent: Owner: Location: Chair Wische asked if the applicant was in agreement with all 39 conditions of approval. Linda Nunn, 1807 South Indian River Drive, Ft. Pierce, Florida 34950, responded they were in agreement with all the conditions of approval. Ed Breese, Principal Planner, declared he was pleased with the proposed project. Chair Wische opened the floor for public comment and closed it when no one came forward. Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if approved, construction would begin late winter 2006 to early spring of 2007. Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. C. New Site Plan 1. Project: Agent: Owner: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, INC. (Neil Terwilliger) 23 VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORtn Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) D D August 15,2006 July 31,2006 (Noon) D [gJ September 6, 2006 August 14,2006 (Noon) D D September 19,2006 September 5,2006 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 3, 2006 September 18, 2006 (Noon) October 17, 2006 October 2, 2006 (Noon)~_. November 8, 2006 October 16, 2006 (Noon)'_ November 21, 2006 November 6, 2006 (Noon) f",", NATURE OF AGENDA ITEM D AnnouncementslPresentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements [gJ Public Hearing D City Manager's Report , D New Business D Legal D Unfinished Business D RECOMMENDATION: Please place this request on the September 6,2006 City Commission Agenda under Public Hearing as being tabled by City Commission per applicants request at the August 15, 2006 meeting. City Commission tabling should be date certain to the September 19th Commission meeting to maintain validity of current public notice. For further details pertaining to the request, see attached Department Memorandum No. 06-139. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc.(Neil Terwilliger) Out lot #1 @ Boynton Town Center, northeast comer of Congress Avenue and Old Boynton Road Request for New Site Plan Approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: Development ~ C'M~ Ity anager s SIgnature ~ Z4J /, ;{( Planning and ~ Director City Attorney / Finance S:\Planning\SHARED\ WP\PROJECTS\Smokey Bones\Agenda Item Request Smokey Bones NWSP 06-0 19 9-6-06.dot Assistant to City Manager S;\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-139 STAFF REPORT TO: Chair and Members of the Planning and Development Board and City Commission 'MaG Michael Rumpf Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: July 5, 2006 PROJECT NAME/NO: Smokey Bones Restaurant / NWSP 06-019 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Neil Terwilliger of GMRI, Inc. Location: Northeast corner of Old Boynton Road and Congress Avenue (see Exhibit "A" - Location Map) Local Retail Commercial (LRC)/Community Commercial (C-3) Existing Land Use/Zoning: Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 6,436 square foot restaurant and related site improvements on Outlot #1 of the approved Boynton Town Center project Acreage: 72,309.60 square feet (1.66-acres) Adjacent Uses: North: Undeveloped Outlot #2 of Boynton Town Center with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Right-of-way for Old Boynton Road, farther south developed commercial (Oakwood Square) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East: Undeveloped commercial property (proposed Target site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 2 West: Right-of-way for Congress Avenue, further west is developed commercial (Longhorn Steakhouse & Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 275 feet deep and 260 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #1). It is the first parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target building. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Linda Nunn, representing 1950 Congress Avenue, LLC and GMRI, Inc., is requesting site plan approval for the construction of a 6,436 square foot restaurant on the 1.66-acre parcel. Outlot #1 is one of four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25- acre site located at the NE corner of Congress Avenue and Old Boynton Road. The overall site plan for Boynton Town Center was approved by the City Commission on September 20, 2005, and while it depicted the outlots, the in-depth detail for each of the parcels was to be provided in the submittal of separate site plan applications for each. As such, Smokey Bones, along with Red Lobster, are the second and third of the lots respectively to submit for review, following last month's review of RBC Centura Bank. ANALYSIS A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated February 1, 2005 , Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway improvements. Therefore, a monitoring matrix has been created between the Oty and the master developer's traffic engineer to assist in the issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County which recognized the difficulty of certain Intersection improvements (i.e. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue). As stated earlier, construction of this component of the project may only proceed with the initiation of the necessary road improvements noted in the Boynton Village & Town Center development order( see Exhibit "C" - Conditions of Approval). The City's water capacity, as Increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County UtIlities, would meet the projected potable water for this project. Local piping and Infrastructure improvements may be required, especIally on the water delivery system for the Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 3 project, depending on the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant has already paid the capacity reservation fee for the entire master development. Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the CIty's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the southeast corner of the parcel, which would connect with one of the major north/south loop drives within the parking lot for the Boynton Town Center project. A second point of ingress/egress is proposed at the northwest corner of the parcel, and serves as a cross-access drive with Outlot #2 to the north (proposed RBe Centura Bank). Parking Facility: In the review of the master development for Boynton Town Center, parking was calculated on the basis of a shopping center, due to the nature of the mixture of uses proposed. According to the Land Development Regulations, shopping centers require one (1) parking space per 200 square feet of gross floor area. The site plan (Sheet C3) proposes a 6,436 square foot restaurant building, which would require 33 parking spaces. The site plan depicts 110 parking spaces, including five (5) designated for handicap use. Therefore, there would be 77 excess parking spaces provided. The master developer also entered into cross-access and cross-parking agreements, which provides for overflow parking in times of need. All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6) Inches in width and 18 feet - six (6) inches in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 19,744 square feet or 27.33% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 20 foot landscape buffer along both the west (Congress Avenue) and south (Old Boynton Road) side of the project, that Included Uve Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. These 20-foot landscape buffers are the master developer's responsibility for Installation and maintenance, along with various other site Improvements, such as sidewalks and roadways. As such, no Certificate of Occupancy (C.O.) will be Issued for Smokey Bones Restaurant without the Installation and final Inspection of these common Improvements (see exhibit "c" - Conditions of Approval). The other Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 4 two (2) buffers are also scheduled to be part of the master planting for the site and include Southern Red Cedar and libouchina trees, along with Dwarf Scarlet Bush, Cocoplum and American Beauty Berry shrubs. According to the landscape plan (L2Dl), the applicant proposes to landscape around the parking areas and building utilizing Weeping Bottlebrush, long leaf Pine and Bald Cypress trees and Cocoplum, American Beauty Berry and dwarf Yaupon Holly shrubs/groundcovers. A non- potable water source will be required for irrigation purposes. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are Incorporated into the pennlt drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The Smokey Bones Restaurant is designed as a one (1)-story structure, with an elevated entry/lobby area to provide mass in the architectural design of the building, providing for a significant feature at the corner of this very visible intersection. The elevations (Sheets A4.1 & A4.2) indicate the ridge of the typical hip roof at 25 feet - 3 inches in height and 41 feet - 5 inches in height at the entry/lobby, below the maximum of 45 feet allowed in the C-3 zoning district. Design: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette. The elevations show that the hip roof would be constructed of standing seam metal, dark bronze in color. The building also contains manufactured stone elements on certain columns as well as the chimney and a stone veneer base around the entire structure. The identity/corporate Image of this restaurant chain is that of a lodge In the northwestern area of the United States. The building elements previously discussed and the use of heavy timbers in the roof design on two facades carry through this theme. According to the elevations and materials board, the main body color of the restaurant would be a dark beige: "French Toast" (Dryvit 400). The trim/accent color is proposed as an off-white: "Cotton" (Dryvit 442). The stone veneer at the base of the building would be a light tan: "Sandstone". Signage: The master developer is working on a Sign Program for the entire development. The review of all signage for this project will be based upon the regulations contained within that final document. The elevation page (Sheet A4.1) shows the proposed location of the wall signs on the building (south and west elevations, centered on the decorative gable roof ends). The signs would have red channel letters above the emerald green forest logo on yellow background. A key component of the Sign Program for Boynton Town Center Is the sharing of monument sign space between tenants of the outlots, to minimize overall slgnage for the center. Tenant monument signs are Intended to be located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet In length), be unlfonn In design and match the architectural characteristic and theme of the other site slgnage for the total project. In this particular case, the restaurant would share the monument sign space with the tenant of Outlot #2 to the north (RBC Centura Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 5 Bank). All site signage, as noted earlier, will be subject to the Sign Program for the entire center(see Exhibit "C" - Conditions of Approval). RECOMMENDAll0N The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\P1anning\Shared\Wp\Projects\Smokey Bones\Staff Report.doc . 1 in. = 135.8 feet ((~. ,r "\ y Smokey Bones Exhibit A / ~ ""'* tt\044ttJOOO\tJtDO\MWI~\a_.Jr:......... . _ 81t ... DI. JOOI tI...... .,........... - _.._---_.._._.-...~.._---~_._-_._-_._-----_.._-_.._~-_._-- 'l'i::rimlifiHmll~ I I j I ~j-': -< ~:n ~ r 13ISJ~I=- 'f : ~ I' I.::!" (,.,.,I!:.'li '''If!llflll 'I 'I 'I,. !---T I .' _.1 ~ I I ~ I i,.'nl.'1 ,i:'., i ,1 Jf , ~ I-T 1& - 1 ~ I :1' I' , '. 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If I'. !i~i ;1J J T r ~a ~" ~U) EXHIBIT "e" Conditions of Approval Project name: Smokey Bones File number: NWSP 06-019 Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp ki mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Construction of this project IS contingent on construction of off-site X improvements III accordance with the Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section lI.J); X include a pavement message in yellow indicating "No Parking - Loading Zone", See City Standard Drawings "K" Series for striping details. To be provided at time of permitting. UTILITIES Comments: 3. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). As a general rule, restaurants require this approval to insure that grease traps are properly designed. 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-I6(b)). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. 13. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that DEPARTMENTS INCLUDE REJECT are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: )> The full name of the project as it appears on the Development Order and the Commission-approved site plan. )> The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 17. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 18. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 19. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 20. A section of the bar counter shall comply with the 2004 FBC, Section 11- X 5.2. 21. The construction documents shall be routed to the Florida Department of X Business and Professional Regulation (DBPR) for review and approval prior to submittal to the Building Division. The DBPR can be contacted at 850- 487-1395. PARKS AND RECREATION Comments: 22. Trees must be a minimum of 12 foot to 14 foot with a three (3) inch X diameter at DBH. FORESTERlENVIRONMENTALIST Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I Comments: Plant Schedule Sheet L201.L202 X 23. All shade trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inch DBH (4.5' off the ground) not caliper, and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) inch diameter requirement; or any clear trunk specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 24. Tree species listed on the Palm Beach County "prohibited plant species' list X cannot be used on the site. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 25. The applicant should add a note on Sheet L201 that all utility boxes or X structures (not currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 26. The applicant should add a note on Sheet L201 the no Cypress mulch may X be used on the site. 27. The applicant should show the 50% native species calculations for each of X the categories of trees, shrubs and groundcovers/. 28. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 30. Staff recommends additional and larger landscape material along the north X elevation, and include a greater number of taller shrub specimens and trees along the west and south elevations. 31. Full size trees, a minimum of 12-14 feet tall, with a minimum 3" caliper X dbh, must be planted every 30 feet in perimeter landscape around parking lots. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.).The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signagewill be subject to the Sign Program for the entire center 33. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected and final ed, as well as all depicted sidewalks. 34. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. DEPARTMENTS INCLUDE REJECT 35. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permittinJ];. ! 36. All ground equipment shall be adequately screened on at least 3 sides with X hedge material. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Smokey Bones\NWSP 06-019\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Smokey Bones APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2006 TYPE OF RELIEF SOUGHT: Request New Site Plan Approval for a 6,436 square foot "Smokey Bones" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Smokey Bones\NWSP 06-019\DO.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also. Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and Ms. Jaskiewicz dissenting. Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one had brought it up during agenda approval. Mr. Casaine thought the board should make a motion about that. B. New Site Plan 1. Project: Agent: Owner: Location: Description: Red Lobster (06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 at Boynton Town Center, Approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road. Request for New Sit Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Chair Wische asked if the applicant was in agreement with all 39 conditions of approval. Linda Nunn, 1807 South Indian River Drive, Ft. Pierce, Florida 34950, responded they were in agreement with all the conditions of approval. Ed Breese, Principal Planner, declared he was pleased with the proposed project. Chair Wische opened the floor for public comment and closed it when no one came forward. Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if approved, construction would begin late winter 2006 to early spring of 2007. Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. C. New Site Plan 1. Project: Agent: Owner: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, INC. (Neil Terwilliger) 23 Meeting Minutes Planning 8r. Development Board Boynton Beach, Florida July 25, 2006 Location: Out Lot #1 at Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for New Site Plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. Descri ption: Chair Wische asked Ms. Nunn if the applicant was in agreement with all of the conditions of approval, and Ms. Nunn responded they were in agreement with all conditions of approval. She added that the same company owned Red Lobster and Smokey Bones. Chair Wische opened the floor for public comment, closing it when no one came forward. Ms. Nunn responded the opening date of Smokey Bones would most likely coincide with that of Red Lobster. Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. VIII. Other Not addressed. IX. Comments by Members Not addressed. x. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 9:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (072606) 24 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORl\_ 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 August 1,2006 July 17,2006 (Noon) D October 3, 2006 September 18,2006 (Noon) U August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2,2006 (Noon) ~ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D AnnouncementslPresentati ons ~ City Manager's Report NA TURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda 0 Legal D Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: To accept the Final Report from the Police Executive Research Forum on the "Management Study of the Boynton Beach Police Department." EXPLANATION: City Commission authorized the conducting ofthis Management Study of the Police Department following concerns raised regarding operations and direction of the department. PROGRAM IMPACT: This Study was conducted with the full cooperation of the Police Department and recommendations are provided in the Final Report. Police Department staff have reviewed the recommendations and submitted comments which are attached. FISCAL IMP ACT: City Commission has previously authorized payment for this study. No additional fiscal authorizations are required. ALTERNATIVES: Rejecting report and recommendations. ~re Assistant to City Manager ~ RISK MANAGEMENT Department Name City Attorney / Finance CJM/PD Management Study/Agenda Item Request S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ mmmm ---- POLlCE EXECUI1VE RESEARCH FORUM Management Study of the Boynton Beach Police Department July 2006 Final Report The Police Executive Research Forum 1120 Connecticut Ave., NW, Suite 930 Washington DC 20036 202-466-7820 Management Study of the Boynton Beach Police Department Table of Contents Introduction .....................................................................................................3 Leadership, Management and Supervision ............... ..................... ..... ..................... ....4 Mission, Values and Code of Ethics ........................................................................1 I Written Directives.. -........................,................................................................ .15 Organizational Structure .................................................................................... .24 Community Perceptions .. ............. ..... ..... .... ..... ............... ..... ... .... ..... ... ..... .... ..... ..28 Patrol Staffing........................... ..................................... ........ ........................ .35 Other Organizational Components .. ....... ............... ............ .... ..... ......... ...... .... ...... ...58 Budget Services ................. ....... ... ............... .............. ............... .......... .....58 Professional Standards............................................................................ 60 Internal Affairs Unit ... ...... ............ ..... .......... ......... ...... ...... .......... ... ...... ...61 Training Unit........................................................................................ 70 Code Compliance................................................................................ ..82 Uniform Services............................................................. .............. ................ ..85 Administrative Lieutenant. . . ......... . .. .. ... . ... ... ... .. .. .. .. .. .. .. . .. .... . . . .... .. .. ..... . . .. .85 Special Services .................................................................................... 8 5 Marine Unit .......................................................................................... 86 Canine Unit..................................................................... ..................... 87 Community Services............................................................................ ...89 Community Action Team......... ....... ........ ......... ...... .............. .................. ...89 Community Education... ... .. ... . ..... ..... .. . .. ..... .. . . ... . . . .. . .. . .. .. . . ..... .. . .. ... . . .. .. . .. .93 Traffic Unit...... ... . .. . . . ............... ... . ... ........ '" ..... .... . ... .. ..... ........ .. ... . . ....... 96 S W AT.. . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . ... . . . .. . ... . . .. . . .. .. . . . . . . . . . . . . .. . .. . . . . .. . . .. . . . . . .. . .. . . . .. I 03 Support Services. .... . . . . . .. .. . . .. . .. .... .. ...... ...... . ....... . .. ...... ..... . . ...... . .... . . .. . .. . . . . ... .. .. I 06 Investigations... ... . ..... . .. ........... . ..... . ...... ... ... ... .. . . .. ... . .. ...... . . . ... . .. . ... . . . ....] 07 Vice Unit.............................................................................. ..... . .. . . .. .122 Crime Analysis... ....... ...... ..... ......... ...... ... ...... .... ..... ... ..... .... ... ... ... ...... ... ]25 Crime Scene Unit.. ........ ...... ........ ... ... .... ..... ... ..... ....... ...... ................ .... .127 Property & Evidence Section....................................................................] 28 Records Unit.................................................................................... ...134 Staffing Summary... ... . . . ......... .... . . '" .... . .. . . .... .. ... ......... . .... . ..... . ... ... .. .... . ... ... ... ...140 The Police Executive Research Forum 2 Management Study of the Boynton Beach Police Department Introduction The Police Executive Research Forum (PERF) was contracted by the City of Boynton Beach, Florida to conduct a Management Study of its police department. The site work for the study began in February, 2006 and this draft report was submitted in May. The study entailed the collection and review of considerable data, the interview of a great many stakeholders from within and outside the police department. The PERF study team met with sworn and civilian members of the department, at every level, to understand the department's organization, staffing, scheduling, policies, management style, policing style, how work was performed, and much more. The team also met with city officials, and representatives from the various residential, business and other communities in Boynton Beach. What came through, clearly, is that everyone was open, honest, and very interested in doing their part to make policing in Boynton Beach the very best it can be. Every person interviewed made a valuable contribution and the PERF team wishes to thank them for taking part in this effort. The following report addresses issues surrounding the police department's leadership, management, and supervision, its policies and written directives, how the department is organized and staffed, how well it interacts with the public, and it includes a unit by unit review of the various department and its and functions. The Police Executive Research Forum 3 Management Study of the Boynton Beach Police Department Leadership, Management and Supervision Perceptions In order to prepare this report the PERF team conducted a great many interviews of both sworn and civilian members and participated in ride-alongs with patrol officers. From those interviewed we gathered much information about how work groups performed, what the problems are that members face every day, and so forth. The team also took the opportunity to ask these members of the department about their perceptions regarding the day-to-day operation of the department, seeking their perceptions as to supervision and management, their views about community relations, community policing and problem solving approaches used by the department, what was working well-and what was not, and much more. Almost without exception, members of the department-at every level--explained that morale had been so low and individual officer's feelings about their own future with the department were so deflated, that with the appointment of Chief Immler came a new attitude and very high level of morale. Some interviews were difficult to manage because officers felt there were no longer any problems or that all the issues they thought were important, had been, or were in the process of being, addressed. A few officers recognized that not every problem had vanished, and that there was still work to be done. But they were clearly more hopeful than before that things were moving in the right direction. Many expressed that supervisors had, in the past, been wary about taking any actions that could end up causing them trouble and initiative was not rewarded. Over time, this led to an overall lack of direction, and dysfunctional supervision. Much of that is now in the past. Officers say their supervisors are now empowered to make decisions and make things happen. Supervisory Expectations The chief and his top command are in agreement that they want patrol lieutenants and sergeants to take a greater role in making the decisions as to the daily deployment of zone officers. They feel the lieutenants and sergeants should be aware of the problem areas and recent crime patterns to the extent that they can apply resources directly to the problem. These resources can be patrol The Police Executive Research Forum 4 Management Study of the Boynton Beach Police Department officers (in excess of minimums needed to staff the zones), CAT, K-9, or even Code Compliance when needed. Though some officers and supervisors reported that the department has been moving toward a greater emphasis on community policing, they perceive that the calls for service workload- especially in the evening-is very demanding and that officers run from call to call most nights. The accuracy of this perception is explored later in the review of patrol workload. They indicated that when time permits, they are encouraged by their supervisors to do more than just handle the call when there is a problem to resolve, but few examples were readily available. It was remarked that with computers in patrol vehicles, officers have the ability to access crime prevention information with relative ease. A review of the crime analysis reports provided by the department finds that a great deal of data is compiled in tables, year-to-date comparisons, crime lists, crime detail accounts, and crime mapping documents. At several levels, it was noted that the flow of information is more informal than formal. Officers felt they were well informed about the issues that impact them, but many workgroups report taking part in few formal meetings to discuss work issues and potential solutions. In some instances, it was offered that tight work-space made daily interaction enough, that there was nothing to discuss at a meeting. However, over-the-desk interaction is not a substitute for formal discussion of agenda items formulated by supervisors to address unit concerns. Supervision on the street was noted as the PERF team conducted ride-alongs with patrol officers. Sergeants were observed responding to calls where they anticipated problems or the need for supervisory guidance. Many of the officers, FTO's and sergeants interviewed made reference to the fact that the department is young with many less experienced officers. Attrition and growth have had their impact on the overall age of patrol officers. As such, sergeants are not overly involved in their officers' calls, but there is a subtle recognition that they need to be available. However, it was noticed-and somewhat supported by the CAD data assessed by PERF-that officers are free, and sometimes encouraged, to respond to calls on their own initiative. The The Police Executive Research Forum 5 Management Study of the Boynton Beach Police Department upside to this is that officers were observed to be very mindful of the need to cover, or back each other up. However, the team regularly observed multiple back-up officers at the scene of routine traffic stops. In other instances we noticed that when two officers were dispatched, several more arrived on the scene. Officers and sergeants, when asked, supported the need for more officers at most scenes, even when not dispatched. They cite officer safety concerns and the need for extra officers when there are crowds to control and scenes to protect. However, these decisions should be considered in dispatch protocols and the assessment of first cars and supervisors on the scene rather than individual officers working other zones. The primary downside to this practice is that no one is overseeing the ready availability of officers in other areas of the city. Union Relationships The Palm Beach County Police Benevolent Association (PBA) represents all sworn members of the department except the chief and the two majors in labor negotiations and contractual matters. There are three contracts (officers, supervisors, and command officers) with the same organization. Index Code 708 (Grievances), and the current collective bargaining agreement govern the department's grievance process. Historically, labor relations have been uneven. With the passage of the most recent labor contract and the appointment of the current chief of police, relations have dramatically improved. The PBA representative reports that the present chief is accessible, very knowledgeable of the law and the existing contract, and is always professional in his dealings with the PDA and its members. Unlike in the past, issues are now dealt with up-front and in the open. The PBA reported that no major issues are pending and that none are expected. The primary concern of the PBA, at this time, is the lack of adequate workspace and the city's priorities. Civilian employees are represented by the National Conference of Firemen and Oilers, SEIU, AFLCIO Local] 227. This union does not have a representative within the police department. Police employees are represented by the same representative who handles the city. Civilian supervisory personnel are not represented. It was reported that supervisory representation has The Police Executive Research Forum 6 Management Study of the Boynton Beach Police Department yet to be resolved. As with the PBA, this union also reports having an exemplary relationship with Chief Immler and expects that it will stay that way. Rank Structure The department's rank structure has been flattened to include only those leve]s necessary to supervise employees and manage the organization. There is no excessive rank in this department-neither in levels, nor in numbers. Under the chief of police there are two majors who manage the two largest organizational components. The fonner position of Assistant Chief has been eliminated and there are no captains. Under the majors are the department's seven lieutenants. They serve as unit heads throughout the department. Responsible to the lieutenants, are 2] sergeants who provide first-line supervision over the remaining staff of officers and civilian employees. There are also three detectives, a rank being phased out, as the more recent position of investigator is interchangeable with police officer. Five of the lieutenants are assigned to Uniform Services, four as patrol Platoon Commanders, one as the Administrative Lieutenant who oversees Community Services and Special Services. The remaining lieutenants are in Professional Standards to manage Interna] Affairs, Staff Inspections, Training, and in Investigations over three investigative teams. Span of Control In patrol, each lieutenant supervises three sergeants. Each of the sergeants supervises six to seven officers. This is well within professional]y accepted standards and allows for a relatively high level of supervision. The administrative lieutenant supervises two sergeants. The Professional Standards lieutenant oversees three sergeants, as does the Investigations lieutenant. The span of control for sergeants outside of patrol is more variable, but not inappropriate in any instance. In Staff Inspections, the sergeant does not have a typic a] supervisory role, but rather is in a position that-because of the nature of the work-should be of a supervisory ]evel. The traffic sergeant, because of his oversight of both traffic officer and CSOs, has a span of control of ] 6 which is more than preferred and may eventually require an officer to supervise the CSO program. The Police Executive Research Forum 7 Management Study of the Boynton Beach Police Department Unity of Command Unity of command refers to the premise that no employee should be required to work for two supervisors so as to avoid being given conflicting direction or work expectations. In police work, because of shift schedules, inconsistency in days off, call-backs, and geographic responsibility, it is not uncommon for officers to work for different sergeants at different times. The greater issue is that they should not have more than one designated supervisor for evaluation purposes. There are currently two situations where technical violations of unity of command are noticed. K-9 officers are assigned to work for patrol supervisors on a day-to-day basis. They take their direction from the patrol sergeants and they are evaluated by them, but they answer to Special Services for administrative purposes (all the issues that are not relative to patrol shift work). This is fully appropriate, effective and-from all accounts-working well. Another such situation exists with regard to the Public Information Officer (PIa). The PIO answers to the Professional Standards lieutenant, who works directly for the chief of police. Yet in matters of public information, the PIO works directly for the Chief. Ideally, if the PIa were only the PIO, it would be recommended that he be reassigned to work directly for the Chief to permit direct access without the risk of information filtering. But, in this instance the PIO has other roles that are suitable for supervision by the Professional Standards lieutenant. As such, there is no problem or recommendation regarding this working relationship. Show-up Rate Though not a direct component of supervision, when conducting any staffing assessment it is important to identify the actual officer availability calculation, or "show up rate" for the members of the department. That is, officers are typically expected to work 2080 hours a year. However, from those 2080 hours, there are losses to vacation, sick leave, holidays, jury duty (and other such leave categories), training days, etc. Ideally, the department tracks these losses and can provide the number of hours its officers are "actually available" to work assigned shifts. Some departments track this data closely and are able to provide pinpoint accuracy in accounting the hours lost. The Boynton Beach Police Department was not able to provide "actual officer availability" data. In the absence of these actual calculations, PERF relies on its experience with The Police Executive Research Forum 8 Management Study of the Boynton Beach Police Department other departments in which these calculations have been available. Typical "Actual Officer Availability" is about 1 ,550 hours a year. In younger departments, where less senior officers earn less leave, the number of available hours can increase to 1580. This equates to a "show-up" rate of 76 percent-which is the rate used for staffing determinations in this assessment. Temporal versus Geographic Responsibility At present, the day-to-day management of patrol rests with two lieutenants, one each on Alpha and Bravo shifts. This provides temporal management. The lieutenants are responsible for what takes place during their time on duty. However, four lieutenants working II Yz -hour shifts, cannot cover every day of the year. This, then, adds a number of sergeants to those who are responsible for the patrol management of the city. The result is that one business owner or resident might find that six or more officials share the management of policing his location. If he has a recurring problem, there is no single manager accountable for the collective actions or performance of the police except for the Uniform Services Major or the chief of police. Many departments have found the level of accountability for the patrol function is much more enhanced when managers (lieutenants in this instance) are accountable-at all times-for a designated geographic area rather than for all geography but only when working. This allows the patrol manager (the Uniform Services Major, in Boynton Beach) to demand specific accountability for the conditions, problems, and solutions, for each geographic segment of the city. It then becomes the responsibility of the lieutenants to work with the crime analyst to develop a clear picture of the crime conditions in his/her area, and to develop a solution strategy that best utilizes his/her patrol resources, and other departmental resources that may be brought to bear on the problem (CAT, CSOs, Code Compliance, lnvestigations). Strategic Planning Noticeably missing is a strategic plan for the department. The chief of police engages in a form of short-range (annual) planning as part of the budget process, but there is no formal process to establish the department's goals and objectives. Most management experts have agreed in recent years that long-range (10 year) planning is no longer effective because fast moving change The Police Executive Research Forum 9 Management Study of the Boynton Beach Police Department renders them useless. But 3 to 5 year plans are still necessary to address anticipated needs and predictions. The department's management team should be continually projecting growth, crime trends, new areas of concern, community expectations, and more to anticipate how it should prepare to meet those expectations. An annual strategic planning process should involve identifying anticipated needs and developing an action plan to meet those needs. The Police Executive Research Forum 10 Management Study of the Boynton Beach Police Department Mission, Valnes, and Code of Ethics The department has a mission statement that reads, as follows: All members of the Boynton Beach Police Department shall work in concert to provide effective, efficient and impartial police services to our community. Our personnel will remain mindful of the public trust associated with their position and will selflessly execute their duties for the betterment of our community. We will maintain an open, honest, and respectful dialogue with our community and with each other in order to cultivate the successful partnership needed to address both law enforcement and quality of life issues. The mission statement is respectful and to the point. After the mission statement the department identifies four "Values" to which it subscribes: . Diversity, . Integrity, . Creativity, and . Stewardship. Values are important beliefs that guide the organization and the behavior of its employees. Once identified and established, these values should permeate every action taken by members of the department. Some departments understand that values are a management tool to aid members as they make decisions, exercise discretion, and contribute to the overall performance of the organization. In Boynton Beach, the Chief went beyond the expression of values, by putting forth a Code of Ethics as a department directive. It spells out that as a law enforcement officer, members have a duty to safeguard lives and property, and protect the innocent against violence or disorder. It calls for members to serve as an example in honesty, self-restraint, and to obey laws and the regulations of the department. It expects officers to "enforce the law courteously without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities." The Police Executive Research Forum II Management Study of the Boynton Beach Police Department Then there is a component of the directive that instructs members in the application of the code of conduct. The directive reminds officers they will be scrutinized, and that the principles of the Code of Ethics are to guide and direct their actions. The directive spells out that training (lesson plans) is to include an ethical component, and that supervisors throughout the department are "charged with an obligation to insure that whenever possible, members under their commander engage in practices that are consistent with those ethical standards covered during departmental training." This is clearly an exemplary practice in law enforcement. Recommendations: 1. The Chiefs desire to empower lieutenants and sergeants to make daily deployment decisions in response to specific crime or community problems is a good one and deserves follow-up. But empowerment to get things done should reach down to the level of patrol officers. When practical and appropriate, they should be encouraged to seek out the root causes of problems that resulted in the police being called, and to identify community problems (quality oflife issues) that they can impact as they perform their duties. Unquestionably, there will be times when call load demands are all consuming; but time spent engaging the public, and identifying and solving problems will eventually help to decrease calls for service workload. 2. Unit supervisors and managers should make a concerted effort to regularly meet with subordinates to discuss issues of importance to the members, departmental information and workload issues. Sometimes managers assume their subordinates are fully informed about workgroup issues and departmental matters. When they are not, rumors take hold. This is not reported to be the case in the department at this time, but it once was. Several workgroups reported to PERF that regular information sharing meetings were not routine. This recommendation is intended to remind supervisors and manager that maintaining an open flow of communications is important. The Police Executive Research Forum 12 Management Study of the Boynton Beach Police Department 3. Patrol sergeants should ensure that officers are not self-dispatching themselves to calls out of their area. Officers need to back each other up on calls and traffic stops, but dispatchers should be making those decisions based on a dispatch protocol. Sergeants should monitor calls and can override the protocol when there is a compelling reason, but officers should not be making decisions to go to calls to which they were not dispatched. Officers engaging in high priority responses on their own volition can result in undue liability and also unnecessarily leave large areas of the city without police coverage. In addition, a large number of police cars at a scene may draw spectators who want to see what is going on who may interfere with expeditious handling of the event. 4. The department should track the availability of its members for actual duty (the "show- up" rate). The data is most often available from payroll records, time sheets, etc. In some assignments, workload is calculated based on the number of hours needed to address the work, in others the issue is the number of hours of coverage that is needed. In either case, the actual officer availability/show-up rate is an essential factor in determining the number of officers needed in the unit or function. 5. The Chief should move toward the adoption of a geographically based accountability model. By establishing sectors of the city that are, each, the full-time responsibility ofa patrol lieutenant, there is a greater acceptance of accountability and enhanced responsiveness to the public. 6. The current relationship between the chief of police and the two unions that represent sworn and civilian employees is on sound footing. The high level of trust that exists is a valuable asset and every effort should be made to keep it high. The department may find it useful, as some others have, to include in-house union officials in general management meetings to keep open the flow of communications. 7. The department's linkage of values and ethics to the actions of its officers and the requirement to provide training that incorporates ethical implications is an outstanding practice. Some police departments construct their entire code of discipline so that every The Police Executive Research Forum 13 Management Study of the Boynton Beach Police Department charge of misconduct relates to a department value that the infraction violated. As the department revises its written directives (Index Codes), this could be considered. 8. The department should create a strategic plan to prepare itself for the future. Each manager should be responsible for a component of the overall plan, with specific goals and incremental objectives. At regular planning sessions those managers should then be required to report on objectives met, failures or roadblocks, and goal modification that may be necessary to keep the plan on track with changes that may have taken place. The Police Executive Research Forum 14 Management Study of the Boynton Beach Police Department Written Directives Whether called General Orders, Policies and Procedures, Rules and Directives, or Index Codes, these written directives are established by police departments to guide and direct their members in the various tasks they must undertake as they perform their duties. Some written directives address expectations-such as code of conduct-while others are more specific about steps and considerations that cannot be overlooked when performing a certain operation or administrative function. Some are unique to the department for which they were developed, while others address issues common throughout policing. The most critical are those that are most often the subject of litigation, liability and critical media and public attention. PERF conducted a review of the critical written directives of the Boynton Beach Police Department. The Index Codes, or written directives, of the department tend to follow a simple format for style and consistency. The directives for internal formal policies are found in Index Code 205, 205.1 and 205.2. The statements of purpose were found to be clear, direct and consistent with similar practices in other law enforcement agencies. The "definitions" components of most policies were relatively simplistic and do not address many of the unique elements found in the best policies. Within each policy, the Boynton Beach Police Department has noted which specific procedures of the Commission for Florida Law Enforcement Accreditation (CFLEA) apply to the identified issues. However, some Boynton Beach policies are somewhat dated and are still under the signature of a former police chief. For example, "Police Discretion & Alternatives To Arrest. Index Code: 105.2" is dated August of 1999. Understandably, the current chief of police has not been in his position long, and recreating policies for his signature is by no means a priority. But, most law enforcement agencies require each policy to be reviewed no less than every two years, and CFLEA, under standard 3.01(c) requires that the agency have "a system for keeping the directives current." It may well be that policies dated 1999, and even longer ago, are still valid and current, but they should demonstrate that they have been reviewed and updated, as needed, on a regular basis. The Police Executive Research Forum 15 Management Study of the Boynton Beach Police Department As a minor issue, the "Table of Contents" does not include page numbers, nor do the available documents have a reference index. The policy manual should offer an easy method of finding relevant documents, especially for new employees who are responsible for learning and understanding all department policies. (It was also noted that SOP 0] -02 "Patrol Operations" was not included in the PDF document PERF was given to review.) Recommendation: I. While the headings for each policy are similar, they should incorporate the title for the unit/supervisor that is responsible for policy updates and identify a specific date for periodic (semi-annual, annual or biannual) review and revisions. The department should also develop a comprehensive index which provides a detailed listing of related policies for separate issues. For example, an item like "Firearms" could refer to Index Code 40], 402, 402.2, 403, as well as "Canine Operations." Use Of Force In General The first criterion in striking the optimum balance between the appropriate use of force, necessary restraint, and applying effective decision making skills in any department is the adoption of sound and effective policies. Policy development is the written expression of the philosophy of any organization. It is fundamentally necessary for departments to enact strong policies, thoroughly conveying organizational expectations, scope of authority and defining reasonable actions. The Boynton Beach Police Department's "Use of Force" policies were generally found in Section 40] through 404. Other related use of force policies include Section] 630 "Canine Operations, " Section] 650 "Vehicle Pursuit," and Section 2005 "Arrest Procedures." PERF also reviewed Training Bulletin Vol ], #4 "... which supplements but not supersedes Index Code 40] on the use of deadly force." The use of force policies met the basic standards for policies found at other well-managed law enforcement agencies. The "use of force" policy (Index Code 401) utilized the standard outline but did not have a definition section. Incorporating a definition section would allow the The Police Executive Research Forum ]6 Management Study of the Boynton Beach Police Department department to define key terms and clearly express the intended meaning of these important terms. The common definitions found in most department policies would have included other key areas. For example, the following definitions would incorporate key department values: Deadly Force: Force which is likely to cause death, serious bodily injury, or permanent disfigurement. Imminent Threat: Perception of danger of bodily harm to oneself or others from any action or outcome that may occur during an encounter, absent any action/intervention by a law enforcement officer. Objectively Reasonable: Officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the offense, the level of threat or resistance presented by the subject, and the danger to the community. Training Bulletin Vol. ], #4 has additional details and definitions on the application of force, prohibitions for equipment and procedures and an elaboration of the Force Continuum. While the training bulletin does provide additional officer response details, it did not address post- incident reporting or assessment. The watch commander/patrol supervisor paragraphs (Index Code 40], Section IX "Department Response") include a listing of internal and external notification that should be made when deadly force is used during an incident. It addresses the long-term administrative review, assessment and potential revision practices that would normally follow such an incident. The "Force Reporting" (Index Code 40], Section VIII "Reporting Use of Force") succinctly covered the initial response and mitigation phase of a use of force incident. The actual use of force report form (Index Code 40], Appendix A) was very basic and may not provide a sufficient amount of detail to assess officer reactions, supervisor response and incident , outcomes. The form identifies four specific components that are required to be in the Offense Report. There may be additional elements which may be necessary and are expected to be found in every incident report regarding a use of force. The Police Executive Research Forum 17 Management Study of the Boynton Beach Police Department An additional policy, which is normally considered an adjunct use of force policy, is the canine policy (Index Code 1630, "Canine Operations"). This department's canine policy, while succinct and somewhat basic, does cover the general use of force standards. However, the issues related to dog bites are limited to a supervisory requirement to ensure an incident report and a use of force report form are completed. The canine policy does not address long-term review of dog behavior in regard to apprehensions. The training section of the canine policy (Index Code] 630, Section VI "Training") specifies the number of training hours required for canine teams (four hours weekly) but does not outline the standards to be achieved in training by the dog nor the competencies required for the handler. The policy should also outline the appropriate procedures if a canine team is not meeting required standards, similar to the firearms qualification procedures. Recommendation: 2. Since there are multiple policies and training bulletins that address use of force issues, a new officer and/or a new supervisor within the agency will have to be a careful reader for both the philosophical and practical components of the department's use of force practices. A single, comprehensive document is needed that will identify the individual critical components of the department's policies. Use Of Firearms Several directives (Index Code 401,402,402.2,403, and] 630 "Canine Operations") address firearms issues. We also reviewed Training Bulletin Vol 7, #3, which "establishes a standard ... for the proper storage of agency authorized firearms." Within the authorized weapon policy (Index Code 402 and 402.2), officer training, qualifications and utilization of other weapons are described. "Less Lethal" weapons are identified as well as the basic training, qualification and re-certification practices. The Police Executive Research Forum ]8 Management Study of the Boynton Beach Police Department The policy identifies the requirements for inspection, review or qualification and as well as temporal requirements that are specified. The most effective practices found to exist in other agencies specify that weapons inspections, training events and qualification tests should be conducted at no less than an annual basis and more frequently for critical skills and knowledge requirements. This department's policy requires that officers receive in-service training on use of force policies at least annually but does not specify how officers will demonstrate personal knowledge of the primary elements of the use of force policy. Index Code 40 I, Section VI has very broad requirements for providing medical aid for anyone as a result of any use of force. Additional details on providing first response medical aid for use of force injuries should be identified. For example, eye flushing assistance for persons exposed to pepper spray is considered to be an effective practice. Recommendation: 3. PERF's review did not find a general policy outlining the SWAT team practices and procedures. There are references to SWAT member selection and deployment. The Barricade and Hostage policy (Index Code 2308) provides some details on initiating and de-activation of a team call-out. Policies found at other similarly situated teams would also outline the command decision-making authority on the rules of engagement and use of lethal force to either contain or terminate the active shooter. Pursuit Driving The policy for pursuit driving is found in Index Code 1650. The policy gives general tactical information normally found in the policies of similar police departments. The public safety considerations of pursuit termination, tire deflation devices and limitations for roadblocks and ramming are clearly identified. The Police Executive Research Forum 19 Management Study of the Boynton Beach Police Department Recommendation: 4. Some of the general elements that should be expanded in this policy would include a description of Emergency Vehicle Operations Competency training requirements for officers as well as personal demonstrations of the officer's knowledge of pursuit policy components. Internal Affairs Procedures The internal complaint investigative process is found within Index Code 300. The internal affairs policy meets the basic standards for policies found at other well-managed law enforcement agencies. More specifics about current investigative procedures are discussed in the Professional Standards section of this report. Recommendation: 5. The policy requires specific handling and monitoring ofInternal Affairs activities but does not designate a specific position or location for internal investigative files. Additionally, there are no specific time lapse requirements outlined in the policy. As addressed in the Professional Standards section of this report, best professional practices specify a time period in which initial investigation must either be completed or a status report be completed and approved by the chief. The time limits would also apply to keeping the primary complainant notified about the current status of the investigation at periodic intervals. Property And Evidence Control Index Codes 1201 to 1204 cover Evidence and Property issues. We also reviewed Training Bulletin Vol. 7, #6, "comprehensive guideline ... when entering evidence..." The policies addressing evidence were found to be very detailed and they cover all of the critical issues related to this law enforcement component. Required practices for handling drugs, The Police Executive Research Forum 20 Management Study of the Boynton Beach Police Department currency, jewelry, firearms and other critical property were clearly outlined. Procedures for disposing of evidence and property were similarly clear and sufficiently detailed. Compliance with EEO, Affirmative Action and Sexual Harassment Laws Boynton Beach Police Department's Index Code 713 discusses the issues of "Discrimination and Sexual Harassment." Under section VI, "Complaint Processing," there is a clear specificity as to who will be conducting the investigation. However, there is no information about the potential timetable or time limits required for completion of an investigation other than to "promptly investigate." The other critical factors not included in this policy are: the lack of discussion of employee training in this critical area; the responsibilities of first line supervisors to be monitoring employee behavior; or any training for supervisors in the intervention or investigation of inappropriate conduct. Recommendation: 6. Index Code 713 should be strengthened to specify a time frame in which investigations must be completed, responsibilities of first-line supervisors, and training considerations. Performance Evaluations The performance evaluation process is eXplained in departmental Index code 700, dated 2001. A group of six evaluation forms were developed for this purpose. They are for: Police Officer; Detective; Supervisor; Command Officer; Community Service Officer; and General (civilian) Employee. Each form lists 12 to 16 dimensions to be rated. Each includes Appearance and Attendance, and other dimensions that are particularly suited to the class of work to which they apply. Training is to be provided to all raters before they undertake any evaluation. For each dimension, there are a series of anchors that describe behaviors or levels of performance that are demonstrative of above standard, standard, and below standard The Police Executive Research Forum 21 Management Study of the Boynton Beach Police Department performance. This guides evaluators in determining the correct numerical score for the type of behavior or level of performance they observe in the subordinate being rated. Ratings are to be completed only by immediate supervisors and consultation is required if more than one supervisor was involved during the rating period. The system calls for an evaluation meeting at the start of the rating period and encourages supervisors to discuss with employees their performance and professional development throughout the period, but the only required mid-period meetings are when sub-standard performance is noted. A meeting is mandated at the time of evaluation presentation. At that time, the rated employee is to be guided in what he/she can do to elevate performance. Employees who disagree can attach their rebuttal. Evaluations are reviewed by the evaluator's supervisor, who can approve or attach hislher own comments. If the employee disagreed with the evaluation, the reviewer is to conduct an interview and attach a report for the chief of police. In the alternative, the employee can also request to meet with the appropriate Division Commander who then also prepares a report for the Chief, who exercises final review authority. Recommendations: 7. All in all, the process is a good one. The premises are sound and the review process is fair. However, the use of pre-established dimensions provides too little opportunity to evaluate the actual outcome of the work performed by the member. Many would agree that is more important to rate the value of the members actions that was actually brought to the community than to rate the employees knowledge, skills and abilities without regard to outcomes. That said, it is recognized that astute raters can-and often do--take outcomes into consideration, but there is no requirement to do so. Some departments have also found it makes sense to link performance evaluations to the department's mission and values, making every rated dimension an output of the very most important reasons the department exists. The Police Executive Research Forum 22 Management Study of the Boynton Beach Police Department 8. The requirement to meet with subordinates at the onset of the rating period allows for the supervisor to discuss expectations and a methodology for the employee to be successful. However, it strengthens the process when the plan-whether through hard work or professional development-is documented and made part of a "contract" that the employee agrees to undertake. Then at the half-way point of the evaluation period the supervisor should be required to document a fonnal meeting with the employee, at which progress, failures, roadblocks, and possible modification to the contract are discussed. The department should consider strengthening the evaluation process in this way. The Police Executive Research Forum 23 Management Study of the Boynton Beach Police Department Organizational Structure The Current Organization When PERF began this project, the actual structure of the organization had changed and was not as depicted in the chart provided. The most noticeable difference was the elimination of the Assistant Chief and his former command. Chief lmmler reorganized the department into two major components, each headed by a major who answers directly to him. The Chief then retained a number of functions that would be directly responsible to him. The following chart depicts the organization as reorganized by the Chief in the early part of2006. The dotted-dashed line from the Alpha and Bravo Shifts to the K-9 Unit depict that K-9 officers work for the patrol sergeants, but are administratively assigned to Special Services. This was discussed under the Unity of Command Section of this report. The Police Executive Research Forum 24 Management Study of the Boynton Beach Police Department The Current Organization - -- . {=Of:IiCe}- '-----~......,j I Chief's Administrative Staff Uniform Services Support Services Budget Services '--- Gas~ ~ Code Compliance -~ Bravo Sh~ 1 Admin Lt. Technical Services Traffic Professional Standards Go mmunity Services ~- [~~ un~.._" Internal Affairs Police Athletic League Records! }__ Evidence Staff Insp! PIO Training Special Services --J- i, Marine ~ -~--- The Police Executive Research Forum 25 Management Study of the Boynton Beach Police Department The Proposed Organization The PERF team found the organization, as presented by the Chief to be essentially sound. The size of the department does not demand the added layer of Assistant Chief. Though the number of functions that are directly responsible to the chief of police is larger than typically found, it is a reasonable assortment of functions that a chief might wish to supervise, personally. The Budget Services function and Professional Standards are best managed directly by the Chief. The department's budget officer and the manager of internal investigations should not be subject to potential interference by an intervening layer of management. Similarly, the PIO should have unfiltered access to the Chief since he essentially speaks for the Chief in matters of public interest. Training is typically not in the list of units managed by a chief, but in this instance, the function is among the responsibilities falling to the Professional Standards lieutenant. Since it is not the Chief s "direct" responsibility, it should cause him no difficulty. Code Compliance, however, would be better suited to fall under the Community Services Sergeant. Code Compliance works on the quality of life issues that are not dissimilar from the goals of the CAT function. In fact, if they worked for the same sergeant, there might be a greater likelihood these two units could join forces more often toward common goals. The current organization also places the Crime Analyst within the Special Victims Unit under Support Services. This function is critical to understanding problems that need to be addressed by both Patrol and Support Services (Investigations). Much of the Patrol deployment strategy and the application of resources from around the department stem from the work of the Crime Analyst. It is recommended that this position work directly for the Chief with a close input relationship with both majors (reflected by the dotted line). Placing the Crime Analyst under the Chief highlights the importance of the function to the mission of the department. The Police Executive Research Forum 26 Management Study of the Boynton Beach Police Department The Proposed Organization I C,;me Aoaly" ---=r T -~ Unifor~------' . ~~uppo: Services ~ervices -{ Alpha ~~i~-~ 1 Bravo Shift I Admin Lt, r C~ra~ Q------;} Community Acti?n!~am Police Athletic League IInvestigations Lgen Assign E Special Victims L__~'N Unit Records! Evidence 2; -"-- K-9 Unit J Chiefs Adm inistrative Staff Budget Services Technical Services Professional Standards Staff Insp! Pia The Police Executive Research Forum 27 Management Study of the Boynton Beach Police Department Community Perceptions In order to gauge public perceptions about the police, the PERF study team met with several focus groups assembled from various segments of the Boynton Beach community. Among the citizenry that was represented were members of variety of groups from within the city-the middle-class, the business community, the city's minority community, residents from gated communities, and the city's youth-all with valuable insight as to how the police are viewed. Each group had its own relationship with the police, some good, some in need of improvement. The business group characterized the department-today-as very open and interested in helping. They characterize Boynton officers as courteous, helpful, and armed with good advice when asked for guidance. Since Chieflmmler has been appointed, they recognize a different attitude in the police officers with whom they have contact. Morale is much better than it had been, One resident remarked that it was not an easy job, and that officers have difficult times in some neighborhoods. Some thought the issue of illegal immigration was a problem for officers because the expectation of police behavior and authority is uneven among different cultures. Members of various groups were very complimentary about the department's performance during the 2005 hurricanes. They thought the department went the extra mile making sure the public was safe. Many residents recognize a stepped-up police presence on bicycles, but generally feel the police are not as visible as they would like. "They come when you call them, but that's about the only time you see them," reported one resident. This reference was made in regard to one of the city's many gated communities. Residents in these communities understand that being behind security gates, there is less crime and they are less vulnerable, so the police may not find it as critical to patrol their streets as much as the higher-risk areas of the city. However, they still would like to see routine patrols more often. There is a perception that officers patrolled the gated communities more often, in the past. In other neighborhoods, residents thought that officer visibility was more frequent and sufficient. Some thought that officers were responding to their calls quicker than in the past. One area of The Police Executive Research Forum 28 Management Study of the Boynton Beach Police Department concern was that on occasion the police have chased motorists through residential neighborhoods. Subsequent discussion led to requests for speed bumps and more traffic assignments to curtail speeding on residential streets. A number of residents spoke of specific incidents of juvenile fights in which the police response was timely, and officers quelled the immediate situations, but nothing was done in terms of actual problem solving to eliminate the cause of the problem. In fact, they report officers responded to calls about the same problem several days in a row. The business community is generally pleased with the police. The Chamber of Commerce reports it has 700 business members, and none have voiced complaints about the police, though like everyone they would enjoy a greater level of visibility especially in the evening hours. They would like to see more bicycle patrols. They also recognize that the impending business and residential growth throughout the city will tax police resources and hope the department will be staffed and funded to meet the future. Views on the department's commitment to community policing varied among the groups. A common theme that was heard from several members of several groups is that the chief of police seems to be pushing community policing, but too few officers get out of their cars and actually communicate with residents. Officers respond and they do their job, but they don't interact unless they are on a call, on a traffic stop, or moving someone along. That said, residents still thought officers were approachable and friendly. Few residents thought that the same officers were regularly responsible for policing their neighborhoods. From the public's descriptions, the concepts of "beat integrity" or "beat ownership" are not widely practiced. Communications shortcomings between the department and the public came through in several discussions. Residents recalled incidents that left them confused about police practices, but they were not aware of a comfortable avenue to seek an explanation. It was interesting that their curiosity was great enough that they raised the questions to PERF staff in search of answers. Examples of their curiosity included: "Why do officers have to block the entire street when they make a traffic stop?" and, Why do officers drive with their lights and siren on, then turn them off but still keep going like it's an emergency and run stop sign or red light?" Both situations can be The Police Executive Research Forum 29 Management Study of the Boynton Beach Police Department easily explained, but not when the citizen feels uneasy about seeking out the answers. One resident from the minority community remarked that he could recall incidents-well in the past-in which he initially thought police were abusive, but later wondered if the actions of the police might have been justified, but no one was there to explain the officer's actions. He worries that this kind of communication might still be missing. There were mixed responses about making a complaint about a police officer. The majority of those present had never experienced a need to complain about an officer or police practice, and had no idea how to initiate a complaint, but felt the department would be responsive and help them through the process. A few who were familiar with the citizen's complaint process thought it worked well and that complaints were handled properly. Others, from the African-American community, were less certain. They report a history of weak follow-up on complaints, but they admit these recollections are older, and they have no recent accounts. The greater concern voiced was not about the complaint process, but rather about a number of personal and anecdotal reports of poor treatment of minorities at "the window," where the public goes for information and direction. Several group members recalled incidences of demeaning treatment, unwillingness to provide information about arrested relatives, refusal to provide police report information, etc. Unquestionably, the greatest community issue for the department lies in the poor relationship between the police and minority juveniles. This group was united in their distrust of most officers. There were exceptions, but they were few. They report routine harassment, being held to unrealistic standards and rules that change from officer to officer. UniversaJly, they claim to be treated without respect. Those who drive indicate they are stopped routinely without cause. Some residents and businesspersons felt the department suffered from understaffing, and suggested that the department put more civilian employees behind the desks to get the officers on the street. There was a general concern that the city is growing, more housing is being built, traffic is worsening, and the police department needs to grow accordingly-beforehand, not after-the-fact. Some were aware the department has officers in the academy and that some growth is underway, but they were fearful not enough new officers were in the pipeline. The Police Executive Research Forum 30 Management Study of the Boynton Beach Police Department Some group also noted that there is too little police presence at community association meetings in the less troubles neighborhoods. There was also an interest in seeing the department resume its harbor patrol function, which is currently not staffed. Yet in other neighborhoods, residents thought police representation at meetings was good, with officers, sergeants, or "PR types" in regular attendance. Some residents spoke about the department's Citizens on Patrol (COP) program. Others knew little or nothing about it. Those familiar with the program regard it as a valuable community asset, but some thought it was not utilized to its capacity-partly because is was not adequately publicized, and partly because the department may have liability concerns. Some felt this was a resource that could be used to address traffic around schools at start and end of the school day. There was some discussion about the perception that too many officers cannot reside in the city, or even the county, because of the high cost of housing. They felt officers should be compensated at a level that would permit them live in the city-which they thought would lead to more officers being issued take-home cars-which was seen as step toward more officer visibility in the city's neighborhoods. As for recruitment, it was suggested that the department should be seeking out the most professional recruits possible, but that the current salary being paid to officers might not attract the best. When asked about the effectiveness of the city's approach to Code Enforcement, most thought the city was going a good job. Some indicated that Code Enforcement officials were effective because their focus was as much about helping people come into compliance as opposed to just enforcement. However, one person reported an incident in which local citizens had to undertake their own clean-up efforts at a nursing home after months of complaints and inaction by the city. For many in the group there was little understanding about the effectiveness of Code Enforcement in the city. Knowledge of the department's Citizens Police Academy varied from group to group. Some persons had attended, some were familiar with the program, and others had no idea about it. The Police Executive Research Forum 3] Management Study of the Boynton Beach Police Department Those who had been through the program felt it was a wonderful opportunity to become familiar with the issues facing police and the problems that officers have to deal with every day. They were particularly impressed with the attitude and knowledge of the officers who they met at the academy. They found the ride-along component of the program particularly valuable in helping them to understand things from officers' perspectives. Recommendations: ]. The department should make an effort to engage in more frequent community interaction and to communicate with every segment of its public. Though some groups were more vocal than others, every group described areas in which faulty communications have led to a misconception or misunderstanding. 2. Gated communities and lower-crime neighborhoods still deserve to be patrolled. Residents in these areas may understand they have less need for the police, but they still would like the added security of a police patrol from time-to-time. Simi]arly, community meetings in these areas should be attended by officers and supervisors, to ensure that community concerns are heard. 3. Greater visibility and more interaction with officers was a common theme among residents and the business community. For the most part, they feel the officers are friendly and approachable, but they want to see officers on bikes, on foot and making a more of a personal connection. This recommendation goes hand-in-hand with the need for better communications. 4. The department should ensure that all persons who present themselves at the department's "public window" are treated properly. The stories reported to PERF about poor treatment were old, anecdotal, and very well may not be representative of the day- to-day business conducted at the window. Certainly, the conduct observed by the PERF team on each visit to the department was fine. But this point of public contact should be The Police Executive Research Forum 32 Management Study of the Boynton Beach Police Department periodically monitored (including staff inspections review), just as other units, for quality control. 5. There is a great deal of work to be done bringing the police and the city's minority youth together. This is the one group where there is a serious disconnect and a lack of trust. The juveniles are so wary of most officers, they cannot see anything they can do to mend the relationship. Starting at the community center where the youths congregate, the police need to be seen as more than the enforcers of rules. There are a very few officers who do have a good relationship. The department should monopolize on this as the place from which to grow. 6. Several of the business persons who were interviewed were realtors. They spoke of how they are in the various communities in the city everyday and were in a position to sometimes notice when things don't look right-something is out of place or different and looks suspicious. The department should consider the creation of a "Realtor Watch" program, which solicits realtors to take a more active role in crime prevention. Assuredly, they would call the police now if they saw something wrong, but with a little orientation and information when they could be on the lookout for a neighborhood problem, they could be productive "eyes and ears" for the police. They have the incentive to see the neighborhoods in which they list and show property to remain crime free. 7. All of the recommendations in this section really speak to community policing. Individual officers report they try to foster community policing by attending community meetings and resolving problems when they handle calls-and time permits. But, clearly, that is not enough. The community needs to be more involved, and they are asking for just that. The public wants: · greater interaction; · to see their police on their streets-on foot and on bikes; · to have opportunities to ask officers questions about police activity they don't understand; The Police Executive Research Forum 33 Management Study of the Boynton Beach Police Department . and needs personable, approachable police officers to dispel old stereotypes about abuse and disrespect; . officials at meetings to talk to them about issues like staffing, officer residency, the Citizen's Academy, the COP program, and more. 8. The department should create a "Chief's Citizen's Advisory Council." This group should consist of ten to twelve citizens representing the various segments of the Boynton Beach Community. Typically a group like this consists of representatives from various community association groups, the business community, the faith community, education, the minority communities, and others who represent segments of the public. They meet with the chief of police every other month to discuss problems that come to their attention and the meetings serve as an opportunity for the Chief to communicate with the public and present his ideas and concerns-using the council as a focus group to float ideas for community feedback before implementing them. These groups can prove to be ambassadors for the chief and they can divert controversy. If they truly are-and see themselves-on the Chief's team, they can be vital when the department needs community support. Meetings with councils like these can be used to introduce group members to issues facing the police and new technology that the department has adopted or would like to adopt. For example, some departments have allowed council members to engage in Firearms Simulator training. This is enormously valuable when they see how easy it can be for the police officer (themselves in this case) to become immersed in a spontaneous situation that ends up getting themselves shot or they shoot an innocent person in the scenario. Demonstrations of technology like less-lethal weaponry allows the police to stress that they are not just another tool to protect officers, but primarily exist to avoid having to employ lethal force. In these, and a multitude of other ways, the council members can bring positive messages back to the groups they represent. The Police Executive Research Forum 34 Management Study of the Boynton Beach Police Department Patrol Staffing Patrol in Boynton Beach Police involves two primary sources of work: calls for service and self initiated activity. . Calls for Service (CFS) are those episodes which the public initiates when they request service from the police by making a telephone call (either emergency or non emergency), stopping an officer on the street, appearing at a police station, or by some other means. . Self Initiated (SI) tasks occur when individual officers, on their own initiative, stop and check on vehicles (either because of suspicious circumstances or because of traffic or license violations), stop pedestrians, check on buildings, follow-up to earlier incidents, write reports, and perform other discrete tasks. Generally speaking, self initiated work is composed of those episodes the officer starts. Self initiated activities may include tasks that officers perform at certain times during their shift such as school zone patrol or traffic enforcement. Both sources of work are important to patrol operations. However, a police agency can have less impact on when calls for service take place than on the timing of self initiated activity. A call for service begins when a citizen makes a request for service usually with the expectation that the police will respond immediately to that request. Although it is possible to manage this workload somewhat-separating urgent calls for immediate priority from non-urgent calls for delayed response-the times that calls originate cannot be controlled by the police. Self initiated activity is, to a large extent, discretionary. Officers can initiate encounters when they have time to do so, and when there are targets of opportunity. Much of this activity can be deferred to' times when calls for service workload are lighter. However, self initiated activity does depend on legitimate opportunities being available, and such times often coincide with high calls for service times. Car stops and checks of suspicious activities frequently result from peak times of human movement and interaction. Having sufficient time available for self initiated activity is important if a department wants to work to proactively solve crime, violence, and disorder problems through community policing. The best self initiated police work involves not only car stops and pedestrian checks, but also time for officers to work with residents and businesses to solve the problems underlying crime, violence, and disorder. Time spent in this regard, when appropriately directed, can have the The Police Executive Research Forum 35 Management Study of the Boynton Beach Police Department benefit of reducing calls for service as the conditions causing the problems residents call about are improved, Patrol Workload bv Type and Location PERF reviewed a database of Boynton Beach dispatch activity for a year's period from October 1,2004 through October 3], 2005. The total number of records in the database was] 03,856. This represents the total number of dispatches, not the total number of events because multiple units were dispatched to certain events. The database included 23,190 dispatches that were coded as resulting from a citizen's call for service (CFS), 45,522 activities that were coded as self initiated (SI), and 35,144 that had a blank field for the source code. These blanks represent a significant amount of data that, if not assigned to either CFS or SI, and left out of the analysis would contribute to an inaccurate picture of patrol workload. The following three tables show the top ten dispatch activity types, the total number of the top ten dispatches recorded during the course of the year, and the corresponding percentage of the total dispatch events. C II fI S T D' h A 'vities a s or ervlce op Ispatc ctl CFS Call Type Number Percent DOMESTIC 3162 13.6% POLICE ASSIST 2505 10.8% DISTURB GENERAL 2389 10.3% SUSPICIOUS INCIDENT 1406 6.1% ACCIDENT W/O INJURY 1276 5.5% SUSPICIOUS PERSON 999 4.3% 911 HANGUP 824 3.6% BURGLARY DELAYED 746 3.2% ASSIST WITH ADVANCED LIFE SUPPORT CALL 615 2.7% ACCIDENT WITH INJURY 455 2.0% Total (Top Ten) 14377 62.0% The Police Executive Research Forum 36 Management Study of the Boynton Beach Police Department These ten call types account for 62% of the total number of CFS for Boynton Beach. The top ten self initiated (SI) activities are included in the table below. Extra patrol is recorded when a Boynton Beach police officer conducts at least a visual inspection of an area or place that is of special note to the police department; these assignments, given out to patrol officers as an SI activity, account for almost 16% of all self-initiated activity. Self-Initiated Top Dispatch Activities Type of 51 Activity Number Percent TRAFFIC STOP 13605 29.9% EXTRA PATROL 7208 15.8% SUSPICIOUS PERSON 3882 8.5% POLICE ASSIST 3065 6.7% ALARM COMMERCIAL 2253 4.9% TRAFFIC COMPLAINT 1977 4.3% SUSPICIOUS VEHICLE 1837 4.0% ALARM RESIDENTIAL 1336 2.9% ASSIST MOTORIST 895 2.0% DISTURB GENERAL 815 1.8% Total (Top Ten) 36873 81.0% These ten self initiated activity types account for 8 I % of all SI activities for Boynton Beach. The top ten call types for events without a source designation were also examined and are listed in the table below. The Police Executive Research Forum 37 Management Study of the Boynton Beach Police Department Blank Source Code Top Dispatch Activities Blank Source Dispatch Number Percent POLICE ASSIST 3514 10.0% TRAFFIC STOP 3362 9.6% ALARM COMMERCIAL 2776 7.9% SUSPICIOUS PERSON 1772 5.0% DISTURBANCE GENERAL 1712 4.9% ALARM RESIDENTIAL 1677 4.8% DOMESTIC 1634 4.6% SUSPICIOUS INCIDENT 1563 4.4% ACCIDENT W/O INJURY 1453 4.1% TRAFFIC COMPLAINT 1020 2.9% Total (Top Ten) 20483 58.3% Six of the call types in this table match call types in the CFS table. Five are also included in the top ten SI table. Only one call type, SUSP PERSON, was included in both the CFS and SI top ten. Boynton Beach is divided into ten different patrol zones. The table below shows that zones seven and three receive the most calls for service dispatches each with over 3,500 events recorded over the year. Zones two, four, five and ten each receive about the same number of CFS dispatches ranging from 2,4]9 in Zone Ten to 2,800 in Zone 5.1 I ]] 0 CFS dispatches have no zone recorded indicating that they had either invalid addresses or addresses outside the city. The Police Executive Research Forum 38 Management Study of the Boynton Beach Police Department Calls for Service Dispatch Activity by Zone Zone CFS Percent 1 1829 7.9% 2 2708 11.7% -- 3 3538 15.3% 4 2706 11.7% 5 2800 12.1% 6 1066 4.6% 7 3661 15.9% 8 410 1.8% 9 1943 8.4% 10 2419 10.5% The following table shows the self initiated activities dispatched by zone. Self-Initiated Dispatch Activity by Zone Zone SI Activities Percent 1 2306 5.2% 2 4578 10.2% 3 10074 22.5% 4 5714 12.8% 5 4856 10.9% 6 2472 5.5% 7 6039 13.5% 8 1106 2.5% 9 4567 10.2% 10 2986 6.7% The location of self initiated activity varies from the distribution of calls for service dispatches. A single zone, zone three, accounts for a significant portion of the total at over 22%. The high percentage may result from some activities being recorded at police headquarters which is located in zone three. The next highest zone is zone seven at 13.5%, followed by zone four at 12.8%.2 The pattern shifts again when viewing the distribution of those activities with no source code. Zone seven has the highest number followed by zones three, four and five. 2 There were 842 SI dispatches with no zone recorded. The Police Executive Research Forum 39 Management Study of the Boynton Beach Police Department Blank Source Code Dispatch Activity by Zone Number with Zone no source Percent 1 2002 5.8% 2 3131 9.0% 3 4810 13.9% 4 4259 12.3% 5 4021 11.6% 6 2127 6.1% 7 5634 16.2% 8 1180 3.4% 9 3678 10.6% 10 3848 11.1% Measuring the Time Consumed By Patrol Work When examining the amount of time consumed by patrol workload in Boynton Beach, PERF began by using the following guidelines to measure how much time is consumed: . Calls for service time-consumed is measured beginning from the time that an officer begins to travel to the specific location identified by a calling citizen. . For self initiated work, time consumed begins when the officer notifies communications that he/she has initiated an event on the officer's own volition. . In both cases, the ending point is when the officer lets the dispatcher know that he/she has cleared, or completed, the activity and is ready to handle another assignment, if needed. A complete analysis of patrol workload requires being able to measure the total amount of patrol officer time, and therefore requires records that show how much time each officer spent on each call. The total time consumed by an event includes not only the primary unit assigned but also the time committed by backup units. The BBPD database includes a separate record for each unit on each call so that a more accurate measurement could be made of the total time consumed on these events. The average amount of time consumed for the average week was calculated using the following methodology: The total time by each unit on each CitIZen initiated call for service (CFS) responded to by Boynton Beach officers and each officer initiated (SI) activity was averaged by day of the week and hour of the day to generate a matrix The Police Executive Research Forum 40 Management Study of the Boynton Beach Police Department showing, for each hour long time block, the average hours of time spent on calls for service and self initiated activities. To include as much data as possible, the time consumed by the 35,144 dispatch events with no source was distributed between calls for service and self initiated activities. This assignment process used the CFS/SI ratio when the source was recorded to distribute dispatch events when no source was recorded. For example, of all "suspicious person" activities with a recorded source, 32% were CFS and 68% were SI. The time consumed for records with no source for "suspicious person" was distributed on the same basis - 32% of the time was added to the CFS matrix and 68% percent of the time was added to the SI matrix. The next table shows the average hours consumed by calls for service and includes the distributed "no-source" dispatch events. CITY WIDE AVERAGE HOURS CONSUMED BY CALLS FOR SERVICE HOUR MON TUE WED THU FRI SAT SUN 0000 2.5 2.5 2.4 2.5 2.6 2.9 2.8 0100 2.2 1.6 2.0 2.0 1.9 2.8 3.8 0200 1.8 1.7 1.4 1.4 1.2 2.4 2.8 0300 1.3 0.9 0.9 0.9 1.1 1.8 2.1 0400 0.5 0.8 0.5 0.9 0.8 1.9 1.7 0500 0.5 0.5 0.6 0.9 0.7 1.4 1.4 0600 0.9 0.6 0.7 0.9 1.2 1.5 1.3 0700 1.8 1.2 1.3 1.6 2.0 1.8 1.3 0800 1.9 2.3 2.1 2.2 2.3 2.1 1.6 0900 1.9 2.3 2.3 2.6 2.3 2.3 2.0 1000 2.5 2.2 2.8 2.8 2.6 2.7 2.6 1100 2.7 2.3 2.5 3.2 2.6 3.4 3.2 1200 3.1 2.4 2.7 3.4 3.4 3.8 3.4 1300 3.5 2.9 2.9 3.6 3.3 4.0 3.6 1400 3.2 3.0 3.3 3.5 3.1 4.1 3.8 1500 3.8 3.1 3.3 3.6 3.4 4.2 4.0 1600 3.8 3.6 3.6 3.7 3.0 3.9 3.4 1700 4.0 3.7 3.5 3.8 3.2 3.8 3.1 1800 5.0 4.4 4.0 4.1 3.8 4.0 3.2 1900 4.7 4.3 4.4 3.7 3.4 4.1 3.8 2000 4.2 3.8 4.5 3.4 3.4 4.1 3.7 2100 3.9 3.5 4.1 3.5 4.0 4.6 3.7 2200 3.7 3.3 3.9 3.3 4.0 4.3 3.4 2300 2.8 2.3 3.1 2.7 3.2 4.3 3.4 The Police Executive Research Forum 41 Management Study of the Boynton Beach Police Department The table shows the average time consumed in hours. For example, at 2300 hours on Monday, over the year, an average of 2.8 hours was consumed by all units responding to citizen requests for service. The amount of calls for service work varies through the course of a week. Levels of CFS are lowest from about 0400-0600 and highest from] 700-2200. The total, average weekly number of hours consumed by calls for service is 460.8. CITY WIDE AVERAGE HOURS CONSUMED BY SELF INITIATED ACTIVITY HOUR MON TUES WED THU FRI SAT SUN 0000 2.6 3.0 3.3 3.1 3.2 3.5 2.2 0100 2.9 3.3 2.9 3.4 3.0 3.7 4.0 0200 3.1 3.1 2.8 2.9 2.3 3.6 3.2 0300 1.7 1.4 1.6 1.7 1.1 1.9 1.6 0400 1.3 0.7 1.0 1.0 0.8 0.9 0.9 0500 0.9 0.5 0.8 0.6 0.8 0.9 0.6 0600 1.1 1.1 1.1 1.1 0.8 1.0 0.9 0700 1.9 2.0 1.9 2.5 1.8 1.4 1.2 0800 2.4 2.9 2.7 3.0 2.5 2.2 1.7 0900 3.2 3.1 3.2 3.3 2.7 2.6 2.2 1000 3.2 2.8 3.2 3.1 3.0 2.3 2.5 1100 2.7 3.2 3.6 3.2 2.8 2.7 2.1 1200 2.5 3.3 3.3 3.6 2.6 2.7 2.0 1300 2.8 3.7 3.6 3.8 2.7 2.7 2.1 1400 3.4 3.4 3.3 3.6 3.2 2.7 2.1 1500 3.3 3.7 3.9 3.7 3.7 2.6 2.3 1600 3.2 3.4 3.9 4.1 4.7 2.6 2.4 1700 3.1 3.3 3.7 4.5 4.3 3.0 2.4 1800 3.3 3.7 3.6 4.0 4.6 3.1 3.0 1900 3.6 4.2 3.9 3.7 4.7 3.8 3.4 2000 3.8 3.9 4.0 4.0 4.0 4.2 3.7 2100 3.8 4.2 3.9 3.7 4.1 4.0 3.5 2200 3.7 3.9 3.4 3.4 4.0 4.2 2.9 2300 3.2 3.6 3.4 3.5 3.8 4.0 2.7 As with calls for service, peak self-initiated times are evenings and low points are early morning. The total, average weekly number of hours consumed by self initiated activities is 478.2, slightly higher than the 460.8 average weekly hours consumed by calls for service. Most frequently, in jurisdictions the size of Boynton Beach, time consumed by calls for service exceeds that for self-initiated work. Once difference is that the type of work recorded in Boynton Beach as "extra patrol" is not recorded. In other departments, officers may drive The Police Executive Research Forum 42 Management Study of the Boynton Beach Police Department through an area or by a location targeted for special attention but either will not record it or record it as "directed patrol." Directed patrol is usually considered separately from officer initiated activity. Current Patrol Staffing The Boynton Beach Police Department is allocated a total of 154 sworn officers, 58 officers are assigned to patrol response. Boynton Beach patrol officers work 11.5 hour shifts and shifts are split between Platoons A and B. Within each platoon, there are two different starting times. Platoon A A1 A2 A3 A4 Platoon B B1 B2 B3 B4 1530 1730 1530 1730 0300 0500 0300 0500 Each platoon has two squads further divided to provide overlap coverage during shift changes. Each squad works an opposing days off schedule which consists of a two week cycle: One squad will have Monday and Tuesday off, work Wednesday and Thursday, and have off Friday, Saturday, and Sunday, then in the second week work Monday and Tuesday, have off Wednesday and Thursday, and work Friday, Saturday and Sunday. The other squad, composed of the same number of officers, works when the first squad is off and is off when the first squad is working. This results in each squad having every other week-end off. In order to provide for this schedule and every other weekend off, each squad needs to have the same number of officers. This results in having the same number of officers scheduled to work each day and does not take into account workload that differs by day of the week. The staggered starting times results in an hour each day when only 12 of a full complement of officers is working - from 0500 to 0600, usually a low workload time. The Police Executive Research Forum 43 Management Study of the Boynton Beach Police Department Officers work the same schedule for six months before going through a re-bid and reassignment procedure. In order to compare the patrol officers available to the patrol workload, a matrix depicting the average number of officers on-duty, by hour of the day and day of the week, was constructed for the city. This matrix was created from a sample of patrol rosters that listed the number of officers on duty by hour and day. The number of on-duty officers will vary due to absences resulting from vacation, illness, training, and other leave time. As was discussed earlier, the Boynton Beach Police Department does not maintain records that could be used to determine its actual "show-up" rate but it was estimated that, of those scheduled, approximately 76% typically show-up for work. This rate is used in the following analysis. The Police Executive Research Forum 44 Management Study of the Boynton Beach Police Department CITY WIDE PATROL OFFICER TIME A V A1LABLE HOUR MON TUE WED THU FRI SAT SUN 0000 11.5 14 13.5 12.3 12.5 11.5 13.5 0100 11 14 13.3 12.3 12.5 11.5 13.5 0200 11 14 13.3 12.2 12.5 11.5 13.5 0300 5 7 6.8 5 5.5 7 7 0400 8.5 10.3 10 8.2 7.5 9 10.5 0500 7 6.5 6.5 6.3 5 6 7 0600 13.5 13.5 12 11.7 10.5 11.5 12 0700 13.3 13.5 12 12 10.5 11.5 12 0800 12.5 13 12 11.7 10.5 11.5 12 0900 12.5 13 12 11.7 10.5 11.5 12 1000 12.5 13 12 11.7 10.8 11.5 12 1100 12 13 12 11.7 11.5 11.5 12 1200 12.3 13 12 12 10.5 11.5 11.5 1300 12 12.5 12 12 10.5 11.5 11.5 1400 11.5 12.5 12 12 10.5 11.5 11.5 1500 14.5 16 15.7 15.4 13 14.8 14.5 1600 12.5 13.5 12.8 12.8 10.8 12 11 1700 12.3 13.8 12.6 13.2 11.3 12.8 11.3 1800 13 13.8 12.3 13 12 13.5 12 1900 13 13.8 12.3 13 12 13.5 12 2000 13 13.5 12.5 13.3 12 13.5 12 2100 13 13.4 12.3 13.5 12 13.5 12 2200 14.5 13.5 12.3 13.5 11.9 13.5 11.5 2300 14.5 13.5 12.3 13.5 11.5 13.5 11.5 Personnel and Workload These staffing patterns can be compared against the tables of average hours of time consumed by CFS and SI activities. The resulting comparison will show what percent of the available patrol officer hours are consumed by calls for service and self initiated activities, by hour of the day and day of the week. There are no universally accepted standards for how much patrol time should be consumed by calls for service. Many departments set an informal target time for the amount of patrol officer time consumed by calls for service from 30-40%. Other departments may set targets at 50% or 60%. A common rule of thumb, established before community policing became prevalent, was that II3 of the time should be spent on calls for service, 1/3 on self initiated activity and II3 on uncommitted patrol time. The Police Executive Research Forum 45 Management Study of the Boynton Beach Police Department Few jurisdictions track closely how patrol officer time is used or set formal targets. However, recent work in other cities by project team members working on this study show the following target utilizations for patrol officer calls for service time: . Kansas City MO - 35% . Chandler AZ (rapidly growing Phoenix suburb of 150,000) - 40% . Tallahassee FL - 67% (with target of 50%) . West Palm Beach FL - 43% The target for patrol staffing is a policy decision that is usually balanced by the work that needs to be performed and the resources a jurisdiction has available for police services. A target of 35% CFS time consumed requires more officers than a target of 50%. An important consideration is how a city wants its patrol officer time used. Local demographics, crime and disorder problems and policing style all can have an impact on the demands on patrol officer time. One city may view the patrol function as primarily composed of response to citizen calls for service, self-initiated activities to deter and discover criminal activities (through traffic stops, pedestrian checks, and building checks) and a certain amount of administrative activity. Another department may want its patrol officers to also be heavily involved in community policing and problem solving activities. Such activities include spending time getting to know the people and conditions in the beat, attending community meetings to listen to neighborhood concerns, conduction analysis to develop plans to address community crime and disorder problems, and being a catalyst to bring local government operations to bear to improve the quality of life in the city's neighborhoods. Under this model, the department may especially try to have officers available to work with the community during community policing "prime time" - from noon to about 9:00 pm on Monday through Thursday. During this time most community meetings take place and schools, businesses, and social service agencies can be readily contacted. The Police Executive Research Forum 46 Management Study of the Boynton Beach Police Department Another department yet may want its patrol officers to spend some portion of their time conducting follow-up investigations of crimes that have been reported. Other agencies may use patrol for some mixture of these activities. The staffing charts below compare the average hours consumed by calls for service and self initiated activities to patrol officer time available in Boynton Beach. This is done to determine if current patrol staffing levels are adequate to handle the total workload. CITY WIDE PERCENT OF AVERAGE PATROL TIME CONSUMED BY CALLS FOR SERVICE HOUR MON TUE WED THU FRI SAT SUN 0000 22.0% 17.8% 17.9% 20.7% 21.0% 25.3% 20.8% 0100 20.2% 11.4% 15.1% 15.9% 15.0% 24.2% 28.1% 0200 16.4% 12.1% 10.5% 11.9% 9.8% 21.0% 20.7% 0300 25.0% 13.4% 13.9% 17.2% 19.5% 25.2% 30.1% 0400 5.8% 7.9% 5.3% 11.2% 10.5% 20.8% 15.9% 0500 6.8% 8.3% 8.6% 13.5% 14.9% 23.8% 20.7% 0600 6.5% 4.6% 5.9% 7.4% 11.0% 13.3% 10.5% 0700 13.6% 8.7% 10.7% 13.3% 19.3% 16.0% 10.9% 0800 15.0% 17.8% 17.5% 19.0% 21.7% 17.8% 13.7% 0900 15.5% 18.1% 19.2% 22.5% 21.4% 20.2% 16.5% 1000 19.6% 16.9% 22.9% 24.2% 23.9% 23.8% 21.5% 1100 22.8% 17.5% 20.6% 27.1% 22.9% 29.3% 26.5% 1200 25.6% 18.8% 22.3% 28.2% 32.4% 33.0% 30.0% 1300 29.6% 23.4% 24.5% 30.0% 31.2% 34.6% 31.2% 1400 28.0% 24.4% 27.4% 29.6% 29.8% 35.4% 33.0% 1500 26.5% 19.2% 20.9% 23.4% 26.2% 28.7% 27.9% 1600 30.5% 26.9% 28.3% 29.1% 27.8% 32.5% 30.6% 1700 32.6% 26.9% 28.1% 29.2% 28.5% 29.9% 27.7% 1800 38.7% 32.3% 32.7% 31.2% 31.4% 29.8% 27.0% 1900 36.0% 31.0% 35.4% 28.1% 28.6% 30.0% 32.0% 2000 31.9% 28.1% 35.7% 25.9% 28.5% 30.7% 30.7% 2100 30.2% 26.3% 33.6% 25.7% 33.5% 34.4 % 31.1% 2200 25.6% 24.7% 31.3% 24.3% 33.6% 31.8% 29.3% 2300 19.6% 17.2% 25.5% 19.6% 28.2% 32.1% 29.5% The average patrol officer time consumed by calls for service is 22.9%. Compared to other similar jurisdictions, this is lower than many. Rarely does the time consumed by calls for service exceed 33% and there are no time blocks where the CFS workload exceeds 40%. The Police Executive Research Forum 47 Management Study of the Boynton Beach Police Department Earlier in this report, it was reported that patrol officers perceive that the calls for service workload-especially in the evening-is very demanding and that officers run from call to call most nights. This perception is not supported by the available data. This misperception may result from the self-dispatching activity officers engage in described earlier coupled with the relatively high level of self-initiated activity The following chart shows the time consumed by self initiated work compared to the available patrol officer hours. CJTY WIDE PERCENT OF AVERAGE PATROL TIME CONSUMED BY SELF INJTIA TED ACTlVJTIES HOUR MON TUE WED THU FRI SAT SUN 0000 23.0% 21.3% 24.4% 25.4% 25.6% 30.6% 16.5% 0100 26.4% 23.7% 21.9% 27.9% 23.9% 32.1% 29.3% 0200 28.6% 22.2% 20.9% 24.0% 18.5% 31.6% 23.9% 0300 34.6% 20.0% 23.1% 34.1% 20.8% 26.5% 22.2% 0400 14.9% 6.9% 10.2% 12.7% 11.3% 10.3% 8.2% 0500 13.0% 8.1% 12.1% 9.4% 15.1% 15.6% 7.9% 0600 8.2% 7.9% 9.4% 9.5% 7.8% 9.0% 7.6% 0700 14.7% 15.0% 15.8% 20.5% 17.5% 12.5% 9.8% 0800 19.2% 22.6% 22.8% 25.7% 23.6% 19.0% 14.5% 0900 25.5% 23.6% 26.9% 28.0% 26.2% 22.5% 18.5% 1000 26.0% 21.7% 26.8% 26.8% 27.7% 19.7% 20.7% 1100 22.7% 24.3% 29.6% 27.6% 24.0% 23.8% 17.3% 1200 20.4% 25.7% 27.7% 30.2% 25.1% 23.5% 17.5% 1300 23.4% 29.2% 29.7% 31.9% 25.4% 23.2% 17.9% 1400 30.0% 26.9% 27.6% 29.7% 30.2% 23.2% 18.4% 1500 22.8% 22.9% 25.0% 24.1% 28.6% 17.8% 15.6% 1600 255% 25.5% 30.2% 31.7% 43.3% 21.8% 21.5% 1700 25.5% 23.8% 29.7% 34.5% 38.5% 23.3% 21.4% 1800 25.7% 26.9% 29.6% 31.0% 38.3% 23.2% 25.4% 1900 27.6% 30.2% 31.3% 28.8% 39.4% 27.9% 28.6% 2000 29.0% 28.8% 32.1% 30.1% 33.7% 30.9% 31.1% 2100 28.9% 31.4% 31.7% 27.7% 34.5% 29.3% 29.3% 2200 25.2% 29.2% 27.6% 25.5% 33.7% 31.2% 25.0% 2300 22.2% 26.4% 27.4% 25.7% 33.1% 29.9% 23.4% The average patrol officer time consumed by self initiated activities is 23.8%. Rarely does self initiated work exceed 33% of the average time available. Departments that have higher levels of calls for service workload than Boynton Beach typically will have lower levels of self-initiated activity. The Police Executive Research Forum 48 Management Study of the Boynton Beach Police Department The next table compares the average patrol time available against all recorded patrol work. CITY WIDE PERCENT OF AVERAGE PATROL TIME CONSUMED BY ALL PATROL ACTIVITIES HOUR MON TUE WED THU FRI SAT SUN 0000 44.9% 39.0% 42.2% 46.1% 46.7% 55.9% 37.3% 0100 46.5% 35.1% 37.0% 43.8% 38.9% 56.4% 57.4% 0200 45.0% 34.3% 31.3% 35.9% 28.3% 52.6% 44.6% 0300 59.7% 33.3% 37.0% 51.3% 40.3% 51.7% 52.4% 0400 20.8% 14.8% 15.5% 23.9% 21.8% 31.1% 24.1% 0500 19.8% 16.4% 20.8% 22.9% 30.0% 39.4% 28.6% 0600 14.7% 12.5% 15.3% 16.9% 18.7% 22.3% 18.1% 0700 28.3% 23.7% 26.5% 33.9% 36.8% 28.6% 20.7% 0800 34.3% 40.4% 40.3% 44.7% 45.2% 36.8% 28.2% 0900 41.1% 41.7% 46.1% 50.6% 47.6% 42.8% 35.0% 1000 45.6% 38.6% 49.7% 51.0% 51.6% 43.5% 42.2% 1100 45.4% 41.8% 50.3% 54.7% 47.0% 53.0% 43.8% 1200 46.0% 44.5% 50.0% 58.3% 57.5% 56.5% 47.5% 1300 52.9% 52.7% 54.2% 61.9% 56.7% 57.8% 49.1% 1400 58.0% 51.3% 55.0% 59.3% 60.0% 58.6% 51.4% 1500 49.3% 42.1% 46.0% 47.5% 54.7% 46.6% 43.4% 1600 56.0% 52.5% 58.4% 60.8% 71.2% 54.3% 52.1% 1700 58.1% 50.8% 57.9% 63.7% 67.0% 53.2% 49.0% 1800 64.4% 59.2% 62.3% 62.2% 69.7% 53.0% 52.4% 1900 63.6% 61.2% 66.8% 56.9% 68.1% 57.9% 60.7% 2000 60.9% 56.9% 67.7% 56.0% 62.2% 61.6% 61.8% 2100 59.1% 57.7% 65.3% 53.3% 67.9% 63.7% 60.4% 2200 50.8% 53.8% 58.9% 49.8% 67.2% 63.0% 54.3% 2300 41.8% 43.6% 53.0% 45.3% 61.3% 62.0% 52.9% The average patrol officer time consumed by all patrol activities is 46.7%. Less than half of the available time, on the average, is consumed. And, only occasionally, during the early evenings, especially on Friday, does the time consumed average higher than 67%. The three previous charts compare only patrol officer staffing against the recorded workload. Units other than patrol officers also handle some of the workload. An analysis using unit numbers shows that supervisors, managers and traffic units all perform patrol work, either as primary units or as back-up units. Supervisors include the Road Patrol Sergeants, Training Sergeant, Crime Prevention Sergeant, Detective Sergeants, Professional Standards Sergeant, Internal Affairs Sergeant, Traffic Sergeant and Vice Sergeant. Managers include the Road Patrol The Police Executive Research Forum 49 Management Study of the Boynton Beach Police Department Lieutenants, Detective Lieutenant, Chief, (then) Assistant Chief, Majors and Professional Standards Lieutenant. The tables below show the dispatch work recorded for these units. CALLS FOR SERVICE -NON PATROL RESPONSES Number of CFS Percent Supervisors 1374 5.9% Manaqers 215 0.9% Traffic Units 442 1.9% SELF INlTIATED ACTIVlTIES - NON PATROL RESPONSE Number of SI Activities Percent SUDervisors 2501 5.5% Manaqers 401 0.9% Traffic Units 2664 5.9% Non-patrol response units account for about 8% of the call for service dispatch events and 12% of the self initiated events. (They also account for about 8% of the non-source dispatches.) Taking into account the level of calls for service work required, the amount of self-initiated work, and the work performed by supervisors, managers, and traffic units, patrol units have a significant amount of time that could be devoted to community policing and problem solving. Recommendations: I. Under current conditions, with an increase of patrol response officers from 58 to 60, the Boynton Beach Police Department has sufficient patrol staffing to encompass projected growth through 2010. Trends and projections by the Bureau of Economic and Business Research, University of Florida, show that Boynton Beach can expect an 8.3% growth in population from 2004 to 2010. Given that the current average calls for service consumed time is at (or below3) 22.9% of the patrol officers' time, an increase in calls for service workload commensurate with projected population growth would result in CFS time 3 Other, non-patrol units account for 8% of the calls for service dispatches. The Police Executive Research Forum 50 Management Study of the Boynton Beach Police Department consumed at about 3 I %. This is still at the low end of the range for CFS time experienced by other agencies. Further projections indicate that Boynton Beach expects another increase in population of 6.2% from 2010 to 2015. At that point, as the call for service workload approaches or goes beyond an average of 40%, the department will need to re-examine the size of the patrol response force. Expansion at that point should be based on policy decisions about how the city and the police department want officers to use their time. If officers have less time for activities other than CFS response, decisions will need to be made as to whether those activities should decrease or whether patrol officers should be added to the department to try to maintain patrol officer time commitments to activities other than call response. 2. The Boynton Beach Police Department should substantially enhance its patrol community policing and problem solving efforts. The department has sufficient patrol staffing based on the amount of time consumed and on the support it receives from non- patrol response units to accomplish this. An enhanced community policing focus may enable the city and the department to prevent and control crime, violence and disorder and thus reduce the rate of increase in demand for police services over the next ten years. By becoming more effective, the department may be able to mitigate the need for future expansIOn. The BBPD already recognizes that community policing and problem solving can help the police understand the underlying problems that result in crime and disorder and then work with the community to "solve" them. Typically, four steps are involved - scanning, analysis, response, and assessment. Scanning is performed by reviewing police calls for service, self initiated activities, crime reports, and citizen input to try to group similar incidents into problems. These problems are then subjected to thorough analysis to develop a comprehensive understanding of the nature of the problem. Analysis often involves interaction between the police and city The Police Executive Research Forum 51 Management Study of the Boynton Beach Police Department residents in order to look at the problem from the community's perspective as well as from a police perspective. Often the analysis will involve close examination of the characteristics of victims, offenders, and locations where offenses typically take place. The best responses are crafted through dialogue between the community and the police. Both have roles to play in responding to crime and disorder problems. The response that is designed should include consideration of each stakeholder. The response should also be designed to encourage measurement to determine if the response "solved" the problem, lessened its impact, or improved conditions in some other way. This assessment phase is important so that the department and the community can learn what works and what should be modified to improve chances of success in future problem solving efforts. As part of its approach to problem solving, the department is implementing a CompStat (literally, computer statistics) policing approach. This approach, pioneered in the early 1990' s by the New York City Police Department, seeks to use enhanced analysis of crime and disorder problems to allocate officers to areas that seem to have persistent crime and/or disorder problems, i.e., "hotspots." The CompStat approach can be used to accelerate the scanning and analysis phases of the problem solving process. An especially critical factor in community policing and CompStat is that the department have the time required to implement an effective effort. Patrol officers in Boynton Beach currently have sufficient time to become full partners with the community in community problem solving efforts. Moving to this policing model will require a number of important changes, described in the next set of recommendations. 3. The department should further implement geographic-based patrol, a core component of community policing by reducing the number of beats from ten to five. The same officers should work in the same area at the same time of day so they get to know well the people, conditions, problems, and resources in the area. In addition the people that occupy the The Police Executive Research Forum 52 Management Study of the Boynton Beach Police Department area, either because they live or work in the area or because they regularly visit, get to know the officer that works there. One beat allocation would be as follows: New Old CFS % of Beat Zones Dispatches Total A 1 & 2 4537 20% B 3&4 6244 27% C 5&6 3866 17% D 7&8 4071 18% E 9 & 10 4362 19% 23080 Under this system, desired staffing would be to keep one officer assigned around the clock to Beats A, D, and E. Two officers should be assigned to Beat B because of its heavier workload and two officers should be assigned Beat C because of the access problems resulting from 1-95 splitting the beat. Seven beat units should be assigned at all times. The same officers should be assigned to be a beat car on each squad and each platoon. They should be charged with developing in depth knowledge of their beats. Beat car officers should also take the lead in problem-solving efforts. The department should consider creating a career development step as an incentive for becoming a beat officer. To support this geographic based policing approach, changes may be needed in the Computer Aided Dispatch system, and dispatching policies, to try to limit the time beat cars spend outside their assigned beats. For example, consideration should be given to holding low priority calls until the beat car is available.4 This will help to further create a bond between beat officers and their beats. A key supervisory task will be to closely monitor hislher units to help maintain beat integrity. 4 The person requesting police service should be notified that response will be delayed. This may also require changes in the CAD system and dispatching policies. The Police Executive Research Forum 53 Management Study of the Boynton Beach Police Department Other patrol officers should be assigned as "strategic response" cars and should be assigned to work on problems and problem areas highlighted through the CompStat process. If needed, a strategic response car might provide a back-up to a beat unit, but as long as all beats are covered their function is to address identified problems. By using its current allocation system, which has two squads working on each shift, the department should assign officers from one squad as "permanent" beat units and the other as "permanent" strategic response units. Beat squads should be composed of seven officers and a sergeant. Even with geographic responsibility, a lieutenant could continue to have overall command of the shift acting as a watch commander. Creating a system of dedicated beat officers will meet the desire of many of the community residents that expressed a wish for enhanced officer visibility and contact. Beat officers should spend some time getting to know the people in their assigned areas. The second squads should be composed of eight officers and a sergeant to focus on strategic response to CompStat identified problems. Current staffing is sufficient to allow for at least four or more strategic response cars on duty (allowing for normal absences5). A possible allocation of beat and strategic response units is shown in the following table. 5 The department was not able to provide "actual officer availability" data. That is, officers are typically expected to work 2080 hours a year. However, from those 2080 hours, there are losses to vacation, sick leave, holidays, jury duty (and other such leave categories), training days, etc. Ideally, the department tracks these losses and can provide the number of hours its officers are "actually available" to work assigned shifts. In the absence ofthese actual calculations, PERF relies on its experience with other departments in which these calculations have been available. Typical "Actual Officer Availability" is about 1 ,550 hours a year. In younger departments, where less senior officer earn less leave, the number of available hour can increase to 158o-which is the number used for this staffing determination. This equates to a "show-up" rate of76 percent. The Police Executive Research Forum 54 Management Study of the Boynton Beach Police Department Platoon A Strategic 8 A1 0430 1600 Response A2 0600 1730 Beat 7 Strategic 8 A3 0430 1600 Response A4 0600 1730 Beat 7 Platoon B B1 1530 0300 Beat 7 Strategic 8 B2 1730 0500 Response B3 1530 0300 Beat 7 Strategic 8 B4 1730 0500 Response This allocation will provide beat coverage from 0600 hours until 0300 hours and will allow two hour overlap coverage in the beats from 1530 until 1730, so that officers from both shifts have the opportunity to work on beat problems together. The total patrol force should, then, be composed of 60 officers, eight sergeants and four lieutenants. 4. The department should provide comprehensive community policing, problem solving and CompStat training. An important element in fully implementing a community policing approach will be training for the entire department. All police employees should receive an orientation about the department's approach. Those who become designated beat officers should receive in-depth training in community problem solving skills. The training should be timed so that they will be able to begin problem solving projects either as part of the training process or immediately after the training is concluded. If the new skills are not used immediately, the knowledge gain will fade and re-training may be needed if the delay between training and implementation is prolonged. The Police Executive Research Forum 55 Management Study of the Boynton Beach Police Department 5. The department should create a system of rewards and incentives to help implement its community policing approach. As the department moves further into community policing and problem solving it needs to provide rewards and incentives to its employees that will demonstrate that this approach to policing is supported by the entire department. In addition to traditional awards for heroism and bravery, the department should commend outstanding problem solving and sustained community interaction. In many instances there will be members of the public and employees from other agencies who play critical roles in the success of recognizable problem solving achievements. Award ceremonies, open to the public, and covered by the media--even using media personalities as masters of ceremonies-not only rewards the recipients, but it demonstrates to the public how the police and community, together, can make a remarkable difference. Additionally, the department needs to encourage and reward beat officers. One method to do this is for the department to create a career development step for beat officers. This should be based on meeting minimum training objectives and sustained performance and should be accompanied with a pay increment as well as suitable uniform insignia to recognize the importance of their positions. 6. The department should ensure that it supports its community policinglCompStat model with accurate and timely information. The department currently produces crime analysis reports by district and by crime type. Maps are provided to assist with geographic interpretations of patterns. In a community problem solving approach, as is recommended above, analysis takes on an added importance. Crime and problem analysis is not only needed to assess reported crime, but also to assist in identifying "hot spots" that may be defined by crime reports, calls for service and self initiated activities. Weekly maps should be created to show where activity is concentrated so that beat officers can begin to explore reasons underlying why a location, block, or neighborhood is generating significant police attention. Increases in calls for services, even without increases in reported crimes, may indicate that the police need to The Police Executive Research Forum 56 Management Study of the Boynton Beach Police Department work with the community to solve a disorder problem before it grows into a crime problem. This should be a task for the strategic response units. Expanding the scope of crime analysis to include calls for service and self initiated activity will also help with both the analysis and assessment phases of community problem solving and determine the effectiveness of tactics used to respond to CompStat issues. Problems may be better defined when they include descriptions of all activity in an area. Also, decreases in calls for service or in the "targets of opportunity" that can generate officer initiated activity may be indicators of the success of a problem solving effort. Information will need to be readily available to both beat officers and strategic response officers. To make the current schedule work with community problem solving, beat officers will need to know what happened in their beat during their off days. Summaries of calls for service, self initiated activities, and reported crimes should be accessible every two or three days to correspond with when officers return to duty. Summaries of concentrated crime and/or disorder information need to be provided daily so that strategic response officers can direct their activity. Sergeants and lieutenants will need access to both beat and "hotspot" information so that they can best plan and coordinate the efforts of beat and strategic response units. The Police Executive Research Forum 57 Management Study of the Boynton Beach Police Department Other Organizational Components Budget Services The Support Services Administrator oversees the department's budget and the process through which it is prepared. (This title is a bit confusing as one of the department's two Majors oversees the, unrelated, Support Services.) This administrator handles all financial matters for the department and ensures the necessary document preparation in order for payment by City Finance. This position is also responsible for some grant reporting, reconciliation of cell phone and copier charges, petty cash, tracking uniform orders, and special projects as assigned by the chief of police. The budget preparation process runs from April to June each year, beginning with a review of the previous budget and any unmet requests that are still necessary. The chief and majors obtain input from managers throughout the department, review those requests and approve those that will be included in the proposed budget. The proposal is forwarded to Finance and is subject to review by the Budget Review Committee and the City Commission. The budget year is from October I sl through September 30th. The budget is item specific but includes a narrative of goals and objectives formulated by the chief of police. As is typical in police budgets, personnel costs for the 154 sworn and 35 civilian members are the largest item, consuming 83 percent of a nearly 19 million dollar budget. Budget increases have been constant over the past several years, with one decrease in 2003/2004. The current budget is more than 12% larger than last year's. Over 68% of that increase is attributed to higher personnel costs. After personnel costs, the cost of vehicle increases and replacement was the greatest. The existing labor contract now impacts vehicle costs, in that take-home cars are issued according to contractual agreements. Take-home cars are issued to sworn supervisors and managers, detective and officers with three years of service and who reside within 15 miles of the city. Over a three year period, this has committed the department to increase its fleet by 13 cars per year. The Police Executive Research Forum 58 Management Study of the Boynton Beach Police Department The department determines vehicle replacement according to years in service rather than a cost per mile basis used by many departments. Shared patrol vehicles-known as "hot cars" because they run around the clock-are scheduled for replacement every three years. Typically, it is reported, that odometer reading reach 90,000 miles after three years of "hot car" service. Take home cars, used for only one shift a day and some commuter miles are retained for five years. The same replacement criteria exist for investigator cars and those issued to lieutenants. Administrative cars (command staff) are replaced after three years. Interestingly, there are no provisions for officers assigned to the SWAT team to be issued take home-cars. Maintenance costs are charged back to the department by the city automotive shop. Cars that are damaged by motor vehicle accidents are repaired under the city's insurance policy, unless they are close to replacement. Vehicles that are to be disposed of are sold at auction with sale income being returned to the vehicle replacement fund. This fund was established to permit an annual pro-rated amount to be deposited for each vehicle so as to provide for replacement funding when vehicles reach the replacement criteria. Overtime accounts for $704,000 of the current budget. Additional overtime expenses related to hurricanes are not included herein-they are handled outside of the police budget. The current overtime expense represents less than eight percent of the "regular time" salary budget. Overtime is always a concern, raising the question if additional personnel would be more economical. But some overtime cannot be eliminated. Call backs of specialty unit personnel, end-of shift- overtime, court, and overtime cost associated with training cannot be resolved by adding additional full-time personnel. From all accounts, the department is judicious in its approval of overtime expenditures. This level of overtime may be more cost effective than staffing alternatives. Recommendations: I. A review of the current budget, line by line, finds it to be lean with modest allowances for equipment and technology. Noticeably, the training budget was deeply pared down. The Police Executive Research Forum 59 Management Study of the Boynton Beach Police Department The original requests may have been a bit ambitious. But many of the topics requested are valuable and should be reconsidered in future budgets. 2. The department has undertaken a take-home car practice that offers two outstanding benefits. First, the maintenance cost of vehicles will decline noticeably. Officers with take-home cars care better for them: they keep them cleaner and maintained on schedule. Second, more police vehicles will be noticed in residential areas, which is generally appreciated by the public. The criteria for take-home issuance is reasonable, but for one point noticed by the PERF team. SWAT officers, who have a dual need for take-home cars (secure storage and ready access of specialized equipment, and a quick response capability) are not issued cars by virtue of their assignment. Though many SWAT officers are issued cars under the time-on and residency criteria of the program, this is an assignment that should be considered for inclusion in the program. 3. The city has plans underway for a new facility to house the police department by 2009. This is a critical need. The current facility is stretched beyond its limits in every way. Throughout this report there are notations about cramped quarters, shared offices, files being maintained in hallways, insufficient places to conduct meetings, interviews, recruitment activities, and the like. Even with plans for a new facility, there are space needs that should not be put off. The city should consider looking for off-site office space for some units to free up office space for others. For example, Training, Recruitment/Selection, and Professional Standards are functions are often found off-site in many police departments. Professional Standards A Lieutenant who answers directly to the chief of police commands the Professional Standards Component. At the onset of this project this component consisted of the Internal Affairs Section, Accreditation, and the Office of Media Relations. An impending organizational change subsequently did result in the addition of the Training Unit which includes recruiting and selection. Total personnel assigned to Professional Standards currently are nine sworn members and one civilian employee. There are two officers in Internal Affairs, one officer in The Police Executive Research Forum 60 Management Study of the Boynton Beach Police Department accreditation, one Sergeant in Media Relations, one other Sergeant who is a trainer and supervisor, one training officer, one recruiting officer, one sworn background investigator, and one civilian clerk. Reportedly, it is planned that the accreditation officer will be trained to engage in staff inspections but currently there are no such inspections being conducted throughout the department. Another plan under consideration, pending budgetary support, is to civilianize the Public Information Officer (PIO) position in order to allow the sergeant currently in that role to serve more actively as a supervisor, conduct inspections, and act as a back up PIO. The duties of the Professional Standards Commander include conducting reviews of all complaints, both internal and external, as well as case assignment for the IA unit. This includes: quality control of investigations and contacting of complainants at the completion of internal investigations; coordination and ensuring compliance with accreditation standards; review and revision of directives as needed, including the maintenance of a "directives web-site" that will be accessible to all employees once implementation is completed. Additional duties that are anticipated include the supervision and coordination of the Training Unit, which includes departmental recruiting and screening. This organizational restructure is currently a "work in progress" and will require the commander to familiarize himself with the responsibilities of overseeing these new functional areas. Internal Affairs Unit The Internal Affairs (I/A) Unit currently is staffed by two sworn officers who are assigned as investigators and are supervised directly by the Professional Standards Lieutenant. Both investigators are highly trained officers with investigative backgrounds. Both investigate public or internal complaints of a serious nature and may be assigned to handle other investigations as specified by the chief of police. Complaints, Case Assignments and Findings The Boynton Beach Police Department Index Code #300 sets out the parameters of activity of the Internal Affairs Unit. The unit investigates or oversees the investigation of citizen complaints against department employees and allegations, from internal sources, of misconduct by department employees. According to the directive, it is the policy of the department to The Police Executive Research Forum 61 Management Study of the Boynton Beach Police Department investigate all complaints against the department or its employees, including anonymous complaints. Any supervisor of the department can receive a complaint and is to provide a Citizen Complaint Package to the complainant. If the citizen does not want to till out the complaint form, the supervisor assumes responsibility for completion of the package. If a supervisor is not available, the member hearing the complaint must record the name and contact information, which will later be turned over to a supervisor for follow-up. Upon receipt of a complaint, the receiving supervisor is to forward the complaint form to the Internal Affairs Unit via his/her chain of command. The Professional Standards Commander reviews the complaint and assigns responsibility for investigation to either an Internal Affairs investigator or a Division Commander. The Professional Standards Commander then sends a copy to the chief of police. All complaints are entered into the Internal Affairs database and assigned an "IA number" to facilitate tracking and archiving of investigations. The only exception to this process is found in Index Code 300, Section III F that allows supervisors to handle minor complaints outside the normal prescribed process. This can be done only if the complainant agrees to do so. The Internal Affairs Unit are assigned serious allegations of misconduct including; allegations of corruption, excessive force, civil rights violations, criminal misconduct or any other allegation deemed serious enough by the chief of police. Complaints of discourtesy, insubordination, lateness, neglect of duty or other minor infractions are usually assigned to the Division Commander who can then assign the actual investigation to a Lieutenant or Sergeant within the division. Internal Affairs investigations into allegations of serious misconduct are conducted with the thoroughness and detail that would be expected of an investigation into any major criminal case. Officers may be ordered to submit to a medical or laboratory examination for the purpose of detecting the presence of illegal drugs if reasonable suspicion exists. Additionally, officers may be ordered to submit to blood, breath, or urine tests if it has been determined by a supervisor that reasonable suspicion exists that a member engaged in on-duty alcohol use or was intoxicated while working. They may also be required to participate in a physical line-up and have their photograph taken. They cannot be compelled to submit to a polygraph or voice-stress analysis unless it is at the request of the employee being investigated, and,it must be in writing. The Police Executive Research Forum 62 Management Study of the Boynton Beach Police Department Cases involving allegations of criminal-misconduct are conducted by the Internal Affairs Unit with the assistance of the State Attorney's Office in case preparation. Currently all police shootings and other officer involved serious injury cases are investigated internally by the police department's Criminal Investigations Unit along with Internal Affairs. In order to not violate the "Garrity" protections that apply to members of the department, the department waits until the criminal investigation is resolved before an administrative investigation is undertaken. The department at this time strives to have all investigation completed within 180 days which is proscribed by state law, however many investigations have reportedly gone on significantly beyond the state requirement. Upon completion of investigations into complaints or allegations of misconduct by members of the department, a report is submitted to include a statement of fact regarding the complaint, detailed investigative information and findings. As is standard in cases of this type throughout the profession, case findings include: Exonerated: The alleged act occurred but was justified, legal and proper. The action of the agency or the employee was consistent with agency policy. Sustained: The accused employee committed all or part of the alleged acts of improper conduct. Not Sustained: The investigation produced insufficient information to prove or disprove the allegation. Unfounded: The alleged acts did not occur. Policy Failure: Although the action of the agency or the employee was consistent with agency policy, the complainant suffered harm. Internal Affairs is to refer the deficient policy to StaffInspections (currently not in existence) for review and revision. The Police Executive Research Forum 63 Management Study of the Boynton Beach Police Department The Professional Standards Commander reviews all completed final reports. If approved, the file is forwarded to the chief of Police. The investigated member receives a letter from the Professional Standards Commander indicating the outcome of the investigation and whether the department will proceed with a recommendation for disciplinary action for those charges that are sustained. This letter is issued within 24 hours of the chief's review and approval and indicates that the officer may review the file. The chief of police bears the responsibility for determining the discipline, however the officer/employee may request a meeting with the chief to discuss the case before the decision on discipline is made. Index Code 303 Disciplinary Process outlines disciplinary action available to address instances of misconduct. The various options available include: Guidance and Counseling: This is for minor violations of the rules, regulations and policy of the department. Most often this is at the discretion of a supervisor and is not formally documented in the member's personnel file. Verbal Reprimand: This is typically employed when a repeat violation of the rules and regulations takes place that cannot be adequately addressed through guidance and counseling. This action is documented on a department form and placed in the employee's personnel file. Written Reprimand: This is also used when repeat violations of the rules and regulations occurs. These actions are issued on a departmental form placed in the employees personnel file. Suspension from Duty, Loss of Leave, Transfer, or Demotion: These disciplinary actions are issued for deliberate or flagrant violations of the rules and regulations including impairment of the department's mission, bringing the department into disrepute, a continuing pattern of disregard for the rules and regulations, and cases where lesser applications of disciplinary action have failed to correct an employee's behavior. The Police Executive Research Forum 64 Management Study of the Boynton Beach Police Department Termination: If progressive discipline fails to correct an employee's misconduct or behavior prejudicial to the operation of the department or an employee's misconduct warrants disciplinary action greater than that described above, the employee may be dismissed from the department. The Professional Standards Commander is responsible for informing the complainants of the status of the investigations, periodically and at the conclusion of the investigation. Complainants receive written notification of the outcome within 24 hours after review and approval of the case by the chief or his designee. Citizens do not have any internal police avenue of appeal if they are dissatisfied with the outcome of the investigation and/or findings. The chief of police exercises final disciplinary authority involving all sworn and civilian members of the agency up to a one-day suspension. The chief may recommend to the city manager more than a one-day suspension-up to and including termination. The PBAlCity of Boynton Beach collective bargaining agreement and the City Personnel Policy Manual governs the appeals process. Investigative File Structure and Workload The two investigators assigned to Internal Affairs maintain control over the investigative files. All files are stored in locked cabinets in a storage area accessible to only members of the unit. During the PERF team site visit to the unit, the file cabinets were locked and only one key was available-kept in a locked desk drawer. The Internal Affairs investigator unlocked/relocked the cabinet for PERF in order to demonstrate the security of the files. The Internal Affairs Unit office was found to be small and appeared to be somewhat cramped and certainly did not appear to be adequate, particularly while trying to conduct an interview or discuss a matter of confidentiality with some degree of privacy. PERF's review process included an examination of a random sampling ofIA Investigative Summary reports, which were found to be very thorough and professionally presented. Each report included a synopsis of the complaint, details of the complaint (including specific alleged The Police Executive Research Forum 65 Management Study of the Boynton Beach Police Department violations of BBPD Index Code), a synopsis of the investigation followed by details of the investigation, details of the findings and disposition of the charges. The reports reflected good attention to investigative detail, including witness and complainant statements. Review of experience and training of the IA investigators revealed that both have investigative backgrounds and road patrol experience. They were selected through a posted departmental selection process and have received training in Basic IA investigation, Interviews for IA investigators, Kinesics Interview, and are scheduled for training on IA PRO, the early warning system, as well as Shooting Investigations. Internal investigations training has been reportedly scant for field supervisory personnel assigned to conduct internal investigations in the various other components of the department. It was reported that a block of in-service training was offered some time ago for division and section level commanders on how to conduct an internal investigation, however this did not include sergeants. Internal Affairs Workload 2000-2005 Year External Citizen Complaints Internal Complaints Total 2000 13 7 20 2001 16 8 24 2002 27 7 34 2003 30 11 41 2004 23 9 32 2005 22 7 29 Note: This only includes complaints that were actually assigned an "IA number" and does not include complaints that were handled informally by supervisors. Those numbers are not available, as they were not tracked. The Police Executive Research Forum 66 Management Study of the Boynton Beach Police Department Recommendations 1. Index Code 300 states that all complaints will be investigated by the Boynton Beach Pol ice Department. However, the code also allows for the handling of minor citizen complaints by supervisors without any requirement of documentation for the action taken. The department should maintain a tracking system for all complaints that are made, regardless of the way it was resolved. The department is poised to adopt an Early Warning System (EWS). The value in such a system is the opportunity for the department to track all complaints, allegations, and other areas-if it so chooses-that provide input to managers regarding the well-being and risk potential of their officers. A well designed EWS is non-disciplinary in nature. That is, each complaint that is entered into the system has already been adjudicated on its own merits. Other than consulting the EWS for prior sustained infractions when determining progressive discipline in a current and independently sustained case, the entries in an officer's file in the EWS play no role in the adjudication of a current investigation. The purpose lies in the opportunity to identify trends or patterns of behavior that could benefit from intervention before they become a major problem for an "at risk" officer, the department or the city. Intervention could be in the form of confidential employee assistance, remedial training or non-disciplinary counseling. However, if all complaints or allegations are not entered because of their "informal" resolution, the value of the system and the potential benefit to a member "at risk" is lost. 2. The department should formalize the responsibility and the procedure to be followed should the findings of an internal investigation indicate that the behavior resulted from a policy failure. When the department's findings reveal that an officer conducted him/herself in accordance with policy, but a problem ensued because the policy is deficient or problematic under certain circumstances, the department has a serious obligation to correct the deficiency or strengthen the problem area so as to avoid future reoccurrences of problems with that policy. Failure to do so, puts officer and the department at risk. Though the department's codes call for such action, it fails to place The Police Executive Research Forum 67 Management Study of the Boynton Beach Police Department the responsibility to correct or amend the policy with a staffed function. The code should be strengthened by designating the unit responsible for policy review or amendment in such instances. Moreover, there should be a schedule for the review of all written directives. This could be developed in conjunction with the re-establishment of the staff inspections function, but every policy should come up for formal review on a pre- determined rotation (every two years is typical) to ensure it is still useful and up to date. 3. The department should prepare a block of instruction on the proper completion of an internal investigation for those allegations of misconduct that are suitable for assignment to immediate supervisors. This training should be required for all current supervisory personnel and be a standard offering for all newly promoted sergeants. The department rightfully recognizes that there is no need for Internal Affairs to conduct every internal investigation. However, not all the field supervisors have been formally trained in the process. Without standardized training, the department risks maintaining a high degree of uniformity and consistency from unit to unit, and supervisor to supervisor. Though PERF's review finds no suggestion of inadequate or problematic investigations, even a hint of inconsistency in the adjudication of complaints against officers, leaves open the door to complaints of uneven and inequitable treatment. Training for field supervisors, in this area, helps to protect the department and the city. 4. The department's in-service training program should periodically include refresher training on the completion of internal investigations for sergeants and lieutenants. 5. The department's practice of conducting its own investigations into allegations of a serious criminal nature and officer involved shootings should be reevaluated. There is nothing improper about this practice, but many departments (especially smaller ones) have found that there is far less potential for allegations of a cover-up or that internal investigations were intentionally not thorough because of self-investigation. Additionally, in smaller departments it is frequently an issue when, after the investigation, the investigated officer and the investigator may be forced to work together in a strained relationship. These public trust and personnel concerns can be avoided. The Police Executive Research Forum 68 Management Study of the Boynton Beach Police Department The department could enter into an agreement with the Florida Department of Law Enforcement and/or the Palm Beach County State Attorney's Office when there is an allegation of serious criminal misconduct or an officer involved shooting. 6. Despite the state requirement that internal investigations be completed within 180 days, it was reported that in the past it was not unusual for an investigation to be held open as long as two years before completion. Though most who voiced this concern feel the problem no longer exists, the department should establish its own standard operating procedure that internal investigations will be completed within a fixed time frame unless extenuating-and documented and approved--circumstances prevail. Most police departments feel 45 to 60 days is a reasonable time frame. Extensions-in 30 day increments--can be granted by the chief of police, in writing, upon his review of a written request from the investigator in which the reasons for the extension are documented. When extensions push the completion of an investigation beyond 90 days, the complainant should also be notified in writing of the delay. All documentation and approvals relative to extensions should be maintained as part of the investigative file. 7. Staffing in Professional Standards is sufficient. The addition of responsibility for staff inspections will clearly add to the workload, but it should not require additional personnel. As the responsibility for handling additional internal investigations shifts to the field, the workload of the internal affairs investigators should be lessened slightly and they could assist with staff inspections work and possibly even with applicant background investigations. 8. The department should reconsider the possibility of civilianizing the Public Information Officer (PIO) position. Though there are some very capable civilian PI Os in police departments around the nation, there are some clear advantages to retaining this as a sworn position. The PIO is the face of the department to many citizens. He/she becomes the trusted face-on television and in paper-that speaks for the chief of police, demonstrates confidence, and reassures the public that the police are "on the job." Many The Police Executive Research Forum 69 Management Study of the Boynton Beach Police Department believe this is best done in the department's uniform. Not only does it lend itself to an image the public expects, it links the uniform to the officers working in the neighborhoods. Training Unit The Training Unit is organizationally situated under the Professional Standards Section of the department and is supervised by a sergeant who reports directly to the lieutenant who commands Professional Standards. This is a recent change. Previously, the training sergeant reported directly to the chief of police. Staffing in the Training Unit consists of four sworn members and one civilian employee. They are: one supervising sergeant, one officer assigned to recruiting, one officer assigned to background investigations, one officer who serves as the armorer and quartermaster, and one civilian administrative assistant/clerk. There are approximately 12-15 officers throughout the department who periodically serve as in-service training assistants when needed. The duties and responsibilities of the Training Section are outlined in the department's Index Code 800. The training supervisor's responsibilities include the over-site of all departmental training, including in-service training, the monitoring of recruit training at the Broward County or Palm Beach County police academies, field training of new recruits, as well as the activities associated with the recruiting and screening (including conducting background investigations) of potential new employees. The current supervisor is an experienced sergeant with an extensive recruiting and training background and is also a member of the SWAT team and is a SWAT trainer. Being well-experienced in a wide array of training topics, the sergeant conducts numerous training sessions personally. He states that about 50 percent of his time is spent coordinating the FTO program, another 25 percent is spent in coordinating or conducting in-service training, and the remainder of his time is consumed by general supervision and unit administration. Along with the recent reorganization, comes much needed change in the overall management of the Training Unit. Under the former organizational structure, the sergeant answered directly to the chief, but there was a void reported in guidance and direction. Access to the chief was limited to "as needed." Historically, there has been no strategic plan or specific goals for the The Police Executive Research Forum 70 Management Study of the Boynton Beach Police Department Training Unit. This is still the case, but the reorganized chain of command is new and needs time to implement reviced management practices. There is recognition that the former reactionary nature of the training agenda (driven mainly by accreditation requirement, state mandated training, and overtime concerns) does not fully meet the needs of a progressive, growing police agency. The entire training staff works in a very small office where there is less than ideal space for the number of desks, people and files that need to be accommodated. There is no opportunity for private interviews or employee counseling, and it is certainly less than impressive to anyone who may be interviewing for a position with the department. Unit personnel are trying to find adequate space to do their jobs as well as conduct training classes, but finding adequate space is routinely challenging. As was noted in several other components of the department, there has not been a history of regular staff meetings to ensure employees are fully informed of strategies, goals, expectations, progress, etc. However, the tight work environment, reportedly, does somewhat provide an alternative to meetings in that everyone is in full contact with everyone else each workday. The budget process for the Training Unit-as was prevalent among other departmental units-is more a matter of working with budget constraints than planning and managing the budget. Recruitment The department's recruitment effort is assigned to an officer in the Training Unit. This officer divides his time equally between recruiting matters and as an assistant training officer in the area of in-service training. Recruiting and selection of sworn personnel is governed by the department's Index Code 801. The designated recruiter is new to the position and is just learning his role and responsibilities. The recruitment of minority and protected class individuals is recognized as a priority for the department. However, recent recruitment efforts have not included any specific initiative aimed at minority or female recruitment (e.g. no special recruiting trips have been conducted to locations where individuals meeting these criteria could be expected in greater numbers). The The Police Executive Research Forum 71 Management Study of the Boynton Beach Police Department department's web site posts benefits for entry-level police officers (some of which were very attractive and competitive) but there is nothing to specifically attract targeted populations. Selection / Hiring Process The selection process is coordinated, under the supervision of the training supervisor, with the City of Boynton Beach Human Resources Department to insure that job openings within the PD are adequately advertised-both locally and regionally through print and electronic media- where appropriate. All advertisements are required to reflect that the City of Boynton Beach is an equal opportunity employer. Minimum requirements for all police officers are prescribed in Florida State Statute, Section 943.13. Advertisements indicate the minimum requirements and disqualifiers, but there is no indication of the preferred traits, background or educational attainment. Other than local recruiting and job fairs there are no plans that outline goals or objectives either for recruiting for the next year or into the future. All applicants are required to complete a 26- page employment application, which is labeled Personal History Questionnaire. This application demands a complete account of the applicants past. It serves as the basis for the agency to conduct a thorough background investigation. This may often take an applicant a week or longer to fill out and return. Once this is returned it is reviewed by the staff. This may take another week or longer. Once the review has taken place it is entered into the database and dated (the application is good for one year). The applicant is then eligible to take the written test given by the city HR department which is administered generally once a month. The test is sent to an outside contractor for grading which usually takes no more than two to three days. A B-Pad test is then scheduled in lieu of an oral interview by the department's training section. This is a video recorded exercise in which the applicant views a video tape of a practical situation and must layout his/her response or course of action. If the candidate is successful regarding in all of the preliminary testing, a background investigator is assigned the file for investigation. This normally will take a minimum of a week to ten days under ideal conditions; but often it takes longer--especially if the background involves out-of-area confirmations. The Police Executive Research Forum 72 Management Study of the Boynton Beach Police Department Once the background has been finished, a conditional ofTer of employment is made and a physical as well as a psychological exam is scheduled with outside professional sources. This may take at least another 2 to 3 weeks. Once all of this is completed a decision is made as to hire, or not hire, and then the successful recruit is scheduled for the next recruit academy class. Those who are pre-certified can be placed directly into the FTO program. The table, below, depicts the applicant pool that was processes by the department in 2004 and 2005. WM WF BM BF HiM* HiF* HaM* HaF* AM OM 2004 69 10 19 3 25 5 10 2 2 1 2005 96 6 17 1 27 1 10 0 1 1 *Hi refers to Hispanic and Ha refers to Haitian During the two years, 306 applicants were processed. White applicants made up 59 percent of the total group. Black applicants made up 13 percent of the group, Hispanic applicants made up 19 percent, Haitian applicants 7 percent, Asian and other race applicants accounted for less than 2 percent of the pool. Females accounted for 9 percent of the group and all non-White applicants together accounted for almost 41 percent. The 2004 population data provided by the department indicates that the white population of the city was almost 68 percent. The Black population was reported to be 25 percent. Hispanic and Haitian population percentages in the city were not specified. As is typical for police selection processes around the country, disqualification rates are high. Then, only the best of those who are not disqualified are actually hired. For example, the most recent recruit (April 2006) class that was selected from the 2005 pool of applicants consisted of only 14 recruits. The class make-up was: . 7 White Males . 2 White Females The Police Executive Research Forum 73 Management Study of the Boynton Beach Police Department . 2 Black Males . 3 Hispanic Males When comparing those actually hired to the applicant group and city demographics, some the following is noteworthy: . Whites made up 68 % of the city population, 59% of applicants, and 64% of those hired in the last class. . Blacks made up 25% of the city population, 13% of applicants, and 14% of those hired in the last class. . The minority population of the city is 32%, minority representation in the applicant group was 41 %, and for the recruit class hired, it was 36%. . Female representation among the applicant group was 9% and 14% among those hired. Overall, the selections made by the department demonstrate an effort to hire a diverse group of recruits that fairly represents the city's overall minority population, though Black and Female representation in the recruit class is less than in the population of the city. With regard to adverse impact as it relates to the selection process, it is interesting to note that White, Black, and Hispanics applicants were hired at identical rates. That is, when comparing the number of those hired in each group to the number of applicants who were processed, White, Black, and Hispanic applicants were each hired at 5%. Females were hired at 7%. As such, there is no adverse impact demonstrated in the selection process for Black, Hispanic or Female applicants. The same cannot be said for Haitian, Asian or Other applicants, none of which were hired. Recruit Academy The department currently sends most of their recruits to the Broward County Police Academy held at the Broward Community College in Ft. Lauderdale. The alternative is the Palm Beach County Criminal Justice Academy held in Lake Worth at the Palm Beach Community College. The academy requirements are prescribed by state statute and are monitored for quality by the The Police Executive Research Forum 74 Management Study of the Boynton Beach Police Department Florida Department of Law Enforcement Standards and Training. Classes are held three-four times a year or on an "as-needed basis." All academy instructors have to meet state standards in order to be certified to teach in the academy. After the completion of the state academy classes, the recruits are provided with over 100 hours of orientation by department on such things as high liability policies and procedures, firearms and other weapons familiarization, and other customs and policies of the department, before actually beginning the FTO program. Field Training Officer Program The successful completion of all components of the recruit academy allows the student officers to transition to the Field Training Officer (FTO) Program. The recruit FTO program is managed by the supervisor of the Training Unit whose job it is to ensure that all records and requirements of the FTO program are fulfilled. The recruit officers, once they have completed the orientation phase of the program, are assigned to the patrol operation and their day-to-day supervision is managed within that chain of command. The training supervisor communicates regularly with the patrol division supervisors and field trainers to insure quality control. Currently there are 17 FTOs, 16 are certified and one is awaiting the standard 40-hour academy FTO training. The FTOs are volunteers. The criteria for FTO selection is promulgated through the department's Index Code 802 (Field Training Program). The decision as to which of the FTO s will be paired up with each trainee is the decision of the operations commander in patrol. Although the Training supervisor has no input into the day-to-day operations of the FTO program, there is good communication on a regular basis between training and field operations concerning the status and progress of a trainee. The FTO program is a minimum of 14 weeks in duration, and is conducted in 4 phases. Phase 1 is the orientation program of over 100 hours. During this phase the recruits are still assigned to the Training Unit. Once orientation is completed, the recruits move on to the additional 3 phases, which are conducted in the field under the supervision of the FTOs and their operational supervIsors. Close examination of the program reveals that it is very well organized and well The Police Executive Research Forum 75 Management Study of the Boynton Beach Police Department documented. There is a set of Standardized Evaluation Guidelines that provide guidance for objective scoring of the recruits in 3 I different dimensions of performance. During the course of the program trainees are assigned to at least three different FTOs. Although there has been some customization, the FTO program is modeled primarily around the San Jose Model Field Training Program that has been in existence for over 30 years. Officers are evaluated with Daily Observation Reports (DOR), which were completed electronically for several years. Recently, because of a change in the policy that governs assignment of personal computers, these reports must be completed, manually, in hard copy. However, it was reported that computer generated reports were also not without difficulty. Occasionally reports became missing because of what appeared to be a software problem. Examination ofrandom samples of field training files revealed some incomplete files which substantiates the problem. Several other files examined appeared to be complete. The system of reporting and feedback on a recruits progress is monitored very closely by the training Sergeant. The reporting requirements on recruit performance are quite extensive. Besides the DOR, there are requirements for a synopsis report at Mid-Phase, a Side Evaluation Session report, an End of Phase report, a Probationary Officer Bi-weekly Evaluation report, a Field Training Sergeant Performance Appraisal, and a Remedial Training Worksheet documenting any remedial training that was conducted with a recruit to help himlher improve a deficiency. The program also calls for regular meetings between supervisors and the trainee for the purposes of discussing the details of a recruit's progress and any need for special remedial training. The program also allows for the recruit officer to evaluate his/her trainer at the end of each phase. Details of the program are outlined in the FTO Officers Manual and The FTO Trainee Manual. Overall evaluation of the program revealed a formal process to select qualified FTOs, with each FTO receiving 40-hours of formal "FTO Train the Trainer" training. The program is well managed and well documented. The Police Executive Research Forum 76 Management Study of the Boynton Beach Police Department In-service Training Standard in-service training for officers is focused on fulfilling] 3 categories of training required by the Florida Department of Law Enforcement Standards and Training, Florida Accreditation, the City of Boynton Beach or the department, itself. These include the following: . ASP (Accreditation) Every 2 years . Blood borne Pathogens (Accreditation) Yearly . CPR (Accreditation) Yearly . Domestic Violence (FDLE) Every 4 years . Human Diversity (FDLE) Every 4 years . Juvenile Sex Offenders (FDLE) Every 4 years . OC Spray (Accreditation) Every 2 years . Police Driving (City) Every 4 years . Firearms Qualifications (Dept) Twice Yearly . SALTS (FDLE) Every 4 years . Specialty Impact Munitions (Accreditation) Every 2 years . Taser (Accreditation) Every 2 years . Use of Force (Accreditation) Once yearly Firearm training consists of completing a qualification course twice annually. The department has a "Range 2000" interactive training program and has access to a range. The interactive simulator has been available for the past several years; however, it was not utilized untiJ the present chief was appointed. The simulator requires about 20 minutes of an officer's time to run through three different shooting decision scenarios. It is now being incorporated to enhance the two yearly firearms qualifications. Supervisory Training In-service training for department supervisors and managers is rare as most of this is accomplished through the Criminal Justice Academies of the two local community colleges. There are no supervisory training requirements prior to promotion; however, anyone promoted to sergeant is required to attend the "Line Supervision" 80-hour course at the local criminal justice The Police Executive Research Forum 77 Management Study of the Boynton Beach Police Department academy. A "Middle-Management" 80-hour course is also offered as a follow-up to Line Supervision. Many of the supervisors and managers of the department have attended the Southern Police Institute Command Officers course that is made available in the area once or twice a year. Career Development / Specialized Training Opportunities The department utilizes a civilian Computer Support Specialist assigned to the Training Unit to manage the in-service and specialized training function. The coordinator publishes "available training" announcements for both general and specialized training by posting it on the department bulletin board. Officers interested in attending the specialized training must complete a Training Attendance Request and forward it through their chain-of-command beginning with their immediate supervisor. The officer's request can be denied at any level of the chain up to the chief of police. If the request is denied at any level it is returned to the coordinator with an explanation for the denial. Each request is logged into the officer's training file (electronically) so that a record may be kept of the request. Approved requests are also returned to the coordinator to be logged into the record. The coordinator makes travel arrangements and fills out the proper paper work for budgeting purposes. A review of random electronic training files of officers reflect the name of the officer, name of the course, number of hours, date, location and instructor of the course. Each officer's complete training record can be produced in a matter of a few minutes. Although there appears to be no specific requirements for supervisors to review an officers training file in conjunction with their yearly evaluation, it is reported that supervisors do come to the coordinator requesting that she find particular schools that will aid their officers in improving their skills. Overall it appears that the department is very supportive of officers' efforts to improve their skills through specialized training opportunities. Random review of officer training files reflects a significant amount of training received through in-service or outside specialized training opportunities. The Police Executive Research Forum 78 Management Study of the Boynton Beach Police Department Recommendations 1. The Training Unit should develop a forward-looking training plan that specifies it objectives for multi-year period. The plan must continue to consider the mandates of the state and accreditation, but it should address the needs of personnel, and input from command and supervisory personnel as well as officers. Training topics should include problem areas identified by internal investigations, officer and FTO evaluations, risk assessments and litigation, citizen complaints (and perceptions), newly reported best professional practices, professional publications, and more. From these identified needs, and in consideration of budget limitations, training goals can be established. Managing the plan, and the budget that supports it, should an interactive process. Like any effective plan, accomplishments need to be tracked and the plan must be flexible based on measures of effectiveness and intervening priorities. 2. The lieutenant and sergeant should regularly (monthly) and formally meet with the training staff to ensure that established goals and priorities are on track and that impending roadblocks are identified well in advance. Though this is a close-knit group--- in tight quarters-regular discussion, efforts at problem-solving, and documentation of issues helps to keep goal accomplishment on track. 3. The current lack of space in the training office is contributing to significant interruptions and is not conducive to the efficient operation of the unit. This is also the place where a potential recruit's first impressions ofthe department are formed. It is hard to convey to an applicant that this is the police department he will want spend decades with, when the conversation is taking place in cramped quarters without any privacy. Many departments have found it worthwhile to invest in a space conducive to recruitment activities--where displays and materials put the department's best foot forward. Given the department's limited recruitment needs, this could be a shared conference room or other suitable place. 4. The department needs to establish recruitment goals and develop an action plan to meet them. It is apparent that the department understands and seeks to recruit and hire a The Police Executive Research Forum 79 Management Study of the Boynton Beach Police Department diverse mix of applicants for its police officer positions. The make-up of the most recent recruit class demonstrates this. However, there is much room for improvement. At the time of this report, the department's sworn strength was 130 (not including those in the recruit academy). Of those 130, some 80 percent were White. The remaining ten percent were Black, and the total number of sworn Females was ten percent. With a Black population of 25 percent, the department is significantly under-represented. Moreover, a review of the assessment completed by Murphy, Mayo and Associates in ]992, shows that the department was 98 percent White and two percent Black then. An increase from two percent to ten percent (eight Black officers) in twelve years shows that the department has more progress to make. But the ability to hire a diverse mix of officers depends on the department's ability to attract a richly diverse pool of applicants. Attracting applicants is not accidental, it requires a plan and it must be carried out. The plan should focus on the current under- representation and the future needs of the department considering the growth that is occurring within the city. However, effective plans are not without cost. The city must understand that a commitment to recruiting excellence and diversity will require budgetary support. 5. The department should identify the traits and characteristics it seeks among recruits. This could include a customer orientation, problem solving abilities, communications skills, adaptability, and a good work ethic-in addition to the standard expectations of integrity, honesty, loyalty, etc. Additionally, the department should determine how many minority and female applicants it needs to attract in hopes of qualifying a sufficient number for hire. Recruiters should then target recruitment markets where there is an expectation of attracting a diverse group of applicants possessing the desired attributes. This can include high-minority enrollment colleges and military discharge centers. Some departments have found success focusing on college sports teams, while others (with mixed success) look to raid other police departments. College recruitment goes well beyond attending career days. It entails arranging to speak in the classrooms to student long before their senior year. Some successful recruiters say it is akin to colleges The Police Executive Research Forum 80 Management Study of the Boynton Beach Police Department recruiting athletes. It becomes a matter of identifying who you want and aggressively seeking their application. 6. Effective recruitment requires the tools to get the job done. The best applicants seek out a competitive salary and benefits, but they are also attracted by the department's marketing effort. This means recruiters should have access to impressive printed materials about the department. The department may want to put together a short video production that highlights the best reasons to work for the department, and a professional mobile display should be available to take to recruitment opportunities. Though the department's web page offers hiring information, the current layout does not offer encouragement to minority or female applicants. 7. The department should strive to reduce the time it takes to complete the selection process. All too often, the most attractive recruits are sought after by multiple departments, and frequently good applicants are lost to the departments that can bring them on board first. When someone needs a job--after college, the military, or relocation-family and financial obligations often do not permit them to wait, months on end, not sure if they will be hired. The current selection process is too lengthy. The department should work to shorten or streamline the process. For example, the 25-page application that must be filled out by a prospective applicant before the process can start is ill placed. A brief application that simply seeks to verify minimum qualifications takes less time to complete, screens out the clearly disqualified, but encourages others in that they quickly move to the next step in the process. Moreover, the current questionnaire is time- consuming and costly for the department to process. It would be more useful and cost- effective later in the process. 8. The FTO program is well designed and properly administered, but evaluative documentation could be strengthened if computer generated. The change in policy that assigns computers to cars and not to officers has resulted in some reports being completed manually, and less completely. In keeping with not only the best possible FTO program, but also the benefit of building the computer proficiency of recruits The Police Executive Research Forum 81 Management Study of the Boynton Beach Police Department working with an FTO, an exception should be considered to assign personal computers to FTOs. This would allow for immediate retrieval of reports and significantly speed up the process. Additionally, the software program used for FTO reporting should be reviewed and corrections made in order to insure reliability. 9. Although the practice of allowing new trainees to evaluate their trainer is a good one, evaluation should be held until the recruit has cleared the FTO Program and can be more objective regarding the trainer. It is doubtful that a trainee who may be having a problem with his/her trainer is likely to express negative views about that trainer while still under the auspices of the FTO program. Code Compliance The Code Compliance Unit was formerly attached to the Building and Zoning Division and is now attached to the police department. The Code Compliance Unit administrator reports directly to the chief of police. The staff complement for the unit includes eight compliance officers, three clerical assistants, and one administrative assistant. The eight compliance officers provide coverage between 7:00 am and 5:00 pm weekdays. One half of the compliance officers will start at 7:00 am and the other half will report for duty at 8:00 am. Every eight weeks each compliance officer will cover a Saturday shift from 7:00 am to 3:00 pm. The unit's key responsibilities include the following: J. Enforcement of the Community Appearance Code a. Exterior paint issues b. Fencing issues c. Trash issues d. Abandoned autos 2. Permitting and Licensing a. Enforcement of building permits 3. Designation and destruction of unsafe structures The Police Executive Research Forum 82 Management Study of the Boynton Beach Police Department 4. Licensing of Single Family Rental Units 5. Monitoring of Unlicensed Building Contractors The issue of unlicensed building contractors has become a major issue in the months following the hurricane season. Unethical and fraudulent building contractors have flooded the area in response to the need for post-storm rebuilding. The Code Compliance Unit will lead a team of compliance officers, police officers, and building inspectors to address complaints of unethical or incompetent conduct on the part of unlicensed and licensed contractors. Compliance officers receive approximately 10 new cases per day per officer. Approximately 10% of all cases will see an immediate conclusion, or compliance, after a verbal warning. The remaining 90% of cases will require a written warning that cites a 10-day time limit for compliance. Only 10% of the 10-day warnings result in the issuance of a violation ticket. Members of the unit are struggling with a software package they are using for case management. The system was initially intended for management of utility billing accounts. All permitting and licensing records are stored in this system, thereby creating the requirement for use by the Code Compliance Unit. Ideally, the members should have access to the case management functions available through CrimeWeb. The members of the unit are not wireless capable at the present time. Time on each case is extended because officers are forced to travel back and forth from the office to conduct the necessary records searches. Officers also tend to handwrite their reports in the vehicle to reduce the number of return trips to the office. This practice is duplicative, however, since each report has to be entered into the computer system by the officer at the end of shift. The members of the unit enjoy good working relationships with the police department and the county health and housing departments. Indeed, the members of the unit often cooperate with the police department in specific problem-solving projects undertaken by the police department, including assisting with vice sting operations on stripper bars. Code compliance officers are also The Police Executive Research Forum 83 Management Study of the Boynton Beach Police Department seeing an increased need to coordinate their own efforts with the police, especially when dealing with animal complaints, while serving civil citations, and while serving sexual offender notices (limits on where sexual offenders can live within a 2500' proximity to schools and other areas where children congregate), issued under the authority of the Code Enforcement Board. In support of police efforts to reduce alarm calls, the code compliance members manage and issue all violations under the Alarm Code. Under the current Code, the first 3 false alarms in one calendar year receive a warning. The 4th through 6th incidents of false alarms will result in a sliding scale of penalties from $25.00 to a maximum of$JOO.OO per violation. Recommendations I. The alignment of the Code Compliance Unit with the police department has proved to be a workable and mutually useful arrangement that should continue. Compliance officers feel that their high rate of success in gaining compliance is partly attributable to the fact that warning letters are written on police department stationary, and signed by the chief of police. Police efforts in addressing specific quality of life issues are complemented by the ready presence of code compliance officers and mobilization of their specific competencies and responsibilities. 2. This unit is effective at what it is charged to do, but opportunities to work in greater cooperation with CAT efforts and enhanced patrol problem solving (as recommended throughout this report) could be achieved if code compliance worked within Community Services (as recommended in the "organization" section of this report). 3. Code compliance officers should be issued police radios since much of their work involves police-related issues. Of specific concern are code compliance activities such as service of sexual offender notices, dealing with animal control complaints, and with service of civil notices. While not inherently dangerous activities, they each carry the potential for adverse reactions by the involved parties. Ready access to police back-up under these circumstances is appropriate. The Police Executive Research Forum 84 Management Study of the Boynton Beach Police Department 4. Efforts should be made to provide limited access to the case management capabilities of CrimeWeb and enhanced technology for members of the Code Compliance Unit. Uniform Services Under the command of one of the department's two majors, this command is the largest in the department. The major is assisted by a lieutenant and an administrative secretary. He oversees the two Patrol Shifts, and the Administrative Lieutenant who commands Special Services, the newly created Community Services, and the Traffic Unit. In total, the major is directly responsible for five lieutenants. Administrative Lieutenant The recently created position of Administrative Lieutenant is responsible for a number of administrative duties that fall to oversight ofthe Uniform Services Major. At the time of PERF site visits, this was the function of a sergeant. As the administrative assistant to the major, the lieutenant handles incoming inquiries and complaints from citizens and officers, passes down direction from the major, and an assortment of other varied duties. The responsibility for overseeing the uniform services of any police department is considerable. Patrol consumes the largest portion of departmental staffing. The number and frequency of issues that arise can be time-consuming. Departments this size, and larger, rely on positions like the Administrative Lieutenant's (at varying rank levels) to provide a wide array of assistance to ensure seamless patrol, traffic, and support operations. Special Services At the start of this assessment of the department, this function was the responsibility of an Administrative Sergeant who was organizationally assigned directly under the Uniform Services Major. However, as is typical and noted throughout this report, police departments are rarely static organizations. This responsibility has since been reassigned to a full-time Special Services Sergeant's position, which now oversees the K-9 Unit, and the Marine Unit. The Police Executive Research Forum 85 Management Study of the Boynton Beach Police Department Details As a collateral duty, this sergeant administers the department's Secondary Employment (Details) function. This entails arranging for personnel to work approximately 300 details every month. Some are long-standing, with the same contractors, but others arrive on short-notice and are one- time events. A list of the recurring details is distributed to officers via email and assignments are based on seniority, while short-notice details are posted for a first-come, first-serve basis. There are currently no restrictions on the number of hours that officers can work details in a specified period, except that the maximum detail cannot be more than 12 consecutive hours for any officer. It was reported there had been limits, but the advent of the 11 '12-hour day made them impractical. The policy is slated to be rewritten, but it has not yet been done. Billing for the detail of officers, and vehicles ifused, is handled by the department, and officers are paid by the city. The sergeant spends roughly fifteen hours a month working on the duties related to details. Marine Unit The marine unit has not been staffed due to personnel shortages. As staffing permits this summer, the intent of the department is to deploy two officers to the marine unit. This would allow minimum work in some 2 Y:z miles of inter-coastal waterway and the ocean beach, providing a measure of water safety (rescue), some drug interdiction with the Palm Beach County Sheriff's Office, and customs and immigration work with federal authorities. The department has a 32 foot V -Hull vessel that has been in storage while the Marine Unit was not a fully staffed unit. It is reported that, at times when staffing has permitted, officers who had been formerly trained in marine operations have conducted occasional marine patrol. In anticipation of the unit's re-establishment, the department has ordered a 22 foot Rigid-Hull vessel for use in the city's many fresh-water canals. The intention is to keep the V-Hull in ready condition, in a slip, while the Rigid-Hull would be kept dry until needed. The Police Executive Research Forum 86 Management Study of the Boynton Beach Police Department Recommendation: 1. Being a water-front city brings marine responsibilities to the array of police services that need to be provided. Staffing the Marine Unit will require that a sufficient number of officers are assigned so as to provide adequate officer safety. Safely operating a 32 foot vessel will require at least two officers; three would provide a greater measure of safety. To ensure two-officer coverage 16 hours a day, seven days a week, requires 7.4 (rounded to 8) officers to be assigned.6 If the Marine Unit is re-established to operate only operational 8-hours a day, 4 officers should be dedicated to this function. Canine Unit The department has four canine teams that are deployed with patrol platoons. They work 10 Y2 shifts that correspond to the patrol day-night deployment pattern, but their day is one hour shorter to permit the dog handlers extra time to care of their animals. This is a standard practice, nationally. The teams work for the patrol sergeants on a daily basis, and the patrol sergeants evaluate their work. Canine teams will respond to calls that are dispatched close-by, but they are not normally part of the zone deployment scheme. They work, at-large, unless staffing shortages demand otherwise. For administrative purposes, they answer to the Special Services Lieutenant. Normally, it is ill-advised for any officer to answer to two superiors. It violates the premise of "Unity of Command." But in this instance, it is an efficient way to ensure the special needs of the canines are handled uniformly, rather than having four patrol sergeants bogged down with special procurement and training needs. 6 The department was not able to provide "actual officer availability" data. That is, officers are typically expected to work 2080 hours a year. However, from those 2080 hours, there are losses to vacation, sick leave, holidays, jury duty (and other such leave categories), training days, etc. Ideally, the department tracks these losses and can provide the number of hours its officers are "actually available" to work assigned shifts. In the absence of these actual calculations, PERF relies on its experience with other departments in which these calculations have been available. Typical" Actual Officer Availability" is about I ,550 hours a year. In younger departments, where less senior officer earn less leave, the number of available hour can increase to I 580--which is the number used for this staffing determination. This equates to a "show-up" rate of 76 percent. The Police Executive Research Forum 87 Management Study of the Boynton Beach Police Department Canine training demands special attention. The department employs private trainers and sometimes takes advantage of outside agency training, but all trainers need to be state certified. In-service training takes place weekly, for a four-hour period. Three officers train together, while the fourth works with the on-duty patrol platoon. This requires some shift adjustment or compensatory-time approval for those involved in the training. The department does not have a suitable training field for canine training exercises, so they make do with a field at a local warehouse. Handlers keep their canine partners at home. If the officers chose to keep the dogs in a kennel or secure dog-run at their home, it would be at their own expense. Kenneling while the officers are away is done under contract at a local veterinarian. Medical care and food is handled the same way. Canine deployment varies, but estimates suggest that each team is called to six to eight incidents a month. This does not include the calls they respond to because they are in the area. As is typical for canine deployment, they respond to building searches, in-progress calls, incidents in which a person needs to be tracked, and when drug detection is at issue. All of the department's canines are drug trained. Building searches are conducted off-lead and dogs are trained to "Bite and Hold." It was reported that no canine bite has resulted in litigation or compensation in over a decade. Recommendations: 1. The "Bite and Hold" canine training should be reviewed. The department has not experienced any problem as a result of this practice and it appears the handlers take their responsibility seriously, keeping their partners well controlled. But many departments around the nation have been the subject of serious litigation because of "Bite and Hold." This is especially true in "off lead" situations. Departments that employ "Bark and Hold" training find their canine teams are just as effective, but with less risk. 2. The practice of deploying canine teams with patrol is a good one, but it may discourage other use of canine teams. CAT operations, especially when drugs are involved, could benefit from canine presence. There is no suggestion that canine is not available for The Police Executive Research Forum 88 Management Study of the Boynton Beach Police Department support, but rather that it may be overlooked when it could be of value. The Special Services Sergeant, the Patrol Sergeants, and the Community services Sergeant should coordinate the use of the canine teams to ensure a maximum advantage. 3. Canine staffing appears to be adequate for the present. Four teams-one per patrol platoon--does not provide any opportunity to back-fill if a team is on leave. But considering shift work, back-filling would require constant shift adjustments for a fifth team, which is impractical. Community Services The department just created this unit. The functions of this unit (CAT, Community education, and PAL) had previously been assigned to Special Services. The unit is headed by a sergeant. Community Action Team The Community Action Team (CAT) is staffed by four officers who serve a dual purpose. Plans were in place to expand the team by one additional officer. Working eight-hour days, the group devotes half of it's time-typically the fist half of the day-on bicycles making an effort to engage people on the street and maintaining high-level of visibility. The team has ten bicycles, but only uses four. At the time of the site visits, two officers were not yet bicycle certified. In fact, other than bicycle certification, no specific training is provided to team members upon coming into function, nor are officers picked because of any prior training or existing skills. The second half of the day is spent following up leads, making traffic stops, conducting warrant checks, making contacts, and essentially conducting street-narcotics enforcement activities. On occasion the team conducts prostitution stings. The team is assigned two marked and two unmarked (non-police type) vehicles for this purpose. Members of the team feel they have made good contact in the neighborhoods and that they are well regarded by the citizens who would like to see community improvement. This was supported by many of the persons who attended the PERF led focus group meetings. The Police Executive Research Forum 89 Management Study of the Boynton Beach Police Department CA T works, in pairs, in problem neighborhoods and may be directed by crime analysis reports, patrol information, or intelligence from any number of sources. Officers report that the community especially likes the "Community Concern Cards" that are handed out to citizens on which they express concerns that they would like the police to address. The cards are in fact post-cards that list types of problems and provide a space for the public to identify problem locations, and themselves, if they so chose. Reportedly, the information provided on these cards has led to some opportunities for the team to make arrests and eliminate problems in the neighborhoods. For the most part, it was reported, the team's work is self-directed with little in the way of assignments that are directed in conjunction with patrol or investigative efforts. The lieutenant overseeing the team indicates crime statistics playa role in work assignments but agrees that 70 percent ofthe team's work is self initiated. All the team members interviewed agreed that there was more than enough work to consume the team and to justify adding personnel. In addition to the bike and enforcement work, the team also handles calls for service and backs- up patrol officers when a call for service is dispatched near to where they are working. Officers on the team and in patrol agree that their relationship is good and that information is shared for a common goal. There are, however, times when information held by the CAT team is related to an operation yet to unfold and therefore it is not shared. CAT information is regularly shared via email so others in the department can see what CAT has been working on. The Community Services Sergeant offers that performance ofteam members is not related to statistics, but rather focused on outcomes, such as decreases in crime in the areas where they are concentrating their efforts and attitude changes in residents. Many members of the team, including managers and supervisors recognize that their work sometimes just causes displacement of crime from the areas they work to adjacent areas and other parts of the county. Recommendations: 1. The CAT team provides a high-visibility bicycle patrol that appears to be desired by many in the business communities and residential neighborhoods. However, with four The Police Executive Research Forum 90 Management Study of the Boynton Beach Police Department bicycles in play for four hours a day, five days a week, they are stretched thin. Moreover, their scope of operation is aimed at problem neighborhoods where they can make the most impact, and they split their time with visibility and directed enforcement. This is appropriate, but it does not fully meet the potential for bicycle deployment or community policing. The department should consider certifying a number of patrol officers for bicycle deployment and when the strength in patrol is at a sufficient level, these officers could be deployed in other areas where visibility, not tactical/operational objectives, are foremost. These officers can still perform patrol functions, but in a more visible way. By cross training patrol officers, they stand ready to assist in the event of large-scale CA T operations or events where bicycles would be more effective. It also provides a cadre of officers who could be excellent candidates for rotation into the team in the event of vacancies or team growth. When the department's overall strength reaches adequate levels, one effective practice would be to rotate interested patrol officers into the team for a period 30 - 90 days. 2. Officers bought into any specialty unit should have benefit of both on-the-job training and formal training to make them more proficient. CAT training should include bicycle certification, street-level drug enforcement, and developing informants at a minimum. 3. Work assignments for CAT should not be largely self-directed. That is not to suggest that tips and leads do justify follow-up, but that the department should maximize the analysis of crime and calls for service data to determine where CAT can have the greatest impact-when their efforts are combined with patrol, investigative, and other specialty unit resources. Mangers should be developing strategies for effective enforcement and problem solving aimed at specifically targeted problems. Assignments should plan and consider actions that are intended to eliminate problems rather than displace them to other areas. This is not always easy, but simply moving problems around is not effective. 4. The CAT should also identify areas in which foot patrol would be useful. In certain neighborhoods as well as in business and shopping areas, the public could be even better The Police Executive Research Forum 91 Management Study of the Boynton Beach Police Department engaged by officers on foot. At times, it would be useful to team up with code compliance personnel to identify projects that could benefit from involvement by both entities. Some problems are only properly solved when several agencies apply resources. CA T can take the lead in bringing the needed resources together under a team approach to problem solving. 5. Despite the fact that CAT spends a great deal oftheir time on street-level narcotics enforcement, there is little or no coordination between CAT and the department's Vice Intelligence Unit. Admittedly, they are focused on two different levels of drug enforcement, but there are common players who should be known to both. The Community Services lieutenant and the Investigative lieutenant should ensure that maximum coordination and the sharing of appropriate information takes place. 6. The Community Concern Cards have proven to be a good idea that has led to arrests and problem resolution. However, the postcard design calls for the tipster to identify himself on an open postcard. It is unlikely that anyone will identify themselves. The card should be designed to fold over and be self sealed. This is not a big issue, but personal contact with potential informants can be a valuable asset for the future. The current design does not encourage self-identification. 7. The daily activity reports completed by team members are useful to inform other units of their general activities, but the sergeant should compile a spreadsheet or maps that document when and where deterrence and enforcement activities are concentrated. This will permit better comparison against crime analysis reports for the sake of charting progress and outcomes that result from CAT efforts. 8. From all indications there is enough work and a desire among the public to increase staffing in this unit. The department is contemplating the addition of a fifth officer. For safety reasons officers on bicycles are best deployed in pairs. Allowing for time off, five officers would provide four (two pairs) on most days. Though there are sufficient quality of life matters that the team could address with added strength, if the recommendations in The Police Executive Research Forum 92 Management Study of the Boynton Beach Police Department this section were adopted, CAT staffing of five would (with assistance from the sergeant) be minimally sufficient, and six would be ideal for now. Additional team staffing (beyond six officers) should be put off until the recommended targeted enforcement measures demonstrate successful outcomes. Community Education The Community Education function consists of two officers who answer to the Special Services Lieutenant. Until just recently one officer handled this function. These two officers are responsible for all volunteer programs including the Citizen Observer Program (COP), crime prevention programs, and they administer the Citizen's Police Academy. These officers work day shift hours Monday through Friday, but frequently flex their hours in order to attend meetings in evening hours. A third officer, also working a flexible weekday, day shift administers the department's Police Athletic League. This effort consists largely of athletic team sports in the nine and under and fourteen and under age brackets. The officer operates out of the Ezell Hester Community Center, where a great many ofthe city's minority youths congregate. From all accounts this officer has developed a strong relationship and enjoys a good reputation with local juveniles. The department has organized 22 volunteers, who volunteer their time to conduct patrol activities. Before being accepted, these individuals are subjected to a background check and they must attend a l6-hour state certified training program. They report for duty, in uniform, in four- hour increments and patrol in one of three specially marked vehicles. They are can direct traffic, relieve officers on accident scenes and wait for tow trucks to arrive, assist with traffic on fire- ground scenes, work special traffic details, and they can write traffic citations and testify in court. When they report for work they go in and out of service on the police radio. Since 2002, when the program started, they have proven to be a valuable resource, writing as many as 80 percent of the city's parking citations. As valuable as these volunteers are, there is a feeling among some of them that they could be utilized to a greater degree. The Police Executive Research Forum 93 Management Study of the Boynton Beach Police Department The other volunteer program administered through Community Education has a greater number of volunteers, but much more limited authority. The Citizen Observer Program boasts some 1800 volunteers who represent specific neighborhoods within the city. These volunteers operate out of nine specially marked vehicles (marked as COP which is different than other departmental and volunteer cars). They patrol their communities and shopping centers, in pairs, wearing COP shirts and patches, with identification cards and one cell phone per car. The volunteers are subjected to a limited background and orientation training, before taking on observer roles. This group has its own rank structure, operates within the bounds of the COP standard operating procedure, holds regular monthly meetings, and sets up its own work (volunteer) schedule. They provide a significant asset to the city. For example, in April of2006, they logged 3,283 hours of volunteer time and patrolled over 15,000 miles. Mostly seniors, these volunteers are to act strictly as observers, and are restricted from taking action. In order for a community to be accepted into the program, it needs to assemble at least 30 volunteers. It has been a preferred strategy to assemble interested persons first into crime watch programs in their communities, and then guide them to the volunteer (COP) track. At times, the Community Education officers enlist the help of CA T officers, by having them distribute crime prevention and COP flyers to residents as they patrol troubled neighborhoods on bicycle. Despite the department's best efforts to expand the COP in minority neighborhoods, the required level of interest has not materialized. Even attempts at developing interest among the faith community in minority areas have failed. At the present time, there are six active Neighborhood Watch programs in the city. The Community Education officers seek out Community Association meeting dates and, along with patrol officers, attend in hopes of generating interest in the department's various crime prevention initiatives. The officers bring crime data and information specific to the community being visited. As time permits, it is reported that sergeants and lieutenants appear at these meetings as well. The department's Citizen's Police Academy is a ten-week program that exposed attendees to the department, its units and services, including Code Enforcement, Victim Advocacy, Crime Scene The Police Executive Research Forum 94 Management Study of the Boynton Beach Police Department Processing, and more. The academy is offered twice a year and graduates 40 to 50 persons a session. It is open to residents from other cities and the county. To date, the academy has been held 24 times and approximately 900 persons have attended. Currently held at the Ezell Hester Community Center (in a minority community), the hopes have been to attract members of the minority community to attend, but there has not been much interest according to Community Education personnel. Organizers feel there may be too much concern among residents that anyone who attends may be too close to the police. Reportedly, the Chief makes a serious effort to market the academy to minority group leaders, but even many of them-who signed up-- failed to attend. The unit staff has expressed an interest in putting on a juvenile police academy in the summer of 2006. Other unit activities include handling all Crime Prevention Though Environmental Design (CPTED) requests for the city, as well as compilation of reports relative to impact on police services. The unit staff conducts business and residential crime prevention surveys and makes target hardening recommendations upon request. Recommendations: 1. Recognizing that the department has made frequent efforts to bring members of the minority community into the various volunteer programs, Neighborhood Watch, and the Citizen's Police Academy, the effort must continue and be strengthened. Every community in the city needs to be involved in these initiatives. There can be no community engagement and community policing when significant portions of the community are missing from the mix. If the department's push to generate interest in certain communities is not successful, it should solicit the support of those who are recognized in those communities. That may mean getting city officials, the clergy and other minority community leaders involved in a campaign to promote community-police dialogue and partnership. 2. The idea of holding a Juvenile Police Academy is an excellent one. As noted in the "Public Perceptions" section of this report, minority juveniles have little trust in the The Police Executive Research Forum 95 Management Study of the Boynton Beach Police Department police. Bringing them into an environment where contact with the police is collegial rather than confrontational could go a long way in bringing these two groups closer together. 3. The current staffing of two officers to Community Education and a third assigned to PAL is sufficient. There are times when community meetings and working with juveniles requires additional sworn assistance, but greater community interaction benefits result when that assistance is provided by the patrol officers who regularly work the areas involved. Traffic Unit The Traffic Unit is organizationally situated under the patrol administrative lieutenant who answers directly to the major of Uniform Services. This change has just recently taken place- prior to the change traffic answered directly to the Uniform Services major. The Traffic Unit is supervised by a sergeant, with a current compliment of six sworn officers and seven civilian Community Service Officers (CSOs). Having a total authorized strength of 15, the unit is operating with one vacant sworn position. Currently filled positions include, one sergeant who is the unit supervisor, two DUI enforcement officers, four motorcycle officers (only three positions are presently filled), one aggressive driver enforcement officer (which is grant funded) and seven CSO traffic crash investigators, (however, one was in the academy at the time of this report). The supervisor has responsibility for the coordination and direction of the various functions that are carried within the entire unit. Currently the traffic unit is located in a very small office only large enough for about four people. It is not ideal for a unit of this size and work cannot be accomplished without interruptions. Deployment decisions are driven primarily by complaints generated from the public. Currently there is not a strategic work plan designed specifically to reduce accidents. The supervisor works a four, ten-hour day schedule with Friday, Saturday and Sunday off. When he is not available, the traffic officers and CSOs rely on the patrol supervisors and commanders for supervision and direction. The Police Executive Research Forum 96 Management Study of the Boynton Beach Police Department Training Duties The sergeant assists with In-Service Training through the monthly preparation of questions relative to the department's Index Codes and Standard Operating Procedures. These questions are then approved and used to meet In-Service requirements of the Police Law Institute. This is a duty this sergeant retained when transferred from the position of Administrative Sergeant to the Uniform Services Major. Aggressive Driving Enforcement Officer This is a state grant funded position and is deployed in an unmarked Mustang Cobra. Work hours are Monday -Thursday day shift (6:00AM-4:00PM) with Friday, Saturday and Sunday off. The primary purpose of this position is rush hour traffic enforcement, handling of school zone speeding complaints, 195 team enforcement in conjunction with the Palm Beach County Sheriff's Office, assistance in DUI enforcement, and other specific traffic complaints as may be registered by the public. The officer is a trained traffic enforcement specialist and a traffic homicide investigator. Rush hour traffic demands are the primary determinant of the days and hours worked by this officer. Workload statistics for the unit, as a whole, are addressed later in this section of the report, but this position accounted for a combined 730 citations, warnings, parking tickets, 66 arrests, and 63 accidents reports (eight being fatal). Motorcycle traffic enforcement There are four motorcycle officer positions funded in the budget, but the unit currently has three assigned. Motorcycle officers also work a four-day/ten-hour schedule with three days off. The officers are deployed Monday through Friday. There is no motor coverage on Saturday or Sunday unless there is a special event (e.g. escort, parade, city arts festival, etc.). Their primary duties are traffic enforcement and to address specific traffic complaints lodged by the public. They also respond to crash investigations if there is not a CSO in service. The motorcycle officers receive training through Florida Atlantic University 40-hour motorcycle officer course, and are also trained in crash investigations. All three of the currently assigned officers are The Police Executive Research Forum 97 Management Study of the Boynton Beach Police Department Traffic Homicide Investigators and were trained at the Institute of Police Traffic Management at Jacksonville University. The call out policy for Traffic Homicide Investigation allows for only 1 investigator to be called out regardless of the severity of the accident or the complexity of the accident scene. Patrol officers may be required to remain on the scene to assist, but their call load does not diminish when tied up on an accident scene. Accidents with serious injury or death tend to be very time-consuming and require significant field time at the accident scene. There is an average of six of these crash call-out situations per year that involve overtime. DUI Enforcement There currently are two DUI enforcement specialists who work from 6:00PM-4:00AM providing seven-day per week coverage. They have one overlap day. Their duties include specifically targeting drunk drivers and reducing the number ofDUI related crashes. They have responsibility for DUI checkpoints which are carried out in four-hour blocks, once a quarter, with the multi-agency task force. They regularly patrol DUI Crash areas, which are determined through statistical analysis and they also are involved in DUI Prevention Events that total 3-4 per year. The state grant position requires reporting of statistical information once a quarter. Their training includes traffic enforcement and crash investigation, a 40-hour DUI Enforcement School and a 40-hour Breathalyzer School, as well. One of the officers is a trained Traffic Homicide Investigator. Though the DUI officer will respond to calls for service when needed, their first priority is to seek out DUI divers. It is important to recognize that these kinds of arrests take considerable time to handle. When an accident or jail transport is involved it can consume three to five hours or more. The following table depicts the enforcement activities reported by the two DUI enforcement specialists for the last two full years and for the first four months of 2006. DUI Enforcement Activities 2004 2005 2006 (Jan - April) Accident Investigation - DUI Related 22 25 15 Accident with Injury Investigation 16 13 1 The Police Executive Research Forum 98 Management Study of the Boynton Beach Police Department DUI Related Accident with Fatality Investigation 0 3 1 DUI Related DUI Traffic Stops ] 73 89 25 Community Service Officer/Crash Investigations There are currently six Community Service Officers (CSOs) trained and on active duty and one is in the CSO Academy being trained. These non-sworn employees are trained to handle traffic crash investigations and have primary responsibility to investigate all minor accidents, provide motorist assistance, handle abandoned vehicles, assist with traffic direction and control, and to assist at traffic homicide investigation scenes. They are also called upon to assist the fire department with traffic on fire scenes. It was estimated that they receive anywhere from 3-20 calls, but on a typical day they average around seven calls per day. CSOs are deployed seven days a week, providing coverage from 7:00AM-l 0:00PM. The CSOs also work a four-day/ten- hour work schedule, with 3 days off. There is no formal field training program that documents successes, deficiencies, and solo- readiness for the CSOs as the FTO program does for officers, but they do ride with an experienced CSO trainer until they are deemed to be ready for solo work. From all accounts, the CSOs have a positive relationship with the sworn officers of the department. Reportedly, the CSO complement is rarely, if ever, fully staffed because the position is a stepping-stone to becoming a sworn officer. They receive six weeks of Police Service Aid training at the Broward Community College Criminal Justice Academy, but receive little or no training thereafter. Some of those who prefer to remain CSOs have expressed a desire to be trained as Traffic Homicide Investigators. Unit Workload In addition to the duties and tasks-as identified above-that are unique to the various assignments within the unit, the unit-wide workload statistics in the table below, are reported on a monthly basis by the supervisor in a manually generated document. The Police Executive Research Forum 99 Management Study of the Boynton Beach Police Department Year Citations Warnings Parking Accidents Arrests Tickets Investigated 2004 8460 274 244 2304 807 2005 7044 60 256 2091 531 When analyzing the data in the former table, it must be remembered that accident investigations could have been handled by any unit officer or CSO (15 total), while other activities reported in the table would have been limited to the six sworn officers. The decline in activity in 2005 has largely to do with the shortage of three officers for most of the year. As such, the following statements depict the average activity per officer or CSO for 2005. Clearly some officers were responsible for more activity and others less, partly because of the nature of their individual assignments. . Each officer wrote an average of 1,174 citations during the year. . Each officer wrote an average of 10 warnings during the year. . Each officer wrote an average of 43 parking tickets during the year. . Each officer made an average of 89 physical arrests during the year. . Each officer and CSO handled an average of 160 traffic crash reports during the year. Assuming that senior officers (which most specialty officers are) work approximately 155 days a year, this equates to typical officer activity as follows: . 8 citations written per day, · 1 warning written every four days, . I parking ticket issued every four days, · 1 physical arrest made every other day, and · 1 traffic accident handled per day. The Police Executive Research Forum 100 Management Study of the Boynton Beach Police Department Recommendations I. The office space occupied by the traffic unit is inadequate for the needs of a workgroup this large. As is noted throughout this report, the city needs to consider the long range facility needs of the department. Cramped quarters now will worsen as workload and authorized strength increases. 2. With an average of only six traffic homicide call-outs per year, the department's policy should be modified to permit the call out of a secol)d investigator when, in the patrol supervisor's judgment, the scene is complex and justifies two investigators. 3. The work of this unit spans 21 hours a day-from early in the morning to cover rush hour to almost morning when DUI offences are anticipated. The lone traffic supervisor should maintain a more flexible schedule to permit greater contact with all the officers working different hours, as their specialty dictates. Working straight days does not provide supervision and guidance to all members of the unit. Understandably, a single sergeant cannot cover all shifts and all days, but a mix of hours would be an improvement. 4. Currently most deployment decisions are dictated by citizen complaints, rush hour traffic, and officer perception of high risk locations. Though the later can prove to have merit, the department should utilize the best data in the development of its traffic enforcement strategies. Thorough analysis of crash data by location, dangerous intersection data, violation location data and other such input should drive the hours, days, and locations of traffic unit deployment. Information of this type is readily available from highway engineers as well as the department's own CAD data. Responding to the most recognized traffic threats permits the department to establish realistic reduction goals with measurable objectives. 5. The CSO program is a valuable tool that provides a cost-effective alternative to tying up an officer at minor crash scenes. However, there may be other opportunities to use CSOs that have not been fully explored. For example, many police departments employ The Police Executive Research Forum 101 Management Study of the Boynton Beach Police Department telephone reporting for certain police reports that do not require an officer's response. In much the same way, the department could dispatch a properly trained CSO to calls where a non-complex report is needed, but the call taker determines that the call is cold, and no evidence or suspect is present (such as a stolen bicycle report, or a recovered property report). Not only can this save the city money, it enriches the job of the CSOs, it offers added experience to those CSOs who do want to become officers, and in busy periods it can provide a timely police response when otherwise an officer could not respond for some time. 6. Identifying the proper staffing level for the Traffic Unit in any police department can be difficult because so little of their work is reactive in the typical sense. That is, they do "react" to problem locations, citizen or community complaints, and occasionally the request of a political figure on behalf of his/her constituents. One can always make the argument that more officers will net more arrests (or traffic tickets). Eventually, enough police saturation makes the locale unsafe for violators (speeders, red light runners, etc.) and the number of violations goes down. Often the cost of this level of enforcement outweighs the results. Without argument, filling the vacant motorcycle officer position could bring overall enforcement productivity back up to 2004 levels, and the department should refill this position when sufficient new recruits are cut loose to work solo. Adding additional staff to the unit is not a priority at the present time. Once the unit identifies formal traffic enforcement priorities and strategically establishes goals, the issue of additional staffing could be more meaningfully addressed. The Police Executive Research Forum 102 Management Study of the Boynton Beach Police Department SWAT The department operates a Special Weapons and Tactics (SWAT) Team as a collateral duty. The team consists of 1 8 police members and three firefighters who are Emergency Medical Technicians as well as sworn police officials. Members under the rank of lieutenant, who have consistently good performance evaluations and three years with the department, are eligible to apply when vacancies exist. The application process is handled in accordance with departmental policy, including an oral interview and performance in practical scenarios. Other than the SWAT Team commander, who is a patrol sergeant, rank (supervisory status) is not recognized in the unit. There are, however, two internal team leaders; one heads the entry team, the other the sniper team. Training consists of issued and special weapons and tools, specialized vehicle operation, team tactics and operations, first aid, and legal considerations. Each year, the team undergoes a full week of SW A T training which may include participation in national SWAT competition. Then, throughout the year, SWAT in-service training consists of one day a month of tactics, plus four hours ofweapons/range training. Designated snipers must train an extra four hours each month. . It was reported that training for the SWAT Team involved reassignment and schedule changes thereby not resulting in overtime. Training is sometimes conducted at the Sheriff's Office facility. Continued proficiency and physical fitness are required to remain on the team. Typical uses for the team are high-risk entries, search warrants, barricade and hostage situations, and any other high-liability incident that would benefit from a planned, deliberate approach rather than an immediate patrol reaction. When a situation calls for SWAT response, team members are paged. The decision to deploy is left to the appropriate Watch Commander on duty. Since SWAT operates as a single team, all members are paged. Most, but not all team members have been issued take-home cars. For those who do not have cars, call-out can prove to be difficult. If not working, they must respond to their homes or to the armory to collect their equipment, then to the department for transportation to the assembly point or incident scene. Those who are issued cars, respond, as directed. The Police Executive Research Forum 103 Management Study of the Boynton Beach Police Department It was reported that there have been rare instances in which SWAT officers were working their regular patrol assignment when a response page was issued, and street strength was already at a low level. When this happens, the SWAT operation take precedence, and off-duty officers can be called back on overtime to back-fill patrol needs. Though not a regular condition, this can happen whenever a special service is handled as a collateral duty. The fact that there are 18 officers on the team should not be a major concern. Though each SWAT callout incident is well documented and reviewed for tactical assessment, there are no records maintained that document the frequency or number of callouts, the number of officers called back, etc. However, departmental overtime records show that in 2005, IOdates reflect blocks of overtime related to SWAT call-back. In total, 433.5 hours of overtime were charged to SWAT call-backs. This is consistent with estimates given by the sergeant: 2-4 search warrant assists a month (these may not entail overtime) and 5-8 callouts a year. The SWAT Team is well equipped and there are no complaints about weapons, tools, or gear, other than the suggestion that a much higher level of officer safety could be achieved if the team had an armored personnel carrier to effect better protected entries into "Hot Zones" (those areas within the inner perimeter that pose the risk to officer when they have limited cover and concealment). Recommendations: 1. The SWAT team relies on getting its members to call-outs without delay. Participation in this collateral duty should be among the criteria for a take-home vehicle, as recommended in the budget component of this report. 2. The cost of an armored personnel carrier is high and not easily absorbed in any single budget year, but it is a reasonable request that offers significant extra protection to team members who are operating in a high-risk environment. The department currently prepares for vehicle replacement by adding funds, annually, for the future replacement of every vehicle in the fleet. Recognizing the need to plan for this vehicle in the future, The Police Executive Research Forum 104 Management Study of the Boynton Beach Police Department consideration should be given to creating an acquisition fund for an armored personnel carrier, and making annual contributions toward its eventual purchase. The Police Executive Research Forum 105 Management Study of the Boynton Beach Police Department Support Services Support Services is headed by a major who answers directly to the chief of police. The Major is afforded assistance by one civilian administrative secretary and has direct oversight of five sergeants. There are no lieutenants in Support Services. The sub-components (specialties) within Support Services are: 1. Crimes Against Persons and Property Sub-units: Special Victims' Unit (aka DC F) Economic Crimes East General Assignment (Zones 1-5) West General Assignment (Zones 6- 10) 2. Criminal Intelligence (Crime) Analysis 3. Crime Scene Unit 4. Vice Unit 5. Victim Advocate 6. RecordlEvidence The section is home to 7 civilian employees and 19 sworn officers, excluding the major. Management responsibilities are divided between one first-sergeant and three sergeants, all of whom report directly to the major. Overall, staffing in the section has declined from 1982 levels when the Crimes Against Persons and Property component employed 16 investigators. Currently, the component has 10 investigators. The span of control for the investigative sergeants currently falls under the following configuration: First Sergeant 3 investigators - East General Assignment 3 civilians - Crime Scene Unit Sergeant 3 investigators - West General Assignment I investigator - Economic Crimes (also part-time West General Assignment) The Police Executive Research Forum 106 Management Study of the Boynton Beach Police Department Sergeant I detective - Special Victims' Unit 2 investigators - Special Victims' Unit ] civilian - Criminal Intelligence Analysis ] civilian - Victim Advocate Sergeant 4 investigator/agents - Vice Unit Investigations Investigator Deployment and Case Responsibilities In the Crimes Against Persons and Property component, investigators have either specific geographic or crime type responsibilities, which govern the bulk of their respective caseload assignments. General Assignment investigators focus their respective efforts either East or West of Interstate 95 and each have specific responsibilities for one to three policing zones in the East or West sectors. General assignment investigators are directly responsible for investigations into all UCR Index crimes except for designated offenses against children, elderly, and specific sexual offenses. This delineation is, however, not absolute. General assignment investigators undertake investigations into all offenses, depending on the availability of Special Victims' Unit investigators. Two investigators are generally responsible for all investigations occurring in Zones 1-3 and one will have responsibility for investigations in Zones 4-5. Zones 1-5 are situated East ofI-95. On the west side, two investigators will handle the investigations occurring in policing Zones 6-8, while one will have responsibilities over Zones 9-10. One additional investigator will assist in West-Sector investigations (Zones 6- 10) but has specific investigative responsibilities for aH economic crimes (fraud, identity theft) that occur throughout the city. Three investigators are assigned to deal with special victims issues (children, elderly, domestic violence, adult rape, and child sexual abuse) as members of the Special Victims' Unit. One of the The Police Executive Research Forum 107 Management Study of the Boynton Beach Police Department investigators tends to focus more generally on internet crimes against children. Of the remaining two investigators, one currently receives the bulk of the incoming cases while a recently assigned investigator receives training in special victims' investigations. The new investigator is expected to assume a larger caseload in time. All general assignment and SVU investigators submit to a rotating call-out protocol, covering non regular duty hours and weekends. When on call-out status, the investigator will accept and be responsible for the completion of all cases acquired in the period they cover except for some homicide cases. A consensus view within investigations is that the current investigative load and complexity of cases support the need to return to a specialized deployment structure, separating investigative responsibilities into four distinct categories: Crimes Against Persons, Crimes Against Property, Fraud and Identity Theft, and Special Victims' Unit. Investigative Services had moved from the specialty-function configuration to the current general alignment several years ago under the previous administration to address investigative staffing reductions. The members of the Vice Unit focus predominantly on: narcotics investigations, which reportedly consumes approximately 60% of their time; prostitution offenses which consumes 25% of their time; and, on gamblingIFDA-Regulatorylbeverage/c1ubs offenses which takes approximately 15% of the time. For the past three years, the Vice Unit was staffed by only a sergeant and one investigator/agent. In late March 2006, three additional investigator/agents were added to the unit. Members of the vice unit are deployed city-wide, except for one of the investigator/agents who is assigned to the Palm Beach Sheriff's Office in a county-wide narcotics investigation. The Boynton Beach Vice Unit is not currently involved in any county, state or federal narcotics or gambling task forces. Investigator and Investigative Supervisor Shift Scheduling The current schedule provides coverage by investigators from 7:00 am to 11 :00 pm Monday to Friday. Investigators work four 1 O-hour shifts each week in either one of two shift arrangements: days (7:00 am to 5:00 pm) or evenings (l :00 pm to 11 :00 pm). Each investigator will rotate The Police Executive Research Forum 108 Management Study of the Boynton Beach Police Department through a weekly call-out arrangement to cover the weekday hours of 1 1 :00 pm to 7:00 am and one weekend. Monday to Friday shifts are arranged so that at least one investigator is available and on duty during the evening. Sergeants schedule their own coverage between 7:00 am and 11 :00 pm on weekdays. The East sergeant works five 8-hour days Monday to Friday and the West and SVU sergeants work four 1 O-hour shifts. As with the investigators, the sergeants rotate call-out responsibilities for nights and weekends. The Vice Unit sergeant adjusts his hours according to the needs of ongoing investigations. Under the current alignment, the Vice Unit does not provide investigators or its supervisor for general assignment investigations. The unit does not contribute personnel to the rotating call-out arrangement. General Investigative Workload Indicators In contrast to workload measurements for patrol officers, where workload summaries are more detailed and specific - even down to measures of activities in minutes, investigative workload indicators tend to be more abstract. These measures rely on overall measures of output, or caseload per investigator, and case closure rates. But these caseload measures, alone, do not tell the full story. Some cases are more involved than others to reach conclusion. They require additional time to draw statements from reluctant witnesses or employing specific activities like running surveillance operations or engaging informants. Still other cases may require only limited efforts like a follow-up call to the victim to see if additional information is available before deciding whether to conclude a case. As such, one case may have taxed the efforts of an investigator significantly more than another investigator who might have had responsibility over several cases. Case load is, therefore, only one measure that is in need of supporting efforts to assure its validity. The Police Executive Research Forum 109 Management Study of the Boynton Beach Police Department What is important to determine is the efforts that go into ensuring the cases that are assigned to each investigator are worthy of their attention. This process of case triage helps to validate overall case load measures. Investigative supervisors review all incidents to determine whether a case will move forward to investigation. They assess all open cases and will assign a case to an investigator based on seriousness, value of loss and the presence of solvability factors. As a general rule, investigative supervisors with the Boynton Beach Police Department will assign all UCR Part I crimes, crimes involving property of a value over $3000, and crimes where a witness, suspect or other evidence may be present. Under this procedure, investigators will be assigned to most house burglaries, all assaults and aggravated batteries, all robberies, and thefts involving property over a value of $3000 - even if no witnesses and/or other evidence are present. Auto thefts are not investigated unless a witness or other evidence is present. Investigators will also be assigned to follow-up on cases where a patrol officer has arrested and/or charged persons for serious offenses such as assault, burglary, sex crimes, and auto theft. Under these assessment conditions, each investigator can receive as many as three new cases on some work days and additional cases in call-out periods. Where an investigator is assigned primary responsibility on a serious case such as an aggravated battery or homicide, the supervisors will refrain from assigning new cases to that investigator for approximately two weeks, or until all leads in the more serious case have been exhausted. Investigators consistently advised that they will carry approximately 10- 1 5 open cases at a time under ideal staffing conditions. Under conditions where staffing is limited, the open caseload per officer may increase to 20-25 cases per available officer. In addition to general case assignments, each investigator will assume primary responsibility over special victims' crimes if the case occurs during their respective call-out times. In most cases, the investigator will conclude the case in consultation with a member of the Special Victims' Unit and the Department of Children and Families (DCF). The Police Executive Research Forum 1 10 Management Study of the Boynton Beach Police Department In homicide cases, the supervisors tend to assign the cases to the more experienced investigators, with one investigator acting as a primary and another as a secondary. Under the current deployment structure, then, a general assignment investigator can carry a varied caseload of property and persons crimes. Where possible, cases specific to special victims and economic crimes will be assigned to specialist investigators. The Special Victims' Unit (SVU) has recently been augmented with two investigators, one starting in August 2005, and a second investigator who stared in the unit in March 2006. Economic crimes such as fraud and identity theft are typically assigned to one investigator who has developed specific expertise in this area. Data were provided in varying formats to assess investigator caseload. A review and assessment of the data revealed that the most instructive means would be to assess the caseload of investigators in accordance with their primary responsibilities and over an entire year. Caseloads are, therefore, displayed for investigators working in the following four groups: SVU, Economic, General Assignment East, and General Assignment West. Case load summaries were provided via the in-house case management system - QED or CrimeWeb. The caseload summaries each identified the case number, the case type, a descriptive title, case status, and the case initiation date. The most usable data for this analysis were provided over the period of April 2005 to April 2006 for each investigator assigned to the Investigative Services Section. Under the CrimeWeb system, case type falls under one of four general categories: SVU, Property, Persons, and Standard. While the first three categories are self evident in terms of what crimes they respectively represent, the case type "Standard" is unfortunately inherently ambiguous. This category includes all case types including some persons, property, and SVU reports that are not added to the separate persons, property or SVU categories. It is therefore important to note that the persons, property and SVU groups do not include all reports of those crime types. However, there is no apparent double counting - a case report appears in only one The Police Executive Research Forum ] 1 1 Management Study of the Boynton Beach Police Department of the four categories. A "persons" report found in the Standard data is not also in the "Persons" data. The following table depicts the respective caseload for investigators from April 2005 to April 2006, including a breakdown of overall case status by work area. The Police Executive Research Forum ]]2 Management Study of the Boynton Beach Police Department Unit or Area West Zones 6-10 Unit or Area East Zones 1-5 Staff 3 Detectives Type SVU Property Persons Standard Totals % of Total Cases Staff 3 Detectives Type SVU Property Persons Standard Totals % of Total Cases ~J!::~<: .'~;:" >~~"::~'~'~:;/' ~. "~~~" ' " -~_~~:""~_~d .h ~~~~..;.L""""riJ..;,.:~~:.:.(",..::;._"., _.~~JzA _ ",~"""->.l~~..'i"""-"",,,..,, :-<,-__~;.i;: ,,:,~..:: ~ '" __ _~ Active Inactive Unf Closed ArrlWarr Ex Total 1 0 1 14 6 1 23 0 2 0 1 0 0 3 0 4 0 1 0 0 5 24 113 1 44 43 3 228 25 119 2 60 49 4 259 10% 46% 1% 23% 19% 2% 100% Active Inactive Unf Closed ArrlWarr Ex Total 2 5 2 34 4 2 49 0 3 0 1 0 0 4 0 0 0 4 2 0 6 17 94 3 65 27 2 208 19 102 5 104 33 4 267 7% 38% 2% 39% 12% 1% 100% What the annual summary indicates at a preliminary level is that each investigator is responsible for an average of 80 to 103 cases over a period of one year. This is a summary of cases where a Unit or Area Staff DCF 3 Detectives Type Active Inactive Unf Closed ArrlWarr Ex Total SVU 13 5 15 28 14 0 75 Property 0 4 0 1 0 0 5 Persons 1 0 0 2 0 0 3 Standard 1 48 5 34 14 1 103 Totals 15 57 20 65 28 1 186 % of Total Cases 8% 31% 11% 35% 15% 1% 100% Staff 1 Detective* Type Active Inactive Unf Closed A rrlWarr Ex Total SVU 0 2 0 1 1 0 4 Property 1 1 0 0 1 0 3 Persons 0 1 0 0 1 0 2 Standard 9 38 0 25 21 1 94 Totals 10 42 0 26 24 1 103 % of Total Cases 10% 41% 0% 25% 23% 1% 100% *Also Assigned to West Boynton Zones 6-10 The Police Executive Research Forum 113 Management Study of the Boynton Beach Police Department specific case number is registered in the case management system. There are, however, some cases assigned to each investigator where a case number is not assigned, but which still require investigative effort. Many of these cases relate to sensitive issues that come from the chief's office or through other sources. Interviews with investigators indicate that non-registered cases typically are up to one-third of their total case load. What is immediately apparent is that the investigator overseeing economic crimes, while carrying double duty with general investigations for the zones west ofI-95 and all economic crimes, is overwhelmed with cases. This finding is consistent with the observations of the supervisors in the unit. A separate set of data that outlines the potential for increased annual intake ofDCF cases. The data reveals that approximately 560 new DCF cases were initiated in 2005. This number was not all handled by DCF investigators. Other data suggests that about 186 per year may be closer to the number assigned DCF investigators; the rest being handled by other investigators and even patrol officers. We cannot determine the exact proportion of the involvement of general assignment detectives in SVU-specific cases because of the ambiguity involved through the use of the' Standard' category. But these indicators suggest that the investigators assigned to the Special Victims' Unit could become potentially overwhelmed with new cases given the complexity and time-consuming nature of these investigations. The level of active cases across the four separate work areas remains consistent within a range of 7% to 10%. Approximately 30% - 45% of all cases are listed as inactive. Cases that fall into the 'Inactive' category are generally cases that are determined to have no further leads because of an absence of evidence, such as the lack of forensics, absence of witnesses, or even reluctant witnesses. While not a direct indicator of workload, a higher rate of inactive cases can point to conditions where investigators are less likely to follow tenuous leads in older cases when facing a continuous feed of fresh cases with more current leads. The low rate of cases designated as 'Exceptionally Cleared', which is consistent across the four separate work areas, suggests that the case management system is active and valid. The low rate The Police Executive Research Forum I 14 Management Study of the Boynton Beach Police Department indicates that the supervisors are consistently applying strict criteria under which cases can be concluded under this category. This case closure category has been abused in the past by law enforcement in general, where less-than-strict criteria were used to classify a case as 'Exceptionally Cleared.' Since the category is factored into overall case clearance rates, insufficient monitoring and inappropriate classifications of cases into this category would typically boost the case clearance rates. The low rate of Exceptionally Cleared cases in this analysis indicates this tendency is actively held in check through the Investigative Services Section's case management processes. Case Management Section supervisors monitor all case activity through the CaseWeb or QED system. All investigative supplements are automatically returned to the appropriate supervisor for review under one of three main categories: Case Assignment, Waiting To Be Approved, or Missing Cases. A case status can only be changed by the sergeant on the basis of the recommendation of the investigator and the supervisor's own review of the case report. As a general rule, the supervisors expect to see the investigator's first supplemental report within 48 hours of receipt of the case. Under the 'Case Assignment' category, each supervisor is able to track the status of each case and to review all investigative activity. In the event a case languishes and computer inquiries reveal little investigative activity, each supervisor will address the issue with the respective investigator. In major cases, the level of involvement and interest will include the attention of the Major and case management will become a broader process of resource allocation, strategic case development, and intensive activity review. Case Clearances Case clearance rates consider three case closure categories: Arrest or Warrant, Exceptionally Cleared, and Unfounded. The most recent national data (2004 UCR)7 indicate the following national clearance averages: Murder 62.6% 7 Crime in the United States: 2004 Uniform Crime Reports, Federal Bureau of Investigation, Washington, DC, 2004, p. 264. The Police Executive Research Forum ]15 Management Study of the Boynton Beach Police Department Aggravated Assault 55.6% Forcible Rape 41.8% Robbery 26.2% Larceny- Theft 18.3% Motor VehicIe Theft 13.6% Burglary 12.9% The national data only serves as a marginal benchmark since it computes the clearances across a wide variety of jurisdictions, events, and capabilities. It is instructive nonetheless to review local clearance rates against the national data for basic comparative purposes. As a result, the 2004 and 2005 clearance rates for the Boynton Beach Police Department are provided as follows: The Police Executive Research Forum 116 Management Study of the Boynton Beach Police Department Crime Type Total Arrest or Exceptionally Unfounded Total % Cleared Cases Warrant Cleared Cleared Homicide 6 3 0 0 3 50% Sex Offense 21 3 2 0 5 24% Robbery 213 40 3 0 43 20% Assault 857 177 5 0 182 21% Burglary 1703 78 5 0 83 5% Larceny 2232 547 3 5 555 25% Auto Theft 426 13 2 0 15 4% 2004 Index Crime Clearance Rates Clearance Type Total 5458 861 20 5 886 16% Total Active or Inactive Cases for 2004 % Total Active, Closed or Inactive Cases - 2004 4572 84% Crime Type Total Arrest or Exceptionally Unfounded Total % Cleared Cases Warrant Cleared Cleared Homicide 4 4 0 0 4 100% Sex Offense 13 5 0 4 9 69% Robbery 150 30 1 0 31 21% Assault 643 171 2 1 174 27% Burglary 1395 89 1 1 91 7% Larceny 1756 478 3 0 481 27% Auto Theft 318 19 1 0 20 6% 2005 Index Crime Clearance Rates Clearance Type Total 4279 796 8 6 810 19% Total Active or Inactive Cases for 2005 % Total Active, Closed or Inactive Cases - 2005 3469 81% The above data reflect the total case clearance output of the Boynton Beach Police Department, including cases concluded by both investigative and patrol personnel. The following tables display case clearance activity specific to the personnel in the Investigative Services Section. Because of data coordination limitations, the period under review is again April 2005 - April 2006, under the four crime classifications or report types of SVU, Property, Persons, and Standard. The Police Executive Research Forum 117 Management Study of the Boynton Beach Police Department Clearance Rates By Work Area and Report Type April 2004 - April 2005 Clearance Type Arrest Exceptionally Unfounded or Cleared Area Report Type Total Cases Warrant % Cleared DCF SVU 75 14 0 15 39% 5 0 0 0 0% 3 0 0 0 0% 103 14 1 5 27% Economic SVU 4 1 0 0 1% 3 1 0 0 1% 2 1 0 0 1% 94 21 1 0 29% West SVU 23 6 1 1 11% 3 0 0 0 0% 5 0 0 0 0% 228 43 3 1 63% East SVU 49 4 2 2 11% Property 4 0 0 0 0% Persons 6 0 0 0 0% Standard 208 27 2 3 43% Total 267 31 4 5 15% Of the overall 8 15 cases handled by the investigators, case clearances ranged from 15% to 26% across all reporting categories. Because ofthe current case classification process used under the QED system, it is difficult to identifY specific crime clearance rates. However, some preliminary conclusions can be drawn from the data. The general assignment investigators have high clearance rates in the 'Standard' category, 43% and 63% respectively for The Police Executive Research Forum ] ] 8 Management Study of the Boynton Beach Police Department East and West. Similarly, the members of the Special Victims' Unit cleared a high number of cases specific to their area of responsibility if we assume that a number of additional SVU cases are found within the 103 cases designated as 'Standard.' The economic crimes investigator enjoys a high overall clearance rate despite his high workload and the inherent difficulties in bringing fraud cases to prosecution. Since the overall caseload also falls within the ambiguous category of "Standard' it is assumed that many of the fraud cases fall under that category. In the end, and as expected, the Investigative Services Section personnel are responsible for a high number of cases, many of which require an extensive amount of effort given the section's practices in assigning cases to investigators. Notwithstanding this workload, the section has a higher overall case clearance rate than the department as a whole. The criteria used to triage cases for further investigation may have to become more selective in the future if the number of incoming cases increases as the area population rises. Recommendations: I. The current organizational structure as it relates to the division of responsibilities for the sergeants and general assignment investigators is appropriate given the size of the city and the department's commitment to community policing practices. The department should continue to divide general investigative responsibilities along policing zone alignments, which allows investigators to become intimately familiar with specific neighborhood conditions, issues, and crime patterns. Additionally, active criminals are more readily identified and associated to particular neighborhoods through this form of deployment. A later analysis of workload will reveal that much of the investigative workload is community-centric, i.e., burglaries and larcenies. There is a higher likelihood for success for closure of these investigations with the current form of deployment. Moreover it is consistent with the geographic accountability model recommended for patro I. The Police Executive Research Forum 1 19 Management Study of the Boynton Beach Police Department 2. The current schedule also provides the optimum level of coverage for the number of available investigators and supervisors. At the time of this review, there were no investigators off on sick leave, military leave, training, or any other long-term outside deployment. As such, under these conditions, coverage from 7:00 am to 11 :00 pm on weekdays is assured. However, the loss of one or two investigators to sickness or any other long-term issue would seriously impact the Section's ability to provide coverage at the current level and would result in periods where an investigator is not available over the standard weekday commitment. 3. The workload (case load) data provided by the unit may not, in itself, fully document the work of the investigators. It was reported to PERF that up to one-third of an investigator's case load may be composed of cases not formally recorded. Also some investigations are serious and can be much more complex and time-consuming than others. For example, in 2005, four murders, 13 sex offences and 150 robberies were reported. Understandably, they can be expected to take more time to investigate than most crimes against property. But if the total time of four investigators was dedicated just to these 167 serious crime investigations, that would leave the equivalent of six investigators to work the remaining 658 cases. That, then, would be about 15 cases per investigator per month (including an increment for unrecorded cases), which is typical for general assignment investigators. This would suggest the current group of ten investigators is currently working at capacity. But it must be remembered that the ten investigators don't just divide up the caseload evenly. Cases are assigned by specialty (to the degree possible, as noted). When looking at caseload by specialty, · The three investigators in DCF each worked just over five recorded cases per month. · The Economic Crimes investigator worked almost nine recorded cases per month. · The six investigators in General Assignment, East and West worked just over seven recorded cases per month. Actual caseload may be higher depending on how many non-recorded cases are worked. The Police Executive Research Forum 120 Management Study of the Boynton Beach Police Department Before any additional staffing is added to the various investigative specialty areas, the section needs to better document the activities actually undertaken by its members. If cases are being worked, regardless of how the assignment reaches the unit, they need to be formally assigned and documented. Only then will there be sufficient data to justify staffing recommendations. 4. The department should consider relaxation of the assessment criteria for case assignments. Specifically, the current practice is to not assign any auto theft cases unless a fingerprint is evident, thereby removing the investigators from the information loop as it relates to stolen autos. Those who steal automobiles also become involved in other crimes and recovered autos often appear in the areas in which the perpetrators committed those other crimes. Important linkages might be missed if the supervisor or crime analysts do not see the recovered auto in context to other cases. The value of investigators having geographic assignments is only augmented when they have as much of the related crime information at hand, such as stolen/recovered automobiles. Similarly is the practice of assigning only property cases valued over $3,000. Under current staffing, this may be necessary, but with additional staff some of these investigations should be undertaken. 5. A lieutenant position should be added to the chain of command in the Investigative Services Section. The Major currently has five direct reports in this section and has additional responsibilities of critical case management and oversight of other components of the Support Services Division. A more appropriate alignment would allow for a lieutenant to oversee the daily investigative operations and to undertake strategic case management responsibilities for the more intensive and larger investigations. 6. Statistical and case review processes should be more standardized and training for all personnel should be revisited to allow for consistent extraction of relevant data. The current case management and records software package is complex and allows for searches along several paths. As such, the consistency of the extraction of data is subject to the technical skills of the operator. Supervisors should be able to see the same data The Police Executive Research Forum 121 Management Study of the Boynton Beach Police Department displayed in similar formats so that cross-functional data comparisons can be accurately made. Currently, each supervisor accesses data in different ways. 7. The current space for Support Services is at capacity and all available space has been utilized. The two interview rooms are adjacent to a main hallway and are not soundproof. Investigators already work in tight cubicles and there is little room in those areas to lay out the documents and case files as part of the investigative process. The department should consider expanding the current space before adding additional staff. Vice Unit This unit is staffed by a sergeant and four investigators. While it is attached to the Investigative Services Section and co-located with the other investigative units, the Vice Unit nonetheless is a semi-independent investigative function, operating outside of the general investigative framework. The unit's main effort is on street level narcotics, but secondary efforts include prostitution stings, gambling enforcement, Food and Drug Administration (FDA) regulatory enforcement (prescription drug trafficking), and enforcement of violations of beverage and tobacco regulations. Street-level drug arrests account for over 60 percent of the unit's time, with narcotics enforcement occurring through the use of confidential informants for purchases. Agents also employ the "Knock and Talk" method for drug seizures from homes. Search warrants are executed on locations where the investigators have verified drug trafficking activity through purchases by confidential informants. Narcotics enforcement activities can originate from citizen complaints through the anonymous crime information line. The unit receives approximately 5-7 anonymous complaints per week and of these new cases, approximately two of the 5 -7 cases will proved to be verified drug activity. The unit sergeant assesses each new case to determine the validity of the citizen claim of drug- related activity at a given location. Certain factors, such as numerous complainants for the same address, lend credence to the original allegation. The sergeant reports it is his experience that some citizen complaints arise from citizen misperceptions of activities at specific locations. This The Police Executive Research Forum 122 Management Study of the Boynton Beach Police Department is because there is an assumption that since some behavior is out of the ordinary it can be investigated as a Part I crime, or because a neighborhood dispute prompts a police response under the guise that drug activity is occurring at the home of one of the neighbors involved in the dispute. Thus, narcotics unit activities can be initiated from citizen suspicions of unusual behavior - both perceived and real, via complaints received by the department or through information acquired from a confidential informant. Prostitution stings-just now being started, again-are expected to consume approximately 25 percent of overall unit efforts, once they are underway. During the previous police administration, prostitution stings were discouraged so the predominant focus for the unit was almost exclusively narcotics. Now, however, there is a renewed focus on addressing prostitution- related offenses as adjacent cities become more successful in displacing street prostitution. There has been an increase in prostitution and associated drug activity as a result of the emigration of prostitutes from nearby jurisdictions to Boynton Beach. At the time ofthe last PERF visit to Boynton Beach, members of the Vice Unit and the Investigative Services Section were in the final preparations for the first significant prostitution sting in many years. The Vice Unit workload activity depicted in the following table was garnered from monthly summaries that are compiled by the sergeant and subsequently reported to the Major in charge of the Investigative Services Section. Month January February March April May June July August September October November December Totals Vice Unit Activity - 2005 Cases 17 14 14 13 29 23 17 20 4 8 19 17 195 ArrestslWarrants 5 3 7 3 9 7 1 4 o 8 o 1 48 Search Warrants 2 o 4 o 2 4 1 2 o 2 o 2 19 Felony Charges 3 2 2 1 2 6 1 2 o 4 o o 23 Misdemeanor 9 1 35 1 3 11 o 4 o 6 o 2 72 The Police Executive Research Forum 123 Management Study of the Boynton Beach Police Department Arrests/Cases Rate = 25% During 2005, only two individuals were assigned to the Vice Unit - one sergeant and one investigator, translating to approximately 92 cases per investigator. This case load is consistent with the other investigative units but likely does not reflect the extent of the narcotics and prostitution issues in the city. In addition to the charges and arrests, the unit seized 420 grams of cocaine, 38 pounds of marijuana, one vehicle, 4 weapons, and $] 4,145 in currency. The Vice Unit sergeant also serves as the informant control officer. All informants that are used by members of the Boynton Beach Police Department must be registered with the Vice Unit sergeant. Each potential informant's background is researched before the person is approved. All payments to informants are managed and recorded through the Vice Unit sergeant, who subsequently provides a monthly accounting of all informant monies paid. Under police department policy, informants are paid in the presence of two officers, usually the sergeant as one of the officers. Informant files are retained in a separately locked cabinet in the Vice Unit office with access to the files only by the sergeant or his designate. All informant activities are tracked and recorded on their individual files. Officers that employ informants are required to submit an approved informant activity report to the Vice Unit sergeant. The Vice Unit has not benefited from a wide exposure to local area task forces run at the local, state, and federal levels. The Vice Unit worked with a county task force 2 years previously but the task force was suspended when the grant ran out. There are attempts to resurrect the county task force without grant funding. Currently, one of the newly assigned investigator/agents is temporarily assigned to a county-wide narcotics investigation that partially impacts the city. Recommendations: 1. With the most recent addition of two investigators, staffing in this unit is now sufficient. As the newly assigned agents become fully trained, the police department should explore The Police Executive Research Forum 124 Management Study of the Boynton Beach Police Department participation in a county-level task force such as the Palm Beach Sheriff Office MAN Unit. With the increase in prostitution and related drug activities, the unit is now staffed and in a position to benefit from the broader resources and exposure available through a task force arrangement. Task force agreements allow cities to focus a more concentrated and extensive series of police resources on local narcotics trafficking enterprises. With a county-wide task force, the efforts are more integrative with adjoining communities so that displacement of these enterprises is less likely. 2. The Vice Unit and the CAT should become more attune to each others' operations. Both are focused on street-level drug activity. And, as the Vice Unit broadens its prostitution work, these two units may find themselves overlapping in "quality of life" issues. This is clearly a case where a synergistic relationship could result in far superior outcomes. Crime Analysis Crime analysis is a recent addition to the Investigative Service Section, with the current analyst assuming the new role approximately 10 months ago. The key responsibilities for the crime analyst include: . Maintaining the database and promoting information flow on sexual offenders living in the city . Coordinating the tracking of the sexual offenders with the responsible investigators . Uploading of sexual offender data to the FDLE . Running monthly statistics for the Major and the Chief . Miscellaneous information gathering and collation for investigators The analyst currently manages statistical data collection through Crime W eb and a variety of proprietary databases such as Excel and Access. For displays of crime activity, the analyst will rely on MAPPOINT software. At the same time, the analyst is developing competency in GIS mappmg. The analyst does not conduct any crime forecasting or predictive analysis, largely because there have been no specific requests for this function. The investigative sergeants periodically engage The Police Executive Research Forum 125 Management Study of the Boynton Beach Police Department the analyst to undertake a trend analysis when a series of crimes - particularly burglaries - suggest a developing trend or a serial offender. This process is, however, ad hoc and not formalized into a regular effort to spot trends at earlier stages. The Boynton Beach Police Department does not conduct a formal COMPST AT process at this time but the analyst is developing a skill set that will allow her to provide a weekly statistical and crime mapping review if the department decides to adopt some form of COMPST AT. Recommendations I. The current placement of the Crime Analyst should be reconsidered. As noted in the "organization" section of this report, the analyst is a vital position to both patrol and investigations and should be providing timely information to both. As such, the position would be better situated under the chief of police with responsibility to interact with patrol and investigative managers. 2. Given the high number of burglaries and auto thefts, the department should make greater use of the analyst's capabilities to offer trend and predictive analyses. The interrelationships of offenses such as auto thefts, burglaries, and street robberies can be identified and subsequently tracked. The end-product of a predictive analytical capacity is the development of a series of potential target areas where the next series of crimes are likely to occur, and a list of possible suspects. Both patrol and investigative resources can then be concentrated on focusing their finite resources on areas and individuals responsible for the bulk ofthe crime. The department currently produces crime analysis reports by district and by crime type. Maps are provided to assist with geographic interpretations of patterns. In a community problem solving approach, as is recommended above, analysis takes on an added importance. 3. Crime and problem analysis needs to assist in identifying "hot spots" from crime reports, calls for service, and self initiated activity data. Mapping should show, weekly, where activity is concentrated to assist managers exploring reasons why a location, block, or neighborhood is generating significant police attention. Increases in calls for services, The Police Executive Research Forum 126 Management Study of the Boynton Beach Police Department even without increases in reported crimes, may support the need for police to work with the community to solve minor problems and quality of life issues before they develop into larger-scale criminal problems. Crime analysis should include calls for service and self initiated activity (all known activity), which can help with both the analysis and assessment phases of community problem solving. Also, decreases in calls for service or in the "targets of opportunity" that can generate officer initiated activity may be indicators of the success of a problem solving effort. Information will need to be readily available to beat officers. To make the current schedule work with community problem solving, beat officers will need to know what happened in their beat during their off days. Summaries of calls for service, self initiated activities, and reported crimes should be accessible every two or three days to correspond with when officers return to duty. 3. Care should be taken to avoid use of the analyst as a gatherer of information. The true value of an analyst lies in the ability to draw out disparate bits of information from a variety of sources and establish the necessary connections between the information to specific criminal events. Properly engaged analysts are a valuable addition to any prevention and investigative effort. Crime Scene Unit The Crime Scene Unit is staffed with two civilian crime scene technicians, with two new technicians starting work in May 2006. The new technicians will undergo a minimum 12-week training program and they are not anticipated to be fully trained until September 2006. Current regular duty coverage by the members of the unit extends from 8:00 am to 10:00 pm Monday to Friday. The two trained technicians will cover the off-duty hours through a rotating week-long calI out schedule. On major cases, the unit will send two crime scene technicians to process the scene. The Police Executive Research Forum 127 Management Study of the Boynton Beach Police Department Members of the Crime Scene Unit conduct the following scene examinations: latent print examinations, crime scene mapping, digital photographing of scenes, blood spatter analysis, crime scene evidence seizure and document examinations. Members of the unit prepare latent diagrams for uploading to AFIS through the Palm Beach Sheriff's Office. Data provided through QED indicates that the three crime scene technicians have been responsible for processing a total of 809 crime scenes in the period from April 2005 to April 2006. The unit has three vehicles at its disposal: a crime scene van that is deployed to major scenes and two cars that are equipped for basic crime scene examinations. The van is not set up to process night crime scenes and is in need of a DC inverter to run spot and flood lights. In the course of a regular day's duty, however, the crime scene technicians will use one of the two cars rather than navigating the streets with the larger van. Recommendations: 1. Basic equipment issues for the efficient processing of all crime scenes should be addressed and rectified. At minimum, the major crime scene van should be appropriately provisioned to allow for the effective processing of day and night crime scenes, through all types of weather, and for both indoor and outdoor settings. Property & Evidence Section The Property & Evidence Section of the department is responsible for custodial security of all found property, seized property and criminal evidence for cases handled by the department's officers. This component is currently situated within the Support Services Bureau, under the supervision of a sergeant who reports directly to the Bureau Commander. This sergeant also supervises the department's Records Section; however, the assignment of the sergeant to this function is recent. For the previous several months, a lieutenant had been assigned direct supervisory responsibility for this function. Prior to the lieutenant being in charge, the evidence custodians answered to the Support Services Bureau Commander. The Police Executive Research Forum 128 Management Study of the Boynton Beach Police Department The section is further staffed by two Evidence Custodians, and one sworn officer who is officially titled the Asset Forfeiture Investigator. He handles all forfeiture cases but also assists in the evidence disposal and destruction process. The evidence custodians are responsible for cataloguing, storing, and tracking of all evidence seized by the police as well as other property that is entrusted to the police for safekeeping until disposition is determined. All three custodians work the day shift, five days a week, with weekends off. Someone is available for call back during evening, night and weekend hours should it become necessary. Until recently the management of this unit was uneven, at best. Not only was section supervision shifted around, it is reported that section employees historically did not attend any regular staff meetings within their chain of command. Direction was most often limited to the initiative of the subordinates when asked questions. Seized Property and Evidence Management Property and evidence is handled in accordance with the department's Index Codes (1201.3 Property and Release, 1203.3 Handling Physical Evidence, and 1204 Forfeiture of Property). The procedure for the submission of property or evidence is typical for police departments this size. During office hours an officer may come to the property window and request assistance with the submission of evidence. When the section is closed, officers are to package and submit the evidence through the evidence drop box just outside the property and evidence office. Once the officer has appropriately packaged the evidence he places a bar code sticker which is available at the Evidence Property Desk and then enters the number into the computer located at the desk. This "Quetel Bar Code program," allows the officer to enter the date, his name, the case number, and description of the item being logged in, along with other pertinent information about the case. This terminal does not allow officers to alter any other submissions although they may search via the terminal for evidence within the system. Once the officer logs in the information, he/she places the evidence into a keyed locker and then drops the key to the locker into a secure locked drop box for the custodians to retrieve the next workday morning. The Police Executive Research Forum 129 Management Study of the Boynton Beach Police Department Digital and Triple Beam Balance scales are provided for officers to weigh confiscated drug evidence. Biological evidence can be submitted and stored in two locked refrigerators also in the area of the Evidence Property Desk. If officers must use one of the refrigerators they are to secure the refrigerator and drop the key into the drop box just using the same procedure as with the lockers. Additionally, there are small, medium and large storage lockers for long guns. Once the custodians open and take custody of the evidence, it is stored in a safe or "locked down" secure area. Money is placed in a safe and firearms and drug evidence are placed into a second interior lockdown area. Everything from this point in the process, regarding documentation, is done through the bar coding computer system. This system has been in place since June of 2002. Keeping money and valuables in a safe within a larger locked area meets national accreditation standards for safeguarding such property, but the combination has not been changed in a number of years and a number of people-no longer in the property and evidence chain of command- know the combination. The storage facility is cramped. Even with an on-going process to purge evidence no longer needed and property that meets the criteria for destruction or other disposition, space is badly needed to facilitate a more efficient operation. The evidence office and storage area are secured under lock and key. There are currently five keys assigned: one each to the two evidence custodians; one to the Forfeiture Investigator/evidence custodian; one to the sergeant; and, one to the Major in charge of the Support Services Bureau. Unannounced audits of the evidence section are conducted at least twice a year. Professional Standards conducted the last unannounced "spot audit" in April 2006. In the latter part of2005, the senior custodian discovered that money was missing from the evidence section. A subsequent investigation revealed that the theft was internal to the section, and the responsible member has since been terminated and charged with a crime. The chief requested a major audit be conducted by an outside agency and the Boca Raton Police Department, under the direction of their Professional Standards Section, led a team of auditors in reviewing the Property and The Police Executive Research Forum 130 Management Study of the Boynton Beach Police Department Evidence Section. This audit revealed significant problems with the operation and identified other missing or misplaced drugs, money and firearms evidence. A report was submitted on these findings and some of the recommendations included: . Immediately begin the disposal process for cases for which there was a final disposition . Property and Evidence Security needed to be increased . More staff was needed to keep up with the workload . An immediate supervisor needed to be assigned . Evidence custodians should receive more training relative to their responsibilities Most all of these recommendations have been acted upon, with the exception of the training. Enhanced efforts to facilitate the disposal of no longer needed property and evidence began in November of2005 and continue today. It was reported to the PERF team that section personnel are about half way through with this disposal effort and it may well require about 12 more months before they are, again, in a normal intake and disposal mode. The disposal efforts reflect the following progress since beginning in November of 2005: . November 2005 - property or evidence disposed of, in 2799 cases . December 2005 - property or evidence disposed of, in 362 cases . January 2006 - property or evidence disposed of, in 419 cases . February 2006 - property or evidence disposed of, in 400 cases . March 2006 - property or evidence disposed of, in 217 cases . April 2006 - property or evidence disposed of, in 704 cases Some overtime has been authorized to pursue this task and section staff has been allowed to come in on Saturdays several times a month. Fluctuation in the numbers is reflected by the amount of overtime allowed to accomplish this significant undertaking. It is estimated there may be as many as 5000-6000 more cases for which property and/or evidence could be disposed. Case disposal procedures are initiated when a report from the State Attorney advises that the case has reached a final disposition. If this requires or permits the disposal of evidence, a letter to the The Police Executive Research Forum 131 Management Study of the Boynton Beach Police Department court is initiated from the Property and Evidence Section. A judge must sign the order, which requires that the destruction take place with in 30 days. Destruction of drugs is done under the supervision of the Palm Beach County Sheriffs Office under heavy guard, with documentation and photographic evidence that the destruction took place. Each month the custodians submit a report, through the chain of command, to the Bureau Commander reporting on all activity completed in the month. They also submit cumulative quarterly reports to the Bureau Commander. Recommendations 1. Consideration should be given to the space limitations in the Property and Evidence Section. This is a problem that will only worsen as the city grows and the department becomes obligated to safeguard increasingly more property and evidence. The issue of trust and integrity of staff-as had been the issue in the past-does not hinge on an orderly property and evidence room, but adequate work space does help create an environment that supports the accurate accounting of property and a more efficient operation. It has been reported that a proposal for the purchase of movable shelf system has been submitted for budget consideration for the past 3 years and has not been approved. It is estimated that a gain of as much as 30% more space could be realized if such a system were procured. 2. The department should arrange to change the combination of the safe in the Property and Evidence Section and the new combination should be only known to the personnel that actively need to have access to its contents. The combination of any safe in the department should be changed whenever a holder of the combination is transferred out of the unit or chain of commend. In the event of missing property from a safe, an ensuing investigation would be far less complicated when the number of combination holders is at a minimum. Even ifno transfers take place, it is a good practice to change combinations every two-three years. Every recommendation, herein, relative to combinations holds true for keys to areas in which property and evidence are stored, as well. The Police Executive Research Forum 132 Management Study of the Boynton Beach Police Department 3. The Property and Evidence Section should be subjected to regular, unannounced audits. The theft of money in 2005 revealed significant problems in the operation and security of the evidence section. It appears that positive steps are underway to correct these deficiencies and to prevent them from happening again; however, the department's (about-to-be-reinitiated) Stafflnspections function should have among its highest priorities, the audit of valuables maintained in this section. Full section audits should be regular events, but specific audits focused on valuables, cash and firearms should be more frequent and unannounced, but irregularly scheduled so as to not offer a pattern. 4. Stringent policy requirements should be implemented and enforced to see that property and evidence in cases that have been finally disposed of, are processed for destruction without delay so as to prevent problems in the future. 5. There are currently two civilian and one sworn officers performing evidence custodial tasks. The sworn officer/investigator is a multi-purpose resource. He addresses workload, is an added quasi-supervisory presence over civilian staff, and handles asset forfeitures. In the future, as the need for additional property and evidence staff becomes apparent, this position should be replaced with a less costly civilian member. The asset forfeiture duties of the position could be appropriately shifted to Investigations-if the job does not constitute a full-time position. This would then free-up a sworn member for more appropriate duty. 6. In the future, the department should look to place a civilian supervisor over the Property and Evidence Section. Currently the sergeant offers a high degree of supervisory presence as the section works to purge unneeded property and evidence. Once the recommended inspections process is in place and the operation has sufficient, well- trained personnel, a civilian supervisor will be more efficient. Moreover, it provides another opportunity for promotion within the civilian employee ranks. The Police Executive Research Forum 133 Management Study of the Boynton Beach Police Department 7. Although the workload of this section is considerable, the training and development of the property custodians cannot be ignored. Time should be permitted to allow for regular training opportunities, to include attendance at outside Property & Evidence courses and semmars. 8. The department should undertake discussions with the County Court Clerks office to develop protocols for direct access to the court records systems. Similarly, the members of the unit should be provided with access to the DMV DAVID system to assist with the return of property to persons who fail to show up with proper identification. While requirements for proper identification should remain a requirement, the focus should be on the removal of institutional barriers that prevent an efficient process of property releases. Direct access to the DA VID system will reduce the time required to release property. 9. The chain of command overseeing the Property and Evidence section should make an effort to formally involve all employees in discussions about section goals, workload strategies and expectations, and other issues that may arise. Management of this section has not been participatory or informative in the past. Employees have not been included in regular staff meetings, which should be held for the purposes of evaluating priorities and establishing direction. Records Unit The Records Unit is located in the Support Services Bureau of the department and reports specifically to the sergeant who supervises both the Records and Evidence Sections. The unit consists of 1 Police Records Clerk Supervisor, 10 Police Records Clerks and 1 part-time clerk. All positions are civilian personnel. Currently there are 3 open clerk positions and it is reported that the turnover is approximately 3 employees per year. The sworn police supervisor has just recently been assigned to the unit. As reported for other units, supervisory turn-over in this unit has been high-enough so the civilian supervisor in the unit has had minimal direction regarding the daily operation of the unit. The Police Executive Research Forum 134 Management Study of the Boynton Beach Police Department The civilian supervisor's responsibilities include but are not limited to, supervising, directing and evaluating the clerks of the unit. She is responsible for work schedules, assigns work of the police clerks and monitors work to ensure compliance with all applicable laws, policies and procedures. She coordinates training and certification activities for new employees, assists in the recruitment and selection of police clerks, prepares UCR for the Florida Department of Law Enforcement, reviews NCIC/FCIC validation reports along with a number of other reports generated by the unit and any other needed activity necessary to accomplish the mission of the Records Unit. Police Records Clerks have a number of duties and responsibilities and all clerks are cross- trained in each responsibility even though they may not be assigned to perform them on a daily basis. Their activities include front desk reception and answering non-emergency calls into the department and forwarding them to the proper authority. They review all police reports, including initial reports, supplemental reports, and accide!lt investigations, for accuracy and completeness. They perform information searches and queries on the NCIC/FCIC computer system for active warrants, prisoners, missing persons, stolen property, and driver's license history checks. They process all police traffic and parking citations. They maintain cases and court information on felony cases and forward the information to the Palm Beach County State Attorney's office for prosecution decisions and action. They perform a myriad of other activities in support of the overall mission of the department. The deployment of the records unit personnel is around the clock, seven-days a week with the most employees on the day shift, Monday through Friday, and fewer people on the weekends. The supervisor works the day shift, usually from 8:00am to 4:00pm, with Saturdays and Sundays off. Currently there are four clerks positions assigned to the day shift, one being a vacant position. They stagger work-hours covering from 6:30am to 4:30pm. The part-time clerk (a college student) works days, with days off in the middle of the week. The evening shift has 3 clerks assigned, with coverage until midnight. Currently there is an open position on the evening shift. The midnight shift begins reporting at 1 0:00pm and works until 6:00am, and also has one The Police Executive Research Forum 135 Management Study of the Boynton Beach Police Department vacancy. The current deployment scheme provides coverage, temporally, and provides the minimum level of staffing needed to address workload. The Records Unit employs a computer software system called Web Partner/Crime Web. The system permits officers in the field access to the system through their lap top computers while records clerks can review reports directly on their screens in order to begin the quality control process and forward the reports to their proper destinations. Specific functions are assigned to available clerks, as follows. One clerk is specifically assigned the processing of stolen vehicles and missing persons. Once a report has been submitted electronically by the officer and reviewed by the supervisor, the clerk reviews the report and insures the appropriate UCR code is assigned. The clerk then tracks the validations and compares the "BOLOs" (be on the look out for) to the report to insure accuracy. Any related information can then be scanned into the case file before it is transferred to the Detective Division for investigation. All supplement reports are entered into the electronic file as received. Another clerk is assigned the processing of all crime and arrest reports. They are generated electronically by officers and are reviewed on screen by the clerk. The clerk, much like the process for stolen auto and missing persons, processes each, systematically. Both are reviewed for proper assignment ofUCR codes and then forwarded electronically, either to the Detective Division for Investigation, or in the case of an arrest, to the State Attorney's Office for review and prosecution. A clerk processes Felony Folders, which are submitted by officers for case preparation for prosecution. The clerk insures that the folder is stamped appropriately with date and time received, generates States Attorney & Records transmittal logging, reviews the packets for original documents, supplemental reports, and then the packet is scanned and transferred to the State Attorney Office for intake. The Police Executive Research Forum 136 Management Study of the Boynton Beach Police Department One clerk is assigned to review and process accident reports. Although this is done in a similar way as the other reports, ultimately a hard copy of the report must be sent to the Palm Beach Traffic Office and the original accident report must be mailed to the Department of Transportation in Tallahassee. A clerk is assigned to the public reception window during the day shift, 7 days a week, and has the responsibility for all public requests for assistance with contacting other members of the department, request for reports, and routing of all non-emergency phone calls coming into the department. The new clerks go through an informal but organized field training program and are eventually taught the duties and responsibilities of all positions within the records unit. The Field Training Manual is well organized and gives daily direction to the clerk/trainer and trainee. There is no formal evaluation of the trainee on a daily basis. Security of the records unit seemed to be good and only those who work in the area are allowed inside. Officers and the general public cannot access the work area unless escorted by a person assigned to the area. Records retention and security are dictated by state law and under the guidelines of Chapter 1 B-26, of the Florida Administrative Code, titled Records Management- Standards and Requirements (Electronic Record keeping). Training of the records personnel consists only of the informal field training of new employees and little is done thereafter. The supervisor has requested additional training in the areas of supervision, management and records management. No training has been provided to date. The space is adequate for the personnel assigned and the work performed. Statistical workload information for each clerk in the unit was not readily available other than to recognize they process all arrest reports, criminal reports, accident reports, and supplemental and follow-up reports generated by the entire department. The current level of staffing is sufficient for them to be able to meet their obligations, not without undue pressure and stress. The effect of the vacancies-on every shift-is clearly being felt by the clerks who are assigned to the unit. The Police Executive Research Forum 137 Management Study of the Boynton Beach Police Department This may also account for the lack of time for additional training and development of the supervisor and other members of the unit. Recommendations 1. The Records and Evidence Section has had a change of sworn supervisors three times in the past year. Traditionally, this assignment is not attractive to sworn supervisors, nor is there a need for a sworn supervisor to oversee this function. The department should look, in time, to create a mid-level civilian management position to replace the sworn supervisor. This would allow for a more permanent supervisory position and would offer civilian employees an additional promotional opportunity within the department. 2. The civilian supervisor of the Records Unit is not included in regular staff meetings with superiors, which can send a message that records personnel are out of the "information loop" within the department. Regular opportunities to impart information and direction are as essential for civilian units as they are for sworn. This should be remedied. 3. Shortages, of as many as three positions, are routine in the Records Unit. This causes an extremely heavy workload and stress on the other employees. When these positions are not immediately refilled, the stress and increased workload on the remainder of the staff only leads to further turnover. The department should refill the vacancies on each shift. If turnover continues to be regular, the department may wish to over-hire or expand the authorized strength in order to cover routine shortages. 4. The civilian supervisor is currently responsible for a 24 hour a day/ 7 day a week operation, with 11 direct reports. Although the scheduling allows her to see and communicate with most of the employees for a short period, her span of control is stretched. Consideration should be given to refilling one of the vacant positions with that of a "working" evening supervisor adding another civilian supervisor to insure appropriate supervision and direction for all of the employees of the unit. The Police Executive Research Forum 138 Management Study of the Boynton Beach Police Department 5. Training beyond the initial informal field training for members of the records unit has not been addressed. The supervisor has had little or no training in supervision or management. The department should include civilian training needs in its training plan, just as with units staffed by sworn members. The Police Executive Research Forum 139 Management Study of the Boynton Beach Police Department Staffing Summary A number of staffing recommendations are made throughout this report. The following table depicts the changes in authorized staffing recommended. In the report, some recommendations involve filling vacant positions that are already authorized. For example, on page 102 we recommend that an additional traffic officer be assigned to fill a vacant position. This would not increase the number of authorized positions. Assignment Rank/Position Patrol Officer Marine Officer CAT Officer Investigations Lieutenant Records Sergeant Records Civilian Manager Property & Evidence Sergeant Property & Evidence Civilian Manager Property & Evidence Officer Property & Evidence Civilian Evidence Clerk Increase 2 4 Decrease . - III .... .. 11- .. .. ... -- - II ._. II II III .-III. - . III .. .. 1111I. I. .. - .. .. I!IIi - III 11I- 11III - II - ... . 11IM ... . -.. .. . ...- ---- .. -- .. II ... , .- II. . - .. IIIII!II! -- II I ... . - - .. - .-. I II .. .- . . - II - .. III ..- . . I- .. III .. .. . - II .... .. -- .. ... III --- III -- .. ... ..... - ... III. 8 Recommended to be handled in the future, through attrition. The Police Executive Research Forum 140 COMMENTS ON P.E.R.F. MANAGEMENT STUDY OF THE BOYNTON BEACH POLICE DEPARTMENT Leadership, Management and Supervision Page 6 Multiple back-up officers at traffic stops - Traffic stops are among the top three situations that account for officer injury and death. Although they may seem routine in most instances, the inherent risk is more than adequate justification for additional officers on the scene. The study comments that "The primary downside to this practice is than no one is overseeing the ready availability of officers in other areas of the city." The patrol force is not deployed in a mode that considers the availability of officers in all sections of the city as a priority. Officers are deployed to those areas that experience the highest frequency of crime or to areas of particular concerns to the residents of that neighborhood. Although we insure that units are deployed both west and east of 1-95, there are seldom less than 13 units on the street at any time. This provides sufficient coverage for most situations and incidents. Officers backing each other up on calls or car stops has never presented a coverage problem and our response time to an emergency call in any part of the city is less than three minutes. Page 7 Departmental Organization - The department has six lieutenants not seven and twenty-two sergeants not twenty-one. There is only one lieutenant assigned to the Professional Standards Unit. There is no "investigations lieutenant" as mentioned (although we have requested one in the 06-07 budget). Traffic Sergeant - Agreed. There should be an additional sergeant in the Traffic Unit. Page 8 Show up rate - The "show-up" rate is of no value other than to determine the relief factor (referred to formally as an assignment availability factor) for the patrol force. This is determined by taking the amount of hours that an officer is potentially available for duty (2,920 hours in most cases) divided by the number of hours an officer is actually available. The result would be important for a force deployed on an eight or ten hour schedule in order to determine the size of each shift. However, our 11.5 hour shift deployment insures that the maximum amount of officers are available for patrol at all time, thus accommodating any reduction of manpower caused by leave, training or other factors that diminish officer availability. Additionally, leave, training and court time is established by collective bargaining agreement, the Florida Department of Law Enforcement and the States Attorney office respectively and is outside the control of the department. The only variable is the amount of medical leave an individual officer may utilize and the amount of discretionary training imposed by the agency. Page 9 Geographic responsibility - We have discussed a realignment of the patrol lieutenants based on geographic responsibility. This is referred to as a district or sector concept and my experience is that this works very well in large departments. I believe this concept has application in our city; however, this will require our patrol lieutenants to get some additional experience working with the crime analyst and with the COMPST AT process (using computer based statistics along with neighborhood feed back via the patrol officers and residents in order to maximize efficiency in deployment). We are currently utilizing this process and it appears to be effective. This type of deployment also requires at least two and preferably four additional sergeants (one per platoon) in order to provide sufficient operational supervision. However; our current deployment has proven to be very effective and the Uniformed Services Division Commander has had no problem coordinating the efforts of the four platoons, addressing neighborhood problems and insuring consistency of service. It should also be noted that under the current deployment the department's response time to emergency calls for service (crime in progress, hold-up/burglar alarm, crash with injuries) is under three minutes. Strategic Planning - The department is working on a long-range strategic plan. However, departmental re-organization and review must be completed before a workable plan is finalized. The department has also instituted the Labor Advisory Committee mentioned in the PBA CBA but heretofore not utilized. The committee meets with the chief quarterly regarding working conditions, force deployment and employee concerns. Recommendations, page 12 Empowerment - Discussion on empowerment of sergeants and lieutenants indicates that officers should be included. The information obtained by our officers as they interact with the residents is in fact the basis for our problem oriented policing philosophy. Officers are encouraged to take the time to discover the basis for a problem reported at the family or the neighborhood level as this information will ultimately lead to formulating a long term solution. Sergeants and lieutenants are encouraged to utilize this information along with a statistical analysis of crime and calls for service in order to formulate a weekly deployment plan. The weekly deployment plans are reviewed by the division commander and distributed to patrol division supervisors. Additionally, there are monthly staff meetings at the departmental level and regular supervisor meetings at the division level where information is exchanged. Daily "Briefing Logs" are posted on the email system by the shift commander with BOLO bulletins and crime statistics published daily and bi-weekly respectively, by the crime analyst. Self-dispatching - Dispatchers do not and should not make decisions regarding the number of units that are appropriate to handle a particular call for service. Dispatch protocols are developed by the Communications Division, which is not part of the police department, and are based on generalities associated with the type of call received. Field supervisors are the ultimate decision makers regarding the level of response to a particular incident. Officers are expected to provide cover and assistance to each other based the type of activity and geographic proximity to a fellow officer's location. Patrol coverage is not predicated upon a concept of equality throughout the city. Deployment of the patrol force is based upon those conditions and requirements identified by platoon commanders in the deployment plan and may result in more units patrolling a neighborhood where problems are occurring leaving other areas with little or no coverage. Concerns that a particular area is left uncovered ignores the principle that a thinly spread force based on arbitrary geographic boundaries is ineffective in combating crime and does not support our problem oriented policing philosophy. 2 Written Directives Recommendations page 16 - Directives - The department has recently (April 06) brought its Power DMS system online. This software provides a comprehensive directive management system which provides officers with the ability to access all departmental Index Codes, Memoranda, Training Bulletins and Operating Procedures from their laptop computers. The entire body of directives can be searched, amended or updated in a matter of seconds. The search feature allows officers to place a single word or phrase in the search field and receive a listing of all provisions applicable to that subject. For instance, if an officer types in the words ''use of force" all provisions for use of force in any directive will be listed. All directive review is performed on line by the person(s) responsible, who are notified by email message that a review or update is necessary. Electronic documentation of distribution, receipt and update is provided by the system. All departmental directives have been updated and reviewed and all are in compliance with the Commission for Florida Law Enforcement Accreditation (CF A) standards, Florida Department of Law Enforcement rules and regulations and applicable Florida statutes. Use of Force - Our use of force policy is based on the model policies developed by the Palm Beach County Law Enforcement Planning Council, the Palm Beach County Sheriffs Office and the International Association of Chiefs of Police. It complies with the CF A standards for use of force and is updated annually to include recently promulgated recommendations from the above listed agencies. Policy will be reviewed pursuant to PERF recommendations. Page 19 - SWAT - An index code regarding SWAT operations and training is currently in development. Recommendations will be incorporated. Emergency Vehicle Operation (Pursuit) Policy - - Our pursuit policy is based on the model policies developed by the Palm Beach County Law Enforcement Planning Council, the Palm Beach County Sheriffs Office and the International Association of Chiefs of Police. It complies with the CF A standards for emergency vehicle operation/pursuit and is updated annually to include recently promulgated recommendations from the above listed agencies Page 20 - fA Policy - The time for completion of an internal investigation is established by Florida State Statute (180 days) and all investigations are tracked via the IA Pro software, which also provides for the tracking of established behavioral indicators which facilitates our early intervention system. Our IA policy complies with the Florida Statute (Florida Law Enforcement Officers Bill of Rights, Chapter 112), the Florida Department of Law Enforcement Rules and Regulations and the applicable CF A standards. Page 21 - Sexual Harassment - Policy is being revised and updated. Training to be conducted in the fall training phase. 3 Page 22 - Evaluations of personnel - We will address the evaluation system when the collective bargaining process resumes in 2007. Page 26 - Organization - The Code Compliance division does work closely with the units organized under the Community Services sergeant. However, the Code Compliance Administrator is on a level closer to the Division Commanders as opposed to the Community Services sergeant and the administrator reports directly to the chief. This set up is more desirable and facilitates coordination with the other city departments that also work closely with Code Compliance. Crime Analyst - The Crime Analyst actual reports to the Division Commander but is shown on the organization chart as faIling under the SVU sergeant. This is done for administrative accountability until such time as the Investigative Services lieutenant is replaced. The Support Services Division is tasked with providing crime and criminal intelligence information to the force, that is why the Crime Analyst falls within that division. Community Perceptions Recommendations pages 32 - 34 - Youth relations - The department will continue in our efforts to establish and maintain communication with the community in general and our youth in particular. The department has strong Explorer and Police Athletic League programs that serve the "at-risk" youthful population. We also participate in and support the MADDADS, Nights of Pythagoras and Boy Scouts of America programs. Our P.A.L. officer assisted by members of the CAT unit and utilizing a grant from the National Football League just concluded our summer football camp which provided athletic training and mentorship to 67 at-risk youth. Departmental members frequently speak at church group, HOA and Condo Association meetings. We will continue our efforts along these lines and investigate establishing a citizen advisory group as recommended. The department continues to support and maintain a Citizens Observer Patrol program that has in excess of 1100 active members. The Citizens Police Academy will also continue with two sessions per year. The Window - A number of changes have been made in the Records Division. These are the personnel who work the "window" and handle the walk-in inquires at the station. Due to the volume of requests for reports and records, we found that the personnel assigned to the "window" (called the "bubble" by departmental personnel) were unable to respond to citizen demands on a timely basis and that this caused some hard feelings between our personnel and the lobby patrons. All of the UCR, court liaison and other functions not directly related to record retrieval and storage functions have been removed from the division and assigned elsewhere. We have reduced the lobby hours and adjusted shifts and working times to insure adequate coverage. Additionally, we have revamped the procedure for procuring reports so that requests are now filled via the mail. As a result, customer service has improved along with the morale of our Records personnel. 4 Patrol Staffing Recommendations page 50-57 - Staffing and Workload Analysis - I agree that presently the department is adequately staffed to handle the work load and to engage in problem oriented policing activities. That said, the statistical analysis of patrol activity as it applies to calls for service and workload analysis is not accurate. The study utilized calls for service (CFS) activity based on Computer Aided Dispatch (CAD) records which provide the information regarding the amount of time that is spent handling calls for service. Unfortunately, these records do not supply all of the information necessary to determine how much time is spent on CFS activity. When we reviewed the PERF work load analysis it was apparent, based on our experience and daily analysis of officer activity that the percentage of time spent handling call for service was grossly understated. Our field reporting system known as WebPartner requires that a CFS be "closed" before the next phase of the program, or the report writing phase, can be initiated. The information depicted in the study does not take into account that our records management/computer aided dispatch systems (RMS/CAD) determines the time spent on a call from the point the officer arrives on the scene to the point at which the dispatcher "closes" the call which is prior to the officer writing the report and completing other post-call activity. The time that the officer remains out of service writing the report, processing/transporting arrestees and submitting evidence in most cases exceeds the time the officer spent at the scene handling the incident or investigating the crime. This results in an understatement of the amount of time attributed to CFS activity as depicted in the PERF study. As a result, the work load analysis in this study does not provide any useful data. Notwithstanding, experience and our own analysis reveals that officers do have adequate time to engage in community policing initiatives and have done so with much success. Problem Oriented Policing - I agree with the recommendation that the department should substantially enhance its patrol community policing and problem solving efforts and as I explained to the PERF assessors - that has been the focus of the agency since August of 2005. Lieutenants and sergeants are managing officer discretionary time by utilizing information collected through crime data analysis (COMPST A T) and by our officers in order to determine those areas that would benefit by enhanced police presence and intervention. A number of officers on each shift along with Community Action Team members, Traffic Unit officers and Code Compliance personnel are assigned to address emerging and existing problems by engaging in dialogue with residents and utilizing all available resources to formulate long-term solutions. Officers have been deployed on foot and bicycle to insure citizen/officer contacts are maximized. Citizen Action cards have been distributed throughout the neighborhoods and we have realized a 60% return rate resulting in a wealth of information that has proven valuable in our efforts to address community concerns. 5 Geographic based patrols - I do not agree with the recommendation that the department further implement geographic based patrol. Geographic-based patrol using the "beat" and "cover car" concept is an early form of community policing that has proven to be very expensive and for the most part unworkable. This form of deployment recognizes two police functions within the patrol force; community police and call-taking police. The community police work the same "beat" or "post" each day and become familiar with problems on their "beat". The call-taking police handle the calls for service thus freeing-up the "beat" police to engage in "community policing". Unfortunately, this concept received a lot of attention, mostly in police administration text books and journal articles (initially as "foot" officers and "motorized" officers) at about the same time that the 911 system was implemented nationwide. The dramatic increase in calls for service that resulted (referred to as "the tyranny of911") caused police departments around the country to re-think the community policing concept. What developed was an emphasis on "problem oriented policing" or "preventive policing" which many law enforcement professionals (including myself) believed was the original intent or focus of the community policing concept. That concept has become the department's focus and strategic plan for the immediate future and requires every member of the department to interact with the community and identify neighborhood concerns that need to be our concerns. We have accomplished this task by empowering our patrol force with the ability to alter the deployment based on existing conditions without the restrictions inherent in a geographically defined allocation. The recommendation relies on the 10 geographic "zones" that divide the city for reference/patrol purposes. As we explained to the PERF personnel, these zones were arbitrarily drawn many years ago and have no correlation to work-load or crime patterns. We use these zones only for reference when a particular area of the city needs to be studied or singled out for some reason. These zones are too large for a single "beat" officer and to further expand them to form the recommended five "beats" would create an area too large to be effectively patrolled by a single officer. In reality, all most all calls for service require the presence of a primary officer and a back-up officer. On an average 24 hour day, the patrol force is "out of service" (meaning all officers are on an assigned call for service and calls for service are being "stacked" as they come in) 10 times (determined by calculating the amount of time a call was held for more than five minutes due to unavailability of units). This occurs despite the fact that our present 11.5 hour/two platoon configuration puts the maximum amount of officers (which is between 13 and 15 officers at present) on the street at anyone time. By staggering the reporting times throughout the day, the maximum number of officers are on the street at peak call times. Anything less than a four-platoon/ll.5 hour deployment increases the delay in responding to calls from our citizens and reduces the amount of officers available for discretionary deployment thus defeating the flexibility that our lieutenants and sergeants use for community policing initiatives. Unfortunately, the report does not include a discussion of these initiatives and their impact. Our monthly reports indicate that our patrol force has engaged in neighborhood intervention activities ranging from foot patrol in the areas of open-air drug sales to attending children's birthday parties. It might be too early to gauge the results; however, crime is down 26% city wide (the largest crime 6 decrease in 10 years) and officer use-of-force incidents have decreased from a high of 328 in 2004 to a low of 131 in 2005. Information availability - The department has just completed the first phase oftraining in problem oriented policing strategies. All sworn members, Code Compliance officers and civilians who deal with the public as part of their duties have completed a two-day cultural competency course provided by Towards a More Union. The instruction was excellent and very well received by our members. While I agree with the recommendation that COMPST A T and problem solving training is important, learning to appreciate and interact with a diverse community is the starting point. We will move in to the more technical aspects of community policing in the training rotation that begins in October. Additionally, all of our new supervisors are attending supervision and management classes along with specialty training provided locally by Palm Beach and Broward community colleges. Rewards - The department recently conducted it's annual memorial service and awards ceremony at Intracoastal Park. Over 100 of our members attended and many received awards and recognition of some kind. Additionally, every third monthly staff meeting begins with an award ceremony to insure that members are recognized for outstanding performance throughout the year. Information sharing - Information regarding crime analysis, calls for service along with officer and unit activity/productivity is available to every sworn member of the agency via their vehicle mounted laptop computers or through any of the computers provided in our computer lab. Strategic planning is accomplished through divisional meetings and the resulting deployment plans that are formulated and reviewed weekly. The previous week's activities are reviewed by the division commander along with the lieutenants in order to determine the level of progress resulting from our efforts. All shift activities are logged and distributed via the email system at the conclusion of every shift in order to provide the on-coming shift and other entities with information that may prove helpful in our community policing and crime fighting initiatives. Other Organizational Components Recommendations page 59-60 Budget - I agree that we have a modest budget. Space Needs - I agree that our space needs have become critical. We could greatly benefit by some outside office space until a new facility can be built. Recommendations page 67 -70 Informal Complaints - An informal complaint is one that does not allege misconduct and involves a disagreement regarding the actions taken in response to a particular incident or violation. Example: An officer issues a traffic citation and the violator complains that the citation should not have been issued for some reason. These types of complaints are frequent and are handled by having the sergeant meet or speak with the complainant and explain our polices, procedures and 7 responsibilities pursuant to the Florida statutes. These are documented in the sergeant's diary but should not be included in our IA case files or in the Early Warning System data. Policy failures - The Index Code will be amended to formalize the procedure for handling a policy failure. Training - Training for sergeants and lieutenants in the conduct of internal investigations has been completed. Serious investigations and officer involved shootings - Any serious violation is presented to the states attorney's office for review by their investigative unit and for possible criminal prosecution. All officer involved shootings are investigated by the states attorney's office first. A subsequent investigation is conducted by IA in order to determine if any policies or procedures have been violated. There is no need to enter into an agreement with FDLE or the SA's office as recommended. Florida Statutes and the Statewide Mutual Aid agreement cover the issues raised in this recommendation. Time limits on fA investigations - No investigations have gone past the 180 statutory limit since August of2005. The statement that "Most police departments feel 45 to 60 days is a reasonable time frame" is questionable and certainly not supported by any available data. Some investigations can be completed in several weeks and some require months of investigatory work. P 10 - A civilian PIO position is being considered for the 06-07 budget year. Page 77 In-service Training - T ASER, OC spray, ASP and specialty impact munitions training is conducted every year along with the yearly use of force training block. Additionally, domestic violence updates are included along with the yearly legal update training. Recommendations page 79-82 Training Plan - The Commission for Florida Law Enforcement Accreditation is considering changes to the training standards which should be finalized at the October meeting. At that point we will formalize a training plan for the coming year. Space - I agree. We do not have adequate space for our training needs; however, we make use of outside facilities when possible. Recruiting - For the first time since 1999, the department is at full strength and we have an applicant pool (waiting list) of approximately 110 applications. Unfortunately, a great many of our applicants are not qualified for one reason or another leaving few good candidates to choose from. In the past, the Training Unit traveled throughout the state attending job fairs, college career days and other recruiting oriented functions with an emphasis on those events likely to draw minority applicants. For instance, our recruiting team has attended functions at traditionally black colleges and in large metropolitan areas like Jacksonville where a more diverse pool of applicants can be found. As a result of 8 these efforts, no successful minority candidates were recruited. Similarly, advertising in several widely read minority oriented publications failed to bring us any successful candidates. Unquestionably, the best source of qualified applicants comes from the members of the police department themselves. At this point we can accurately state that the members of this agency are at least satisfied with the BBPD as an employer and as the PERF study points out, many are very happy to be working here. That's the reason we have no openings and no lack of potential candidates. The study points out on page 74 "it is interesting to note that White, Black and Hispanic applicants were hired at identical rates. " If nothing else, this fact affirms that our hiring practices do not adversely impact any particular group of candidates. The same can be said for our business practices; we attempt to maintain an environment where all members of the agency can pursue their career goals and practice their profession without fear of retribution or ridicule for honest mistakes in judgment and application of innovative or creative policing techniques. This insures that our members will keep the applicant pool filled. As the study points out on page 74 "Overall, the selections made by the department demonstrate an effort to hire a diverse group ofrecruits thatfairly represents the city's overall minority population... " Our efforts along these lines will continue and a force that reflects the diversity of the community it serves will always be a top priority. One initiative we are considering is the Neighborhood Ambassador Recruitment Program. This program has been used successfully in large northeastern and mid- western departments and involves members of the community in the recruiting process. Community leaders and business professionals are recruited to do the recruiting. The citizen recruiters are trained in the process and the desirable characteristics and qualifications of a police officer. They in-turn recruit qualified community members as applicants. Our website receives at least 100 hits every day and continues to be an excellent source of candidates. The average viewer on our website views 8 pages per session which indicates a high level of interest in our organization. Our application is easily downloaded or completed on line and all of the information regarding our salary, benefits and departmental organization can be found on the site. We have recently overhauled the site and made it more user-friendly. Most out of town candidates have told us that shopping the internet is the preferred way of locating law enforcement agencies in a particular area and obtaining employment information. FTO's - The FTO software program that was being utilized was too cumbersome and did not meet our needs. We are looking at some new software and decided that until another program is purchased, it would be easier to utilize pen and paper forms to insure consistency in reporting. Recommendations page 84-85 Code Compliance - There has been an increased emphasis on having the Code Compliance Division work closer with the Uniformed Services Division. Officers have, with increasing frequency, referred quality of life issues to Code for action and we are exploring the feasibility of forming a Code Team 9 along with the Building Department to address issues of unlicensed contractors and exploitation of elderly residents by unscrupulous home improvement scam artists. We will also consider the issue of radio communications with Code officers although the present system has not presented any problems. Recommendation page 87 Marine Unit - We do need to maintain a presence in the waterways adjacent to the city and the beach. There are a number of officers who are trained as boat operators and we do deploy the marine enforcement vessel when manpower permits. We have also recently acquired through donation, a 22 foot Nautica Ridged Hull Inflatable boat for use in the fresh water canals and lakes within the city. Over the 4th of July weekend, the Marine Unit was operational due to the fireworks and heavy boat traffic. Future manpower requests will consider a permanent staff for this uni t. Recommendation page 88 Canine Teams - Policies are currently being reviewed. We will consider the "bark and hold" option in the future. Current canines have been trained for "bite and hold" work and retraining appears not to be an option. Current canine deployment has worked well and our teams work closely with the Sheriff's Office, Delray Beach and Boca Raton canine teams. Dogs for bomb and drug detection as well as tracking are available at any time. Recommendations page 90-93 Community Action Team (CA T's) - The CAT team concept is new to the agency and is still under development. Currently there is one sergeant and five officers assigned to this team. They are supplemented by shift personnel who have been trained for bicycle patrol. The Special Services Lieutenant (referred to in the report as an Administrative Lieutenant) submits a weekly deployment plan along with the other platoon commanders. The report indicates that the team spends a great deal of time on street level narcotics enforcement. Actually, street level narcotics trafficking is an overriding community concern in certain areas and the team is well suited for this type of enforcement. Information is readily relayed to the VIN unit and from the VIN unit back to the CAT's. To date, the CAT's have been very effective and well received by the residents. Recommendations page 95-96 Community Education - We will continue our efforts to expand the Citizens on Patrol program to all neighborhoods in the city. The next Citizen's Police Academy session commences in October. The report did not mention our Parking Enforcement Unit which is staffed by 15 volunteers who have been trained to enforce the code based parking regulations. These volunteers also offer additional "eyes and ears" for our officers. They primarily patrol the commercial and retail areas of the city and have been very effective. Recommendations page 101-102 Traffic Unit - We are planning to move our Training Unit to the Range on Minor Rd. in August of 2006. The Traffic Unit will move into the office currently occupied by the Training Unit which will give them some added space. We realize that the facility is inadequate and does not provide the required space for any 10 of the police department functions. A new facility is planned but no timeline has been established. An additional sergeant in the Traffic Unit is highly desirable; however, current manpower levels do not permit this. The Traffic Unit supervisor reviews all crash reports and maintains a continuing analysis of problem locations. The Department of Utilities and Engineering provides assistance whenever it is needed and works closely with our personnel to alleviate traffic and highway related problems. CSO's - Weare planning to expand the duties of the Community Service Officers to include handling non-emergency calls for service that do not require additional investigation and non-criminal service calls. Recommendations page 104-105 SWAT - An armored personnel carrier is not fiscally possible at this time. However; the Palm Beach County Sheriff's office maintains such a vehicle and it is available to us if the need arises. Page 106 Support Services Division - This division is not "home to 7 civilian" employees. There are 19 civilians assigned to this division. Recommendations page 119-120 Investigative Services Section - I agree that the investigators are working at capacity and it would not be productive to expand the criteria for cases assigned to the section for follow-up. I also agree that since there is no more work space available, expansion of the unit is not practical. An additional consideration when determining the work load for our investigators is the amount of time spent on surveillance details and special operations. These additional hours, which were not considered in the study, would further support the fact that our investigators are unable to handle any additional case load. Example: In the past six months our investigators conducted a prostitution sting operation which required one detective sergeant and five investigators for a total of98 hours. Additionally, one sergeant and four investigators conducted a surveillance/apprehension operation (confidential location) for an additional 200 hours. I do agree that a lieutenant should be added to the ISS and one has been requested in the current budget which is under consideration. Statistical and Case Review - This process could not be more standardized. The CAD/RMS system insures that all cases are reviewed and acted upon in some way. The software package is not at all complex and any member of the agency who deals with reports or statistics can easily access and navigate this data base. There has never been a problem related to "consistency in the extraction of data" (although we aren't sure what they mean by this). Recommendations page 124-125 - Task Force - The PBSO MAN unit was disbanded in 2004 so we will not be able to participate in that task force. We have, however, assigned an officer to the Violent Crimes Task Force (VCTF). This unit, operating out of 11 the PBSO, assists with the investigation of violent crimes county wide and compiles and distributes data on violent crime patterns and participants. We also have an investigator assigned as liaison with the Multi Agency Gang Task Force (MAGTAF) which insures that we receive any available information concerning gang activity in our area. Vice/CA T - These units work closely and have collaborated on several special operations since January. Crime Analyst - This function is assigned to Investigative Services since that unit is at present tasked with providing crime pattern and intelligence information to the patrol force. The Crime Analyst also functions as the control point for sexual offender/predator control and documentation. The Analyst supplies weekly crime reports and maps depicting "hot spots" and other areas of concern. Summaries of calls for service, self initiated activities and reported crimes are accessible at any time by any member with access to the CAD/RMS system. Recommendation page 128 Crime Scene - When fiscally feasible, we will add the desired equipment to the crime scene van. Recommendation page 132-134 Property Evidence - I agree that the department does not have an adequate property/evidence processing and storage facility. This will be addressed when a new facility is designed and constructed. A moveable shelf system is under consideration in the 06-07 budget. The combination to the safe has been changed and restricted to two persons. As indicated in the report, unannounced inspections are now conducted with the last one being completed in April 2006. We will consider replacing the sergeant with a civilian supervisor in the next budget year. Palm Beach County is currently developing a system that will allow our evidence custodians direct access to court case information. They are about six months away from testing the system. With the assignment of a sergeant over this function, unit functioning and communication should be enhanced. Recommendation page 138-139 Records - We will consider a mid-level civilian manager position for this function in future budget years. The civilian supervisor attends all staff meetings. All vacant positions in this unit have been filled. Evening shift staffmg has been reduced along with the lobby hours. The shift commander is able to address any records related problem in the evenings. Records personnel receive training appropriate to their positions and are encouraged to participate in training programs provided by the city's Organizational Development Unit and the local community colleges. 12 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI XII. - LEGAL DEVELOPMENT ITEM A.l Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) D D August 15,2006 July 31, 2006 (Noon) D ~ September 6, 2006 August 14,2006 (Noon) D D September 19, 2006 September 5, 2006 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 3, 2006 September 18, 2006 (Noon) October 17, 2006 October 2,2006 (Noon) November 8, 2006 October 16, 2006 (Noon)' ~?1If November 21, 2006 November 6, 2006 (N~19 NATURE OF AGENDA ITEM D D D D D Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D ~ D D City Manager's Report New Business I',) Legal Unfinished Business ~'.) RECOMMENDATION: Please place this request on the September 6,2006 City Commission Agenda under Legal and Ordinance - Second Reading. The City Commission continued the review of this item from the August 15, 2006 meeting to the September 6, 2006 Commission meeting to coincide with the legal notice for the ordinance. EXPLANATION: PROJECT: AGENT: OWNER: Boynton Village Community Development District (CDD 06-001) Michael Szymonowicz/Wrathhell, Hart, Hunt and Associates, LLC 1950 Congress Avenue, LLC; Target Corporation, South Florida Devco, Inc.; and WR 2, LLC Request for an ordinance establishing the Boynton Village Community Development District approval. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: AL TERNATIVES: N/A N/A N/A ~ I Manager's SIgnature Develop ChvL fi- u /~ Assistant to City Manager Planning an~ Director City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\CDD\Agenda Item Request Boynton Village Comm Dev. District CDD 06-001 9-6-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06-073 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, ESTABLISHING THE BOYNTON VILLAGE 4 COMMUNITY DEVELOPMENT DISTRICT; 5 ESTABLISHING THE BOUNDARIES OF THAT 6 DISTRICT; APPOINTING THE INITIAL BOARD OF 7 SUPERVISORS; PROVIDING FOR POWERS OF THE 8 BOARD; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on June 16, 2006, 1950 Congress Avenue LLC., submitted a petition to 13 he City for the creation of a community development district to be known as the Boynton 14 illage Community Development District ("District"), in accordance with Section 190.005(2) 15 Florida Statutes; and 16 WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part 17 ereofcontains the information required in Section 190.005(9)(a), Florida Statutes; and 18 WHEREAS, a public hearing on the petition was conducted by the City Commission 19 n August 15, 2006, at City Hall in accordance with the requirements of Sections 20 90.005(2)(b) and 190.005 (1 ) (d), Florida Statutes; and 21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in Section 22 90.005(l)(e) and the record of the public hearing held on August 15, 2006, in making its 23 etermination as to whether to grant or deny the establishment of the Community 24 evelopment District; and 25 WHEREAS, the City Commission has determined that: 26 That all statements contained within the Petition have been found to be true 1. 27 nd correct. :\Documents and Setlings\PrainitoJ\Local SettingslTemporary Internet FileslOLK1041CDD Boynton Village. doc Page 1 of 4 1 2. That the creation of the District is not inconsistent with any applicable element 2 r portion of the State Comprehensive Plan or of the effective local government 3 omprehensive plan. 4 3. That the land within the proposed District is of sufficient size, sufficiently 5 ompact and sufficiently contiguous to be developable as one functional interrelated 6 ommunity. 7 4. That the creation of the District is the best alternative available for delivering 8 he community development services and facilities to the lands within the District boundaries. 9 5. That the proposed services and facilities to be provided by the District are not 10 ncompatible with the capacity and uses of existing local and regional community services and 11 acilities. 12 6. That the area identified in the Petition IS amenable to be included In the 13 roposed District; and 14 WHEREAS, the City Commission has determined that the creation of the Boynton 15 illage Community Development District would be consistent with the criteria for community 16 evelopment districts as set forth in the Uniform Community Development District Act of 17 980,Chapter 190, Florida Statutes; 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and herein 21 ncorporated by this reference. :\Documents and Seltings\PrainitoJ\local Seltings\Temporary Internet Files\OLK104\CDD Boynton Village. doc Page 2 of 4 1 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the 2 ity Commission of the City of Boynton Beach, Florida hereby establishes a community 3 evelopment district as follows: 4 CREATION AND NAME: There is hereby created a Community Development 5 istrict to be known as BOYNTON VILLAGE COMMUNTY DEVELOPMENT DISTRICT. 6 LEGAL DESCRIPTION: The legal description for the Community Development 7 istrict is attached hereto and incorporated herein by reference in attachment 2 to the Petition 8 hich is attached as Exhibit "A" to this Ordinance. In addition, a map depicting the land area 9 0 be serviced by the District is attached to this Ordinance as Exhibit "B" and incorporated 1 0 erein by reference. 11 BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows. Their 12 erms, powers and duties are as described in Chapter 190, Florida Statues: 13 (a) James Comparato (b) Timothy R. Kelly (c) Alan Thomas (d) Joseph Filippelli (e) Michael Troxell 14 15 16 17 18 Section 3. The Board of Supervisors shall have only such powers as set forth in 19 lorida Statutes 190.011 and 190.012. 20 Section 4. That any individuals who purchase property in the District should be 21 dvised of the existence of the District, as well as the costs associated with owning property 22 ithin the District. :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK104\CDD Boynton Village. doc Page 3 of 4 1 Section 5. That all ordinances or parts of ordinances in conflict herewith be and 2 e same are hereby repealed. 3 Section 6. Should any section or provision of this ordinance or portion hereof, any 4 aragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 5 uch decision shall not affect the remainder of this ordinance. 6 Section 7. Authority is hereby granted to codify said ordinance. 7 Section 8. This ordinance shall become effective immediately upon passage. 8 FIRST READING this 18th day of July, 2006. 9 SECOND READING and FINAL PASSAGE this day of 10 ,2006. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson TTEST: ity Clerk Corporate Seal) :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK104\CDD Boynton Village.doc Page 4 of 4 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT TABLE OF CONTENTS Petition for Establishment of the Boynton Village Community Development District Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 3A Exhibit 3B Exhibit 3C Exhibit 3D Exhibit 3E Exhibit 4A Exhibit 4 B Exhibit 5 Exhibit 6 Exhibit 7 Location Map with Current Major Trunk Water Mains and Sewer Interceptors and Outfalls Metes and Bounds Description Consent of Landowners or Contract Purchasers to Establishment of the Boynton Village Community Development District Consent &Joinder -1950 Congress Avenue, LLC Consent & Joinder - South Florida Devco, Inc. Consent & Joinder - WR2, LLC Consent & Joinder - Target Corporation Consent & Joinder - WR1, LLC Estimated Infrastructure Construction Time Table Construction Costs Estimates ~ Public and Private Land Use Map Statement of Estimated Regulatory Costs Proposed Form of Ordinance to Establish Boynton Village Community Development District PeLiLion PETITION FOR ORDINANCE TO ESTABLISH THE BOYNTON VILLAGE Community Development District Prepared by Wrathell, Hart, Hunt and Associates, LLC 1200 N.W. 17th Avenue, Suite 13 Delray Beach, Florida 33445 Telephone: (561) 276-0889 Facsimile: (561) 276-3780 Website: www.whhassociates.com Wrathell, Hart, Hunt and Associates, LLC Building client relationships orre step at a time... PClilion BEFORE THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA INRE: AN ORDINANCE TO ESTABLISH THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT ) ) ) PETITION 1950 Congress Avenue, LLC, a Florida limited liability company (the "Petitioner"), hereby petitions the City Commission of the City of Boynton Beach, Florida pursuant to the "Uniform Community Development District Act of 1980", Chapter 190, Florida Statutes (the "Ad') to adopt an ordinance establishing a Community Development District (the "District") on the property described herein. In support of the Petition, Petitioner states: 1. The proposed District (as described below) is located within the incorporated area of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the property, delineates the proposed boundaries of the District and shows current major trunk water mains and sewer interceptors and outfalls. The proposed District covers approximately 101.184 + / - acres of land. The real property within the boundaries of the proposed District is generally located West of the Lake Worth Drainage District Canal E-4, East of Congress Avenue, North of Old Boynton Road and South of South Florida Water Management District Canal C-16. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. There is no real property within the external boundaries of the proposed District, which is to be excluded from the District. 2. Attached to this Petition as Exhibit 3 and made a part hereof are the written consent forms to the establishment of the District by the owners or contract purchasers of 100% of the real property to be included in the District. 3. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: James Comparato Timothy R. Kelly Alan Thomas Joseph Filippelli Michael Troxell 4. The proposed name of the District to be established is Boynton Village Community Development District (the "District"). 5. The proposed timetable for the construction of District improvements is shown in Exhibit 4A. The estimated cost of constructing the proposed public improvements is shown in Exhibit 4B. The information presented in both exhibits are good faith estimates and are not binding on the Petitioner or the District and are subject to change. I:\BOYNTON VlLLAGE\Peution v6.doc Petition 6. The future general distribution, location and extent of public and private land uses within the District are consistent with the zoning categories of suburban mixed use and C3 community commerciaL The proposed uses are also consistent with the future land use plan element of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City"). The future land use map is shown as Exhibit 5. The land within the proposed District is anticipated to be developed with 458 townhouse units, 662 condominium units, 399,000 square feet of retail uses and 10,000 square feet of office uses. The Petitioner intends that the District will fmance (i) surface water management included related earthwork, (ii) water distribution and wastewater collection and transmission facilities, (iii) roadway, paving and street lighting improvements, (iv) off-site improvements, (v) land acquisition, and (vi) related incidental costs which may include acquisition of real property (collectively, the "Public Improvements"). Upon completion by the Petitioner of the water distribution and wastewater collection and transmission facilities and acquisition by the District, such facilities will be dedicated to the City to be connected to the City's existing water and wastewater lines. 7. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 8. Exhibit 7 is a proposed form of ordinance to establish the Boynton Village Community Development District, which is similar in form to Ordinance No. 05-018, which established the Renaissance Commons Community Development District. 9. Petitioner hereby requests that the proposed District be granted the right to exercise all powers hereby requests the right to exercise all powers provided for in Section 190.012(1), Florida Statutes and the additional powers listed in Sections 190.012(2)(a) and (d). 10. The Petitioner is 1950 Congress Avenue, LLC, a Florida limited liability company. The Petitioner, acting on behalf of itself, South Florida Devco, Ine., a Florida Corporation, WR 2, LLC, a Florida limited liability company, and Target Corporation, a Minnesota Corporation as the landowners, own 100% of the real property to be included in the proposed District. The Petitioner, South Florida Devco, Inc., WR 2, LLC, Target Corporation and WR 1, LLC, a Florida limited liability company, as contract purchaser of certain lands within the proposed District, will develop the land within the District, including the construction of the public infrastructure, which will be acquired by the District. It is contemplated that the vertical improvements on the developed lots will be constructed by the Petitioner, South Florida Devco, Ine., WR 2, LLC, Target Corporation and WR 1, LLC, and possibly other builders. Copies of all correspondence and official notices should also be sent to: Craig A. Wrathell, c/o Wrathell, Hart, Hunt and Associates, LLC, 1200 NW 17th Avenue, Suite 13, Delray Beach, Florida, 33445; (561) 276-0889. 11. The property within the proposed District is amenable to operating as an independent special district for the following reasons: (a) Establishment of the District and all land uses and services planned within the proposed District are consistent with applicable elements or portions of the effective City of . Boynton Beach Comprehensive Land Use Plan, as amended. (b) The land within the boundaries of the proposed District is of sufficient size and is sufficiently compact and continuous to be developed as one functional interrelated community. I:\BOYNTON YILLAGE\Pctition ,'6.doc 2 Petition (c) The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. (d) The proposed District will be the best alternative available for delivering community development services to the area to be senTed because (i) the District provides a governmental entity responsible for delivering those services and facilities in a manner that does not financially impact persons residing outside the District, (ii) the Act authorizes a community development district to acquire infrastructure improvements previously constructed by the Petitioner or allows for a community development district to, in the first instance, construct such infrastructure improvements, (ill) the timing for the establishment of the proposed District and the issuance of special assessment bonds is compatible with the timing for the construction and acquisition of such infrastructure improvements which results in direct benefit to the landowners and their assigns within the District, (iv) establishment of a community development district in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources as well as providing the opportunity for new growth to pay for itself, and (v) establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of many of the District services and facilities. 12. The Petitioner undertakes on behalf of the Distr1.ct that the District will provide full disclosure of information relating to the public f11lancing and maintenance of improvements to real property to be undertaken by the Distr1.ct as required by Section 190.009 and Section 190.048, Florida Statutes, as amended. [Remainder of page intentionally left blank] I:\BOYNTQN VTI..,LAGE\PeLition v6.doc 3 Petition WHEREFORE, Petitioner respectfully requests the City Commission of the City of Boynton Beach, Florida to: Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the establishment of the Boynton Village Community Development District and; Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Boynton Village Community Development District. Respectfully submined this 10,}\,1 day of ~~006. 1950 Congress Avenue, LLC a Florida limited liability company, as Petitioner Its: Managing Member By. Sembler Family Partnership # 35, Ltd. a Florida limited partnership Its: General Partner By: Sembler Retail, Inc., a Florida corporation I /l/~ :'\ ,ii/I,.' /,/'-',./~-::;<-:>/ Bv- \+*1--- "I, /:,/' / ./- }, i' " ;/.' / Name: JeffreY,r ~,IJF~{, Title: Vice lfe!f~t /\/1 " [ l..- C:..o(lnl1nml~ ;mcl Sl11jll~~I.~hnll ,Lnl';d Sl'lIill!-,~,T l'lIll)llf;U;.- hlll"nH'1 fl)l-.;\OLl,J,~\.Pl111i(l1l \'.~,tll1r 4 P~'1111!l1l EXHIBIT 1 MAP OF THE PROPOSED DISTRICT SHOWING CURRENT MAJOR TRUNK WATER MAINS AND SEWER INTERCEPTORS AND OUT FALLS BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Petition - Exhibit I Dnt....g name: H:\04714!KlQ7-8o)l'lton Vllo,.\47148007\CAOO\'IHlA\[XHl9lT 1.dw; EXHIBIT 1 Nor 30. 2006 10:05am by. at~...Ml_ __L.....--___Io_.......___._.._."'_Io_..,..._____..........,,_ .... -..-_..._..__. : \ \ - __u- ---------. ------\ , " ~===-~~~--=?""'-=--------_i L I~ \, \ I \ I \ I \ I. I \ I \ \ '\'- ' . \' \~~ ~\'~ \ \ , " \ \. '1 I I " " I " \ " " III " t " I" " II q II " I" tl II " " I " III I :: \ ~ ] ":" \--I~~~--- , I hi il . qlUi I i Itll(! III~ Ii It III I . . 1 I; ~ Itllli nu '12 a il5 IS ~ III ~'$ . 11111 I . . ! , I~II Itlli ~. ItlU It Iii " It III " e ~J 8 BOYNTON VILLAGE !::1 ~~ ,,~ COMMUNITY - i ~~ g~ DEVELOPMENT DISTRICT BO'I'NTOO BEACH fLORIDA ~~ g~~~ ~.g~ "I~ il Ij - " It IIi .- -~ 1111 III EXHIBIT 1 - AS ""m> -~ "" "" ......~ u ::-:t: ~~~TAR\I . l. . . . .l~ r ~_.. KinHy-Hom IIloJ_U lI1d Assodalus,lnc. tC'\_~___~lD.lIC. ......_IIrIoo.,__-.n.UIG1' "'-~~C:OI:""J~I17S EXHIBIT 2 METES AND BOUNDS DESCRIPTION BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT C3 - Parcell, C3 - Parcel 2, C3 - Parcel 3, C3- Parcel 4, C3 - ParcelS, C3 - Parcel 6, C3- Parcel 7, SMU - Parcell, SMU - Parcel 2, SMU - Parcel 3, SMU - Parcel 4, SMU - ParcelS, SMU - Parcel 6, SMU - Parcel 7, SMU - Parcel 8, SMU - Lake Parcel, Tract C-l, Spine Road Tract, BOYNTON TOWN CENTER, A P.C.D., as recorded in Plat Book 106, Pages 144-151 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: COMMENCE at the Southwest corner of the Southwest One-Quarter (1/4) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing of N01022'46"W along the West line of said Southwest One-Quarter (1/4) of said Section 20 a distance of 1312.24 feet THENCE N88037'14"E a distance of 60.00 feet to a point on the East right-of-way line of Congress Avenue, said line also being 60.00 feet East of and parallel with the West line of the Southwest One-Quarter (1/4) of said Section 20, said point also being the POINT OF BEGINNING; THENCE NOl o22'46"W a distance of 223.50 feet; THENCE N12012'46"E a distance of 29.78 feet; THENCE N01 o22'46"W a distance of 140.75 feet; THENCE N38037'14"E a distance of 20.23 feet; THENCE S88037'14"W a distance of 10.00 feet; THENCE N01 o22'46"W a distance of 75.00 feet; THENCE S88037'14"W a distance of 10.00 feet; THENCE N01 o22'46"W a distance of 456.21 feet; THENCE N12009'15"E a distance of29.91 feet; THENCE N01022'46"W a distance of 286.82 feet; THENCE N38003'52"E a distance of 17.71 feet; THENCE NOl o22'46"W a distance of 89.10 feet; THENCE N47000'33"W a distance of 25.54 feet; Petition - E.xhibit 2 THENCE NOl 023'03"W a distance of 291.1 0 feet; THENCE N12008'37"E a distance of 29.93 feet; THENCE NOl 023'03"W a distance of285.65 feet; THENCE N38003'52"E a distance of 22.13 feet; THENCE S88036'57"W a distance of 21.06 feet; THENCE NOl 023'03"W a distance of 59.00 feet; THENCE N88036'57"E a distance of 25.06 feet; THENCE N47000'33"W a distance of 35.06 feet; THENCE NOl 023'03"W a distance of 468.48 feet to a point on the North line of said BOYNTON TOWN CENTER, A P.CD.; THENCE N87045'57"E along said North line a distance of 1485.39 feet to a point on the East line of said BOYNTON TOWN CENTER, A P.CD.; THENCE S06028'18"E along said East line a distance of 760.86 feet; THENCE S30046'03"E continuing along said East line a distance of 800.00 feet; THENCE S00041'03"E continuing along said East line a distance of 904.59 feet to a point on the South line of said SMU - Parcel 2; THENCE S89048'57"W along said South line a distance of 768.02 feet to a point of curvature of a non-tangent curve concave to the Southwest, a radial line of said curve through said point having a bearing of S71 014'46"W; THENCE Southeasterly along the arc of said CUl-ve to the right having a central angle of 18034'11" and a radius of 646.50 feet for an arc distance of 209.53 feet to a point of tangency; THENCE SOOol1'03"E a distance of 89.52 feet to a point on the South line of said BOYNTON TOWN CENTER, A P.CD.; THENCE S89048'57"W along said Soud-lline a distance of 80.00 feet; THENCE NOOoll'03"W a distance of 15.00 feet; THENCE S69003'41"W a distance of 42.32 feet; THENCE S89048'57"W a distance of 439.23 feet; THENCE NOooll'03"W a distance of 1.00 feet; 2 Petition - Exhibit 2 THENCE S89048'57"W a distance of 274.70 feet THENCE N77046'36"W a distance of 39.56 feet THENCE S89048'57"W a distance of290.70 feet; THENCE N45047'05"W a distance of 45.01 feet to the POINT OF BEGINNING; Said parcel of land situate within the City of Boynton Beach, Pahn Beach County, Florida, containing 101.184 Acres, (4,407,594.40 Square Feet), more or less. 3 Petition - Exhibit 2 EXHIBIT 3 CONSENT OF LANDOWNERS OR CONTRACT PURCHASERS TO THE ESTABLISMENT OF THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT The land described in Exhibit 2 to this Petition comprises 100% of the real property proposed to be included within the boundaries of the Boynton Village Conununity Development District. Such land is depicted graphically by plat and by Property Control Number in Exhibit 1 to this Petition and the specific parcels to be included within the boundaries of the proposed Boynton Village Community Development District are as follows: Property Control Number Owner/Contract Purchaser Description 08434520290030000 08434520290030010 08434520290030020 08434520290030030 08434520290030040 08434520290030050 08434520290030060 08434520290030070 08434520290120000 08434520290180000 08434520290190010 08434520290190020 08434520290190030 08434520290190040 08434520290190050 08434520290190060 08434520290190070 08434520290190080 Track C-l (Canal Parcel) C3 - Parcel 1 C3 - Parcel 2 C3 - Parcel 3 C3 - Parcel 4 C3 - Parcel 5 C3 - Parcel 6 C3 - Parcel 7 SMU - Lake Parcel Spine Road Tract SMU - Parcell SMU - Parcel 2 SMU - Parcel 3 SMU - Parcel 4 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC Target Corporation 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC South Florida Devco. Inc. South Florida Devco. Inc. WR 2. LLC 1950 Congress Avenue. LLC as owner and WR 1. LLC as contract Purchaser 1950 Congress Avenue. LLC as owner and WR 1. LLC as contract Purchaser 1950 Congress Avenue. LLC 1950 Congress Avenue. LLC 1950 Congress Avenue, LLC SMU - Parcel 5 SMU - Parcel 6 SMU - Parcel 7 SMU - Parcel 8 Petition - Exhibit 3 EXHIBIT 3A AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEAG! ) On this ! {G:,.\\It day of ~06, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Jeffrey S. Fuqua, who, after being duly sworn, deposes and says: 1. Affiant, Jeffrey S. Fuqua, an individual, is the Vice President of Sembler Retail, Inc., a Florida cOlporation which is the General Partner of Sembler Family Partnership # 35, Ltd., a Florida limited partnership which is the Managing Member of 1950 Congress Avenue, LLC a FlOlida limited liability company (herein, the "Company"); 2. The Company is the owner of the following described property, to wit: Property Control Numbers: 08434520290030000 08434520290030010 08434520290030020 08434520290030040 08434520290030050 08434520290030060 08434520290030070 08434520290120000 08434520290180000 08434520290190040 08434520290190050 08434520290190060 08434520290190070 08434520290190080 3. Affiant, Jeffrey S. Fuqua, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed COD"). 4. ~;roperty represents a pOltion of the real property to be included in the ProPoFfl. ',.'~ i-/ 5. Affiant, Jeffrey S. Fuqua, on behalf of the Company, as the sole owner of the PropyI:tY in the capacity described above, hereby consents to the establishment of the Proposed COD. Pl111inll b.hihl1 ~A FUR TI-IER, AFFIANT SA YE 1H NOT. l~ ~ fl /. / /''--..' .... ,. . , . ,,- ,,..~ - I ,..../. .,,- '--._! ,b... ;/' ......." ",,"" t'A /' "..,. .,/"/ Jeffre~f}J~ . f~lf'.~~ Subscribed and sworn to before me this I ~ day ?f~, 2006, by Jeffrey S. Fuqua, the Vice President of Sembler Retail, Ine., a Florida corporation which is the General Partner of Sembler Fqmily Partnership # 35, Ltd., a Florida limited partnership which is the Managing Member of 1950/eOngress Avenue, LLC a Florida limited liability company, who personally appeared before me, [0 is personally known to me or [ ] produced as identification. ~\\\\"'III"'IIIII ~:'" ~\.EY yo~///~ '~~~~\ssioN~.~~ II ..cp ""'.IO.~~ ~ I: :~ ~. ~ '*i- JAN ~~ ~ ::: 4 :*= , \~ 2010 ~! g If!~~... ~.. ~ ,,~..~!..~\>o/ ~""8Y pU'" ~,~ L. r'II'III III"\\\\\~ /~ . ..' j -',. .' / Notar;.~ j.?~i t-~ ~::~;:~lic, ~~etof F~:~.Jcj lA~--t~ My Q;ITlIllission Expires: \! LI .I I U [NOTARIAL SEAL] /\ /; I J .. ! ! I I. i !/ 2 Pcllll(l[j- b,hihil.'A EXHIBIT 3B AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEAm ) On this ~Y"Y'~ day of April 2006, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Michael J. Ryan, who, after being duly sworn, deposes and says: 1. Affiant, Michael J. Ryan, an individual, is the President of South Florida Devco, Inc., a Florida corporation (herein, the "Corporation"); 2. The Corporation is the owner of the following described property, to wit: Property Control Numbers: 08434520290190010 and 08434520290190020 3. Affiant, Michael J. Ryan, hereby represents that he has full authority to execute all documents and instruments on behalf of the Corporation, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, Michael J. Ryan, on behalf of the Corporation, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed CDD. FUR1HER, AFFIANT SAYETI-INOT. 1~~;7 ~__.____nn_... M~ Subscribed and sworn to before me this i.4"'day ot-Plpri:l;7()06, by Michael J. Ryan, the President of South Florida Devco, Inc., a Florida corporation, who personally appeared before me, ~\(] is personally known to me or [ ] produced as identification. [NOTARIAL SEAL] "OP-FICIAL SEAL" JEAN X YIN Notary Public, State of Illinois ~ My Commission Expires 10/23107 ~~~ Notary: L~ Print Name:c~ Notary Public, State of Florida My Commission Expires: Petition - Exhibit 38 EXHIBIT 3C AFFIDAVIT OF OWNERSHIP AND CONSENT TOTHE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRIcr STATE OF FLORIDA ) ) SS COUN1Y OF PALM BEAGi ) On this:>O-"'a day of ~~006, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn, deposes and says: 1. Affiant, James Comparato, an individual, is the .Manager of WR 2, LLC, a Florida limited liability company (herein, the" Company"); 2. The Company is the owner of the following described property, to wit: Property Control Number: 08434520290190030 3. Affiant, James Comparato, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed mD"). 4. The Property represents a portion of the real property to be included in the Proposed mD. 5. Affiant, James Comparato, on behalf of the Company, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed mD. ! .~./ / ./:?/.~-_. the )tinager of WR 2, LLC, a Florida limitedli~ty company, who personally appeared before me, [ L-Y is personally known to me or [ ] pr6duced as identification. ,-- [NOTARIAL SEAL] Notary: ,q. cJc c:}: ,,~-:;'!/'IU"'- CLAUDElTE DIAMOND l~A'..' ~o'\ MY COMMISSION # DO 224139 -*" *- ~. .kg EXPIRES: June 19, 2007 ---1,~iif.:r.-~-' Bonded ThnJ Notary Public Underwriters Pl.lilillll E:>.hihil~C EXHIBIT 3D AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) On this J.2= day of May 2006, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments,Sc..-n- }\.e;\s~, who, after being duly sworn, deposes and says: 1. Affiant, s:;. ~ ~ \Sllv"\ , an individual, is the !Jilt Rap.e....-\of Target Corporation, Ine., a Minnesota corporation (herein, the "Corporation"); 2. The Corporation is the owner of the following described property, to wit: Property Control Number: 08434520290030030 3. Affiant,S('~* \\\/1 I~~ hereby represents that he has full authority to execute all documents and instruments on behalf of the Corporation, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant,&Ji+t-~J.l>~ on behalf of the Corporation, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed CDD. FURTHER, AFFIANT SA YETH NOT. ~Iil - ;:::e~= Target C~th:m , . Subscribed and sworn to before me this J s+- day of May, 2006, by S'ce>+-t-- ULsCl?, the \J .e..e. PteS,IJellf-/nf Target Corporation, Inc., a Minnesota corporation, who personally appeared before me, rv]1s personally known to me or r ] produced as identification. CAROL E. DRAKE NOTARY PUBUC . MINNESOTA MY COMMISSION EXPiRES JAN. 31, 2010 Notary: ~ ~ ~ Print Name: (J,ro I 15. (Jra. k Notary Public, State of t11,' ~H.e.s(")-1-~ My Commission Expires: I /:S) /&01 D [NOTARIAL SEAL] Petition - Exhibit 3D EXHIBIT 3E AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF P AiM BEAm ) , 1-\.1 ~\M'I-E/ On this 3 U day ofApnl2006, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn, deposes and says: 1. Affiant, James Comparato, an individual, is the Manager of WR 1, LLC a Florida limited liability company (herein, the" Company"); 2. The Company is the contract purchaser of the following described property, to wit: Property Control Numbers: 08434520290190040 and 08434520290190050 3. Affiant, James Comparato, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, James Co mparato , on behalf of the Company, as the contract purchaser of the Property in the capacity described above, hereby wnsents to the establishment of the Proposed CDD. ' FUR1HER, AFFIANT SAYE1HNOT. ~ /~'-;1~ /:;J'" / .(// ,..- .-' ~ /. .- :./'/"/ ,;/;/.//1> ./ i' ;' , Ja, g m o' /'.;./--;.;1t/: /~/-l Subscribed and sworn to before me this 3>0 ~y of ~OO6, by J:' ~"~to, the ~nager of WR 1, LLC, a Florida limitedJiib,:iLiLty;,ompany, who personally appeared before me, [ ] IS personally known to me or [ 6( pfodyeed as identification. ' c--------------. ( ,~ Nota ----.-y---<.ry--P~ Print Name: ,/l4-u d ~ -€-- '--~ ,. II- I)'\.. L r../;: Notary Public, State of Flo~ My Commi<sion Expire" ';L 0"'--' I "I , ,) 0 ,,-+ [NOTARIAL SEAL] "'''~'''''''' CL4UDETTE DIAMOND I !:wr"A.~~ MY COMMISSION # DO 224139 . ~.~.;ri EXPIRES: June 19, 2007 ~""R'. 'li.:~'~ Bonded lhlu Nolaly Public UndelWTilOfS "', 1r.1~'" Pl1ilion - E.\hihillE EXHIBIT 4A ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT IMPROVEMENT START DATE COMPLETE DATE SURFACE WATER MANAGEMENT INCLUDING RELATED EARTHWORI< FEBRUARY 2006 MAY 2007 WATER AND W A STEW A TER SYSTEM MAY 2006 JUNE 2007 ROADS, PAVING & STREET LIGHTING JUNE 2006 AUGUST 2007 OFF-SITE IMPROVEMENTS SEPTEMBER 2006 DECEMBER 2006 Petition - Exhibit 4A EXHIBIT 4B CONSTRUCTION COSTS ESTIMATES BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT IMPROVEMENT COST SURFACE WATER MANAGEMENT INCLUDING RELATED EARTHWORK $3,655,000 WATER AND W ASTE\X1 ATER SYSTEM $4,226,000 ROADS, PAVING & STREET LIGHTING $5,165,000 OFF-SITE IMPROVEMENTS $2,230,000 TOTAL ESTIMATED PROJECT COSTS $15,276,000 SOFT COSTS (ENGINEERING, SURVEY, ETC) $ 1,067,000 CONTINGENCY @ 10% $1,528,000 LAND ACQUISITION $3,500,000 TOTAL ESTIMATED PROJECT COSTS $21,371,000 Petition - Exhibit 48 EXHIBIT 5 FUTURE LAND USE MAP BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Petilion - Exhibil5 ~ D.~ _DI!NY1AL lLD'" _...... D.U.lAcno .:::::] MODEM"" DENeITY RU'DENIIAL (MOIIIQ __ 7021 IWJAo M.DIUII! DEIlII.TY 1IE..DENrIAL (WI-I..... .... D.W...... H.CItl DE..,-v 1Ui...INIIAL e..", ..... 10.. D.w...... .lPECIAL HUHf DE...TY ...DENTlAL (SItDR) LDCN.. RETAIL COMMERCIAl. (LIIC) DEflERAL COMMERCIAL toe) RECREATIONAL (II) I'U"'C & _VA."" DOVE_ENI'AlJl.....ITUTJONAl. C",D~ MillED ....E COIlE (MXC) "ill MillED..... au...... (WIXI) ~;;:'~J DEVELOPMENI' OF "''''ONAL 'M ....cT (DR~ ::.::J CONHRVATlON (CON) FLUM - EXHIBIT 5 EXHIBIT 6 STATEMENT OF ESTIMATED REGULATORY COSTS BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Petition a Exhibit 6 EXHIBIT 6 BOYNTON VILLAGE COMMUNIlY DEVELOPMENT DISTRICT Statement of Estimated Regulatory Costs June 2006 Wrathell, Hart, Hunt and Associates, UC IItIDdtrtg c;u-t ~bIJM _.,. III" u-... Provided by Wrathell, Hart, Hunt and Associates, LLC 1200 N.W. 17th Avenue, Suite 13 Delray Beach, Florida 33445 Telephone: (561) 276-0889 Facsimile: (561) 276-3780 Website: www.whhassociates.com Petition a Exbibit 6 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the Boynton Village Community Development District ("District"). The proposed District will comprise approximately 101.184 acres of land located in the City of Boynton Beach, Florida (the "City") and is projected to contain approximately 1,120 residential units and 409,000 square feet of retail/ office uses. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), Florida Statutes ("F.S.") (governing District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district. so that any matter concerning permitting or vlanning of the development is not material or relevant (emphasis added)." 1.2 Overview of Boynton Village Community Development District The District is designed to provide district infrastructure, services, and facilities along with their operations and maintenance to a master planned residential development containing a currently planned 458 townhouse and 662 condominium dwelling units as well as 399,000 square feet of retail and 10,000 square feet of office uses within the boundaries of the District. A Community Development District ("CDD") is an independent unit of special purpose local government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain community-wide infrastructure in large, planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S. A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in which the CDD lies. A CDD does not have the permitting, zoning or police possessed by general purpose governments. A CDD is an alternative means of financing, construction, operating and maintaining community infrastructure for developments, such as Boynton Village. Petition - Exhibit 6 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2005), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. The City of Boynton Beach is not defined as a small City for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under Section 120.541, F.S.(l)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. "Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The District serves land that comprises an approximately 101.184 - acre master planned mixed use development currendy planned to contain 1,120 residential dwelling units and 409,000 square feet of retail/ office uses. The estimated population of the residential portion of the District is 3,500 + /-. The District will also include a number of non-residential landowners, whose number is expected not to exceed 100. 2 Petition. Exhibit 6 3.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state or local revenues. There is no state agency promulgating any rule relating to this project and there is no anticipated effect of the ordinance establishing the District on state or local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of adopting the ordinance is the establishment of an independent local special purpose government, there will be no enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District as established on the proposed land, will encompass under 1,000 acres, therefore, the City of Boynton Beach is the establishing entity under 190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. City of Boynton Beach. Florida The proposed land for the District is located within the City of Boynton Beach, Florida and consists of less than 1,000 acres. The City and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources, however, these costs incurred by the City will be modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the City already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by the required filing fee of $15,000 included with the petition to offset any expenses the City may incur in the processing of this petition. Finally, the City routinely processes similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to the City of Boynton Beach, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the City, or any monitoring expenses the City may incur if it establishes a monitoring program for this District. 3 Pctitioo-ExbJ.oit6 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. Financing for these facilities is projected to be provided by the District. The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2. Total costs for those facilities, which may be provided, are estimated to be approximately $17,871,000. The District may levy non-ad valorem special assessment (by a variety of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non-ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. Table 1 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Proposed Facilities and Services FACILITY FUNDED O&M OWNERSHIP SURFACE WATER MANAGEMENT CDD CDD CDD WATER AND WASTEWATER CDD CITY CITY SYSTEM ROADS, PAVING & STREET CDD CDD CDD LIGHTING OFF-SITE IMPROVEMENTS CDD CDD CDD Prospective future landowners in the Development may be required to pay non-ad valorem special assessments levied by the District to provide for facilities and secure any debt incurred through bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for 4 PetitiOD - Exhlbit 6 debt service, the District may also levy a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary and levy of such assessments, as well as the prospect of such assessments, are noticed and disclosed fully. So, ultimately, all owners and users of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. Table 2 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Estimated Costs of Construction CATEGORY COST SURFACE WATER MANAGEMENT INCLUDING RELATED EARTHWORK WATER AND WASTEWATER SYSTEM ROADS, PAVING & STREET LIGHTING OFF-SITE IMPROVEMENTS $3,655,000 $4,226,000 $5,165,000 $2,230,000 SOFT COSTS (ENGINEERING, SURVEY, ETC) CONTINGENCY @ 10% LAND ACQUISITION $1,067,000 $1,528,000 $3,500,000 TOTAL ESTIMATED PROJECT COSTS $21,371,000 A CDD provides the property owners with an alternative mechanism of providing public services, however, special assessments and other impositions levied by the District and collected by law represent the transactional costs incurred by landowners as a result of the establishment of the District. Such transactional costs should be considered in terms of costs likely to be incurred under alternative public and private mechanisms of service provision, such as other independent special districts, City or its dependent districts, or City management but financing with municipal service benefit units and municipal service taxing units which are not districts, or private entities, all of which can be grouped into three major categories: public district, public other, and private. With regards to costs of public district mechanism of public services delivery to the developments within the proposed area, dependent and other independent special districts can be used to manage the provision of infrastructure and services, however, they are limited in the types of services they can provide, and likely it would be necessary to employ more than one district to provide all services needed by the development. Other public entities, such as counties, are also capable of providing services, however, their costs in connection with the new services and infrastructure required by the new development, transaction 5 Petition - E:w'bit 6 costs, would be borne by all taxpayers, unduly burdening existing taxpayers and would also be inconsistent with the State's policy of "growth paying for growth". Lastly, services and improvements could be provided by private entities. However, their interests are primarily short-term profits and there is no public accountability. The marginal benefits of tax- exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to enhance the quality of infrastructure and services. In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents in the District will receive a higher level of public _services which in most instances will be sustained over longer periods of time than would otherwise:~be the case. I Second, a CDD is a mechanism for assuring that the community services will be completed concurrently with development of lands within the Development. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of local governance which is specifically established to provide District landowners with planning, construction, implementation and short and long-term maintenance of community infrastructure at sustained levels of service. The cost impact on the ultimate landowners in the Development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable, what the landowners would have paid to install infrastructure via an alternative financing mechanism. Consequently, a Community Development District provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development infrastructure and services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of various public and private source. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52,. F.S. There will be little impact on small businesses because of the establishment of the District. If anything, the impact may be positive. This is because the District must competitively bid all of its contracts and competitively negotiate all of its contracts with consultants. This affords small businesses the opportunity to bid on District work. The City of Boynton Beach has a population of 60,389 according to the Census 2000 conducted by the United States Census Bureau and is therefore not defined as a "small" city according to Section 120.52, F.S. 6 Petition - Exhibit 6 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. In relation to the question of whether the proposed Boynton Village Community Development District is the best possible alternative to provide community facilities and services to the project, there are several additional factors which bear importance. As an alternative to the independent CDD, the City of Boynton Beach could establish a dependent Special District for the area or establish an MSBU or MSTU. Either of these alternatives could finance the improvements contemplated in Tables 1 and 2 in a fashion similar to the proposed District. There are a number of reasons why a dependent Special District is not the best alternative for providing community facilities and services to the Boynton Village Community. First, unlike a CDD, this alternative would require the City of Boynton Beach to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be directly and wholly attributed to the land directly benefiting from them, as the case would be with a CDD. Administering a project of the size and complexity of the development program anticipated for the Boynton Village Community is a significant and expensive undertaking. Second, a CDD is preferable from a government accountability perspective. With a CDD, residents and landowners in the District would have a focused unit of government ultimately under their direct control. The CDD can then be more responsive to resident needs without disrupting other City responsibilities. By contrast, if the City of Boynton Beach were to establish a dependent Special District, then the residents and landowners of the Boynton Village Community would take their grievances and desires to the City Commission meetings. Third, any debt of an independent CDD is strictly that District's responsibility. While it may be technically true that the debt of a City-established, dependent Special District is not strictly the City's responsibility, any financial problems that a dependant Special District may have may reflect on the City. This will not be the case if a Community Development District is established. Another alternative to a CDD would be for a Property Owners' Association (FaA) to provide the infrastructure as well as operations and maintenance of community facilities and services. A CDD is superior to a paA for a variety of reasons. First, unlike a paA, a CDD can obtain low cost funds from the municipal capital markets. Second, as a government entity a CDD can impose and collect its assessments along with other property taxes on the County real estate tax bill. Therefore, the District is far more assured of obtaining its needed funds than is a paA. Third, the proposed District is a unit of local government. This provides a higher level of transparency, oversight and accountability. 7 Petition . E.Vlibil 6 7.0 A description of any good faith written proposal submitted under Section 120.541 (1) (a), F.S. and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. No written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative have been submitted. Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports the petition to establish the Boynton Village Community Development District. 8 Petition - Exhibit 6 APPENDIX A LIST OF REPORTING REQUIREMENTS FL. STATUE REPORT CITATION DATE Annual Financial Audit 190.008/218.39 12 months after end of Fiscal Year Annual Financial Report 190.008/218.32 12 months after end of Fiscal Year TRIM Compliance no later than 30 days following the adoption of the property tax Report 200.068 levy ordinance/resolution (if levying property taxes) Form 1 - within 30 days of accepting the appointment, then every year Statement thereafter by 7/1 (by "local officers" appointed to special district's of Financial board); during the qualifying period, then every year thereafter by Interest 112.3145 7/1 (by "local officers" elected to special district's board) Public within one year of special district's creation; then annual notice of Facilities any changes; and updated report every 5 years, 12 months prior to Report 189.415 submission of local government's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semiannually, or annually Bond Report 218.38 when issued; within 120 dayS after delivery of bonds Registered Agent 189.416 within 30 days after first meeting of governing board Proposed Budget 189.418 prior to end of current fiscal year Public Depositor Report 280.17 annually by 11/30 9 Petition - Exhibit 6 EXHIBIT 7 PROPOSED ORDINANCE TO ESTABLISH THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Petition - E.wbit 7 r XII. - LEGAL ITEM BIOI 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 Meetin&! Dates in to City Clerk's Office D August I. 2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) U August IS, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) ~ September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda IZl Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Approve Ordinance # amending the City of Boynton Beach Code of Ordinances and creating a new tiered rate structure for residential Solid Waste collection rates. EXPLANATION: In 1990, Ordinance #90-36 established a Solid Waste residential collection rate of$1O.50 per month and a multi-family collection rate of$8.00 per unit. The current rate for residential service remains at $10.50 and the multi-family rate has actually been reduced to $7.50 per month. Since 1990, the City has implemented numerous operational changes that have allowed rates to remain stable. For example, in the late 1990's, the City began automated residential garbage collection. Staff estimates that this action has allowed for staff reduction of approximately 12 employees, yielding considerable savings. In addition computer software has provided assistance to staff to develop route schedules for commercial customers thereby making operations more efftcient so that more customers can be serviced at minimal incremental cost. However, the ability to maintain stable rates over the past 16 years cannot be entirely attributed to operational efftciencies. We recognize that our construction and demolition service has provided excess revenue during the booming construction period in the last six to eight years. This revenue stream has supplemented residential revenues. Lastly, the transfer of funds from the Solid Waste Fund to the General Fund has dwindled to zero from an amount of $550,000 most recently as 2003. This has benefIted Solid Waste collection rates but has placed more pressure on the General Fund. Despite inflationary expenses over the years, the Public Works staff have done an outstanding job in maintaining a stable residential rate. However, labor and equipment costs continue to increase and recent hurricanes have taken a toll on the Solid Waste Fund balance. It is now necessary to consider a rate adjustment in the residential garbage collection rates. Staff is .. proposing that rates for both single family (21,234 units) and multi-family (12,533 units) rates be increased by $1.00 per month for three years to re-build the fund balance depleted by hurricanes. Staff is further proposing a regular inflationary increase of $0.50 per month beginning in fIscal year 2007/08, thereby increasing the rates each year in recognition;of continuing cost increases. The proposed single-family rates and multi-family rates are outlined below. In additionflt) comparison to other nearby communities is also provided. Staff is not proposing rate adjustments beyond FY 08/0~r.1 W ~ believe it prudent to re-evaluate the impact of the current rate proposal on the fund balance at that time to verify wliether or., not today's assumptions are correct. . 1 '.'-' ..[-,'j , I <~) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ({( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROPOSED MONTHLY RATES RESIDENTIAL: Current $10.50 Proposed FY06/07 . $11.50 Proposed FY07/08 $12.00 Proposed FY08/09 $12.50 MULTI-FAMILY: $ 7.50 $ 8.50 $ 9.00 $ 9.50 PROGRAM IMP ACT: This action will maintain a positive fund balance and hurricane reserves are replenished. Furthermore, inflationary pressures on operating costs will be built into an annual rate adjustment to account for increased personnel costs. FISCAL IMPACT: 1. Additional revenue as indicated below to provide a reserve fund balance in the Solid Waste Fund. Residential = $1.00/mo. X 12 mos. = Multi-Family = $1.00/mo. X 12 mos. = $254,808 $150.396 Total Fund Balance Reserves Increase per year = $405,204 2. Additional revenue per year for inflationary costs beginning in 2007/08 Residential = $0.50/mo. X 12 mos. = Multi-Family = $0.50/mo. X 12 mos. = $127,404 $75.198 Total Operating Inflationary Increase per year = $202,602 AL TERNATIVES: Staffs recommendation is based upon.the premise that rates are increased for two distinct reasons. Discussion of each premise is as follows. 1. Increase to reserve fund. The concept is to increase garbage rates for both residential and multi-family customers to replenish/build a reserve fund for future emergencies. Staff recommends increasing the rate $1.00 per month for three years. This will allow a reserve fund in the amount of approximately $1.2M. This is very nearly the amount that the City expended this year to remove hurricane debris. Obviously, the City is not responsible for the full cost of debris removal because both FEMA and the State of Florida will reimburse for the vast portion of the cost. However, the City must have funds in reserve to front the costs of this work. Therefore, if this reserve is not established/replenished in the Solid Waste Fund, then the funds would have to be allocated from the General Fund instead. Should the Commission choose this option, it may be appropriate to re-evaluate the General Fund balance reserve policy to ensure that sufficient funds would always be available in the event of a catastrophic hurricane event to finance debris clean up and all other City expenses incurred. 2. Inflationary increase. As noted earlier in this report, staff is proposing to increase the Solid Waste rate for single and multi-family structures by $0.50 per month beginning on October 1, 2007. This increase is necessary to pay for the growth in operating costs, particularly costs for personnel. The proposed budget for FY2006/07 does not suggest an inflationary rate increase. However, if one assumes that just the personnel costs will increase by 7% per year, then the expenditures will increase by $202,786 (FY06 budget of$2,896,947 * 7%). Staff recognizes that other operating costs will increase as well but we are confident that $0.50 will be a sufficient rate increase. Should the City Commission desire to not increase the residential rate to offset inflationary costs, staff would be required to reduce expenses. To further reduce expenses, existing service levels cannot be maintained. Staff would appreciate Commission input into what following service modifications would be acceptable in order to maintain stable rates. Each of these, in some manner, can attain the degree of cuts in operating costs that negate the proposed S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM $0.50 per month rate increase. Options a, b, and c will require laying off at least three employees. Option d. maintains current staffmg levels and assumes that all savings is in reduced equipment expense. a. Change garbage pickup to once per week instead of twice per week. b. Eliminate curbside recycling c. Change bulk pickup to once per month instead of once per week. Staff does not recommend this option because to cut this expense equipment essential to hurricane cleanup must be sold. d. Change to a six-day pickup schedule requiring garbage pickup on Wednesdays and Saturdays. Should the City Commission desire to not reduce or modify residential garbage services and should the City Commission still desire to not raise residential garbage rates, then only one option is available that will allow continued solid waste operations by City staff. This final option would require an increase of the rates assessed to commercial customers in the amount of$0.50 per cubic yard. This increase would provide for additional annual revenue to the Solid Waste fund that would be approximately $210,000 per year. To quantify this, staff notes that an average restaurant would see an increase of around $65 per month. Staff considered the possibility of increasing our collection and disposal rates for construction and demolition debris. Staff has noted numerous times that this venture is profitable and subsidizes our residential service. However, the excess revenue we have received the last several years is a direct result of the booming construction sector. One cannot assume that this activity will remain at this extreme level. Therefore, it would be inappropriate to assume that we could receive a revenue source from these services with sufficient stability to guarantee a positive fund balance and subsidize our residential rates for the long term. As it stands now, staff believes that the requested rate increase will further be necessary to offset a future reduction in revenues received from services provided to the construction sector. Summary Staff continues to believe that the residential garbage rates should increase as outlined. Program cuts or reallocation of revenue to the commercial customer would be unpopular. Lastly, staff again notes that we are very proud to have a single family garbage rate that is equal to the rate that existed in 1990 and is a rate that is lower than many other Cities. ~ C. -gcr', Signa"'" ~0Ji3L-(C IAll<fC-S Department Name Assistant to City Manager ~ City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC July 18, 2006 LOCATION City of Boca Raton SOLID WASTE RATE COMPARISON RESIDENTIAL REFUSE RATE Ad Valorem Tax $12.00 Side yard P/up MUL TI-F AMIL Y REFUSE RATE Ad Valorem Tax for curbside p/up $13.50/unit for dumpster service SERVICE LEVEL Twice/wk - Garbage Once/wk - Recycling Once/wk - Vegetation Quarterly - Bulk Trash City of Boynton Beach $1O.50/Month Proposing $11.50/month for Single-Family Proposing $8.50/monthfor Multi-Family $ 7.50/unitJMonth Same service as curbside except no vegetation p/up Twice/wk - Garbage Once/wk - Recycling Once/wk - BulkNege City of Deerfield Beach $22.66/Month $20.63/UnitJMonth Twice/wk - Garbage Once/wk - Recycling Once/wk - BulkNege City of Lake Worth $18.71/Month $18.71 under 9 units Over nine units is billed as commercial Twice/wk - Garbage Once/wk - Recycling Once wk - BulkNege Town of Lantana $18.77/Month $18.77/unitJMonth Twice/wk - Garbage Once/wk - Recycling Bi-weekly-BulkNege Palm Beach County District 5 Unincorporated Boynton Beach $7.25/Month $ 4.08/unitJMonth Same service as curbside except bulk is once/wk Twice/wk - Garbage Once/wk - Recycling Once/wk - Vege. Twice/wk - Bulk City of Riveria Beach $12.59/Month $12.59/Month Twice/wk - Garbage Once/wk - Recycling Once/wk - Vege. Twice/wk - Bulk West Palm Beach $16.00/Month + 1.85/Month/Recycling $16.00/unit - 1st bldg. $ 9.00/unit - 2,3,4,bldg. $16.00/unit - 5th bldg. $ 9.00/unit - 5, 7, 8 bldg. Twice/wk - Garbage Once/wk - Recycling Once/wk - Vegetation Twice/wk - Bulk Share/PW/Solid Waste/Rate Comparison Chart - July 2006 1 ORDINANCE NO. 06 -077 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-30 (C), "RESIDENTIAL 8 RATES (NONCONTAINERIZED)" AND (D) 9 "RESIDENTIAL RATES (CONTAINERIZED, 10 MULTIFAMILY), TO PROVIDE FOR A NEW TIERED 11 RATE STRUCTURE; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 13 DA TE. 14 15 WHEREAS, on September 7, 2004 the Boynton Beach City Commission ("City") 16 adopted Ordinance No. 04-072 ("Ordinance") that provided for various revisions to the solid 17 waste provisions of the City's Code of Ordinances; and 18 WHEREAS, due to recent hurricanes which have taken a toll on the Solid Waste 19 Fund balance and the increase in labor and equipment costs, it is now necessary to consider a 20 rate adjustment in the residential garbage collection rates; and 21 WHEREAS, the City Commission concurs with City staffs recommendation, and has 22 determined that it is in the best interest, safety and welfare of the residents and citizens of 23 Boynton Beach, that Chapter 10 Garbage, Trash and Offensive Conditions be amended to 24 create a new tiered rate structure for residential Solid Waste collection rates as set forth below. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. 29 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- 30 30, "Rates and charges for City service," sub-section 1O-30( c), "Residential rates S:\CA\Ordinances\Chapter ]0 Garbage Code Rate Revision 080206.doc (noncontainerized)" and sub-section 1 0- 30( d), "Residential rates (containerized, 2 multifamily)" of the Code of Ordinances of the City of Boynton Beach, be, and the same are 3 hereby amended by adding the words and figures in underlined type, and by deleting the 4 words and figures in struck-through type, as follows: 5 Sec. 10-30. Rates and charges for City service. 6 The rates and charges for refuse collection service provided by the city shall be as 7 follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (c )Residential rates (noncontainerized): (l) Ten dollars and fifty cents ($10.50) Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month for single-family dwellings. (2) Ten dollars and fifty cents ($10.50)Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month for each family unit duplex or triplex. (3) Ten dollars and fifty cents ($1O.50)Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month for each family unit for apartments and condominiums. S:\CA\Ordinances\Chapter 10 Garbage Code Rate Revision 080206.doc 2 2 3 4 5 6 (4) Trailer parks, ten dollars and fifty cents ($10.50)Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month per trailer. (d) Residential rates (containerized, multifamily): (1) Seven dollars and fifty cents ($7.50) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; Nine dollars ($9.00) for fiscal year 200712008; and Nine dollars and fifty cents ($9.50) for fiscal year 200812009 per month for each family unit for apartments and condominiums that are served by dumpster containers. 7 8 9 10 11 12 13 14 15 16 (2) Seven dollars and fifty cents ($7.50) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; Nine dollars ($9.00) for fiscal year 2007/2008; and Nine dollars and fifty cents ($9.50) for fiscal year 2008/2009 per trailer in trailer parks. Section 3. Each and every other provision of Chapter 10, not herein specifically 17 amended shall remain in full force and effect as previously enacted. 18 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 19 same are hereby repealed. 20 Section 5. Should any section or provision of this ordinance or portion hereof, any 21 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 22 such decision shall not affect the remainder of this ordinance. 23 Section 6. Authority is hereby granted to codify said ordinance. S:\CA\Ordinances\Chapter 10 Garbage Code Rate Revision 080206.doc 3 Section 7. This ordinance shall become effective during the first full billing cycle 2 after the adoption of the Ordinance on Second Reading. 3 FIRST READING this ~ day of August, 2006. 5 SECOND, FINAL READING AND PASSAGE this ,2006. day of 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 City Clerk 23 24 (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CA\Ordinances\Chapter 10 Garbage Code Rate Revision 080206.doc 4