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Agenda 04-17-07 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA APRIL 17, 2007 Jerry Taylor Mayor - At Large Kurt Bressner City Manager DISTRI T I Ron Weiland Commissioner - District I Mack McCray Commissioner - District II Jose Rodriguez Commissioner - District III Carl McKoy Commissioner - District IV James Cherof City Attorney 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 PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . 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, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . 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 who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA April 17, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Leonard Badia - St. Vincent Seminary C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland 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: 1. Holiday Parade route for December 1, 2007 Holiday Parade traveling north in the southbound lane of Federal Hwy. from SE 12th Avenue to East Ocean Ave. turning west on East Ocean Ave. and South on SE 4th Street. B. Community and Special Events: 1. Oceanfront Concert on April 20, 2007 at Oceanfront Park featuring The Tota// Kontro// Band from 6 p.m. to 9 p.m. Admission is FREE. Food and beverage vendors available. 2. Great American Cleanup/Earth Day to be held on Saturday, April 21, 2007 from 8 a.m. to 12 p.m. 3. Youth in Government Day on May 3, 2007 giving local high school students the opportunity to observe and participate in local government. Agenda Regular City Commission Boynton Beach, FL April 17, 2007 C. Presentations: 1. Proclamations a. Arbor Day - April 26, 2007 b. Municipal Clerk's Week - April 29 - May 5, 2007 c. Bishop Sylvester Banks, Sr. Day - April 22, 2007 2. Presentation announcing the Recreation and Parks Department's Senior Center's receipt of national accreditation through NISC (National Institute of Senior Centers) and certificates of appreciation given to the Senior Center's accreditation committee, staff and volunteers. 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 Robert Kane, an alternate member of the Golf Course Advisory Committee Appointments. B. Appointments Appointment Length of Term To Be Made Board Expiration Date I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(2) II McCray Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(2) IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3) III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled(2) Mayor Taylor Cemetery Board Alt 9 mo term to 12/07 Tabled(2) I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled(2) III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled(3) II McCray Community Relations Board Alt 9 mo term to 12/07 Tabled(2) I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(2) II McCray Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(2) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled(2) IV McKoy Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled(2) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled(2) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled(2) 2 Agenda Regular City Commission Boynton Beach, FL April 17, 2007 II McCray Library Board Alt 9 mo term to 12/07 Tabled(2) I Weiland Library Board Alt 9 mo term to 12/07 Tabled(3) III Rodriguez Planning & Development Board Reg 21 mo term to 12/08 Tabled(2) II McCray Planning & Development Board Alt 9 mo term to 12/07 Tabled(2) II McCray Recreation & Parks Board Reg 3 yr term to 4/08 Tabled(2) IV McKoy Recreation & Parks Board Alt 9 mo term to 12/07 Tabled(2) IV McKoy Senior Advisory Board Alt 9 mo term to 12/07 Tabled(2) Mayor Taylor Senior Advisory Board Alt 9 mo term to 12/07 Tabled(2) IV McKoy Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled(2) Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled(2) I Weiland Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled(2) 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 - March 30, 2007 2. Regular City Commission - April 3, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Multi-award Bid #036-1412-07/0D, "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications providing domestic merchandise and can provide commodity in a timely fashion to the warehouse for an estimated expenditure of $40,000. 2. Approve the contract to Grucci Fireworks of Brookhaven, New York to display our "ANNUAL JULY 4th FIREWORKS DISPLAY" in the amount of $40,000 to include the barge. (Proposed Resolution No. R07-041) C. Resolutions 1. Proposed Resolution No. R07-042 RE: Approving and authorizing execution of a cooperative agreement between the City of Boynton Beach and the Palm Beach County School Board for the mutual use of City Recreation and South Tech Academy facilities. 3 Agenda Regular City Commission Boynton Beach, FL April 17, 2007 2. Proposed Resolution No. R07-043 RE: Approving and authorizing execution of a property agreement between the City of Boynton Beach, Boynton Beach Property Partners and St. Mark Catholic Church to provide a mechanism to state the developer's intentions and the City's agreement to abandon. 3. Proposed Resolution No. R07-044 RE: Approving and adopting the Recreation and Parks Department Strategic Plan. 4. Proposed Resolution No. R07-045 RE: Approving and authorizing execution of an Animal Service Agreement between the City of Boynton Beach and Palm Beach County Animal Care and Control Division, for the reimbursement of certain costs associated with animal care and control services. 5. Proposed Resolution No. R07-046 RE: Approving the revision of the procedures governing expenditures of Community Investment Funds; rescinding conflicting provision of previous resolutions and policies governing the procedure for expenditures of Community Investment Funds. D. Approve the "ESTATES AT HERITAGE CLUB, PUD, REPLAT NO.1" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). E. Approve the purchase of combined insurance policies for petroleum storage tanks and environmental impairment liability for three-year period at guaranteed premium of $39,612.20 total for three years. F. Authorize the use of $2,000 for Boynton Beach Regional Symphony Orchestra from Mayor Taylor's Community Investment Funds. G. Authorize the use of $1,500 for Boynton Beach Head Start Program from Mayor Taylor's Community Investment Funds. H. Authorize the use of $1,000 for the Jayne E. Miller Nursing Scholarship Fund from Mayor Taylor's Community Investment Funds. VII. CODE COMPLIANCE &: LEGAL SETTLEMENTS: A. Accept the Settlement Agreement between the City of Boynton Beach and iStar Bowling Center for the recovery of staff's administrative costs and attorney's fees of $3,200 associated with Code Compliance Cases 98-2593 & 05-2118. (Proposed Resolution No. R07-047) 4 Agenda Regular City Commission Boynton Beach, FL April 17, 2007 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owners: Location: Description: B. Project: Agent: Owners: Location: Description: c. Project: Agent: Owners: Location: Descri ption: D. Project: Agent: Owners: Location: Description: Sausalito Groves (MPMD 07-003) Sausalito Place Homeowners Association, Inc. Sausalito Place Homeowners Association, Inc. North side of Gateway Boulevard, just west of Lawrence Road Request for Master Plan Modification for reduction in the rear yard setback for Lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for right-of-way lots from twenty-five (25) feet to fifteen (15) feet. Knollwood PUD (MPMD 07-004) Julian Bryan, Julian Bryan and Associates, Inc. DRHI, Inc. West side of Lawrence Road, immediately south of the LWDD L-20 Canal and approximately one (1) mile south of Hypoluxo Road. Request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. Dr. Mote's Physical Therapy Facility (NWSP 07-004) Jack Morgan, Morgan Properties Group, Inc. Mote Properties, LLC 3111 West Boynton Beach Boulevard north side of Boynton Beach Boulevard between the Bedding Barn on the east and Paz plaza on the west. Request for new site plan approval to allow construction of a 6,191 square foot medical office building and associated site improvements on a 0.601 acre parcel in a C-3 zoning district. Southern Dance Theatre (SPTE 07-004) Penni A. Greenly, Managing Member Southern Dance Theatre, Inc. 1203 Knuth Road Request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. IX. CITY MANAGER'S REPORT: A. Status report on MLK discussions with Intown 5 Agenda Regular City Commission Boynton Beach, FL April 17, 2007 B. Update of the American Assembly C. Status Report on the Property Tax Legislation D. Update on Cherry Hill Development - Palm Beach County Housing Authority X. FUTURE AGENDA ITEMS: A. Land Development Regulations Rewrites (May 1, 2007) B. Capital Improvement Plan status report (May 1, 2007) C. Water, Sewer and Stormwater Rate Study Report (May 1, 2007) D. Revision of Fire Codes (May 15, 2007) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-008 RE: Approving lobbyist regulations providing for title, purpose, definitions, registration, record of lobbying contacts, cone of silence, enforcement and penalties and repeal of laws in conflict. 2. Proposed Ordinance No. 07-009 RE: Amending Chapter 15 of the Code of Ordinances, "Offenses-Miscellaneous" to add a new Article XII, Titled "Loitering". C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-010 RE: Amending Section 18-181 of the Boynton Beach Code of Ordinances to expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments as permitted by Florida law. D. Resolutions: None 6 Agenda Regular City Commission Boynton Beach, FL April 17, 2007 E. Other: 1. Proposed Resolution No. R07-048 RE: Approving and authorizing execution of an agreement for Mitigation of Roadway Improvements between the City of Boynton Beach, FL and Boynton Industrial, LLC. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXIUARY 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 TWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 04/13/07 11:45 a.m. S: \CC\ WP\CCAGENDA \AGENDAS\ Year 2007\041707 Final Draft.doc 7 IlL-ANNOUNCEMENTS & PRESENTATIONS Item A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form 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 OtTice X 0 April 17,2007 April 2,2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May 1,2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) 0 June 5. 2007 May 14,2007 (Noon) D August 7. 2007 July 16,2007 (Noon) X D An n ou ncements/Presentations D City Manager's Report NA TURE OF 0 Adm in istrati ve 0 New Business AGENDA ITEM 0 0 Consent Agenda Legal 0 Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Announce the proposed Holiday Parade route for December 1,2007. EXPLANATION: The City of Boynton Beach proposed Holiday Parade route is as follows: line-up and disbursement on SE 4th Street, with the Holiday Parade traveling North in the Southbound lane of Federal Hwy. from SE I th A venue to East Ocean"A ve, where the parade turns West on E, Ocean and South on SE 4th St. PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from) Special Events Budget ~ City Manager's Signature LISA BRIGHT ... ----1..\?u- D,~rt~e]:~ ~ 9]J S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC .... ~ 1-~ ~ S'/'ltc; ;: z NW 4TH AVE :n NW 3RO AVe c oC~ z .,'" i ~~ 2007 HOLIDAY PARADE ROUTE NW 6TH AVE NW 6TH AVE NE 6TH AVE m ~ NE 5TH AVE V) .... .... .... V) V) c .... ~ ~ w w z NE 4TH AVE z .... V) .... .... ~ '" c NE JRD AVE w z Z N Z W m z ~ .... '" .... c v" ~ .~.,<.~ ~ II'" V) ~"NWsrH4VE ~ ~ ~ '" '" 11'", z z Il'/'lJl'-o/>.\JE ::;; ~ .... V) .... BOYNTON BEACH BLVD .... '" c ~ ;: W 1ST AVE W 2ND AVE W 3RD AVE SW4THAVE ~ '" z " '" .... 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V) Q ~ W ~ ll) Q <r '" w z NE 1ST AVE z m '" :0 C E OCEAN AVE~ V) m !ii c SE 1ST AVE !!l ll) .... ~ llJ SE3RDII: E .... SE 4TH A E lI) .... ll) llJ SE 5TH In m !!l V) .... .... ll) .... ~ w ll) E .... ll) ~~ w V)Q) ~ ~.-> '" '~'~~'l ~ ~ l:I llJ .... V) .... ~ w V) .... V) .... ~ w V) .... '" ll) m Q '" Z ;;0 N C W V) ll) .... WOOLBRIGHT RD NE 5TH AVE .... ., Q ~ w ., !': '" Q ~ <r -J : z z m .. .... '" V) zNE 1 ST AVE m .. .... ; 4- 1 ~ NE 6TH AVE lii ,... m " " Z ." m " ~ r '" ::;; i '" -' '" '" w c w u. z NE 2ND AVE NE 6TH AVE NE 4TH AVE z m 0> .... '" " .... z m ~ :I: V) .... SE 1ST AVE .... ., i= '" w ., SE 2ND AVE HORIZONS N i :I: o " N " z ll) ::;; ;: ., z o !:l <r o :I: w ., z g <r o ;r w ., z o !:; ll: o ;r HORIZONS S ~ 7TH AVE '" w z lL W '" ISLE RD CASTILLA LN RIVIERA DR .r~UG HARBOR DR RIVIERA DR ~ ~ w c w u. ll) ~ :I: ~ W C W U. '" Legend Malnroads Boynlon_ streets_arc E3City Boundary 12 06 Community Redevelopment Area _ Wale, III.-ANNOUNCEMENTS & PRESENTATIONS Item B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office X 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 Apri116,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) X D Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 0 Consent Agenda Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Announce the upcoming Oceanfront Concert. EXPLANATION: The City of Boynton Beach Presents a FREE concert Friday, April 20, 2007 from 6:00 - 9:00PM. The TotalI KontrolI Band will be performing live at Oceanfront Park on AlA just North of Ocean Avenue, Please bring your folding chair and dancing shoes, There will be food and beverage vendors available. There is free parking at Oceanfront Park and the shuttle will be running from the Bank of America lot on the comer ofE. Ocean Ave. and Federal Hwy, from 5:30 until 9:30PM · Friday, April 20, 2007, 6:00 PM - 9:00 PM at Oceanfront Park, 6415 N, Ocean Boulevard, Ocean Ridge. FREE ON THE HORIZION: Oceanfront Concert - Friday May 18, 2007, 6:00 - 9:00 PM - Free event Wednesday, July 4,2007 - Salute to Independence - Boynton Beach 4th of July Celebration - Boat Club Park. Live Music 6:30 - 9:00 PM and world famous Grucci Fireworks with choreographed musical score at 9:00 PM. Free Event PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: ~ 1 Department Head's S 19natur . P: '~ ,\,; . Department Name LISA BRIGHT KATHY BISCUIT! S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC moft)t ~~/~~ "'ON 0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOm III. ANNOUNCEMENTS & PRESENTATIONS Item 8.2 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 X Apri1l7,2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2,2007 (Noon) D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16,2007 (Noon) X Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing 0 RECOMMENDATION: To announce the Great American Cleanup/Earth Day will be held on Saturday, April 21, 2007 from 8:00 a,m. - 12:00 p,m. Volunteers are needed for this event. EXPLANATION: On Saturday, April 21 st City of Boynton Beach, Neighborhood Services Division will be hosting its 8th annual Great American Cleanup event. This is a county-wide event that is held in partnership with Keep Palm Beach County Beautiful, Inc., National Keep American Beautiful, Inc" Solid Waste Authority of Palm Beach County and municipalities across Palm Beach County; the City of Boynton Beach is a participating partner, Homeowners and neighborhood associations, faith base organizations, schools, civic group, and individuals will be participating in America's largest litter reduction and community improvement project held across the USA. Trash will be picked up in various neighborhoods and streets throughout the City of Boynton Beach. Contact Neighborhood Services office at (561) 742-6029 to volunteer. PROGRAM IMPACT: This event will help minimize litter in our city and will improve the city's image; instilling a sense of pride in our neighborhoods and placing focus on our need to keep our community free of trash and litter. FISCAL IMPACT: (Include Account Number where funds will come from): The cost for this event is estimated at less than $250.00 for additional supplies. Funds will be used from the Neighborhood Services Neighborhood Improvements account #001-2417-559-6334. Some supplies are provided by the Keep Palm Beach County Beautiful Program. The Boynton Beach CRA will also partner with the event and will provide food and water for volunteers, AL TERNA TIVES: Not to make the announcement 0' to host the Great Am:.iccananr leanup/Earth Day. J{~~- Department Head's Signature City Manager's Signature Assistant to City Manager ~ Neighborhood Services Division Department Name City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC R!Kt.Yll! Join usl Organize your family, neighbors, friends, schools, church or CIVIC or- ganizations to volunteer to cleanup or help with projects to improve your community and to preserve our precious environmental resources. Make plans now to join thousands of volunteers of all ages across America who will be tak- ing part in efforts to cleanup and improve their local communities this April. In celebration of Earth Day, local activities of the GREAT AMERICAN CLEANUP include a massive re- moval of litter and illegal dumping from our public spaces - - neighborhoods, roadways, wa- terways, parks, schools, etc. Additional community improvement activities include tree and landscape plantings and other beautification projects. Demonstrate your community pride by taking paIi in this annual effort to make Palm Beach County, the City of Boynton Beach and neighborhoods across America a safe, more enjoy- able place to live, work and play! **Community Service Hours Will Be Given** The GREA T AMERICAN CLEANUP, a project of Keep America Beautiful, is coordinated locally by Keep Palm Beach County Beautiful Inc., Solid Waste Authority (SWA) and the City of Boynton Beach. For more information please contact: City of Boynton Beach Neighborhood Services Division 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Telephone - (561) 742-6029 Fax - (561) 742-6259 Email: lyonst@ci.boynton-beach.fl.us or Keep Palm Beach County Beautiful Inc. www.keepPBCbeautiful.org Refreshments will be served at registration center at 12:00 noon ,- .tl 1) car ., . ct.';.) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlV III. ANNOUNCEMENTS & PRESENTATIONS Item B.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cay Clerk's Office Meeting Dates in to City Clerk's Office X April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4. 2007 (Noon) D May I. 2007 April 16, 2007 (Noon) D July 3,2007 June 18,2007 (Noon) 0 May 15.2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5. 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) X Ann ouncem en ts/Presen tat ions D City Manager's Report NA TURE OF D Administrative D New Business :.} ~_A'" AGENDA ITEM "'-'"', ..., --I D Consent Agenda D Legal '"...1 ~ ..,,<. -~-;... ..--, D Code Compliance & Legal Settlements D Unfinished Business J:.-':~ .,"'1 -;;;.J ..,,] D Public Hearing D w '-l 0 -( RECOMMENDA TION: To announce that the City of Boynton Beach, Neighborhood Services Division will be h~ng th~(; Youth in Government Day on May 3, 2007, where local high school students will have the opportunity to observe an,f" " participate in local government. This is an all day exercise that will culminate with a mock City Commission meetin){? ~.-2g~ conducted by the Youth in Government participants. ~ ~~ ~ EXPLANA TION: The Youth in Government Day will be held Thursday, May 3, 2007; there will be a welcome reception at 8:00 a.m. and the morning session starts at 9:00 a.m. until] :30 p.m. and the mock City Commission meeting starts at 6:30 p.m until 8:30 p.m. The City will partner with area high schools to recruit students to learn first-hand about our city government. Students will be assigned to various city departments and will work closely with an assign department liaison. The public is invited to attend the welcome reception, tour and the mock session to observe all of the participating youth experience first hand the management of city government. PROGRAM IMPACT: This program is designed to help high school students learn about municipal government and experience first hand the internal workings of managing city operations. It will also help students explore career and civic opportunities (e.g., job opportunities and advisories boards). FISCAL IMPACT: (Include Account Number where funds will come from): The cost for this event is estimated to be approximately $700.00 for refreshments, program materials and recognition awards. Expenditures will be charged to Neighborhood Services business meetings account #001-2417 -559-4012. t.TER~'\~.:~:0 Not tQ:m.!/~k~)~..~ a7~!ur.emjot~"o ho" Yooth;o GOVO,~~. 1 /,,\.(; !,l.}\l,:, \ /!;r/?~ It <' J L'JL~t . ~ . DepartmenfHead'siSignature City Manager's Signature ./ I' Assistant to City Manager ()Ml/ ,i Neighborhood Services Division Department Name City Attorney / Finance S\BULLETJ".JIFORMSIACjENDA ITEM REQUEST FORM.DOC City of Boynton Beach City of Boynton Beach, Neighborhood Services Division will be hosting the Youth in Government Day event on Thursday, May 3, 2007. Local high school students \vill have the opportunity to observe and participate in local government. The City will be hosting high school students from local high schools throughout the day as they learn first-hand about our city government. Students will be assigned to various city departments and will work closely with depart- ment staff. There will be two sessions; morning session will be depmi- mental assignments, the second session will be a mock commission meeting, where students are given the oppor- tunity to serve. The public is invited to attend the welcome reception, tour and the evening session to observe all of the participating youth experience first hand the internal workings of man- aging city operations. [\1"Y 0"" . ....\ r......... I ~\ .. .. .. ,J/ }- A~ '\;)'0 N ~ IlI.-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 City Clerk's Office Meeting Dates in to City Clerk's Office [8J April 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) [8J Announcements/Presentations 0 City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing 0 RECOMMENDA TION: Motion to approve Proclamation for Arbor Day - April 26, 2007, EXPLANATION: The idea for Arbor Day originally came from Nebraska. On January 4, 1872, J. Sterling Morton first proposed a tree-planting holiday to be called "Arbor Day" at a meeting of the State Board of Agriculture. The date was set for April 1 0, 1872. Prizes were offered to counties and individuals for planting properly the largest number of trees on that day. It was estimated that more than one milIion trees were planted in Nebraska on the first Arbor Day, During the 1870's, other states passed legislation to observe Arbor Day and the tradition began in schools nationwide in 1882, National Arbor Day is celebrated on the last Friday in April. It has been a tradition for the City to celebrate Arbor Day, This Proclamation is an important element in commemorating the day. PROGRAM IMPACT: Proclamation will heighten public awareness of the importance of planting and maintaining trees. FISCAL IMPACT: $500 ALTERNATIVES: Not approve Proclamation Public Works u~ City Manager's Signature Assistant to City Manager ~ tL~'~~ Department Head's Signature Department Name City Attorney I Finance S:\BULLET1N\FORMSIAGENDA ITEM REQUEST FORM.DOC WHEREAS, in 1872 J, Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 26, 2007 as: ARBOR DA Y in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 17th day of April in the Year 2007, Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) IIl.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.b 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 IX] April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May IS, 2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) IX] Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 0 Consent Agenda 0 Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Proclaim the week of April 29 through May 5, 2007 as "Municipal Clerks Week". EXPLANATION: In 1969, the International Institute of Municipal Clerks (lIMe) initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local government. Clerks help to administer the laws and services that directly affect the daily lives of our citizens. They are dedicated professionals who play an instrumental role in maintaining the efficiency and effectiveness of the public sector. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: The alternative to this recommendation would be to not issue this proclamation. City Manager's Signature Assistant to City Manager CJJ.yt; Department Name City Attorney / Finance SIBULLET1NIFORMSIAGENDA ITEM REQUEST FORM.DOC WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do recognize the week of April 29 through May 5, 2007 as "MUNICIPAL CLERKS WEEK" and further extend appreciation to our Municipal Clerk, Janet M. Prainito, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 17nth day of April in the Year 2007. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) 1II.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1H Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office L8J AprIl 17,2007 April 2, 2007 (Noon) D D May I, 2007 April 16,2007 (Noon) D D May 15,2007 Apnl 30, 2007 (Noon) D D June 5, 2007 May 14,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19,2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) July 17,2007 July 2, 2007 (Noon) August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM ~ Announcements/Presentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D Unfinished Business D RECOMMENDATION: Presentation announcing the Recreation and Parks Department's Senior Center's receipt of national accreditation through NISC (National Institute of Senior Centers). Request that the Mayor present certificates of appreciation to the Senior Center's accreditation committee, staff and volunteers. EXPLANA TION: On December 19, 2006, national accreditation was conferred by NISC to the Recreation and Parks Department Senior Center, making it one of only seven centers in the state, and the first in South Florida, which are accredited. Accreditation requires that senior centers demonstrate compliance with standards in nine categories, including Purpose, Community, Governance, Administration and Human Resources, Program Planning, Evaluation, Fiscal Management, Records and Reports and Facility, through a comprehensive self assessment manual and a site visit by a peer site reviewer representing NISC. The Recreation and Parks Department Senior Center met all required standards. PROGRAM IMP ACT: This demonstrates our commitment to providing the highest quality, effective and efficient services to our senior community. 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(l) ..-; ctt::~ ..-; ro ;::s o..:.....~ (l) V (l) U (l) > U 0 (l) ~ CV2 ro ~ FROM (TUE)APR 10 2007 4:04 V. ADMINISTRA nVE ITEM A. APRIL 8, 2007 TO: Mayor Taylor Re: Robert E. Kane It is with regret that I am resigning as an alternate from the Golf Advisory committee. I have sold my home and will be leaving Boynton Beach on Monday, April 9, 2007. I have enjoyed working with Dan and the committee and wish them well. I am sure the Links will continue to be a superior course with their leadership. APPLICANT ELIGIBLE FOR APPOINTMENT 4/17/07 V. ADMINISTRATIVE ITEM B. REVISED NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Aqency Board Agee Beverly Planning & 3/20/07 Development Boa rd Barnes Matthew Planning & Community Arts Commission 03/05/07 Development Board Redevelopment AQency Buchanan James (Buck) Community Redev. 7/10/06 AQency Board Cwynar William Planning & 02/28/07 Development Board Grcevic Sharon Planning & Community Code 02/27/07 Development Board Relations Board Compliance Board James Robert Senior Advisory 03/07/07 Board Lis Jeff Planning & Community 04/17/07 Development Bd. Redevelopment AQency Mendelsohn Sanford Arts Commission Library Board Community 03/08/07 Relations Board Scicchitano Frank Golf Course Adv. Bd. 04/11/07 1 VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [gJ April 17,2007 o May 1,2007 o May 15,2007 o June 5, 2007 o June 19,2007 o July 3, 2007 o July 17,2007 May 14, 2007 (Noon) 0 August 7, 2007 o AnnouncementslPresentations o Administrative [gJ o o April 16,2007 (Noon) June 18,2007 (Noon) April 2, 2007 (Noon.) June 4, 2007 (Noon) April 30, 2007 (Noon) July 2, 2007 (Noon) July 16, 2007 (Noon) City Manager's Report NATURE OF AGENDA ITEM Consent Agenda Code Compliance & Legal Settlements Public Hearing o o o o o New Business :r-:'''' --,...t Legal Unfinished Business I 1',) o ~ -:J ---..... N _.:i ,-r~ RECOMMENDATION: A motion to multi-award Bid# 036-1412-07/CJD, "ANNUAL SUPPLY Ql; B~:Ss FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, responsible bidder wlmimeetli;~l specifications providing domestic merchandise and can provide commodity in a timely fashion to our warehouse. Estimated expenditure of $40,000.00 CONTRACT PERIOD: APRIL 18, 2007 TO APRIL 17,2008 EXPLANATION: On February 21, 2007, Procurement Services opened and tabulated seven (7) proposals for the referenced bid. It is recommended to award this bid to multi-vendors as overall "Low Bidder". The evaluating factors used in determining the award were based on: price, brand name (Domestic Merchandise), vendor minimum shipping, and Warehouse processing time. Michael Dauta, Warehouse Manager, concurs with this recommendation (per memo attached). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to secure a source for the supply of brass fittings and accessories to be ordered on an "As Needed" basis and stocked in the warehouse for the use of several departments. FISCAL IMPACT: INVENTORY ACCOUNT: 502-00-141-00-0 Last year's expenditure was: $31,034.00. ESTIMATED EXPENDITURE: $40,000.00 ALTERNATIVES: Warehouse not stocking inventory and each department would order on an "As Needed" basis therefore, slowin e pro ess down. 0 .., ,ri Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Michael Dauta - Warehouse Manager File The City of Boynton Beach Finance Department WAREHOUSE DIVISION RECEIVED MAR G L 2007 PROCURi:;:.MENI ::'t:K\nCES )~ " .--'~ " , . " - NIl." _._,'1.....~-l"~.,.,....--.-,..~--:' TO: Bobby Jenkins, Assistant Director of Finance FROM: Michael Dauta, Warehouse Manager !UlLr-; DATE: March 8, 2007 SUBJECT: Brass Bid # 036-1412-07/CJD I reviewed the tabulation sheet sent from your office. The evaluating factors used were A) Pricing; B) Domestic Merchandise C) Warehouse processing time. My recommendation is a multi-award to overall low vendor by group. Last year's expenditures were $31,034. This year's expenditures will be an estimated $40,000. The increase is for upcoming projects utilities have planned. )(MuniciPal Water Works. Inc. I /// ~,,// v"" 1 ,2,3,4,5,6,~8,9" 1 0, 11 ,55,56,57,58,5?,60,61 ,62,63,64,65,66,67,68,69,70,71 ,72,77 ,78,79. 80,81,82,83,84,85,86,87,88,89,90,91,96,97,98,99,100,101,102,103,112,113,114,115,116, 117,118,119 jsunstate Meter & Supply. Inc. / . 12,13,14,15,16,17,18,19,20,21 ,22,23,24,25,26,27,32,33,73, 74,75, 76,92,93,94,95.126~ / I "I ~ /^" Fer2uson Enterprises (' l~e:7." ,{ Uty , ( ~_(_J /" f ) I ,./ 28,29,37,38,104,105,106,107,108,109,110,111,120,121,122,123,124,125 / HD Supply Waterworks. LTD /J ( /, / \./ j 30,31,34,35,36,52,53,54,55,56,57,58,59,60,65 ,66,67,68,69,70,71,72,77,78,79,80,81,82, 83,841 --1:, Mettallov Industries. Inc. ,/ ..,/ / 39,40,41,42,43,44,45,46,47,48,49,50,51 In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. Ferguson Enterprises Municipal Waterworks, Inc. Sunstate Meter & Supply, Inc. 25% ) / 40%/~ / 20% V v/ cc: Bill Mummert, Director of Finance [/) X H I'- 0 C C ~ ::l .0 0 ro f- e- -' [/) ui OJ C ~ f- "0" ~ 0:: 0 CJl a L.U "0" LL ~ L.U C'l ~ 0:: C'l Ul CD I'- a ...... OJ I'- ...... C"') N 0 00 co ..". ..". 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ZNCDOj;lll oNOCflenen ~ ~ ~ ~ LU <.9 z 0.. :Z z ffi to ~ ~ ~ ~ u..~a..<(CLLL U) ~ o "'0 C Q) > L[) C') CXl ......0. cO Y'Ty;. .,- N '<l: oq L[) CXl Y'T Y'T I'"- 0 ~ ~ g ~ oi C') I'"- ...... Y'T;;;Y'T;;; W~ ~~ 00 :to w:E ~:E <Co ~() z o I- a. i:i: () In W Cl ~ o 'A: :E w I- CD I'"- "! ~ OJ C') Y'Ty;. en 0 o o 0 o 0 o 0 ~ ~ o 0 o 0 o 0 ,... ,... to to ~ c.o x x ~ ~ o o ,... """ o III co """ <fJ X ~ o III co ::l .D CI: I- ((; Ol c B u:: (f) (f) eo cD o 0 "1 ~ I'"- .,- Y'T ;;; r- C- o, eo 0... ~ N o 0 o 0 o 0 ~ ~ o 0 o 0 6 6 ,... ,... to to '" o o 9 v o 9 o ,... to V to ,... 000 000 000 000 N N N 000 000 006 ,... ,... ,... to to to N ~ x x N N to x ~ , ~ 1:::! ~ ~ o o o III III III III a; <ll .r::. (f) en v o III N '" """ to to to Ln ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE.. Vendors: FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 ATTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 ATTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 ALTERNATE HD SUPPLY WATERWORKS, L TO 1101 WEST 17TH STREET RIVIERA BEACH, FL 33404 ATTN: SUSAN HELMS PHONE: 561-848-4396 FAX: 561-845-7267 Sheet 1 Page 8 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: ITEMtI QTY. 84 20 2" DESCRIPTON WAREHOUSE COMMODITY # 670-015-00005 Sheet 1 FERGUSON ENTERPRISES FERGUSON ENTERPRISES 2361 NW 22ND STREET 2361 NW 22ND STREET POMPANO BEACH, FL 33069 POMPANO BEACH, FL 33069 ATTN: JASON MUELLER ATTN: JASON MUELLER PHONE: 954-973-8100 PHONE: 954-973-8100 FAX: 954-960-0095 FAX: 954-960-0095 ALTERNATE $13.23 $13.23 Pagp () HD SUPPLY WATERWORKS, L TO 1101 WEST 17TH STREET RIVIERA BEACH, FL 33404 ATTN: SUSAN HELMS PHONE: 561-848-4396 FAX: 561-845-7267 Brass Fittings T abulati('- "7.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 ATTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 ATTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 ALTERNATE HD SUPPLY WATERWORKS, L TO 1101 WEST 17TH STREET RIVIERA BEACH, FL 33404 ATTN: SUSAN HELMS PHONE: 561-848-4396 FAX: 561-845-7267 92 5 3/4" X 1" "L" COUPLlNG_3/4" FEMALE 670-009-00001 $11 .23 $10.26 $10.13 COPPER FLAIR X PACK JOINT 1" FD#L04-34 93 5 1" X 1" "L" COUPLING -1" FEMALE 670-009-00002 $16.65 $15.22 $15.02 COPPER FLAIR X PACK JOINT 1" FD#L04-44 94 5 1 1/2" MIP FORD L 84-68 670-009-00003 95 5 2 MIP FORD L 84-77 670-009-00004 Sheet 1 Page 10 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: FERGUSON ENTERPRISES FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 2361 NW 22ND STREET 2361 NW 22ND STREET 1101 WEST 17TH STREET POMPANO BEACH, FL 33069 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 ATTN: JASON MUELLER ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 954-973-8100 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 954-960-0095 FAX: 954-960-0095 FAX: 561-845-7267 WAREHOUSE ALTERNATE TEMtI QTY. DESCRIPTON COMMODITY # 101 100 1" FORD #C44-44 670-010-00002 $10.44 $9.55 $9.42 102 5 1 1/2" FORD #C44-66 670-010-00003 $31.93 $29.19 $28.81 103 5 2" FORD #C44-77 670-010-00004 $43.11 $39.42 $38.89 Sheet 1 Pagp ~ 1 Brass Fittings Tabula!; ')7,ls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 ATTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 A TTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 AL TERN A TE HD SUPPLY WATERWORKS, L TO 1101 WEST 17TH STREET RIVIERA BEACH, FL 33404 ATTN: SUSAN HELMS PHONE: 561-848-4396 FAX: 561-845-7267 $27.26 $5.37 $5.37 $6.83 $6.83 $10.24 $10.24 $14.12 $20.63 $11.13 $7.79 $11.61 $8.87 $15.58 $12.60 $15.19 114 5 3/4" X 7" FD#V42-7W 670-061-00004 $44.86 $41.02 $40.4 7 115 5 3/4" X 12" FD #V42-12W 670-061-00005 $47.02 $42.99 $42.42 116 10 3/4" X 15" FD #V42-15W 670-061-00006 $48.99 $44.79 $44.20 117 5 1" X 10" FD #V44-10W 670-061-00007 $85.66 $78.31 $77.28 118 5 1" X 12" FD #V44-12W 670-061-00008 $87.69 $80.18 $79.12 119 5 1" X 18" FD #V44-18W 670-061-00009 $104.68 $95.71 $94.44 Sheet 1 Page 12 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 A TTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 FERGUSON ENTERPRISES 2361 NW 22ND STREET POMPANO BEACH, FL 33069 A TTN: JASON MUELLER PHONE: 954-973-8100 FAX: 954-960-0095 AL TERNA TE HD SUPPLY WATERWORKS, LTD 1101 WEST 17TH STREET RIVIERA BEACH, FL 33404 ATTN: SUSAN HELMS PHONE: 561-848-4396 FAX: 561-845-7267 Specification check off sheets submitted YES YES SEE NOTATIONS YES SEE NOTATIONS Anti-Kickback Affidavit Submitted YES YES YES Confirmation of Minority YES/NOT A MINORITY YES/NOTA A MINORITY YES/NOT A MINORITY Owned Business Submitted OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS Confirmation of Drug Free Workplace Submitted YES YES YES Comments * See Remarks Sheet 1 Pagp ~ '1 Brass Fittings Tabula!' '17.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: FERGUSON ENTERPRISES FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 2361 NW 22ND STREET 2361 NW 22ND STREET 1101 WEST 17TH STREET POMPANO BEACH, FL 33069 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 ATTN: JASON MUELLER ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 954-973-8100 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 954-960-0095 FAX: 954-960-0095 FAX: 561-845-7267 WAREHOUSE ALTERNATE TEMtI QTY. DESCRIPTON COMMODITY # $4,500.00 FOR Ford Brass $0.00 For All Other Items Sheet 1 Page 14 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 N.W. 29TH STREET MIAMI, FL 33127 A TTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # TEMtl QTY. DESCRIPTON METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 NO BID NO BID 2 50 3/4" X 1" COMPo ADAPTOR FORD #C84-34 670-060-00004 NO BID NOBID 3 200 1" MIP X COMPo ADAPTOR FORD #C84-44 670-060-00005 NOBID NO BID 4 100 1 1/2" MIP X COMPo ADAPTOR FORD #C84-66 670-060-00006 NO BID NO BID 5 100 2" MIP X COMPo ADAPTOR FORD #C84-77 670-060-00007 NO BID NOBID 6 50 3/4" FIP X COMPo ADAPTOR FORD #C14-33 670-060-00008 NOBID NOBID 7 25 3/4" FIP X 1" COMPo ADAPTOR FORD #C14-34 670-060-00009 NOBID NO BID 8 25 1" FIP X COMPo ADAPTOR FORD #C14-44 670-060-00010 NO BID NO BID NO BID NO BID 12 50 1" BALL CORP. CC THREAD FORD #FB-1000 670-020-00001 670-020-00002 NO BID NO BID NO BID 13 5 1 1/2" BALL CORP. CC THREAD FORD #FB-1000 14 10 2" MALE IRON PIPE 670-020-00003 Sheet 2 Pa9r ~ NO BID NOBID NOBID $27.44 $56.23 $92.98 Brass Fittings Tabulat' "7 xis ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING METALLOY INDUSTRIES INC. MUNICIPAL WATER WORKS, INC. SUPPLY, INC. P.O. BOX 1150 3028 MERCY DRIVE 230 N.W. 29TH STREET ALACHUA, FL 32616 ORLANDO, FL 32808-3139 MIAMI, FL 33127 ATTN: GLENN BLUMBERG, JR. ATTN: DEBRA L. MATHIS ATTN: DENNIS LEHMAN PHONE: 386-418-1088 PHONE: 407-295-2400 PHONE:305-576-3054 FAX: 386-418-1288 FAX: 407-295-2455 WAREHOUSE FAX: 305-576-3066 TEMtl QTY. DESCRIPTON COMMODITY # 15 I 10 b" CC THREAD 670-020-00004 NOBID NO BID $92.98 Sheet 2 Page 2 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING METALLOY INDUSTRIES INC. MUNICIPAL WATER WORKS, INC. SUPPLY, INC. P.O. BOX 1150 3028 MERCY DRIVE 230 NW. 29TH STREET ALACHUA, FL 32616 ORLANDO, FL 32808-3139 MIAMI, FL 33127 ATTN: GLENN BLUMBERG, JR. ATTN: DEBRA L. MATHIS ATTN: DENNIS LEHMAN PHONE: 386-418-1088 PHONE: 407-295-2400 PHONE:305-576-3054 FAX: 386-418-1288 FAX: 407-295-2455 WAREHOUSE FAX: 305-576-3066 COMMODITY # 16 100 3/4" FORD #B41-333W 670-052-00008 NOBID NOBID $25.98 17 200 1" FORD #B41-444WG 670-052-00009 NO BID NOBID $39.42 18 10 FIP X METER 3/4" B91-223W 670-052-00010 NO BID NOSID $15.94 19 25 BV 3/4" COMP (CTS) X FORD YOKE #B94-223W 670-052-00011 NO SID NOSID $19.39 20 100 BV1" COMP (CTS) X FORD YOKE #B94-344W 670-052-00012 NO SID NOSID $34.45 21 50 3/4" FORD #BL 11-233W 670-052-00001 NO BID NOBID $15.40 22 50 3/4" FORD #B11-233W 670-052-00002 NOBID NOBID $14.55 23 50 1" FORD #BL 11-344W 670-052-00003 NOBID NOBID $29.23 24 40 1" FORD #B11-444WG 670-052-00004 NOBID NOSID $35.41 25 50 1 1/2" BALL VALVES FIP X FIP #B11-666 670-052-00005 NOBID NOBID $64.58 26 100 2" BALL VALVES FIP X FIP #B11-777 670-052-00006 NO BID NOBID $94.44 5 2" GATE VALVE OPERATING NUT FORD #QT67 670-052-00007 NO BID NOSID $7.92 28 10 1 1/2" BRASS GATE VALVE 670-052-00013 $44.55 NOSID NOSID 29 25 2" BRASS GATE VALVE 670-052-00014 $53.81 NO BID NO BID Sheet 2 Pagp ~ Brass Fittings Tabulati. 7xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 31 400 1"TAIL PIECElFD YOKE FD #C91-44 FIP X METER 670-063-00002 NOBID NOBID NO SID NOBID $3.65 $6.03 30 100 3/4" TAIL PIECES/FORD YOKE FORD #C91-23 670-063-00001 Sheet 2 Page 4 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P,M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 A TTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 39 100 670-004-00001 $16.37 $11.89 40 50 3/4" X2 670-004-00002 $1.66 $1.55 41 100 3/4" X4" 670-004-00003 $2.90 $2.69 42 25 3/4" X6" 670-004-00004 $4.23 $3,94 43 200 1" X2" 670-004-00005 $2.40 $2.23 44 50 1" X4" 670-004-00006 $4.20 $3.91 Sheet 2 Par - c; Brass Fittings Tabula! ')7 xis ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 Vendors: TEMtI QTY. DESCRIPTON 45 50 1" X6" 50 11/2"X2" 670-004-00007 670-004-00008 46 Sheet 2 $6.18 $4.10 Page 6 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 $5.75 $3.82 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2007 BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 036-1412-07/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." 670-004-00009 $7.36 $6.85 670-004-00010 $10.87 $10.13 670-004-000 11 $5.81 $5.41 670-004-00012 $9.47 $8.82 $13.98 $13.02 Vendors: LEHMAN PIPE & PLUMBING SUPPL Y, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # TEMtl QTY. DESCRIPTON 47 100 1 1/2" X 4" 48 50 1 1/2" X 6" 49 50 2" X 2" 50 100 2" X4" METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 A TTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 670-002-00003 670-002-00004 670-002-00006 670-002-00007 Sheet 2 Par 7 Brass Fittings Tabula" 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2007 BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 036-1412-07/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." DESCRIPTON LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 Vendors: 1" 1 1/2" Sheet 2 Page 8 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21, 2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # 670-015-00005 $11.11 TEMtl QTY. 84 20 2" DESCRIPTON Sheet 2 Pafl" q METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 $12.23 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 Brass Fittings Tabula+ 07 xis ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # DESCRIPTON METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA. FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 92 5 3/4" X 1" "L" COUPLlNG-3/4" FEMALE 670-009-00001 NOBID NOBID NOSID COPPER FLAIR X PACK JOINT 1" FD#L04-34 93 5 1" X 1" "L" COUPLING -1" FEMALE 670-009-00002 NOSID NO BID $14.37 COPPER FLAIR X PACK JOINT 1" FD#L04-44 94 5 1 1/2" MIP FORD L 84-68 670-009-00003 NO BID NOBID $31 .28 95 5 2 MIP FORD L 84-77 670-009-00004 NO SID NO BID $44.83 Sheet 2 Page 10 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD Vendors: TEMtl QTY. 101 100 102 5 103 5 Sheet 2 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." LEHMAN PIPE & PLUMBING SUPPL Y, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # 670-010-00002 670-010-00003 670-010-00004 DESCRIPTON 1" FORD #C44-44 1 1/2" FORD #C44-66 2" FORD #C44-77 NO SID NO BID NO BID Pagp 11 METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 A TTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 NOBID NO SID NO BID MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 Brass Fittings Tabulat;~' 07.xis ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." DESCRIPTON LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 N.W. 29TH STREET MIAMI, FL 33127 A TTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 Vendors: 104 5 2 BOLT DRESSER 2"/CAST IRON PIPE 105 5 3/4" X 3"(3)PIECE DRESSER COMP/GALV.PIPE 106 5 3/4" X 6" 107 5 1"X4" 108 5 1" X6" 109 5 1 1/2" X 4" 110 5 11/2"X6" 111 5 2" X 6" 670-058-00001 $37.65 NOSID $21.30 670-058-00002 $14.41 NO BID $11.49 670-058-00003 $10.10 NO SID $8.04 670-058-00004 $15.04 NO BID $11.99 670-058-00005 $11.49 NO SID $9.16 670-058-00008 $20.18 NO SID $16.09 670-058-00009 $16.33 NO BID $13.01 670-058-00010 $19.68 NO BID $15.68 3/4" X 7" FD#V42-7W 670-061-00004 NOSID NOSID 3/4" X 12" FD #V42-12W 670-061-00005 NOSID NO SID 3/4" X 15" FD #V42-15W 670-061-00006 NOSID NO SID 1" X 10" FD #V44-10W 670-061-00007 NOBID NOBID 1" X 12" FD #V44-12W 670-061-00008 NO BID NO BID 1" x 18" FD #V44-18W 670-061-00009 NOSID NOSID Sheet 2 Page 12 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD Vendors: 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." LEHMAN PIPE & PLUMBING SUPPLY, INC. 230 NW. 29TH STREET MIAMI, FL 33127 ATTN: DENNIS LEHMAN PHONE:305-576-3054 WAREHOUSE FAX: 305-576-3066 COMMODITY # METALLOY INDUSTRIES INC. P.O. BOX 1150 ALACHUA, FL 32616 ATTN: GLENN BLUMBERG, JR. PHONE: 386-418-1088 FAX: 386-418-1288 MUNICIPAL WATER WORKS, INC. 3028 MERCY DRIVE ORLANDO, FL 32808-3139 ATTN: DEBRA L. MATHIS PHONE: 407-295-2400 FAX: 407-295-2455 126 5 2" RESILIENT SEAT IP THREAD GATE VALVE OFF LIST PRICE Specification check off sheets submitted Anti-Kickback Affidavit submitted Confirmation of Minority Owned Business Submitted Confirmation of Drug Free Workplace Comments Sheet 2 YES YES YES YES/EXPIRED NOTARY YES SEAL YES/NOT A MINORITY YES/NOT A MINORITY YES! WOMEN OWNED BUSINESS OWNED NO CERTIFICATION YES YES YES Pap" 13 Brass Fittings Tabula!" - 07 xis ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21, 2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING METALLOY INDUSTRIES INC. MUNICIPAL WATER WORKS, INC. SUPPLY, INC. P.O. BOX 1150 3028 MERCY DRIVE 230 N.W. 29TH STREET ALACHUA, FL 32616 ORLANDO, FL 32808-3139 MIAMI, FL 33127 ATTN: GLENN BLUMBERG, JR. ATTN: DEBRA L. MATHIS A TTN: DENNIS LEHMAN PHONE: 386-418-1088 PHONE: 407-295-2400 PHONE:305-576-3054 FAX: 386-418-1288 FAX: 407-295-2455 WAREHOUSE FAX: 305-576-3066 TEMtl QTY. DESCRIPTON COMMODITY # Sheet 2 Page 14 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST A TE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 A TTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 100 3/4" MIP X COMPo ADAPTOR FORD #C84-33 670-060-00003 $6.30 2 50 3/4" X 1" COMPo ADAPTOR FORD #C84-34 670-060-00004 $6.95 3 200 1" MIP X COMPo ADAPTOR FORD #C84-44 670-060-00005 $7.45 4 100 1 1/2" MIP X COMPo ADAPTOR FORD #C84-66 670-060-00006 $18.65 5 100 2" MIP X COMPo ADAPTOR FORD #C84-77 670-060-00007 $27.20 6 50 3/4" FIP X COMPo ADAPTOR FORD #C14-33 670-060-00008 $6.60 7 25 3/4" FIP X 1" COMPo ADAPTOR FORD #C14-34 670-060-00009 $7.80 8 25 1" FIP X COMPo ADAPTOR FORD #C14-44 670-060-00010 $9.00 9 200 3/4" X 1" ADAPTOR FORD #A24 670-060-00011 $11.20 13 5 1 1/2" BALL CORP. CC THREAD FORD #FB-1000 670-020-00002 14 10 2" MALE IRON PIPE 670-020-00003 Sheet 3 Par 1 Brass Fittings Tabula" 07x!s ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2007 BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM BID# 036-1412-07/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST A TE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 TEMtl QTY. DESCRIPTON WAREHOUSE COMMODITY # 15 10 2" CC THREAD 670-020-00004 Sheet 3 Page 2 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNSTATE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 17 200 1" FORD #B41-444WG 670-052-00009 18 10 FIP X METER 3/4" B91-223W 670-052-00010 19 25 BV 3/4" COMP (CTS) X FORD YOKE #B94-223W 670-052-00011 22 50 3/4" FORD #B 11-233W 670-052-00002 23 50 1" FORD #BL 11-344W 670-052-00003 24 40 1" FORD #B11-444WG 670-052-00004 25 50 1 1/2" BALL VALVES FIP X FIP #B11-666 670-052-00005 26 100 2" BALL VALVES FIP X FIP #B11-777 670-052-00006 28 10 1 1/2" BRASS GATE VALVE 670-052-00013 NO SID NO SID 29 25 2" BRASS GATE VALVE 670-052-00014 Sheet 3 Pa("'~ 1 Brass Fittings Tabula' Ofx!s ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2007 BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM BID# 036-1412-07/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST A TE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 WAREHOUSE COMMODITY # 30 100 314" TAIL PIECES/FORD YOKE FORD #C91-23 670-063-00001 $3.50 $5.75 31 400 1 "TAIL PIECElFD YOKE FD #C91-44 FIP X METER 670-063-00002 Sheet 3 Page 4 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST A TE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 TEMtl QTY. WAREHOUSE COMMODITY # DESCRIPTON 39 100 3/4" X 18" 670-004-00001 $12.84 40 50 3/4" X 2 670-004-00002 $1.66 41 100 3/4" X4" 670-004-00003 $2.91 42 25 3/4" X 6" 670-004-00004 $4.25 43 200 1"X2" 670-004-00005 $2.41 44 50 1" X4" 6 70-004-00006 $4.37 Sheet 3 Par - ') Brass Fittings TClhula' (11,: ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2007 BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM BID# 036-1412-07/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST ATE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 45 50 1" X6" 670-004-00007 $6.43 46 50 11/2" X2" 670-004-00008 $4.27 Sheet 3 Page 6 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNSTATE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 TEMtl QTY. DESCRIPTON 47 100 11/2" X4" 48 50 11/2" X 6" 49 50 2" X 2" 50 100 2" X4" 51 50 2" X6" WAREHOUSE COMMODITY # 670-004-00009 $7.66 670-004-00010 $11.32 670-004-00011 $6.05 670-004-00012 $9.86 670-004-00013 $14.57 55 200 1" X 3/4" 670-012-00001 $2.10 56 5 11/4" X 1" 670-012-00002 $7.75 57 10 11/2" X 1" 670-012-00003 $7.75 58 20 2" X 3/4" 670-012-00004 $8.10 59 20 2" X 1" 670-012-00005 $7.50 60 20 2" X 1 1/2" 670-012-00006 $22.95 61 5 3/4" 670-002-00003 $2.51 62 5 1" 670-002-00004 $4,56 63 5 1 1/2" 670-002-00006 $10.53 64 5 2" 670-002-00007 $18.04 Sheet 3 Pcor 7 Brass Fittings T abul?' U 7 <I..' ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2007 BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM BID# 036-1412-07/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: WAREHOUSE COMMODITY # 81 82 83 15 3/4" 5 1" 10 11/2" 670-015-00001 670-015-00002 670-015-00004 Sheet 3 SUNSTATE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 $2.51 $4.02 $7.03 Page 8 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNSTATE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 84 I 20 12" 670-015-00005 $11.52 Sheet 3 Par- g Brass FittinGs Tabule" ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST A TE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 TEMtl QTY. DESCRIPTON WAREHOUSE COMMODITY # 93 3/4" X 1" "L" COUPLlNG-3/4" FEMALE COPPER FLAIR X PACK JOINT 1" FD#L04-34 5 1" X 1" "L" COUPLING -1" FEMALE COPPER FLAIR X PACK JOINT 1" FD#L04-44 1 1/2" MIP FORD L 84-68 2 MIP FORD L 84-77 670-009-00002 Sheet 3 Page 10 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST A TE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 A TTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 101 100 1" FORD #C44-44 670-010-00002 $9.40 102 5 1 1/2" FORD #C44-66 670-010-00003 $28.75 103 5 2" FORD #C44-77 670-010-00004 $38.80 Sheet 3 Pa(lA 11 Brass Fittings Tabula': ,,0" ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNST A TE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 TEMtl QTY. DESCRIPTON WAREHOUSE COMMODITY # 104 5 2 BOLT DRESSER 2"/CAST IRON PIPE 670-058-00001 NO SID 105 5 3/4" X 3"(3)PIECE DRESSER COMP/GALV.PIPE 670-058-00002 NO SID 106 5 3/4" X 6" 670-058-00003 NOSID 107 5 1" X4" 670-058-00004 NO BID 108 5 1" X 6" 670-058-00005 NO SID 109 5 1 1/2" X 4" 670-058-00008 NO BID 110 5 11/2" X6" 670-058-00009 NO SID 111 5 2" X6" 670-058-00010 NO BID 114 5 3/4" X 7" FD#V42-7W 670-061-00004 $40.40 115 5 3/4" X 12" FD #V42-12W 670-061-00005 $42.30 116 10 3/4" X 15" FD #V42-15W 670-061-00006 $44.10 117 5 1" X 10" FD #V44-10W 670-061-00007 $77.10 118 5 1" X 12" FD #V44-12W 670-061-00008 $78.95 119 5 1" X 18" FD #V44-18W 670-061-00009 $94.20 Sheet 3 Page 12 Brass Fittings Tabulation 07.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: FEBRUARY 21, 2007 BID DUE TIME: 5:00 P.M. BID# 036-1412-07/CJD 2007 OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNSTATE METER & SUPPLY, ING. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 DESCRIPTON WAREHOUSE COMMODITY # 126 5 2" RESILIENT SEAT IP THREAD GATE VALVE OFF LIST PRICE Specification check off sheets submitted *YES Anti-Kickback Affidavit submitted YES Confirmation of Minority Owned Business Submitted YES/NOT A MINORITY OWNED BUSINESS Confirmation of Drug Free Workplace YES Comments *SEE NOTATIONS Sheet 3 Pa(1~ 13 Brass Fittings Tabula' ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2007 BID DUE DATE: FEBRUARY 21,2007 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIM BID# 036-1412-07/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RI TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: SUNSTATE METER & SUPPLY, INC. 14001 W. NEWBERRY ROAD NEWBERRY, FL 32669 ATTN: AL ELLENBURG TELEPHONE 1-800-342-3409 FAX 352-332-5604 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # Sheet 3 Page 14 Brass Fittings Tabulation 07.xls 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 ~ April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May 1, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) ('~-:) -..- -_.J ...< D D D D N Public Hearing D w -=:. ic-g c:; ;:...;"~ ~ RECOMMENDATION: A motion to approve the expenditure to Grucci Fireworks of Brookhaven, New York, fit display our "ANNUAL JULY 4TH FIREWORKS DISPLAY" in the amount of: $40,000.00 to include the barge. NATURE OF AGENDA ITEM D D ~ D D Administrative Announcements/Presentations City Manager's Report New Business I 1'-.) :;J .'::'1 Consent Agenda Legal Unfinished Business -::J ---; Code Compliance & Legal Settlements C) EXPLANATION: On March 7, 2007, the bid opening was scheduled for the Annual July 4th Fireworks Display, RFP#038-2710-07/JA. Unfortunately, there were no proposals submitted. We received three "No Bids". The Procurement Services Department has made every attempt to try and piggy-back other local entities bids but to no avail and time would not allow us to rebid. Kathy Biscuiti, Special Events Manager, contacted Grucci Fireworks, New York and they agreed to perform the fireworks display for the City of Boynton Beach for the budgeted amount, meeting all specifications and came highly recommended by the City of Delray Beach. PROGRAM IMP ACT: The purpose of this proposal was to seek a qualified operator to furnish the fireworks display on July 4, 2007, at the Boat Club Park. FISCAL IMPACT: ACCOUNT DESCRIPTION: Special Events ACCOUNT#: 001-1213-519-48-24 BUDGET: $40,000.00 ALTERNATIVES, W, would have uo other cho.., hut to can,,' th, n"W/diSPlay ror th, Fourth or July. ~ ty Manager's SIgnature (l City Attorney Finance Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Kathy Biscuitti - Special Events Manager File REVISED 04/03/07 MEMORANDUM #07-40 To: Bobby Jenkins, Assistant Finance Director From: Mary L. DeGraffenreidt, Senior Recreation Manager;1~ Date: April 3, 2007 SUBJECT: Recommendation of Firework Company The Recreation and Parks Department recommends awarding the 4th of July fireworks bid to Fireworks by Grucci. This vendor was highly recommended by the City of Delray Beach for providing excellent services. The bid process initiated by the City did not yield any responses, and due to limited time, the City will not be able to initiate another bid process. Fireworks by Grucci has also volunteered to secure the barge that is essential to shooting off the fireworks. Your review and approval will allow the Special Events Cooperative Team and the Purchasing Division to move forward with awarding this proposal. Thank you. /md xc: File Special Events Cooperative Team: Wally Majors, City of Boynton Beach Jody Rivers, City of Boynton Beach Virginia Shea, City of Boynton Beach Kathy Biscuiti, CRA Margee Adelsperger, CRA NAME OF BID: "ANNUAL JULY 4TH FIREWORKS DISPLAY" BID DATE: MARCH 7, 2007 BID # 038-2710-07/JA STATEMENT OF "NO BID" LISTING PYRO ENGINEERING BY BAY FIREWORKS OUR PRODUCT SCHEDULE WOULD 110 ROUTE 110, SUITE 102 NOT PERMIT US TO PERFORM HUNTINGTON STATION, N.Y., 11746 PYROTECNICO SPEClFICATIONS UNCLEAR. YOU P.O. BOX 149,299 WILSON RD, NEED TO GNE US A BUDGET. A 20 MINUTE SHOW COST CAN VARY NEW CASTLE, PA. 16103 GREATLY DEPENDING ON THE STYLE OF PRESENTATION. ZAMBELLI FIREWORKS WE' ARE ALREADY BOOKED FOR ONE WEST CAMINO REAL BL YD. STE 100 SHOWS OF THIS NATURE BOCA RATON, FL 33432 w Slaw otUbGrty Cent9llnial JUly 4-11i, 1986 II !J. Amer1cll', MlUunni1.lm Was/llnglOn. DC .1"'" ~ ~- . l ' The CATS Company New Vorl< CIty -- lI.'.lIlfllW1 Aloha Tower Malkelplace TheOmaha.WorJd.Herald RosenblaU Stadium HatbodG$l l"'krWAnn' ('In t/'Ul I AkA Presidential Fireworks Producer - 1981 to Present FIREWORKS BY March 26, 2007 Ms. Kathy Biscuiti Special Events Manager City of Boynton Beach 915 South Federal Hwy Boynton Beach, FL 33435 Dear Kathy: As you requested earlier, this letter and the following pages serve as the documents that describe the planned July 4th 2007 fIreworks for the City of Boynton Beach, Florida. Fireworks by Grucci will provide one State class fIreworks show on W ~Pnesday July 4th, 2007 at a discounted rate of $40,000. In addition to the fIreworks, fIring equipment, insurance and pyrotechnician labor, this includes synchronized music plus tug and barge services estimated at $8,000. The following pages explain and detail the extent of the services that Grucci will provide to the City of Boynton Beach. In order to confIrm and reserve your show date, please submit a 50% deposit in the amount of $20,000 on or before April 6th. The remaining 50% balance of $20,000 will be due and payable on or before June 30th, 2007. Please fee free to contact us for further documentation and clarifIcation. We all look forward to an exciting new relationship with you and the City of Boynton Beach! ! Many Thanks, ~t!~'}~ Scott Cooper Account Executive America's First Family of Fireworks - since 1850 Fireworks by Grucd One Grucci Lane Brookhaven, New York 11719 website: www.gruccLcom EmaiL: info@grutci.com 631-286-0088 Fax: 286-9036 800-227-0088 c :~, fL" ,.:~:I 1'" ',' ~~l ~,i ,l;~~ab~~~>rep~e~~ni~,al~Z1t~~~tfde . 'fy,O ,%1., ~~~~J3.ea~lJ; '.As ~,;~ch we req~~s~,~iollqving pr~(J!t~fio,~'{~e11Jf Cas~pplic~b/e): ~i a~g~ /~ad:''i,!:site, marinf!;po/{ter& fire depar f(~Y ,~e1~!~s; 13~yi1ton Beach .fi~eworksperm h ~d rental equipmentfor music :$if!luz,c~s, apd com ions~. ',..,.:.<' ': ,:- ,.. ',: i::,;, '.'_,;. "",:; ..::"::t~... ~:. .'~. . ~.' :.... .. v%l " ;0....,_ ,'*" 1r:ii~aterfosts areestimate(Jat$8,OOrJj~s ~j'Ma~ch /6, 2007;whi~h includes tu?boatserviq~i'!.' im" in':;horeaeck barge mobilizati01i and iJemobilizationjor five days. Sh~u/d,mCrrket iitjlue~ce's' "("_ , :"::' c, .'_~, .. .. " '< ",:..: "- ._.:. .. ,Y, ,_.. :: '_ '_.' " .. _,':, __ --h.. ...... .. :.,' d' , .. T[cy::tup/cosi, Gruccl wi//subr;lita~ invq~ce f9c7j;'/he;'difJerenceto the Cityfo!:~l:.~imbur:~eJfie,lt..shou , rate decrease Grucciwil! increase theampiintoj fireworks e.ff~cts according/i', . ~~'TC' , ' ,,<. ~~' '0' '~~-y; '" -,. ,',' ~L J" ~:' "<tl\~ ;~GrucciJFir~wo~ks Pro/lratfis: Our State,"of-~h~-Art style of displaying the frr~~ork~.thatj~a~ Vi the "wh~:~ who'~,~;in ~eric~'s elite. even!s' 1nclud.Ulg' '~,~c~,?re In~lUguratlons.' ,i' : _"'- ">):'" _~': _.,.__ ,1:-, _ _.'f"! . ~:qk" .J5tt~~ International variety of high aerial shells and6ra~d Illll$iF1at~q purchased frorri"th]bestshell mafers in theworldwlUbe"dls,p i" 'fd: 3. The in-studio cueing of the fir~\Vor~s~o thes,~leded.rqBSi.' style of choreography that ~ill.:have Jhe fireworks dah9m tunes of the music.' ,i' .,< "n q ,;. ;.tij_L~ 4. Electronic. firing of all. positfons,' .,'ing our; exclusive: and ue.,Eir Center (FCC). This firing, system design~d."tQ f\lnction~' ... .... y#!~ weather - wet, cold or hot, is build usinginllit~ sJ2fi1.9'~~fltiq:rl:~' anphenal coupling. This is,the most relJable frring syst~fn;'ih;;\'tse'i industry.". ,. ., '" +t,T.i.':' 5. Licensed and experience proi~ssional staffwi1Lset~up an4;fff~ ~oud:~~~ staff consists of an ~?,ecutive ,.producer, Ghi~fiPYr8tecli~.fclanWian' Pyrotechnicians.' . 6. Apply for and secure the required feder~I, st'!t~ or,.iJocallicen~esnM" including Boynton BeachFire"Yor~s permit, lJSC9as!'Uuard,.,FM, Fl~ ';-,- -- . u," .;. ., ... .-' '-*' ". <j; 7. Insurance coverage of 5 mi11ionidollars($5~OOO,OqO)"broad ..fo" general liability provided by NationfllUnion Fire Inslifanp4 million ($?,ooo,oqO) doll(lfvel]J,cJ.~,jnsurance prov~?edlb~~ltat} ~ DOT reqUIrements.' < ' 8. Reschedule Date!...-'a,r~scl1~dule is.d:ffe]"trP if.rt(q total budget plus all q~t-of,p6cketiexpenses, ""iV'b~ ,. 'lJP___ 1 , L.. , t J 1 , t , ~ 1 , . , I I .l 1 " t"~ 1-" t fM I t I I I ~ 1 I 1 I I 1 . 1 l I " ~ ~ Building Occupied: Trees/Shrubs: Longitude: , Finale Stars and Stripes r , -, ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY) 3/26/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATF- 6240 SOM Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 0' Cleveland OH 44139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVv.. INSURERS AFFORDING COVERAGE INSURED INSURER A: New Hampshire Insurance Co Fireworks By Grucci, Inc. and/or Pyrotechnique INSURERB: Granite State Insurance Co. By Grucci, Inc. and/or Philny Effects, Inc. INSURERC: NY State Fund - Melville One Grucci Lane INSURERD: Axis Surplus Ins Company Brookhaven NY 11719 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE 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~:: TYPE OF INSURANCE POLICY NUMBER P~1-~SY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY 6990184 2/17/2007 2/17/2008 EACH OCCURRENCE $1000000 X 3MERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $50000 - CLAIMS MADE ~ OCCUR ~ MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $1000000 - GENERAL AGGREGATE $2000000 n'L AGGRE&lE LIMIT APnS PER: PRODUCTS. COMP/OP AGG $2000000 POLICY X P,:;,g-r LOC B ~TOMOBILE LIABILITY CA62659114 2/17/2007 2/17/2008 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) I--- I--- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I--- ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) -, I--- I--- PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ::J-OCCUR D CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ C I2673978 11/29/2006 11/29/2007 X WCSTATU.j IOJ~' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $Unlimited E.L. DISEASE. EA EMPLOYEE $Unlimited EL DISEASE. POLICY LIMIT $Unlimited D OTHER EAU706151 2/17/2007 2/17/2008 $4,000,000 Each Occurrence Excess Liability $4,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Date: July 4, 2007; Rain Date: July 5, 2007 Location: Intracoastal Waterway, Boynton Beach, FL Additional Insured(s): City of Boynton Beach; State of Florida CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED J BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Boynton Beach WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 915 South Federal Highway CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO f Boynton Beach FL 33435 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~ I ACORD 25-S (7/97) @ACORD CORPORATION 1988 .J . Annual July 4th Fireworks Bid , Page I of2 Allen, Janet ("T1: Scott Cooper [SCooper@gruccLcom] >:>.:nt: Tuesday, March 27, 2007 11 :53 AM To: Allen, Janet Cc: Biscuiti, Kathy; Donna Grucci Butler Subject: RE: Boynton Beach Annual July 4th 2007 Fireworks Bid Dear Janet, Thank you for selecting us to produce your fireworks entertainment. Yes, it is understood that we are entering into a one year agreement with the City of Boynton Beach to produce the July 4th, 2007 fireworks. Please forward the 50% deposit to my attention at the address below. Additionally, I will again complete the vendor application on the City's web site to be sure that we are included on next year's RFP distribution list. Many thanks, Scott Scott Cooper Fireworks by Grucci One Grucci Lane Brookhaven, NY 11719 (p) 631-286-0088 ext 24 (f) 631-286-9036 < '9r@~ruccLcom W\. _.gruccl.com From: Allen, Janet [mailto:AllenJ@ci.boynton-beach.fl.us] Sent: Tuesday, March 27, 2007 10:39 AM To: Scott Cooper Subject: Annual July 4th Fireworks Bid Mr. Cooper: After reviewing your proposal submitted to the City of Boynton Beach for the Annual July 4th Fireworks Display, it was noticed that the prices were determined based on an additional three years. Please understand your proposal dated March 26, 2007, is for this year only with no commitment for future years, Next year the City of Boynton Beach must go out for a new Request for Proposal. At that time we will be sure to send you an invitation to bid. Upon receipt of your acknowledgement! confirmation we will send you a 50% deposit by April 6th 2007, and the remaining balance will be sent after the event. Also, please complete a vendor application on our website boynton-beach.org. so that we can be sure to include you in our bidding process next year. Please respond at your earliest convenience. Thank you for your cooperation and understanding .We look forward to doing business with you. r..... Sinl:erely, Janet Allen iJan.et cftlien. 1/')7/')nn7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l. Requested Cny Commission Date Final Form Must be Turned MeetiDgj)ates in to City Clerk's Office ~' April 17.,2007 April 2, 2007 (Noon) D D May I, 2007 April 16, 2007 (Noon) D D May 15.2007 April 30, 2007 (Noon) D D June 5, 2007 May 14,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19,2007 June 4,2007 (Noon) July 3, 2007 June 18,2007 (Noon) July 17,2007 July 2, 2007 (Noon) August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM D D C8f D D An n 0 uncem en ts/Presen tati on s Administrative Consent Agenda Code Compliance & Legal Settlements D D D D D c::> City Manager's Report -l New Business C) (J~ :::{-< Legal Unfinished Business -- -..... :p.lOI ::;0 N 1..0 "-<0 ':-') "1:1 ,'-GJ 'T~O __ .'~'4 ~,,;; ';'0 ~ .~~.~z ro ','I co RECOMMENDATION: Approve the Cooperative Agreement between the City and the School Board of~lmn('T1 Beach County for the mutual use of City recreation and South Tech Academy facilities. .;::- lT1Q Public Hearing EXPLANA TION: The City and School Board recognize the benefit of cooperation in the provision of services and facilities for the needs of our community. We also recognize the benefit and needs of the City, through the Recreation & Parks Department, and South Tech Academy, of utilizing the facilities of the other thereby maximizing the availability of these facilities. PROGRAM IMPACT: The School Board desires to utilize certain City recreation facilities for the benefit of South Tech Academy. The City desires to use the South Tech Academy for various recreation programs/activities and City events. School facilities shall be available to the City when not required by the Board for daily public education. City recreation facilities shall be available to the School when not required for City programs or other scheduled events. FISCAL IMPACT: Each party agrees to make facilities available for use at no cost or expense, except when such use requires the provision of staff, supplies or services over and beyond what normally occurs in the facility. AL TERNA TIVES: Do not approve cooperative agreement. ,._" ------ L -,,- L -'- Department Head's Signature --"""''''-"-~- Recreation & Parks City Manager's SI Assistant to City Manager ~ _ Department Name ~.~ -'-" '" City Attorney / Finance S\13ULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION R07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES AND SOUTH TECH ACADEMY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City and the School Board of Palm Beach 13 County to enter into an Interlocal Agreement for the mutual use of recreational facilities; 14 and 15 WHEREAS, the School Board and the City recognIze the benefits of 16 cooperation in the provision of services and facilities for the needs of our community; 17 and 18 WHEREAS, the parties also recognIze the benefit and needs of the City, 19 through the Recreation & Parks Department, and South Tech Academy, of utilizing the 20 facilities of the other thereby maximizing the availability of these facilities. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and 24 confirmed as being true and correct and are hereby made a specific part of this 25 Resolution upon adoption hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the City Manager and City Clerk to execute the lnterlocal S:\CA\RESO\Agreements\lnterlocals\ILA - School Board - recreational facilities (South Tech) 2007.doc ! ' I I, I I Agreement between the City of Boynton Beach and School Board of Palm Beach 2 County, a copy of which is attached hereto as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon 4 passage. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PASSED AND ADOPTED this _ day of April, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray ATTEST: Commissioner - Carl McKoy Janet Prainito, City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\ILA - School Board - recreational facilities (South Tech) 2007.doc CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Wally Majors, Recreation and Parks Director CC: James A. Cherof City Attorney Lynn Swanson, ParalegaL Office of City Attorney FROM: Jamila V. Alexander. Assistant City Attorney flZIA DATE: March 25, 2007 RE: City of Boynton Beach ("City")/ Cooperative Agreement with South Tech Academy for Mutual Use of Recreation Facilities Pursuant to your request, we have reviewed the proposed Cooperative Agreement for Mutual Use of Recreation Facilities between South Tech Academy and the City of Boynton Beach for legal form and have the following comment(s): I. \Ve have made changes to Agreement provided to our oflice in Word Documents by "tracking" the changes directly into the document. A copy with the "tracked" changes is attached hereto. ') Additionally. the Agreement consistently refers to a position titled "Leisure Services Director." Is this a recognized position in the Recreation and Parks Department? If not. you should designate what position within your department would be responsible for the duties associated with this position as designated in the Agreement. Other than these revisions, the remainder of the Agreement is satisfactory as to legal form. Please be advised that we have only reviewed the legal form of the Cooperative Agreement with South Tech Academy for Mutual Use of Recreation Facilities. You are responsible to assure that the content of the document, including any costs and deadlines, is satisfactory, complete, and within the capabilities of the City to comply. Should you have any questions regarding the Agreement. the changes made to the Agreement. or the comments above, please do not hesitate to contact our office. JVA II,! 'J'JO\l)OO I g2 HBII\1Uv10 2007\MalllIS (South Tech Academy Recreatloll Useldoc COOPERATIVE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOUTH TECH ACADEMY FOR MUTUAL USE OF RECREATION FACILITIES THIS AGREEMENT, entered into this _ day of , 2007 between THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, ("CITY") and SOUTH TECH ACADEMY, a charter school being operated in Boynton Beach, Palm Beach County, Florida pursuant to a Charter School Agreement between SOUTH TECK ACADEMY and the School Board of Palm Beach County, Florida. WITNESSETH WHEREAS, the purpose of this Agreement is to enable CITY, and SOUTH TECH ACADEMY to utilize the facilities of the other and provide a procedure for authorizing such use; and WHEREAS, CITY and SOUTH TECH ACADEMY recognize the need and benefit for each party to utilize the recreation facilities of the other thereby maximizing the availability of said facilities. NOW THEREFORE, for and in consideration of the mutual benefits herein contained, the parties agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. For purposes of this Agreement, the following definitions are provided: A. "Board" means the School Board of Palm Beach County, Florida. B "Board Facilities" and "Board Facility" mean facilities owned by the School Board of Palm Beach County, Florida at the South Tech Academy site that are made available for public use by the SOUTH TECH ACADEMY and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "Board Facilities" and "Board Facility" shall include gymnasiums; playgrounds; athletic fields, and exterior meeting areas. C. "City Facilities" and "City Facility" mean facilities owned or operated by the CITY that are made available for public use by the CITY and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "City Facilities" and "City Facility" Revision 3-26-07 shall include parks; playgrounds, tennis, racquetball and basketball courts; athletic fields, and exterior meeting areas, D. "Facilities" means the Board Facilities and City Facilities. E. "Priority of Use" means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows: 1. SOUTH TECH ACADEMY activities and programs at South Tech Academy shall have the first priority of use; and 2. CITY Recognized Recreational Provider activities and programs pursuant to this Agreement shall have the next priority use. For City Facilities, the Priority of Use shall be as follows: 1. CITY Recognized Recreational Provider Group activities and programs shall have the first priority use; and 2. SOUTH TECH ACADEMY activities and programs pursuant to this Agreement shall have the next priority use. F. "City Recognized Recreational Provider Group(s)" mean those organized recreation groups and organizations identified in the attached Exhibit "A", which may be amended or supplemented from time to time upon the mutual agreement of the SOUTH TECH ACADEMY'S President and the CITY'S Recreation and Parks Director without formal amendment hereto. 3. The parties may place reasonable time period restrictions with respect to the use of the Facilities and shall use the Facilities pursuant to the following provisions~ A. SOUTH TECH ACADEMY agrees to make the Board Facilities available for use by the CITY according to the Priority of Use at no cost or expense to the CITY, except as otherwise provided for in this Agreement. The CITY'S use of the Board Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) South Tech Academy's rules, regulations and policies governing the use of the Board's Facilities; (iii) The terms and conditions of The Charter School Agreement between the SOUTH TECH ACADEMY and Board; and (iv) all applicable local, state and federal laws. B. The CITY agrees to make available the City Facilities for use by SOUTH TECH ACADEMY according to the Priority of Use at no cost or expense to SOUTH TECH ACADEMY, except as otherwise provided for in this Agreement. Revision 3-26-07 ..., The SOUTH TECH ACADEMY use of the City Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the CITY'S rules, regulations and policies governing the use of the City Facilities; (iii) all applicable local, state and federal laws. C. The CITY shall submit all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "B" to the President of SOUTH TECH ACADEMY or his or her designee no less than thirty (30) days prior to the date that the CITY desires to use the Facility. SOUTH TECH ACADEMY shall be responsible for ensuring that written response to the request is provided to the CITY within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. D. SOUTH TECH ACADEMY shall submit all requests for use of the City Facilities in writing in the form attached hereto as Exhibit "B" to the CITY'S Recreation & Parks Director no less than thirty (30) days prior to the date that SOUTH TECH ACADEMY desires to use the CITY Facility. The CITY shall be responsible for ensuring that a written response to the request is provided to South Tech Academy within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. E. With respect to SOUTH TECH ACADEMY'S use of the City Facilities SOUTH TECH ACADEMY shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, agents, officers, elected officials and employees: (a) from and against all claims, actions. liabilities. losses (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual of alleged negligent act or omission of SOUTH TECH ACADEMY, or anyone directly or indirectly employed by SOUTH TECH ACADEMY, or of anyone for whose acts SOUTH TECH ACADEMY may be liable under this Agreement; (b) from any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual alleged violation of law, statute, ordinance, governmental administration order, rule or regulation in the performance of any work under this Agreement; and (c) Revision 3-26-07 3 from and against claims or actions made by SOUTH TECH ACADEMY'S contractors or other party performing work for or on behalf of SOUTH TECH ACADEMY. The SOUTH TECH ACADEMY'S indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation or benefits payable by or for SOUTH TECH ACADEMY under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the CITY to enforce this provision shall be borne by SOUTH TECH ACADEMY. SOUTH TECH ACADEMY recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the CITY in support of this indemnification in accordance with the laws of the State of Florida. This provision will survive the termination of this Agreement. F. Upon the execution of this Agreement, SOUTH TECH ACADEMY shall supply the CITY with a Certificate of Insurance as required by this section, naming the CITY as an additional insured. Such Certificate shall provide written notice to City thirty days prior to any cancellation of said insurance. Receipt of such notice shall be considered grounds for termination of this Agreement. SOUTH TECH ACADEMY shall purchase from and maintain coverage from a company or companies lawfully authorized to do business in the State of Florida and rated "B_ +" or better in Best's Insurance Guide. In addition, such insurance shall be for no less than the following amounts (subject to review and revision by City of Boynton Beach from time to time): (a) automobile $1,000,000 per injury and per death: (b) Comprehensive General Liability: $1,000,000 per occurrence for both personal injury and property damage; and (c) Workers Compensation: Statutory and Employers Liability in the amount of $ 1,000,000. G. Each party agrees to provide adequate supervision of its own activities to prevent bodily harm to the users and damage to the Facilities, taking into consideration the types of activities planned, when using the other's Facilities. When aquatic facilities will be included in the Facilities to be utilized, the party using the Facility shall provide supervisors certified in Lifeguard Training in addition to any other supervision required hereunder. H. In the event the Facilities are damaged, the party using the Facilities of the other party shall promptly notify the other party in writing of the damage and shall Revision 3-26-07 4 reimburse the other party for the actual costs to repair the damage. Reimbursement shall be made within sixty (60) days of a written request for reimbursement of costs. I. The Facilities shall be surrendered by the party using the Facilities of the other party in the same condition as they were accepted and shall cause to be removed from the Facilities all waste, garbage and rubbish resulting from such party's use of the Facilities. 4. City Recognized Recreational Providers shall use the Board Facilities pursuant to the following provisions: A. SOUTH TECH ACADEMY agrees to make the Board Facilities available for use by the City Recognized Recreational Providers and/or the CITY at no cost or expense to the City Recognized Recreational Providers according to the Priority of Use, except as otherwise provided for in this Agreement. Use of the Board Facilities by the City Recognized Recreational Providers shall depend on availability and shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the SOUTH TECH ACADEMY's rules, regulations and policies governing the use of Board Facilities; (iii) the terms and conditions of the Charter School Agreement between SOUTH TECH ACADEMY and the Board; and (iv) all applicable local, state and federal laws. B. Prior to being granted access to any of the Board Facilities, each City Recognized Recreational Provider shall be required to obtain a Facility Use Permit from the CITY. The Facility Use Permit shall, at a minimum, require the City Recognized Recreational Provider to: 1. Provide proof of insurance for such coverage's and amounts as may be required by the Board's Director of Employee Benefits and Risk Management when Board Facilities are to be utilized and name the Board, SOUTH TECH ACADEMY and the CITY as additional insureds; 2. Protect, defend, reimburse indemnify and hold the SOUTH TECH ACADEMY and the City Boynton Beach, their agents, employees and elected officers harmless from and against all claims, liability, expenses, costs, damages and causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from or in anyway connected Revision 3-26-07 5 to the City Recognized Recreational Provider's use of the Board Facilities; 3. Provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the Board Facilities, taking into consideration the types of activities planned; 4. Return the Board Facilities in the same condition as they were accepted and to remove all waste, garbage and rubbish resulting from the City Recognized Recreational Provider's use of the Board Facilities; and 5. Notify SOUTH TECH ACADEMY of any damage to the Board Facilities resulting from the City Recognized Recreational Provider's use of the Board Facilities and reimburse the South Tech Academy for the actual costs to repair the damage. C. The Facility Use Permit issued by the CITY shall also indicate that the Facility Use Permit may be revoked or suspended by the CITY and that SOUTH TECH ACADEMY may deny access to the Board Facilities for failure to comply with the terms and conditions of the Facility Use Permit. D. The City Recognized Recreational Providers shall be required to submit all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "B" to the CITY's Recreation & Parks Director no less than thirty (30) days prior to the date the City Recognized Recreational Provider desires to use the Board Facility. The CITY'S Recreation & Parks Director shall coordinate scheduling of the use of the Board Facility with the President of SOUTH TECH ACADEMY or his or her designee. SOUTH TECH ACADEMY shall be responsible for ensuring that a written response to the request is provided to the CITY'S Recreation & Parks Director within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. E. Notwithstanding any provision of this Agreement to the contrary, SOUTH TECH ACADEMY shall not be obligated to make the Board Facilities available for use by a City Recognized Recreational Provider for tournaments or any events where admission or concession fees or Revision 3-26-07 6 charges will be collected or imposed by the City Recognized Recreational Provider. 5, The sale, use or possession of alcoholic beverages or controlled substances at any of the Facilities sites is strictly prohibited. 6. In the event an issue arises which cannot be resolved between the SOUTH TECH ACADEMY Principal and the City of Boynton Beach Recreation & Parks Director regarding the use or availability of a Facility, the dispute shall be referred to the SOUTH TECH ACADEMY President and the City Manager who shall both make a good faith effort to resolve the dispute. 7. Neither party shall be required to make any improvements or repairs to the Facilities as a condition of use of the Facilities by the other party or City Recognized Recreational Providers. The parties and City Recognized Recreational Providers shall accept the Facilities in their "As is", "Where is" condition. The parties acknowledge and agree that neither party has made any warranties or representations to the other party regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party or City Recognized Recreational Providers. 8. Notwithstanding any provision of this Agreement to the contrary, the use of the Facilities by either of the parties or the City Recognized Recreational Providers shall only amount to a license to use the Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either party or the City Recognized Recreational Providers any title, interest or estate in the Facilities. 9. The parties agree that, in the event either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non- defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek actual damages, if any. 10. All notices herein required shall be in writing. Any such notice shall be deemed s sufficiently delivered or served if hand delivered or deposited in the U.S. Mail: Revision 3-26-07 7 As to CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 With copy to: Wally Majors, Recreation and Parks Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 As to BOARD: James R, Kidd, President, South Tech Academy 1300 SW 30th Avenue Boynton Beach, FL 33426 11. This Agreement may not be assigned, in whole or in part, without the prior written consent of SOUTH TECH ACADEMY and the CITY. 12. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party: (i) without cause upon thirty (30) days prior written notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Section 11 above. Notwithstanding any provision of this Agreement to the contrary, this Agreement shall automatically terminate and be of no further force and effect upon the expiration or earlier termination of the Charter School Agreement between SOUTH TECH ACADEMY and the Board. 13. Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing bodyforsubsequentfiscalyeaffi. 14. This Agreement shall be construed by and governed by the laws of the State of Florida, Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida, Revision 3-26-07 8 15. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 16. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 17. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 18. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 19. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto, 20. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 21. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 22. This Agreement shall become effective when signed by both parties hereto (hereinafter "Commencement Date"). The term of this Agreement shall be for a period of two (2) years and shall be automatically renewed up to two (2) additional consecutive one (1) year terms, unless it is terminated by either party in accordance with the termination provisions of this Agreement. Revision 3-26-07 9 Date: Date: ATTEST: By: City Clerk Approved as to form and legal sufficiency By: Office of the City Attorney Revision 3 -26-07 10 SOUTH TECH ACADEMY By: CITY OF BOYNTON BEACH, FLORIDA By: Its: JOINDER AND CONSENT The School Board of Palm Beach County, Florida, ("School Board") the owner of the Real Property at 1300 SW 30th Avenue, Boynton Beach, FL 33426 which Real Property is operated by South Tech Academy, does hereby join in and consent to the Cooperative Agreement Between the South Tech Academy and the City of Boynton Beach for the Mutual Use of Facilities (the "Cooperative Agreement"), and further agrees that the execution of the Cooperative Agreement shall not be considered an event of default, notwithstanding any provision prohibiting subleases, or other uses of the Real Property that may exist in the Charter School Agreement between the School Board and South Tech Academy. THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA BY William G. Graham, Chairman Board Approval Date: BY Arthur C. Johnson, Ph.D., Superintendent REVIEWED AND APPROVED AS TO LEGAL FORM School Board Attornev Date: Revision 3-26-07 11 EXHIBIT "A" CITY RECOGNIZED RECREATIONAL PROVIDER GROUPS Boynton Beach Little League Boynton Beach Police Athletic League (PAL) City of Boynton Beach Sponsored Events Revision 3-26-07 12 THE CITY OF BOYNTON BEACH SOUTH TECH ACADEMY COOPERATIVE AGREEMENT- FACILITY REQUEST FORM Date Contact Person School Name (if applicable) Phone Number Fax Number Other Contact Number Address Village State/ZIP FACILITY REQUEST: Choice #1 Choice #2 Activity Age Group Estimated Attendance: Participants: Spectators: Total: Mark appropriate day(s) facility will be needed: ~lMonday -ITuesday lWednesday -Thursday DFridaylSaturday lSunday Date(s): Time(s): From: am/pm to am/pm New Request ] Repeat Request: Date and location of previous use: Other pertinent information (as necessary): J Requesting Principal J Director of Recreation Services Date .... .0... .., ... "0 ...... ......... ......... "0 .... ..... ... ...... ............ ...... ...... ......... ... _'0 "0 "0 Approve Disapprove Reason if disapproved: ~ Principal Director of Recreation Services Date Revision 3-26-07 13 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO.no.1u VI.-CONSENT AGENDA ITEM C.2. Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Cterk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office ~ April 17, 2007 D May t, 2007 0 May 15,2007 0 June 5, 2007 April 2, 2007 (Noon.) D June 19,2007 April t 6, 2007 (Noon) D July 3, 2007 Apri130,2007 (Noon) 0 July 17, 2007 May t4, 2007 (Noon) D August 7, 2007 June 4, 2007 (Noon) C") o ,~-:> -I -....J~-< June t 8,2007 (Noon)::r: ~< 0 ""!'"n~ :;:, July 2, 2007 (Noon) N 1..0 July t6, 2007 (Noon) -0 'CO) .., ...- c.:J o ~: -<: 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 ':-? c..n en . --1 ~::? ~~:~~ .;.; B~ l'n ~ RECOMMENDA nON: Approve Resolution Number Property Agreement on behalf of the City of Boynton Beach. authorizing the City Manager to sign the attached EXPLANATION: Boynton Beach Property Partners is a private developer that is pursuing development of parcels ofland bounded by Federal Highway on the west, NE 6th Avenue on the north, NE 4th Avenue on the south and an alley to the east and adjacent to St. Mark Catholic Church. This project has not yet come before the City Commission for approval. The developer desires to use the alley property for the development. The City encourages developers to consider the abandonment and use of non-essential alleys and other rights of way for private development. This methodology is an outstanding way for government to provide incentives to developers without costing the community financial resources. In fact, often times the abandonment of certain public rights of way will benefit the agency by causing future maintenance expense to be reduced. This is one such example. The abandonment of this alley will remove the surface maintenance responsibility of this alley from the City and will instead transfer that responsibility to the new owner of the future private parcel. Of course, all public and private utilities will either be relocated or allowed to remain in easements granted to the appropriate entity. When an alley is abandoned, the right of way is typically split in half such that each adjoining private parcel is a recipient of a share of the old alley property. In this scenario, both the developer and St. Mark Church will receive additional property. The primary purpose of this agreement is to provide a mechanism to publicly state the developer's intentions and the City's agreement that it would be amenable to final abandonment. The agreement also provides assurance to St. Mark that the City has opined that the alley can be legally abandoned. This is necessary because this abandonment involves irregularly shaped parcels and the abandonment is not as simple as we usually encounter. After lengthy review, City staff finds that the alley can be abandoned legally. Lastly, the agreement allows for the sale of the St. Mark portion of the abandoned alley back to the developer so that the developer can make full use of the entire abandoned alley. This agreement does not cause the alley to be abandoned. The developer will initiate that action separately. PROGRAM IMPACT: NA FISCAL IMPACT: This agreement will have no financial impact. Final abandonment of the alley in the future will save the City maintenance expense of the alley surface in perpetuity. AL TERN A TIVES: Deny approval of the agreement and require the developer to proceed without the benefit of the alley area. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ature . I . / J~~r67~~~ City Manager's SIgnature /} ( / '~-J b 'c W('~kl) Department Na e I Assistant to City Manager ~ City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR AND CITY CLERK TO EXECUTE A 6 PROPERTY AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH, BOYNTON BEACH PROPERTY 8 PARTNERS AND ST. MARK CATHOLIC CHURCH TO 9 PROVIDE A MECHANISM TO STATE THE 10 DEVELOPER'S INTENTIONS AND THE CITY'S 11 AGREEMENT TO ABANDONMENT; AND PROVIDING 12 FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, Boynton Beach Property Partners is a private developer pursumg 16 development of parcels ofland bounded by Federal Highway on the west, NE 6th Avenue on 17 the north, NE 4th Avenue on the south and an alley to the east and adjacent to St. Mark 18 Catholic Church; and 19 WHEREAS, the Developer desires to use the alley property for the development; and 20 WHEREAS, the City encourages developers to consider the abandonment and use of 21 non-essential alleys and other rights of way for private development; and 22 WHEREAS, the City Commission upon recommendation of staff, deems it 23 appropriate to approve and authorize the Mayor and City Clerk to enter into the Property 24 Agreement, the primary purpose of which is to provide a mechanism to publicly state the 25 developer's intentions and the City's agreement that it would be amenable to final 26 abandonment between the City of Boynton Beach, Boynton Beach Property Partners and St. 27 Mark Catholic Church. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA \RESO\Agreements\BBPP St Marks Agreemenl.doc 5 6 7 8 9 10 11 12 13 14 15 16 II 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor and City Clerk to enter into the Property Agreement, the primary purpose of which is to provide a mechanism to publicly state the developer's intentions and the City's agreement that it would be amenable to final abandonment between the City of Boynton Beach, Boynton Beach Property Partners and St. Mark Catholic Church, a copy of which is attached hereto and made a part hereof as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of April, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet Prainito, City Clerk (Corporate Seal) S:\CA\RESOIAgreements\BBPP St Marks AgrcemenLdoc PROPERTY AGREEMENT THIS AGREEMENT ("this Agreement"), made as of the _ day of April, 2007, by and among BOYNTON BEACH PROPERTY PARTNERS, a Florida limited liability company, with offices at 5473 Grand Park Place, Boca Raton, Florida 33486 ("BBPP"), ST. MARK CATHOLIC CHURCH, a Florida ecclesial corporation, with offices at 643 Northeast Fourth Avenue, Boynton Beach, Florida 33435-4196 (the "Church"), and THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with offices at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425-0310 (the "City"), is based upon the following RECIT ALS: A. This Agreement concerns a parcel of real property situated in the City of Boynton Beach, Palm Beach County, Florida, more particularly described on Exhibit "A" attached hereto and thereby made a part hereof (the "Alley"); B. A recent examination of title to the Alley, as performed by First American Title Insurance Company, has disclosed that although portions of the Alley have been owned from time to time by BBPP and the Church and/or their respective predecessors in title, the Alley has also been the subject of several recorded plats under which portions of the Alley were dedicated to the public; C. In addition, portions of the Alley have been conveyed by deed to the City, the Alley has been utilized by the City (and through the City, the public) as a alley thoroughfare and right of way for public purposes, and the City has caused utility lines to be placed over and under portions of the Alley; D. By virtue of the foregoing facts, events and circumstances, the City may have acquired a higher quality of title to the Alley evidenced by the recorded plats and/or to additional areas of the Alley, both by deed and under claim of adverse possession; E. BBPP is the owner of the property abutting the Alley along its Westerly boundary (the "BBPP Property") and the Church is the owner of the property abutting the Alley along its Easterly border (the "Church Property"); F. BBPP desires to redevelop the BBPP Property as a mixed-use project (primarily including residential apartments, either rental or condominium or both) with related amenities, including but not limited to commercial space on the ground floor thereof (collectively, the "Project") and to acquire and utilize the Alley in connection with and in support of the Project; G. Provided that arrangements are made to relocate the existing utilities and protecting them through appropriate easements, the Alley can be legally vacated by the City, upon the filing of an appropriate application and compliance with the City's rules and procedures with respect to such vacations, and H. The Church has indicated that it supports the Project and that, upon the vacation of the Alley, it will convey all right, title and interest that it already owns or hereafter acquires through such vacation with respect to the Alley to BBPP, at such time and in return for the consideration described below, NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby mutually acknowledged, BBPP, the Church and the City do hereby acknowledge, confirm and memorialize their mutual understandings in the following WPB:285456:1 AGREEMENT: 1. Within thirty (30) days following the execution of this Agreement, BBPP will make application (the "Abandonment Application") to the City for the vacation of the Alley (the "Vacation"). If the Church is a necessary party for the Abandonment Application, BBPP shall be authorized to execute the Abandonment Application on the Church's behalf, such authorization being limited to the Abandonment Application and to the prosecution thereof, culminating in the Vacation. 2. Upon the adoption by the City Commission of an ordinance approving the Vacation (the "Vacation Ordinance") and the recording thereof in the public records of Palm Beach County, the Westerly portion of the Alley, as described on Exhibit "A" to this Agreement, will belong to BBPP and the Easterly portion of the Alley, as described on Exhibit "B" to this Agreement, will belong to the Church (the "Church's Portion"). In approving the Vacation, the Alley shall remain subject to a twenty (20) foot easement along the Westerly boundary of the Alley that will be reserved by the City for the maintenance, repair and replacement, from time to time, of the public utility lines and facilities that are located under, on and/or over portions of the Alley; provided, however, that if any of such utilities need to be relocated in connection with BBPP's implementation of the Approved Site Plan (as defined below), the City will permit such relocations in accordance with applicable City guidelines. 3. Within L) days following the execution of this Agreement, BBPP will make application (the "Site Plan Application") to the City for approval of BBPP's site plan for the Project ("Site Plan Approval"). Prior to the submission of such Site Plan Application, BBPP shall provide the Church with a copy of the site plan to which such Site Plan Application relates, for review by the Church. Provided that such site plan reflects the components described in Recital F above, the Church will support, and not object to, the City's granting of Site Plan Approval with respect to such site plan (the "Approved Site Plan"). BBPP will diligently pursue Site Plan Approval until it is obtained, reserving the right to make non-substantial modifications thereof as may be directed by the City from time to time, and providing copies of any such modifications to the Church. 4. Within ten (10) days following, as applicable, (a) the lapsing of the period from which an appeal of the Site Plan Approval can lawfully be taken with no such appeal being taken or (b) the date upon which any appeal filed during such period is finally concluded, BBPP will pay the sum of $ to the Church and the Church will convey to BBPP all right, title and interest in the Church Portion that the Church will have received from the City from the Vacation of the Alley: provided, however, that if the Site Plan Approval is not obtained by , 2007 or in the event that BBPP decides to abandon the Project prior to that date, then this Agreernent will terminate. as between BBPP and the Church. 5. Upon receipt of title from the Church to the Church's Portion of the Alley, BBPP will provide the Church with an easement, in recordable form, that will provide the Grantees (as defined below) Church with ingress and egress to the Alley and the right to transverse the paved portion of the Alley, either as pedestrians or in motor vehicle, in such areas, at such times and upon such other conditions as BBPP shall reasonably determine, in order to avoid accidents and mishaps for the Grantees (for which the Church shall indemnify BBPP, except for claims arising out of BBPP's negligence) and assure the use of the AIley for the primary purpose of servicing the Project, while allowing for limited access to and from the Church Property. As used herein, the term "Grantee" shall mean such individuals who are members or are otherwise associated with the Church, as employees, vendors, guests and invitees. 6. Upon the initiative of the Church at any time, BBPP shall support, and not object to, any application that may be made by the Church to the City for changing the name of 4th Street to St. Mark"s WPB:285456:1 Place or such other name as the Church may designate for the purpose of enhancing the name recognition and accessibility of the Church within the Boynton Beach community. 7, This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. BBPP: BOYNTON BEACH PROPERTY PARTNERS LLC By: Jeffrey Sussman Manager CHURCH: ST. MARK CATHOLIC CHURCH By: Name: Title: CITY: CITY OF BOYNTON BEACH, FLORIDA By: Name: Title: WPB:285456:1 REVISIONS SKETCH AND DESCRITION AREA OF ABANDONMENT EAST SIDE N r0~ f-U 00 -1.-1 co P.O.c. SE CORNER LOT 3, BLOCK 2 CIVIC CENTER SUBDIVISION P.B. 12, PG. 68. P.B.C.R, N "T~ f-U 00 : .-1-1 I B CO P.O. . . S89034'01"E 16.64' EASTERL Y EXTENTION OF SOUTHERL Y LINE OF LOT 3. BLOCK 2 P,B. 12, PG. 68, P.B.c.R. N SW CORNER LOT 4, BLOCK 2 P.B. 12. PG. 68. P.B.C.R. S89034' 01"E 3.65' NORTHERL Y EXTENTION OF EASTERL Y LlNE OF LOT 1, R.S.MERRITT SUBDIVISION 0::- f-Wf- o ~O "J 0 --l I U . W Z f- o .-1 WEST 21.3' EAST 16.64' :r: u a:: Of- ~ qo U 0.-1 :::; - --l rn 0 :r: f-' 4 o U ~ a:: f- 4 o ::?: -1 f- IJ) N f- 0 0 0 ~ d 0 rn r0 f- 0 -1 <;j <J) 01 f- :r: f- L? 0 :::> >- 0 .-.I 0 W .-.I a:: --l :r: --l f- 4 ~ N (fJ 'it f- lL. 0 0 ;"-ro Ln --l W i- lL. ~ 1Of- 0 0 o 0 ."J .-1 w O"J ~ f- 0 IJ) 4 (f) W - -. - i.D f- 0 .-1 SOUTH LlNE 'LOT 7, --- ,j P.B. 1. PG. 68, P.B.C.R. N89034'01"W 16.64' AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE. SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (661) 392-2694. FAX (661) 394-7126 @2007 AVlROM de ASSOCIATES, INC. All RIGHTS RESERVED. NOT VALID WITHOUT SHEETS 1 & 2 JOB NO. 7906-5E SCALE: 1" = 50' DATE: 3/19/07 DRAWN BY: N. 1. SHEET: 3 OF: 3 1 -~ >-u; <(~ ~~ J:8 (!)82 -> J:~ r- ..,...UJ <:( .--1 (/)r-: .l.L. ::>0 _ N r- I{)~ I . (/) o ~- Z~ I C~ <(~ 02 a:~ U W~ 1-0.: <(~ 1-3: cn~ REVISIONS t SKETCH AND DESCRITION AREA OF ABANDONMENT EAST SIDE ct o r-<> NE 6TH A VENUE 19.77' (P) 9.88' I- o -l EAST HALF z z 0 0 ...... ...... (f) (f) ...... ...... >. ci >. ......0:; ......5 O~ u o. (\j (\j(I)lXl >- .r- (\jCOlXl :)ll. - wmw - :)ll. I- ';:s::.(f)r;t:J 0... -IO:~ 0... 'I:j"::::':::(f)' 0 U to - -I .w - I-U lB ~ -l 00::. ~ od:$~ ooffi~ -lw~ (\j (\j ~ (I)I-C\i t<) C .::> t<) -l-ll-C\i z~ WC>o CClZ- <: Wai t-Q..UJ Wai ua.: t- .Ll"> ua.: I U od:C\Jv U ...... -I-lO ...... ~ > Q..aiN > ...... ...... 0 0: U t<) I- o --' 10.16' 20.31' (P) A VIROM & ASSOCIA TES. INC. SURVEYING & MAPPING 60 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (581) 392-2694. FAX US81) 394-7126 @2007 AVlROIoA & ASSOOATES. INC. All RIGHTS RESERVED. JOB NO. 7906-5aE SCALE: 1" = 50' DATE: 3/19/07 DRAWN BY: N. 1. SHEET: 2 OF: 2 NOT VALID WITHOUT SHEET 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR.. VI.-CONSENT AGENDA ITEM C.3. Requested Clt) Commission Date Final Form Must be Turned Requested Cily Commission Date Final Form Must be Turned Meeting D!1l~ in to City Clerk's Office Meetin~ Dates in to City Clerk's Office X April J 7,2007 ApriI2.2007(Noon) D June 19,2007 June 4, 2007 (Noon) 0 May I. 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5. 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) D A n noun cements/Pre sentati ons 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: Staff recommends that the City Commission adopt a resolution adopting the Recreation and Parks Strategic Plan. EXPLANATION: In April 2006, the City Commission adopted the Recreation and Parks Strategic Plan which is the "road map" for the planning and development of parks and recreation facilities for the next ten years. This Master Plan identifies the recreational needs of the citizens of Boynton Beach as indicated in the System Map and the Comp Plan and recommends strategies and actions for meeting those needs, The Plan identifies the actions necessary to implement the plan in order to satisfy the expectations of the community. The plan is updated annually and presented to the Commission for adoption. Changes are black lined or indicated in red. PROG RAM I M PACT: The Plan includes recommendations that give guidance for improving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. Changes to the plan include the addition of new chapters far the Programming Plan, Professional Development Plan, Marketing Plan, Community Relations Plan, Revenue Plan, Needs Assessment, Business Plan, Technology Plan and Preventative Maintenance Plan. These plans will be done over the next three (3) years. Other changes include the definitions of park classifications, update of park land and facilities, a list of completed projects, future staffing costs based on the completion of the Intracoastal Clubhouse, Wilson Park and Wilson Pool in 2007, and personnel required for future park developments. FISCAL IMP ACT: The Plan identifies the costs of the development of parks and recreation facilities over the next ten years. The first five years of the funding plan mirrors the City's Capital Improvement Program (CIP). The Plan also identifies necessary staffing needs as facilities are developed. ,~~ , ~ /.7~,e-, '- c~er's Signature Assistant to City Manager ~ Recreation and Parks Department Name City Attorney / Finance SIBULLETIN\FORMS\A(JENDA ITEM REQUEST FORM. DOC 1 2 RESOLUTION R07- 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING AND ADOPTING THE RECREATION 7 AND PARKS DEPARTMENT STRATEGIC PLAN; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Recreation and Parks Department has developed a strategic plan 11 that will act as a "road map" for the planning and development of parks and recreation 12 facilities for the next ten (10) years; and 13 WHEREAS, this Master Plan identifies the recreational needs of the citizens of 14 Boynton Beach as indicated in the System Map and the Comp Plan, as well as 15 recommending strategies and actions for meeting those needs; and 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confimled as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 21 approve and adopt the Recreation and Parks Department Strategic Plan for Recreation, a copy 22 of the Plan is attached hereto as Exhibit "A". 23 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _ day of April, 2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 22 Janet Prainito, City Clerk 23 24 25 (Corporate Seal) 26 27 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy r City of Boynton Beach Recreation and Parks Department ,..cl Boynton Beach, Florida t..) ct1 Q) CO s:::: o +-=> ~ ~ o CO r* tI) .~ ct1 ~ .-;- -.I .~ -.... ... ,... 10. Strategic Plan Recreation and Open Space Element 2007 -2008 ~ o . ....... g ~ t..) rCJ) \....G 81 -. : We Make '-l~?;:" -,:.:.i Life funU Boynton Beach Recreation and Parb\ Deportment Acknowled2ements ~ity Commission Recreation and Parks Advisory Board Mayor Jerry Taylor Elizabeth (Betty) Pierce-Roe, Chair Vice Mayor Jose Rodriguez William Orlove, Vice-Chair Commissioner Bob Ensler John (Jay) Allard Commissioner Muir C. Ferguson David Barie Commissioner Mack McCray Patti Hammer Vice Mayor Commissioner Carl McKoy James McMahon Commissioner Ron Weiland John McVey Janelle Sloane Betty Thomas . Tom \Villiams Pam '}linters City Staff Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager Jeff Li':ergood, Director 0 f Public 'N orks Michael Rumpf, Director of Planning and Zoning Ed Breese, Principal Planner Dick Hudson, Senior Planner Hanna Matras, Economic Planner Wally Majors, Director of Recreation and Parks dy Rivers, Parks Superintendent Virginia Shea, Senior Recreation Manager Mary DeGraffenreidt, Senior Recreation Manager Tom Balfe, Parks Manager Sherri Claude, Assistant to the Director Vicki Robertson, Administrative Secretary City of Boynton Beach Recreation and Parks Department Strategic Master Plan I. A. B. e. II. A. B. Ih III. IV. A. B. e. D. V. A. B. VI. A. B. C. D. VII. Boynton Beach Recreation and Parks Strategic Master Plan Table of Contents INTRO Due TI 0 N ............. ... ... ... .................... .......................... ........... ................ .... 1 Overview...................................................................................................................... ..............1 Methodology.................. ............................................................................................................. 3 Purpose of Plan......................................................................... ..................................................3 INVENTORY AND ANALYSIS .........................................................................4 Parks Classifications...................................................................................................................4 Inventory .............................................................................................................................. ......6 C. Analysis............................................................................................................................ ....9 CO...'\LS .l~...ND OBJECTI"ES VISION ............................................................. 15 PARK STANDARDS ......................................................................................... 17 Overview .............................................................................................................................. .... 17 Description of Standards........................................................................................................... 17 Needs Assessment......................................................... ........................................................... .17 Level of Standards .................................................................................................................... 18 MASTER PLAN. ..... ... ................ ................. ......... ..... ........ ... ....... ......... ..... ..... .... 19 Conceptual Parks and Recreation System Map ..........................................................................19 Future Park Improvements........................................................................................................ 21 THE IMPLEMENTATION PLAN ................................................................... 30 Capital Improvements Plan....................................................................................................... 30 Funding Sources..................................................................... ..................................................30 Comprehensive Plan................................................................................................................. 33 Management and Administrative Recommendations................................................................. 33 VIII. PROGRAMMING PLAN .................................................................................. 42 MARKETING PLAN............................ ............................ ..... ... .............. ...... ..... 42 IX. PROFESSIONAL DEVELOPMENT PLAN.................................................... 42 X. EV AL U A TI 0 N ................................... .......................................... ..................... 42 XI. COMMUNITY RELATIONS PLAN................................................................42 XII. RE VEN UE PLAN .............................................................................................. 42 XIII. NEEDS ASSESSMENT..................................................................................... 42 XIV. TECHNO LOGY PLAN ..................................................................................... 42 XV. PREVENT A TIVE MAINTENANCE PLAN.................................................... 42 APPENDICES......... ................ ................ ............... .................................... .................. 42 Appendix A Recommendations from Staff Connections regarding Organizational Structure Appendix B Revised Comprehensive Plan Appendix C 5-year Capital Improvement Plan I. INTRODUCTION A. Overview Throughout time, parks and open spaces have provided a unifying community structure and an aesthetic identity to our urban environments as well as providing recreational opportunities. While it is difficult to place a precise value on our parks and open space systems, it is clear to all that they provide a variety of benefits that contribute to the "liveability" of our cities, such as: · Accommodate recreational activities, · Attract recreation enthusiasts, · Increase property values, · Provide public access to natural recreation areas and significant sites, · Provide and enhance animal and plant habitats, · Conserve, preserve and protect historic character, · Contribute to the city's identity and marketability, · Enhance aesthetic quality, and · Contribute to clean air and water. Parks and recreation opportunities contribute to the health of residents, provide a variety of recreational and educational activities for all ages, and preserve and enhance the quality and integrity of the natural environment. Parks and recreational opportunities are also significant in attracting visitors to the community and, thus, contribute to local tourism and economic development. When a community has a comprehensive and interrelated system of parks and recreation opportunities that responds to the needs and values of local residents, the residents support their local governments, become involved in their community activities, and reap the benefits of a "quality-of-life" community. Over the past year, the importance of recreation and parks has been even more compelling with the "It Starts in Parks" (ISIP) program initiated by the Florida Recreation and Parks Association and incorporated into the National Recreation and Parks marketing plan. The ISIP campaign is intended to better position parks and recreation in the future to be recognized and supported for the benefits and services provided by the profession. The eight (8) messages of the ISIP campaIgn are: · Personal Achievement · Sense of Community · Conservation of our natural resources · Economic development · Good health · Ties to our heritage · Respect for nature · FlOrIda's future The recreation and parks facilities in the State of Florida generate over $34,000,000,000 ($34 Billion) annually. The profession of recreation and parks has a startling effect on the citizens and visitors to the state. This department is making sure that this message is taken into our community by implementing the ISIP campaign in the City of Boynton Beach. City of Boynton Beach Recreation and Parks Department Strategic Master Plan I This Master Plan identifies the recreational needs of the citizens of Boynton Beach as indicated in the System Map and the Comp Plan and recommends strategies and actions for meeting those needs. The Master Plan identifies the actions necessary to implement the plan in order to satisfY the expectations of the community. It includes recommendations that give guidance for improving programs and services, creating a fmancially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. This plan will enable the city to make the necessary changes that will help sustain an attractive and livable city. The City of Boynton Beach Recreation and Park staff prepared this Master Plan to serve as the strategic planning tool for making parks, open space, facility and recreational program decisions over the next decade. The master Plan includes recommendations that give guidance for impf.oving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. Through these processes, the department will constantly and consistently review community input and pro actively make the necessary changes that will help create an attractive and livable city. The City of Boynton Beach is experiencing unprecedented growth. With this increase in development come new issues, expectations and demands for expansion and protection of park lands and open spaces. The anticipation of these changes has led to the research and design of this Master Plan in the hopes that every one ofthe demands are met, and that the City of Boynton Beach will continue to find itself among the best communities in the country. The City of Boynton Beach is growing and becoming more diverse in its economic development. In Boynton Beach, parks and recreation services continue to be an integral part of establishing and sustaining a higher quality oflife while highlighting an image and character that is unique to Boynton Beach. To this end, parks and recreation services can affect the city by their ability to: · Provide social benefits by connecting people within the community regardless of income, background and ability. · Provide economic benefits by improving the quality of life in the community and helping to attract businesses and residents to the city. · Provide protection of the environment by establishing greenways, natural areas and open spaces managed by the city. · Provide benefits to individuals and the community by promoting physical fitness and self- improvement. The process used to shape this Master Plan included the following tasks: · Evaluating current services and operations of the Recreation and Parks Department. · Evaluating current and future needs for parks, recreation services, recreation facilities, open space and trails. · Creating equity access maps to visualize and determine gaps of services. · Developing recommendations and an implementation plan for the future that will provide the greatest benefits to the residents. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 2 B. Methodology In 2001, the City of Boynton Beach Recreation and Parks Department commissioned a Needs Assessment, which was prepared by Management Learning Laboratories. The purpose of the assessment was to determine recreation interests, facility usage, and opinion of recreation as related to the Boynton Beach system of parks and facilities. After review of the information that resulted from the study, it was determined that a master plan of the park system should be developed that would steer the direction of the acquisition and development of parks and facilities into the future of Boynton Beach. In July 2004, the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. was hired to solicit public input regarding the city's parks, recreation facilities and programs and to prepare the Conceptual Parks and Recreation System Map. and make change.s to the City's Comprehensive Plan that will allow the recommendations in the System Map to occur. Through a series of meetings with city staff, board members from the Senior Advisory and the Recreation and Parks Boards, and the general public, a system-wide map was developed that indicated existing parks and proposed parks, recreation facilities, greenways, bikeways and open space. (The following paragraph was moved from "Inventory and Analysis") Interviews were held with the City Commission, City Manager, Interim Director of Human Resources, the Planning Team and staff to determine the strengths and weaknesses of the department. Complete summaries of these interviews are included in the Appendix of this report. In summary, the participants were asked four (4) questions regarding the "ideal" park system, issues that need to be addressed, funding mechanisms and partnerships. In general, it was felt by most of the participants that the department has a motivated and dedicated staff, the parks inventory needed to be analyzed, departmental organization needed to be analyzed, funding sources need to be identified and partnerships with schools and private developers should be addressed. Using this information, the Recreation and Parks staff analyzed the current and future needs for additional staff and operating resources. Park standards, or Levels of Service, for park land and facilities were determined. Potential funding sources were identified. In 2007, Recreation and Park staff updated the Strategic Plan to show projects that have been completed since the adoption of the 2006 plan and to match the 2007-2011 Capital Improvements Plan (CIP) as adopted by the City Commission. c. Purpose of Plan The Master Plan has been prepared to address the following key goals: · Assess current needs for recreation and park facilities for the citizens of Boynton Beach. · Assess the future needs for recreation and park facilities for the citizens of Boynton Beach. · Prepare a long range, phased plan for the provision of current and future park needs. · Preservation of important natural and cultural facilities. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 3 · Provide a system of connected greenways and trails for the city. · Provide an effective Parks and Recreation services delivery system for the citizens. · Effective management/administrative/departmental structure; o Effective maintenance system; o Land Development Regulations to provide for future park needs; o Appropriate funding program for future capital improvements; o Creation of appropriate multi-jurisdictional partnerships for the provision ofparks and open space services. II. INVENTORY AND ANALYSIS A.' Parks Classifications The Recreation and Parks Department, through the Strategic Planning process, has developed different park classifications. The following the definitions: Urban Open/Civic Space Urban parks will provide civic open space in the downtown area for the enjoyment of all the residents of the City as well as visitors to Boynton Beach. They serve as elegant public spaces that are designed to complement the urban patterns of downtown Boynton Beach. These parks will serve as urban oases amongst the bustle of downtown activity. Urban parks should be located according to traditional town planning principles and good urban design. The parks will be of two types: (1.) downtown plazas, and (2.) waterfront parks. Additional urban pocket parks will be added to complement the historic urban framework. All of the urban parks should be tied together with a network of streetscaped pedestrian walkways and urban trails. The waterfront park system will build upon and enhance the waterfront park network in the downtown. The waterfront park system will create a connected system of urban park amenities along the waterfront and provide direct access to the activities of the downtown. The park facilities and programs of the park spaces should complement the objectives of the Community Redevelopment Agency. The urban park experience should embrace the spirit of Boynton Beach as a quality-of-life destination with a quaint traditional hometown feel. Community Parks Community parks are typically the largest active parks in the City and serve the largest population base. They are the most comprehensive in terms of recreation activities provided. These parks are the most expensive to build and maintain. The optimum service area for a community park in Boynton Beach should be one (I) mile. Community parks should be serviced by arterial and collector streets and be easily accessible throughout the service area by way of interconnecting trails. While community parks should be strategically located through the community, their locations can be significantly impacted by other types of parks, most notably regional or county parks, which can contain some of the same recreational opportunities provided in community parks. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 4 The optimal size of a community park should be based on the land area needed to accommodate the desired uses. Special Use Parks Special use parks are those parks with unique, specialized amenities that cater to a select group of users. In Boynton Beach, special use parks include the cemeteries, the Little League Park and Kids Kingdom. Efforts should be made to include future special uses in neighborhood and community parks rather than segregate them into separate areas. Neighborhood Parks Neighborhood parks will be the basic unit of the Boynton Beach park system and serve as the recreational and social focus of each neighborhood. They should be developed for both active and passive activitIes geared specifically for those living within the neIghborhood service area. These parks should accommodate a wide variety of age and user groups, including children, adults, seniors, family groups, and special populations. Creating a sense of place in each park by bringing together the unique character of each site with the social character of the neighborhood will be vital to creating a successful design. Neighborhood parks should be centrally located within each service area, which should encompass a 12 mile distance, and if possible, uninterrupted by non-residential streets or other physical barriers. Each site should be accessible from throughout its service area by way of interconnecting trails, sidewalks or low-volume streets. Ease of access and walking distance are critical factors in locating a neighborhood park. A person's willingness to use a neighborhood park is greatly reduced if they perceive it to be diffcult to access or not within a reasonable walking distance. Ease of access, central location and linkage to greenways are the key concerns when selecting a site. The site itself should exhibit the physical characteristics appropriate for both active and passive recreational uses. Since one of the primary reasons people go to a park is to experience a pleasant outdoor environment, the site should have some innate aesthetic qualities. "Left-over" parcels of land that are undesirable for development are generally undesirable for neighborhood parks as well and should be avoided. Additionally, it is more cost effective to select a site with inherent aesthetic qualities, rather than trying to create them through extensive site development. Given the importance oflocation, neighborhood parks should be selected before a subdivision is platted and acquired as part of the development process. It is recommended that 5 acres be the generally accepted minimum size necessary to provide space for a menu of activities. The site should have well-drainage and suitable soils and level topography. Ideally, it should be connected to other park system components such as natural areas, lakes, ponds, and greenways. Land within a flood plain should only be considered if the facilities are constructed above the appropriate flood elevation. Although a park size of 5 acres is recommended, the actual size should be based on the land area needed to accommodate the desired uses. Since each neighborhood is unique, input from neighborhood residents should be used to determine the development program for the park. The guidelines presented here should City of Boynton Beach Recreation and Parks Department Strategic Master Plan 5 be used as a framework to guide program development and ensure consistency with other park system components. They should not be used as an impediment to creative design possibilities. Development of a neighborhood park should seek to achieve a balance between active an~ passive uses. Active recreational facilities are intended to be used in an informal and unstructured manner. Neighborhood parks are not intended to be used for programmed activities that result in overuse, noise, parking problems and congestion. Neighborhood parks should be the basic unit of the Boynton Beach park system and serve as the recreational and social focus of each neighborhood. Conservation Lands The function of an Open Space Park or Greenbelt is to provide space where people can engage in passive and active recreation, provide preservation and conservation of environmentally sensitive areas and habitat for wildlife, and to serve as corridors to effectively link park system components together to form a continuous park environment. These parks should be located in areas of significant natural resources, aesthetic landscapes, and open space. There are no specific standards for how much conservation land a community should have. Instead, it is dependent on the number and quality of natural and historical resources in the area, the public desire to preserve these valuable sites, and the willingness ofthe citizens to provide funds for their preservation. Water and Beach Access Parks These parks offer opportunities for access to and interaction with the Intracoastal Waterway and the Atlantic Ocean. Amenities can include kayaking and canoe launches, fishing areas, observation boardwalks, day docks, boat launching ramps, volleyball courts, picnic areas, restrooms and parking. Generally each park has its own unique features that are defined by the relationship with the water. Neighborhood and community input through the public input process should be the primary determinant of development of any park. The guidelines posted in this document should be used as a framework to guide program development and ensure consistency with the other park system components. They should not be used as an impediment to creative and unique design concepts. B. Inventory 1. Park Land a. Existing Park System The current park system is made up of 3-1-2 parks, cemeteries and open spaces in the following categories: City Qf Boynton Beach Recreation and Parks DepafCtment Strategic Master Plan 6 Urban Open/Civic Space Acres Nei2hborhood Parks Acres Bicentennial Park 1.0 Boynton Lakes Park 8.0 Edward Harmening Arbor 0.4 Civic Center 0.8 Heritage Park 0.1 Forest Hills Park 3.7 Hibiscus Park 0.5 Galaxy Park 4.0 Kiwanis/Sierra Club Park 0.15 Jaycee Park ~ Veterans' Park 0.5 Laurel Hill Park 1.5 TOTAL 2.65 Meadows Park 7.0 Kno llwood Park 3.0 Pence Park 3.4 Community Parks Acres Pioneer Canal Park 2.5 Congress A venue Park 25.0 Rolling Green School 10.0 Ezell- Hester Park 23.0 Southeast Neighborhood 2.3 Intracoastal Park -l4Q TOTAL 4&-f) 46.2 Wilson Park 3.5 TOTAL ~ Conservation Lands Acres 51.5 Seacrest Scrub * 53.7 Special Use Parks Acres Rolling Green Scrub ** 8.0 Barton Mem. Park/Cemetery 5.7 Rosemary Scrub * 13.6 Boynton Beach Memorial 10.0 TOTAL ~ Cemetery 67.3 Little League 11.0 Kids Kingdom 0.5 Water/Beach Access Acres Sara Sims Park/Cemetery 4.0 Boat Club Park 9.5 TOTAL 31.20 Intracoastal Park 10.0 Jaycee Park 5.6 Greenways/Bikeways Acres Mangrove Park 12.0 Palmetto Green 2.3 Oceanfront Park 12.0 TOTAL 2.3 TOTAL .J.J-3 49.1 * Owned by Palm Beach County. Maintained by City of Boynton Beach ** Rolling Green acreage including in total acreage for Ezell Hester Park This is a citywide total acreage of251.15 250.25 acres ofpark, cemetery and open space lands. b. Future Park Sites The following areas are potential future park sites: Site Acres FP&L 7.7 Girl Scout 9.7 Nichols Road 15.4 N autica Pond @. N autica Sound/Meadows I 9.0 City of Boynton Beach Recreation and Parks Department Strategic Master Plan 7 Quantum 15.0 Winchester 5.0 Woolbright Place 3.5 TOTAL 6&MJ 65.30 Thus, there is a potential for 322.75 315.55 acres of park, cemetery and open space lands in the City. 2. Facilities a. Existing Recreation Facilities . Art Center o Community Center with Class Rooms . Boat Club Park o Meeting Room o Play Equipment . City Hall in the Mall o Office Space . Civic Center o Community Center with Class Rooms · Congress Avenue Community Park o Har- Tru Tennis Courts (17) o 4 Hard Surface Tennis Courts o Pro Shop o Locker Rooms/Showers . Ezell Hester Park o Community Center with Activity and Meeting Rooms and Gymnasium o Baseball/Softball Field o Basketball Courts (3) o Volleyball Court (1) o New and Improved Play Equipment o Pavilion o Racquetball Court (4) o Tennis Court (2) o Nature Preserve . Madsen Center o Program Room o Shuffieboard Courts (16) . Senior Center o Community Center with Meeting Rooms, Exercise Room, Kitchen, Computer Room, Arts & Crafts Room and Game Room · Wilson Park and Center Carolyn Sims Center and Wilson Park o See Future Recreational Facilities o Cormnunity Center with Meeting Rooms o Pool City qf Boynton Beach Recreation and Parks Department Strategic Master Plan 8 o Basketball Cow1: (2) o Play Equipment o Multipurpose Field b. Future Recreational Facilities · Intracoastal Park Clubhouse o Community Center with Meeting and Program Rooms · 'Hilson Center Carolyn Sims Center and 'Wilson Park o Existing building to be demo lished o New building will have gymnasium and meeting rooms o Picnic Facilities o Playground o Pool to be renovated replaced o Open Play Field o Basketball Court Be c. Analysis 3. Park Land and Facilities a. Existing Parks and Facilities City qf Boynton Beach Recreation and Parks Department Strategic Master Plan · Urban Open/Civic Space o Bicentennial Park is a passive park on Federal Highway. The park has little to attract visitors; however, it will be greatly impacted by the downtown redevelopment and will become a critical part of the urban open space of the town center. o Edward F. Harmening Arbor Park is a small passive park located adjacent to the East Water Treatment Plant. It has several species of flowing trees. Its location and lack of parking create an iso lated park area with very little visitation. o Heritage Park located on Seacrest Boulevard, is a popular gathering space for neighborhood residents. There is a monument dedicated to Boynton Beach African Americans. The monument is frequently vandalized. Recent beautification efforts include the removal of the planters and installation of 35 palms. o Hibiscus Park is a small park located in the Lake Boynton Estates neighborhood. The playground equipment is scheduled for replacement is FY 2007/08. o Kiwanis/Sierra Club Park is located on Northeast 22nd Avenue and is simply a grassy area. o Veterans Park is located in the downtown core of the City. At present, it is a passive park with large ficus trees. In the 9 future, the park will become precious greenspace in the urban downtown center. City of Boynton Beach Recreation and Parks Department Strategic Master Plan · Nei2hborhood Parks o Boynton Lakes Park is located in the Boynton Lakes neighborhood and contains a playground, a walking trail and a large open grassy area. The play equipment is old and has been '.'andalized. It will be replaced in September 2005. The play equipment and park furniture was replaced In 2005. o Civic Center Park is located on Ocean A venue and has new play equipment and a maze made from shrubs. o Forest Hill Park is located in the Forest Hill neighborhood and is bordered on the west side by a sound barrier wall on 1-95. This park was built in 1972 and is was showing signs of aging. The playground equipment is getting older and there is not a unified landscaping theme. The park furniture and play equipment was replaced in 2006, as was the fence in the front. Plans include replacement of existing and additional landscaping in 2007. o Galaxy Park is one of the oldest parks in the system and is well used. The restroom was renovated in 2005. +he fencing around the baseball field will be replaced in 2005/06. The fencing around the baseball fields was replaced in 2006. The playground equipment needs to be replaced in 2006/07. o JRycee P-Rrk is a 5 acre park located between Federal Highway and the Intracoastal 'Naterway. Currently, there is a bocce ball court: and a fev,' picnic tables; hov/ever, the park is scheduled fur development is 20067. e- Laurel Hill Park, located in the Laurel Hills neighborhood, contains play equipment, a basketball court and an open grassed area. The park was built in 1972 and is in need of renovation. Replacemem of the play equipment and repair of the basketball courts and goals is scheduled in 2005/06. Replacement of the play equipment and park furnishings was completed in 2006. A double rail fence is scheduled for installation in 2007. o Meadows Park is an extremely popular park used by city residents and school groups. While the park was built in 1994, the heavy use has created bare areas around the pavilions and courts. The playgr{)Ufld equipment, trash receptacles and benches are scheduled fur replacement in September 2005. The playground equipment and park furniture were replaced in 2006. Because of the heavy use and enjoyment by park users, this park will require consistent maintenance and upgrades. o Pence Park is the oldest park in the system. Neighborhood residents heavily use the basketball courts. The fence 10 around the baseball field was replaced in 2005. The restrooms were renovated in recent years. The playground equipment is scheduled for replacement in 2006/07. o Pioneer Canal Park has the only freshwater boat ramp in the park system, which is widely used. The ramp was scheduled for renovation in 2004/05 but is on hold pending scheduling of a canal dredging project by the South Florida Water Management District. The tennis courts are also heavily used. The park was not master planned and use of the property is not effective. This park needs to be completely renovated. The installation of a double rail fence. renovation of the restrooms and resurfacing of the basketball and tennis courts is scheduled for 2007. o Rolling Green Park is in the rear of Rolling Green Elementary School and is- was used primarily by soccer players and cricket players. A new school is under construction and the park area is being used as a staging area. Once construction is complete, the park will be restored to a multi-purpose playing field. o Southeast Neighborhood Park is currently furested with mango trees and is in the process of being developed. It is scheduled for completion in 200e.7 and will include a picnic pavilion, two tennis courts, picnic areas, walking trail, landscaping and a small parking lot. . Special Use Parks o Barton Memorial Park is a cemetery that contains early African American resident gravesites dating back to the early 1900's. It is currently closed for burials. o Boynton Beach Memorial Park is the primary public cemetery in Boynton Beach. There are several hundred gravesites remaining and the property ""ill be was replatted to identifY over 300 more sites. The trees were heavily damaged by the 2004 hurricanes and will be were replaced in 2005/06. o Kids Kingdom Playground is a "Leathers" designed wooden and concrete play structure that is an extremely popular destination for residents, schools, camps and visitors. The structure was built in 1996 and is beginning to show signs of wear. The structure must be inspected regularly for splinters and damage. Funds are included in the Capital Improvements Plan (CIP) for annual maintenance. o Little League Park contains four (4) baseball fields that are used primarily by the Boynton Beach Little League organization. Built in 1971, the structures are showing signs of aging. Hurricane Wilma caused considerable damge to the fields and the concession building. Extreme Makeover rebuilt Field 2 and portion of Field 3 and the City of Boynton Beach Recreation and Parks Department Strategic Master Plan 11 concession building. The City rebuilt Field 1 and replaced the lights. Consideration should be given to accessibility codes. o Sara Sims Park and Cemetery is an older park that requires constant maintenance due to vandalism This park is in the CRA district. City of Boynton Beach Recreation and Parks Department Strategic Master Plan · Water Beach Access o Boat Club Park is located between Federal Highway and the Intracoastal Park and provides boat access to the Intracoastal Waterway and Atlantic Ocean. This park is heavily used by both boaters and park users. The fishing pier was replaced in 2004. The restrooms inside the community center were renovated in 2004. Playground equipment is scheduled for replacement in 2008/09. The restrooms are scheduled for renovation in FY 2005/06 2007. The canal will be dredged in November 2007. Additionally, Palm Beach County is providing funding for a new or renovated restroom, new picnic pavilions and improvements to the boardwalk. o Intracoastal Park, the newest park in the system, is located between Federal Highway and the Intracoastal Waterway. It is an extremely popular site that contains picnic shelters and a large, handicapped accessible play structure. A clubhouse will be constructed on the east side of the site in W%is under construction and is expected to be completed in October 2007. o Jaycee Park is a 5-acre park located between Federal Highway and the Intracoastal Waterway. Currently, there is a bocce ball court and a few picnic tables; however, the park is scheduled for development is 200e7. o Kllollwood Park is a 3.0 acre park located at Lawrence Road and Meadows Drive. The newest park in the system, Knollwood was built by D. R. Horton Developers as a public/private partnership. In exchange from fill removed from the park site and used for development, the developer paid for the construction of the park. Park amenities include a pond with well planted littoral zones, a walking path, a gazebo and a small parking area. o Mangrove Park contains a 1/4 mile aluminum walkway through 10 acres of mangroves on the Intracoastal Waterway and includes educational kiosks and an observation deck. Trash accumulation in the mangroves is an unpreventable problem. o Oceanfront Park is the City's only beach access. It is heavily used, primarily by residents of Boynton Beach and Ocean Ridge. The boardwalk was scheduled for replacement in 2004; however, the cost of the replacement exceeded the budget. It is now scheduled for replacement 12 in 2007/08; however, this may need to be reevaluated because of the deteriorating infrastructure that supports the boardwalk. The lifeguard towers are to be renovated in 2005/06.. A design fIrm will be hired in 2006/07 to begin constructIon drawings. . Greenwav/Bikewavs o Palmetto Green Linear Park is located on the south side of the SFWMD C-16 canal. The pathway turns into several overlooks that could serve as fishing piers; however, a great amount of trash and refuse has been tossed off the platforms making fishing difficult. . Conservation Lands o Rolling Green Scrub is actually 5 different scrub sites located in and around Ezell Hester Park. o Rosemary Scrub is owned by Palm Beach County and is maintained in conjunction with the Boynton Beach Recreation and Parks Department. The scrub is open to the public. o Seacrest Scrub is also owned by Palm Beach County, maintained in conjunction with the Boynton Beach Recreation and Parks Department and open to the public. . Community Parks o Congress Avenue Community Park is home to the city's tennis complex. The fencing and lights on several of the courts were replaced in summer of 2005. The park is scheduled fur master planning in 2005/06. A Master Plan was done for future park development that includes a barrier-free park. A fund raising campaign will be conducted to raise the money necessary to build the park. There is a deep water well installed by the Utilities Department on the southwest side ofthe park. o Ezell Hester Park is one of the largest parks in the system and the athletic facilities are heavily used. The sand volleyball courts will be were replaced with a large play structure in 2005/06. o Wilson Park is in the process of a complete renovation. The existing community center 'lIill be has been demolished and replaced with a new, larger one a new two- story center is under construction with completion anticipated in November 2007. New play equipments will also be added. The pool will be renovated or replaced. b. Future Parks . Urban Civic Open Space City qf Boynton Beach Recreation and Parks Department Strategic Master Plan 13 o Woolbright Place, approximately 3 acres located on SW 8th Place and SW 1 st Court, will be sodded and irrigated. Trees from other developments in the City will be relocated to this sight. The City Commission has asked for community input and feedback prior to this project taking place. · Neiehborhood Parks o FP & L Park is located on old Southwest 23rd Avenue directly south of the FP & L Substation and is bordered on the west by the E-4 canal and on the east by the CSX Railroad. This park could be developed so that access to the canal is provided. This 7.68-acre site has not been master planned. o Girl Scout Park is located on the east side ofthe E-4 canal and is heavily treed with mature canopy. This site also could be developed for access to the canal. A master plan has not been done at this time for this 9.73 acre site. o NRHticR P-fJnd Site is a 3 acre site that will be developed into a passive, natl:lfe based park that will featl:lfc a pond and a '.valking trail. The development to the north of the site, Knollv/ood, is anticipated to assist with the funding fur the developmem in exchange fur the fill. o Meadows J/Nautica Sound Park Site is a 9-acre site that could be developed as a community park since there is no community park in this quadrant of the city; however, it is expected that surrounding neighborhoods would prefer a more passive use. A master plan has not been done for this site. · Community Parks o Nichols Property is a 15.4 acre site located on the west side of the Boynton Beach Mall. This site is not within the city boundaries at this time. o Quantum Park Site is a 15-acre site located in the Quantum Corporate Park east of the E-4 canal. A master plan was done for this site that included. athletic facilities; however, it is anticipated that the use will change from active to passive, nature-oriented as gopher tortoises have been spotted on the site. The property is adjacent to a large conservation area, which could be incorporated into the nature-oriented aspects of the park with the addition of interpretive trails. Additionally, this park could be used for access to the canal for canoes and kayaks as part of the greenway/blueway. City of Boynton Beach Recreation and Parks Department Strategic Master Plan · Greenwav/Bluewavs o Palmetto Green Linear Park is planned for expansion from the existing path west to 1-95, then south to Galaxy School. 14 Funds are allocated in the CIP for land acquisition and construction. o The Greenway and Bikeway Master Plan is nearing completion. This plan will show proposed bikeways, greenways and blueways to interconnect the various destination points such as parks, schools, shops, the library and neighborhoods. (The following paragraph was moved to "Methodology") B. Publie and Staff Input Interviews were held with the City Cormnission, City Manager, Interim Director of Human Resources, the Planning Team and staff to determine the strengths and '.veaknesses of the department. Complete surmnaries of these interviews arc included in :< the Appendix of this report. In surmnary, the participants v,'ere asked four (1) questions regarding the "ideal" park system, issues that need to be addressed, funding mechanisms and partnerships. In general, it was felt by most of the participants that the department has a motiyated and dedicated staff, the parks inventory needed to be analyzed, departmental organization needed to be analyzed, funding sources need to be identified and partnerships 'lIith schools and private developers should be addressed. III. COA.LS LA1ND OBJECTI''ES VISION · Ensure Boynton Beach 's Recreation and Park Legacy for Future Generations o Develop fully programmed, fully operational and well-maintained parks, facilities and programs that meet both current and future park and recreation needs. o Keep the public and local leaders informed about the value, benefits, conditions and needs of Boynton Beach's park system. o Coordinate the planning, management, development and funding of parks, natural resources, trails and recreation needs and concerns with other Boynton Beach departments and city, county and regional planning efforts. o Engage the residents to become stewards of Boynton Beach's recreation and park system to help preserve the legacy for future generations. · Design. Build and Maintain Excellent Parks and Recreation Facilities o Develop a park system that adequately serves the citizens' current and future needs in an efficient and affordable fashion. o Develop a set of park design standards that preserve the quality of the recreation and parks system for future generations. o Develop each park, natural area and open space to respect the unique attributes of each site and its neighbors and according to its role in the overall recreation and park system. o Develop parks and facilities that are accessible and available to all residents. Meet and, where possible, exceed the requirements of Americans with Disabilities Act. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 15 o Use environmentally friendly, sustainable methods to build and care for parks, natural resources and recreation facilities. · Create An Interconnected Regional and Local System of Paths, Walkways and Trailsfor Make Boynton Beach a "Walkable Community" o Provide a safe and convenient trails system between parks, natural areas and recreational facilities, and connect them with residential areas, civic institutions and businesses. o Coordinate the development of a regional trails system with surrounding municipalities and the county. o Integrate the parks, community centers, and trails into the neighborhoods. · Provide equal access to parks and recreation programs for all residents in the City o Pursue all opportunities to provide parks and recreation services in new developments throughout the community and in natural areas. o Provide developed neighborhood parks and community facilities within a reasonable distance of every resident. o Provide a geographic distribution of parks and recreation facilities that offer equal access and opportunity for all residents. · Develop Recreation and Parks Facilities that Promote "Community in the City" o Build public plazas and "green connections" in neighborhoods and along main streets. o Provide unique public spaces that give Boynton Beach a special and attractive identity that reinforces the existing character of the City. o Partner with other public agencies, schools and private organizations to maximize parks and recreation opportunities, facilities and programs. o Provide a wide variety of arts, culture, historical and civic amenities in the system. · Provide an Appropriate Set of Land Management Regulations to Accomplish the Long Range Needs of the Park System. o Develop a long-range strategic plan for the City that enables the City to plan and develop specific future parks sites within the context of a well- orchestrated land development scenario. o Review and update the Parks and Recreation Impact Fee structure every three (3) years. o Adopt new standards in the Comprehensive Plan that will assure an adequate and appropriate parks, recreation and open space system. o Establish regulations that require new developments to provide pedestrian and bicycle access into and through the new developments. · Provide Adequate Park and Recreation Maintenance and Management o Establish appropriate maintenance standards to upgrade and enhance the level of maintenance for parks and recreation areas. o Implement a parks and recreation improvement program, include redevelopment of existing areas, maintenance, improvement and renovation of all public areas and facilities. City qf Boynton Beach Recreation and Parks Department Strategic Master Plan 16 o Maintain, secure and manage existing and future parks and open space in a manner that encourages appropriate use. IV. PARK STANDARDS A. Overview Each community is unique. Every City has its own "personality" that differs because of its demographic makeup. Due to differing geographical, cultural, social, economic and environmental characteristics, each community must select a set of standards, which best serves them for the cost of delivering those services. The parks and recreation system 0 f a given City needs to reflect the needs 0 f the residents of that City by setting standards for appropriate service. The standards are an expression of the essential facilities needed to provide the level of park and recreation services desired by the residents in each community. These standards are typically expressed as ratios such as acres of park per 1,000 residents or numbers of tennis courts per 1000 residents. The ratios are very useful in order to quickly assess the quantities and cost of the projected needs. Standards should be practical and achievable, and provide for equitable allocation of parks and recreation resources throughout the community. B. Description of Standards The City of Boynton Beach currently has a level of service for park acreage of2.5 acres per 1,000 residents. It has been determined that this is an appropriate and satisfactory level of services. Currently, the City owns 245.85 acres of developed park land which is more than sufficient to meet this level now and in the future c. Needs Assessment In 2002, the City of Boynton Beach completed a Parks and Recreation Needs Assessment which indicated the following facilities were a priority with those residents that participated in the survey: · Neighborhood Parks · Nature Trails · Picnic Areas · Playgrounds in Parks · Fishing Piers · Amphitheater · Jogging Paths · Multipurpose Fields · Swimming Pools · Passive Recreation Areas · Oreenways · Senior Center · Tennis Courts City qf Boynton Beach Recreation and Parks Department Strategic Master Plan 89% 81% 80% 71% 75% 65% 64% 63% 60% 58% 57% 56% 55% 17 . Baseball Fields 53% . Aquatic Facility 52% . Basketball Courts 50% . Teen Center 50% . Skate Park 49% . Football Fields 47% . Boat Ramps 47% . Soccer Fields 44% . Dog Park 44% It is important that a needs assessment be completed every five (5) years to understand trends and demographic changes. This information will assist the Department in detennining what park facilities and programs are needed and desired by the citizens of Boynton Beach. The City is due for a re- assessment in 2007/08 and a request for funding will be included in the Department's 2007/08 budget req uest. D. Level of Standards The existing Comprehensive Plan includes--fer. the following LOS. CURRENT LOS AND NEEDS 65,208 - 2004 POPULATION FACILITY CURRENT EXISTING NEED PER CURRENT LOS FACILITIES POPULATION NEED Baseball/Softball, Youth 1/15,000 46 4 0 Baseball, Regulation 1/25,000 42 3 I Basketball 1/3,000 13 22 9 Community Center (I) 1/25,000 5 3 0 Fitness Trail (2) 1/30,000 2 2 0 Football/Soccer 1/40,000 1 2 1 Multipurpose Field 1/10,000 1 7 6 Racquetball Court 1/10,000 8 7 0 Picnic Area 1/6,000 21 11 0 Playground I /4,000 17 +417 I Shuffleboard 1 /2,500 16 26 10 Pool (3) 1/40,000 I 2 2 Tennis Court I /2,000 31 33 2 Bocce Court N/A 3 N/A N/A Volleyball Court N/A 4 N/A N/A City qf Boynton Beach Recreation and Parks Department Strategic Master Plan 18 Based on current trends in some recreational activities and on the 2002 Needs Assessment. the following LOS are recommended. RECOMMENDED LOS AND NEEDS 65,208 - 2004 POPULATION FACILITY CURRENT EXISTING NEED PER CURRENT LOS FACILITIES POPULATION NEED Baseball/SoftbalJ, Youth 1/15,000 46 4 0 BasebalJ, Regulation 1/2'w,000 42 J.2 0 Basketball 1/4,000 13 16 3 Community Center (1) 1/25,000 5 3 0 Fitness Trail (2) 1/30,000 2 2 0 F ootballlSoccer 1/40,000 1 2 I Multipurpose Field 1/1 0,000 1 7 6 Racquetball C~lUrt - 1/10,000 8 7 0 Picnic Area 1/3,000 21 26 5 Playground I /4,000 17 22 5 Shuffleboard 1 /5,000 16 13 0 Pool (3) 1/40,000 1 2 1 Tennis Court 1/2,000 31 33 2 Bocce Court 1/25,000 3 3 0 Volleyball Court 1/15,000 4 4 0 Skate Park 1/65,000 0 1 I v. MASTERPLAN A. Conceptual Parks and Recreation System Map The following is the Conceptual Parks and Recreation System map developed through the strategic planning process by Glatting Jackson. It is a result of the numerous meetings and the input from City staff, elected officials, board members and the public. 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III ~AdlIIion 11/ Venelien Isles II SlIver Lakes EsboIes III! llenetilll Terrace HYPOLUXO ~ parkS <D Propbsed Pm .&. Proposed R9lrofifled Paries 'S88 TAle UIIEKl Bikeways , I BoardVlall(' -, . ~~ ~-~ "0'=--,':('-) Wat9r, }""4 GatewliYS ~ ...._J r:::::J Private Property. - - - - Cily,Bpundary l\...,.:iTawn Cen~ '-, City RedeyaDpment Area BouI)ldarY ":''';j ;jr:~~' 'f ' ..~ - ".i~1 '~.su.: ./-''\.- .... ~ .~ ,. " ;t:. "~ I p,', Orlh f ~.~.~ ~ ~ = ,~ '. ~ ...'-. ..;:i .....: - JJJ 3 ", :It J,.:~ ~ -. J ~'sr,. : $. Jl1':~'''''..--'':!:. .~'- .... ~ ,- '.~',". ,::". "'... ';'';:;!ij ~~ !~ _l;:;;;L . l: ,',' ~,. [7 - ii' 'T'; ., h! ;'-1. I .86.' J; ~: . ;~~,~,' ; :':J" ,,)\'~. : .'''' ~..;' :.J:' ,; ., .r, '(.".;".... .,J : ::1 ...-'- ..~ . w '" '" I'" -I' ':t-, .;' "'~ ..' -..t.":' c: .. _ __.. ~~J~ : <> Eo, o ~; (J .. " ~ II> "- '- ~ ~ ~" 3 '~ "r. ..~. .;. ;.. 1: : 8 ,_: , '~~ ,. - ~...:,~'. -~ -t'i.'''- . -, ~- b.. ~'..oJ J '-01"" ffi North o I 0.5 I IllES 2 I 1 January 2005 B. Future Park Improvements THE VISION: CITY OF BOYNTON BEACH'S RECREA nON AND PARKS SYSTEM The Vision for the City of Boynton Beach's Recreation and Parks System is to create a green infrastructure system of interconnected pleasing, functional, and well-maintained open spaces, parks, greenways, streets, and waterways that will provide the permanent physical qualities of a great city. Implementation ofthis Vision will enable the City's Recreation and Parks Department to accomplish its mission to "engage Boynton Beach citizens in diverse recreational experiences, and to cultivate parks and open spaces". Working with City staff, members of the Recreation and Parks Advisory Board, and interested citizens, Glatting Jackson first developed nomenclature for the different components of the City's Park and Recreation System including: · Urban Open I Civic Spaces · Neighborhood Parks · Community Parks · Special use Facilities · Water I Beach Access · Greenways I Bikeways I Trails · Conservation Lands · Regional Parks · Schools I School Parks · Private Recreational Facilities A long range plan was developed for each component of the System, responding to existing and projected population and demographics, lifestyles and needs. LIFESTYLES Early in the planning process, it was determined that the parks and recreation needs of City residents vary depending upon where they live. Therefore the City conducted a "Lifestyles Workshop" on November 17,2004 to discuss differences in both existing and proposed lifestyles and recreation needs in the various quadrants. The notes from the Workshop are attached (Meeting Minutes, November 17, 2004). District I, the Southwest Quadrant, is characterized as an area of retirees living in planned communities, most of which have their own private recreational amenities; therefore the public recreation needs in this quadrant are primarily for large passive parks. It is anticipated that this demographic will change much over the next 15 - 20 years. District IL the Northeast Quadrant, is an older coastal community that is experiencing changes in its demographic mix, with more families and young professional couples moving into the area. This area of the City has more parks and recreation facilities than any other, but many need to be expanded or upgraded to accommodate increasing demands. The community stated that they also needs jogging trails, bike paths, and cultural/arts facilities within walking distance of residents as in other districts in the City. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 21 District IlL the Southeast Quadrant, is also an area of changing demographics, and is the most likely area to "gentrifY" in the coming years. The community's parks system needs to be expanded with more developed open space and recreation facilities to meet the increasing demand. This can be accomplished with the existing inventory. District IV, the Northwest Quadrant, is the highest income area of the City, characterized as "typical suburbia". There are not enough parks and recreation facilities to serve the youth and family-oriented lifestyle of this quadrant, and trails and bike paths are also needed to meet the needs of this growing suburban community. PROPOSED IMPROVEMENTS A Parks and Recreation System Conceptual Master Plan was developed to show the locations of both.existing and prop<?sed facilities to meet the needs outlined above. Following is a description of each of the proposed improvements. The proposed improvements are numbered to correspond to the locations shown on Parks and Recreation System Map. Urban Open / Civic Spaces 1. Bicentennial Park · Complete renovation as an urban civic space for the downtown redevelopment. 4. Veterans Park · Complete renovation as an urban civic space for the downtown redevelopment. 5. Pr-oposcd Town St'jut'lrc · The City is ~urrentl~ .in the proeess of rede'leloping the Tov;? Square area with ~hc ~~ent of encouragIng tradItIonal Town Square uses such as educatIon, commerce, go\emmem, and social interaction. The City should develop an Open Civic Space ,I Plaza with~~he Town Square that would provide opportooities to bring the community together for ~r::;!~l civic events such as celebrations, fcsti';als, concerts, art shows and other city wide activities that in turn could pro';ide revenue for the city. Neighborhood Parks The City of Boynton Beach has ten (10) II Neighborhood Parks in its current Park System. As time and use have taken a toll on some of these facilities, eight (8) parks were identified through workshops and interviews as having a need for retrofitting and/or enhancement. In addition to these renovations, nine (9) parcels owned by the City were identified to be developed as Neighborhood Parks in a phased fashion in order to meet the recreational needs of the City's population as it continues to increase in the years to come. Priority of park development would have to be determined at a later date. Since the adoption of the 2006 Strategic Plan, two (2) parks have been upgraded and two (2) park sites have been developed. 1. Beynton Lt'lkcs Pt'lrk · Replacement of play equipment · Landscaping · Park furniture City of Boynton Beach Recreation and Parks Department Strategic Master Plan 22 3. Hibiscus Park · Replacement of play equipment . Landscaping · Park furniture 5. Laurel Hills Park · Single rail fence · Surface parking area · Resurface basketball court · Replace basketball standards 6. }Jcadm~'S Park · Replacement of play equipment · Landscaping · Park furniture 8. Retrofit Forest Hill Park · Single rail fence · Replacement of play equipment · Resurface basketball court · Landscaping · Park furniture 9. Retrofit Galaxy Park · Replacement ofperimeter fence · Replacement of play equipment · Renovation ofball field · Picnic shelter · Arboretum · Landscaping · Park furniture 11. Retrofit Pioneer Canal Park · Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway · Resurface tennis courts · Single rail perimeter fence · Surface parking lot · Reno.,'ate or replace restroom · Resurface basketball courts · Multipurpose field · Landscaping · P ark furniture 12. New Neighborhood Park - FP&LI Golf Road Park Site · Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 23 13. New Neighborhood Park - Girl Scout Park · Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. 14. Ncw Ncighhorhaad Park Nautica Pond Site · Develop park to meet local residents' needs 15. New Neighborhoad Park - Nautica Sound Park Site · Develop park to meet local residents' needs 16. New Neighborhood Park - Meadows I Park Site .. Develop park to meet local residents' needs 17 "AT "AT' 1.1.. I. d- D 1 ("I #1. # "AT . 1.1.. I. d- D 1 ("1'# ~ I. ",ell)" ,clgNUGrNOG ~ ar.r JOU.Ncas. ",elgNuornOG ~ ar,( al.e · Develop park to meet local residents' needs 18. New Neighborhood Park - Woo lbrigh t/ Leisureville Place Park Site 19. New Neighborhood Park - Quantum Community Park Site · Develop park to meet local residents' needs 20. New Neighbarhood Park - Winchester Park Site · Develop park to meet local residents' needs Community Parks/ Centers Out of the four (4) existing Community Parks/ Centers, one (1) was identified as having a need for retrofitting and one (1) site was identified as a potential Community Park sites to be developed as the need arises. 9. Retrofit WilsGn Cent<:rCaro~vn Sims Center and Wilson Park · New community center · Replace pool · Multipurpose field · Play equipment · Consider spray ground · Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. · Landscaping · Park furniture (Note: The Wilson Park renovation is expected to be complete in November 2007) 10. New Cammunity Park - Nichols Road Site · Develop a multi-purpose Community Park to meet residents' needs 12. Retrofit Congress A venue Community Park · Upgrade the Tennis Center to meet residents' needs (in progress) City of Boynton Beach Recreation and Parks Department Strategic Master Plan 24 . Boundless Playground . Boundless Center . Gardens . Pavilions . Walking trail . Landscaping . Park furniture Special Use Facilities +hree Two Special Use Facilities are proposed to be retrofitted, including two cemeteries. Cemeteries were historically used as passive and contemplative parks. The City of Boynton Beach has the opportooity to revive this tradition and provide its residents with truly memorable and contemplative "Cemetery Parks." 2. Little League Park · N ow well and reno.;ated irrigation · Replace dugouts · Renovate restrooms 11. Retrofit Barton Memorial Park · Consider developing Barton Memorial Park as a "Cemetery Park" that includes historical context. 12. RetrQ/it Congress A',,'Cnue Community Park · Upgrade the Tennis Center to meet residents' needs (in progress) · Boundless PlaY-gt"-ound · Boundless Center · Gardens · Pavilions · 'N alking trail · Landscaping · Park furniture 13. Retrofit Sara Sims Park · Consider developing Barton Park as a "Cemetery Park" that includes historical context · Complete park renovation to include o New restrooms o Picnic areas with pavilions o Play equipment o Single rail fence o Multipurpose field Water/ Beach Access 5. Intracoastal Park · 7,200 square foot Clubhouse City of Boynton Beach Recreation and Parks Department Strategic Master Plan 25 6. Oceanfront Park · Replacement of boardwalk · Rebuild guard towers · Add 2nd story to office · Enlarge maintenance building · Single rail fence · Catwalk over the dune · Additionallighting · Install stairs from lower parking lot · Handicap walking to beach · Paint all buildings 10. Retrofit Jaycee Park · Provide recreational access to Intracoastal Waterway · Develop connection to Woolbright Road · Picnic shelter · Restrooms · Parking area · Play equipment · Walking trail · Interpretive kiosks · Bocce court · Boardwalk · Day docks · Open play space · Landscaping · Park furniture (Note: Jaycee Park is scheduled for development in 2007) Greenways/ Bikeways/ Trails In August 2004 the City Commission approved, in concept, the City of Boynton Beach Greenway and Bikeway Master Plan, which establishes an interconnected system of Green ways, Blueways, Bikeways and Trails throughout the City. This System has been incorporated into the Parks and Recreation Master Plan, as follows: 1. Palmetto Greens · Reoovate r6strooms · Expand the greenway to 1-95 2. Old Train Depot Trail Head · Purchase and renovate train depot as a trail head ineluding a cafe. 3. Develop FEC Corridor Greenway · Develop corridor as a "Transit Greenway" that provides for a multi-purpose recreational path, and connects to adjacent cities and park systems. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 26 4. Develop 1-95 Corridor Greenway · Work with FDOT and the County to establish this Greenway, including a paved multi- purpose path, shade trees, benches, bicycle stands, and signage. 5. Develop Intracoastal Waterway Boardwalk · Develop a pedestrian, recreational promenadelboardwalk along Intracoastal Waterway connecting Woolbright Road and Jaycee Park. 6. Develop Shaded Bikeways Pragram · Enhance roadways throughout the City to create a system of tree-lined boulevards, avenues and streets that link neighborhoods, parks, and commerciaVemployment areas, and safely accommodate motorists, cyclists, and pedestrians. 7. Develop Recreational Greenways · Develop recreational greenways along Canal R.O.W., Utility Easements, and any available vacant parcels as a means to create citywide "Green Infrastructure Network." Conservation Lands The current Park System provides residents with three conservation sites: Rolling Green Scrub, Rosemary Scrub, and Seacrest Scrub. One (1) additional parcels were identified through the interviews and workshop as potential conservation sites that would provide residents with additional passive and educational recreation experiences: 5. New Conservation Land - Quantum Canservation Site (Private) o Acquire site and develop along with Quantum Community Park to create larger and more influential environmental park. Schools/ Religious Institutions Schools and religious institutions provide opportunities for public/private partnerships to meet community recreation needs. Three potential sites for partnerships include: 9. Rolling Green Elementary Schaol/ School Park 10. Tcmplc School Park Temple Beth Kodesh 11. New Congress Middle Schaol/ School Park Private Recreation Facilities Similar to most counties and cities of South Florida, the City of Boynton Beach is comprised of many private and gated Planned Unit Developments (PUD), condominiums, and apartment complexes. Many of these developments provide their residents with recreational facilities and amenities in the form of community pools, playgrounds, sports courts, etc. These facilities, although private, help meet the recreational needs of City residents. Additional Planning, Code Revisions City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 27 Each of the facilities outlined above require further planning and design in order to be implemented. Additionally, the City needs to adopt its Greenway Plan as part of the City's Comprehensive Plan, and revise the Land Development Codes to require the implementation of greenway segment and/or neighborhood and community parks as part of the development approval process. COMPLETED IMPROVEMENTS The following improvements were made during Fiscal Year 2005-06 and 2006-07. Community Parks Ezell Hester Park · Playground equipment · Park furniture Neighborhood Parks Boynton Lakes Park · Replacement of play equipment · Landscaping · Park furniture Laurel Hills Park · Single rail fence · Resurface basketball court · Replace basketball standards Meadovwi Park · Replacement of play equipment · Landscaping · Park furniture Forest Hill Park · Replacement of fence · Park furniture Retrofit Galaxy Park · Park furniture Retrofit Pioneer Canal Park · Resurface tennis courts · Single rail perimeter fence · Renovation of restroom · Resurface basketball courts New Neighborhood Park - Nautica Pond Site Knollwood Park City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 28 . Walking trail . Gazebo . Littoral plantings . Parking lot . Landscaping . Irrigation New Neighhorhood Park - Southeast Neighborhood Park · Picnic shelterlrestraom · Two (2) pavilions · TM'O (2) hocce ball courts · Play equipment . Walking trail · Parking lot · Landscaping · Irrigation Special Use Facilities Boynton Beach Memorial Park · Relandscaping Little League Park · renovated irrigation · Replacement oflighting system · Renovation offour (4) fields · Renovation of concession building · Painting of restrooms and dugouts · Landscaping Congress Avenue Community Park · Landscaping around tennis courts · Removal olexotic plant material · Replacement ollandscape bl{ffer Urban Open/Civic Space Heritage Park · Removal Ql planters · Installation ol35 palms Water/Beach Access Parks Oceanlront Park · Paint all buildings · Replace lifeguard towers City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 29 VI. THE IMPLEMENTATION PLAN The Implementation Plan is the most important aspect ofthe strategic planning process. This phase of the plan proposes a set of strategies for the City of Boynton Beach to put in place in order to realize the various elements of the plan. The Implementation Plan is divided into four sections: A. Capital Improvements Plan, B. Funding Sources, C. Comprehensive Plan, and D. Management and Administrative Recommendations. A. Capital Improvements Plan The City of Boynton Beach uses a 5-year Capital Improvement Plan (CIP) that is updated on an as needed basis. Funding is usually identified for the fIrst two years. The Strategic Plan is a ten-year plan and includes a 10-year CIP. Certain assumptions have to be made as to the timing and details of development of parks and facilities. This is a fluid plan that helps steer the department and can change as plans become reality. The Strategic CIP is included in Appendix C. B. Funding Sources A significant challenge for the City of Boynton Beach in meeting public recreation demands is funding. Significant financial investment is necessary for physical development, land acquisition, maintenance and programming. Implementing the recommendations of the Strategic Plan hinges on the ability to secure funding from multiple sources and responding with effective management of parks and recreation facilities and programs. The major impediment to the implementation ofthe plan is the lack of adequate dedicated funding sources for both capital and land acquisitions, and for ongoing park management. Currently, significant funding deficiencies exist for these. The following funding sources are a comprehensive listing of funding options that the City should consider. 1. Park Impact Fees The City of Boynton Beach currently assesses new development for park impact fees. The purpose of this is to implement the capital facilities element of the Comprehensive Plan by: a. Ensuring that adequate park, recreation, open space and trail facilities are available to serve new development. b. Maintaining the high quality of life in Boynton Beach by ensuring that adequate facilities are available to serve growth thereby providing for the needs of new growth and maintaining existing service levels for present businesses and residents. c. Establishing standards and procedures whereby new development pays its proportionate share of the costs of park, recreation, open space and trail facilities. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 30 Existing fees are charged as follows: · Single-Family, Detached Unit · Single-Family, Attached Unit · Multi-Family Unit $9-10.001,418.00 Per Unit $771.001 ,045.00 Per Unit $656.00924.00 Per Unit Consideration is begin given to increasing the impact fees to assure that sufficient funds are collected to cover the costs of adequate park and recreation facilities. 2. CRA Funding It is expected that CRA funds will be used to renovate existing and/or build new parks in -the CRA district. 3. Grants The following identifies a number of grant sources that are available for land acquisition, park improvements, recreation facilities, greenways and trails, conservation land and programming: · Florida Forever - Florida Communities · Florida Recreation Development and Assistance Program (FRDAP) · Greenways and Trails · Land and Water Conservation Fund (LWCF) · Community Development Block Grant (CDBG) · Palm Beach County Discretionary Funds · Palm Beach County Recreation Assistance Grant (RAP) 4. Debt Financing This method essentially requires a community to sell bonds or otherwise borrow money to be repaid from an annual automatic lien on the general fund. Or a community can pay for its infrastructure in the same way a person borrows money to purchase a home. In both instances, the capital need is immediate and high, the equity appreciation reasonably assured, and the monthly or annual principal and interest payments generally fixed. Like all forms of infrastructure financing, there are some disadvantages and risks. One major risk is voter aversion to approving bond issues, which means an increase in their property taxes. 5. Reserves Reserves are those surplus funds in a local government coffer that are either intentionally built up for a "rainy day" or accrue because the budget requirements were less than the revenues collected. By having sufficient reserves, a municipality does not have to try to sell bonds or borrow capital improvement funds. Reserves are difficult to project. 6. Advance Acquisition of Park and Open Space Land City of Boynton Beach Recreation and Parks Department Strategic Master Plan 31 In this approach, a municipality maps out its future parks, recreation and open space through the comprehensive planning process. It then negotiates with landowners to purchase the property at a fair price, ideally before the land boom prices begin to rise. This approach can work to the advantage of developers and new residents by assuring that the parks and greenways will be there to increase property values and make new subdivisions more attractive to homebuyers. The cost of the property can be repaid back to the city by the developers of the property. 7. Lease- Purchase Contracts These contracts allow a community to begin use of a tract of land without acquiring all of the money needed to purchase the property. Sometimes, the lease fee is higher than the interest on bonds; however, it does provide a means to convince citizens that unless the community comes up with the money to purchase the land, the recreation opportunities enjoyed on the land will be foregone. 8. Sale of Park Land The sale ofunderutilized land should be considered. Reduction of acreage would have a direct impact on the cost for maintenance. 9. Real Estate Transfer Fees As cities expand, the need for infrastructure improvements grows. Since parks add value to neighborhoods and communities, some cities have turned to real estate transfer fees to fund parks and recreation needs. Usually transfer fees amount to 1,4% to Y2% on the total sale of the property. 10. Naming Rights Many cities have turned to selling the naming rights for new buildings or the renovation of existing buildings and parks for the cost associated with the improvement. 11. Cell Towers Cell towers in remote park areas or attached to existing light poles on athletic fields is another source of income. 12. Partnerships Partnerships are joint development funding sources or operational funding sources between two separate agencies, such as two governmental entities, a non- profit and the City, or a private entity and the City. The partners develop park and recreation facilities and share risk, operational costs, responsibilities and asset management based on the strengths and weakness of each partner. 13. Special Taxing Districts City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 32 Taxing districts are established to provide funds for certain types of improvements that benefit a specific group of affected properties. Improvements may include landscaping, park furnishing, public art, supplemental services 14. Boynton Beach Community Trust The incorporation of the Boynton Beach Community Trust will provide a mechanism through which funds can be raised for City projects. It is anticipated that funding for the Congress A venue Community Park and Boundless Playground will be raised through the Trust. C. Comprehensive Plan A critical part of the Strategic Plan is the rewriting of the Recreation and Open Space Element of the City's Comprehensive Plan. The Comp Plan will include the development elements identified in the Strategic Plan and will allow the City to formalize the Strategic Plan to assure the adherence to the plan. The Comp Plan v.'ill be submitted to the Department of Corrnnunity Affairs in Tallahassee in 2006. Review will take approximately nine (9) months. A copy of the plan is included in Appendix B. D. Management and Administrative Recommendations 1. Departmental Organization Current Departmental Organization At the current time, the parks, recreation and transportation divisions make up the Recreation and Parks Department. Traditional departmental organization dictates that these services are usually combined and managed by one director. The fullowing organizational chart depicts the current structure ofthe department: The Department is organized in the following manner: DIVISION FULL- TIME PART-TIME FTE'S Recreation 29 17.67 Parks J-l-32 5.13 Transportation 5 .93 Desired Department Organization Changes need to be made to the existing organizational structure to achieve a balance in duties. A Recreation Superintendent position should be created to supervise the two (2) Senior Recreation Managers. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 33 Future Staffing Requirements Over the past few years, due to budget constraints and through attrition, three (3) positions have been eliminated. One (1) full time position was split into two (2) part time positions. A Recreation Manager position should be created to oversee the Congress Avenue Boundless Park including the tennis operation. +he Recreation Specialist position that oyersees the tennis operation should be eliminated and a A Tennis Professional should be hired on a contractual basis. While the department has been able to continue to provide programming and maintenance at an acceptable level, the addition of new parks and facilities will require the addition of recreation and parks staff It is anticipated that the following staff or services will be needed as new facilities come into being: Future Staffing Costs The following indicates the required additional personnel over the next ten years. The salaries are based on current entry level salaries with a 5% increase for each year. Benefits are not included. 2 ()()6I2()()7 ~ T 'I" " nT" I' H... , 1T , .. # POSITION HOURLY HOURS PER l\NNUAL TOTAL SALA.RY WEEK PER ,A~l\JNUAL POSITION GQ.S1: -I- R-eereatiOB Supervisor ~ 4(). ~ ~ 2- -l--l--4J 4(). 2J.;-784 ~ TOT ,ALL ~ 2()()712()()8 lmpr-<T.'cments: Congress A...-'Cnuc Boundless Park and Therapeutic Center, 1'. .. I. .. ..... ~ , 'V'"..._ # POSITION HOURLY HOURS PER ,A~l\JNUAL TOTAL SALARY WEEK PER ,-\NNUAL POSITION GQ.S1: -I- MaintenliBee Worker SeBior -l--l--4J 4(). 2J.;-784 2J.;-784 2- Maintenanee Worker -U),.9() 4(). ~ #;M4 -I- -l--l--4J 4(). 2J.;-784 2J.;-784 -1- ReereatiOB Manager ~ 4(). ~ ~ -I- ~ 4(). @,84(). @,84(). TOTAL 193,937 2007/2008 Improvements: Intracoastal Clubhouse (IC). Caro(vn Sims Center and Paol at Wilson Park City of Boynton Beach Recreation and Parks Department Strategic Master Plan Position (Location) Hourly FTE's Total Salary Annual Cost Recreation Supervisor (Ie) 15.07 I 3],350 Recreation Specialist (Ie) ] 1.43 1 47,568 Recreation Superintendent 29,25 ] 60,840 Aquatic Supervisor (Pool) 17,52 1 33,441 34 Recreation Leader (Pool) I 8.72 1 27,206 Office Assistant Senior (Pool) I 8.72 1.5 27 .206 TOTAL 227,611 2007/2008 lmprow:ments: Congr-css A';JCnuc Boundless Park and Therapcutic Center, Congress A',JCnue 1Hirldle Schaol # POSITION HOURLY HOURS PER ANNUAL TOTAL SAL-\RY WEEK PER "A.....~NUAL POSITION OOS+ -l- Mainteeanee Worker Senior -l-h4J. 4{). 2J,1&4 2J,1&4 2- Maioteeanee Worker -l-().,9(} 4{). ~ ~ -l- Reereati08 Speeialist -l-h4J. 4{). 2J,1&4 2J,1&4 -l- Reereati08 Manager ~ 4{). ~ ~ -l- ~ 4{). ~ ~ TOTf.L 193,937 2008/2009 l c A B dl P k d n " Center Il/Jrovem ents: onf!res.\' venue OUl' ess ar an ,erapeutlc Position (Location) Hourly FTE's Total Salary Annual Cost Maintenance Specialist 12.62 1 26,250 Maintenance Worker 10.90 1 22,672 Recreation Specialist 11.43 1 47,568 Recreation Supervisor 15.82 1 32,906 TOTAL 2008/2009 - . ".._.0. _~ FIO . . '"".. . '"""" # POSITION HOURLY HOURS PER "A..NNU"Y. TOTAL S.Y.l\RY WEEK PER ANNU"Y. POSITION OOS+ Nooe Needed TOT,^.L 4- 2009/2010 l G"IS P k nprovements: Ir eout ar Position (Location) Hourly FTE's Total Salary Annual Cost None needed TOTAL -0- 2010/2011 City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 35 ~ ~n' . ~ n_..,_ ."Up' : ....'" # POSITION HOURLY HOURS PER "-\.1\fNUAL TOTAL SALARY WEEK PER ANNUAL POSITION OOSI'- 4- Crew Leader ~ 4(). W;M+ W;M+ 4- Mainteaanee Worker -l-b@ 4(). ~ ~ TOTAL ~ 2010/2011 Illprovemellts: NOlle Position (Location) Hourly FTE's Total Salary Annual Cost Crew Leader 14.50 1 30,347 Maintenance Worker 12.62 1 26,250 TOTAL 56,597 2011/2012 - . Dn 11 T ... . f1>'Jrn . ~ . ..,......... ... .... .., '-'....... . ..... , ......y'" # POSITION HOURLY HOURS PER .A..NNUAL TOT"\L SALARY WEEK PER ANNU.\L POSITION OOSI'- 4- R-ecreatiOB Supervisor -l-9-dJ. 4(). ~ ~ 4- ReereatiOB Speeialist -l49-l- @ ~ ~ 4- Pk MaiBten:anee Specialist -l49-l- 4(). ~ ~ 4- Park Mainteaance VI orker -l-J..:..U 4(). ~ ~ TOTAL 155,101 2011/2012 l FP&LP k G IlprOVemellts: ar, reellwt(vs Position (Location) Hourly FTE's Total Salary Annual Cost Park Maintenance Specialist 16.91 1 35,173 Parks Maintenance Worker 13.25 1 27,562 TOTAL 62,735 2012/2013 Improvements: QU(ffltum PIlF!f, GreenwllYs # POSITION HOURLY HOURS PER .A..NNU.\L TOT"\L SAIHA.RY WEEK PER "A...NNU"\L POSITION OOSI'- 4- R-ecreatioa Supervisor -l-9-dJ. 4(). 4+;9% 4+;9% 4- Reereatioo Specialist -l4-9-l 4(). ~ ~ 4- Park Maiateaance Worker Y:-9-l- 4(). ~ ~ TOT.^.L 107,&71 2012/2013 City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 36 l Q P k G Ilprovemell ts: ualltum ar , reellways Position (Location) Hourly FTE's Total Salary Annual Cost Recreation Supervisor 19.23 ] 41.995 Recreation Specialist 16.9] ] 35,172 Park Maintenance Worker 13.91 ] 28,938 TOTAL 107,874 2013/2014 , . -. . CO< . . T . # POSlTION HOURLY HOURS PER ~'\NNU.\L TOT.\L S.\L:\RY WEEK PER .-\..l\JNU AL POSITION GQSI'. Noae Needed TOT.^.L 4- 2013/2014 lllprovements: Nautica Sounds/Meadows 1 Position (Location) Hourly FTE's Total Salary Annual Cost None Needed TOTAL -0- 2014/2015 - ~ : # POSITION HOURLY HOURS PER .-\NNU.\L TOT.\L S.\LARY WEEK PER .-\..l\JNUAL POSITION GQSI'. None Needed TOT.^.L 4- 2014/2015 lnprovemellts: Greellways Position (Location) Hourly FTE's Total Salary Annual Cost None Needed TOTAL -0- ~ 2015/2016 Impro}'ements: Nichols Road Park POSITION I :~J I HO:iER I 8.\L.-\R\C WEEK ANNUAL PER I ~~AL ~A..NNli\L City of Boynton Beach Recreation and Parks Department Strategic Master Plan 37 ~~eNeedOO TOT. .1. I POSITION' ~ ~ I 2015/2016 Inprovements: Nichols Road Park Position (Location) Hourly FTE's Total Salary Annual Cost None Needed TOTAL -0- 2()16/2()17 r . ,,- . # POSITION HOURLY HOURS PER .A~l\JNUAL TOTAL S.'\LA.RY WEEK -PER .A~l\JNUAL POSITION (;()Sl: NORe Needed TOT.^.1. 4- 2015/2016 Inprovements: Greenways Position (Location) Hourly FTE's Total Salary Annual Cost None Needed TOTAL -0- NOTE: Salaries reflect a 5% increase in each out year. Salaries do not include benefits, equipment, etc. 2. Programs The 2002 Parks and Recreation Needs Assessment also determined programming needs. Areas of emphasis in programming indicated that residents of Boynton Beach would like the following: . Festivals and special events . Exercise and fitness programs . Computer classes . Tours oflocal attractions . Arts and crafts pro grams . Senior programs . Activities for pre-schoolers . Summer camps . Tutoring . Dance and music lessons City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 38 . V isual arts . GED programs . Outdoor volleyball . Boating activities . Special needs programs . Singles events . Cricket 81 % of the respondents indicated that they are willing to pay a user fee for new recreation opportunities. The addition of new park facilities and personnel will help provide venues for these additional activities. The-Department will develop a Recreation Programming Plan, which will be reviewed annually to assess and address current and future needs. This plan will be incorporated into the Strategic Plan and updated as required. Additionally, the Needs Assessment will be completed every five (5) years. 3. Revenue Generation Increase User Fees for Programs Unfortunately but understandably, when budgets have to be cut, parks and recreation is one of the first victims. Since the downturn in the national economy, numerous parks and recreation systems have to consider raising user fees to continue to offer quality-programming opportunities. While this is not initially popular with users, a proper marketing and information effort should help users understand the necessity of this strategy. Historically, adult programming has been partially subsidized by the City. It is recommended that Boynton Beach audit the true costs of each program, including maintenance and facility costs, staff costs, advertising costs, etc, Most municipalities believe that children's and teen's programs be partially subsidized, and that reduced cost for participation be given to the financially disadvantaged. The choice of how much the program is subsidized is a philosophical decision to be made by Boynton Beach. It is recommended that Boynton Beach track the true costs for each program and make adjustments so that one program is not subsidized more than another. Facility Rentals As the new community centers and neighborhood parks are added to the system, a fee plan for rental facilities should be developed. Picnic shelters can be used on a fIrst come-first served basis; however, guaranteed use can be made through a reservation program that includes a rental and clean-up fee. A fee plan for rental facilities is being developed by the department. Athletic facilities should also be rented. They are quite costly to maintain so the fees should cover the cost of maintenance and upkeep. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 39 Equipment Rental This revenue source is available through the rental of equipment such as tables, chairs, tents, stages, bicycles, roller blades, canoes, kayaks, sports equipment, etc. Special Fundraisers Many park and recreation agencies have special fundraisers on an annual basis to help cover the costs of specific programs and/or capital projects. Utility Round-up Programs Some park and recreation agencies have worked with the local utilities on a round-up program whereby a consumer can pay the difference between their bill up to the even dollar amount and they then pay the parks and recreation department the difference. Corporate Sponsorships This revenue-funding source allows corporations to invest in the development or enhancement of additional programs in the City. Sponsorships are also used for special events. Foundations These dollars are raised from tax-exempt, non-profit organizations established with private donations in promotion of specific causes, activities or issues. They offer a variety of means to fund capital projects, gifts, fundraisers, endowments, etc. Advertising This revenue source is for the sale of tasteful and appropriate advertising on park and recreation related items such as the City's program guide, scoreboards, dasher boards, fences or other visible products or services that are consumable or permanent that expose the product or service to many people. Signage Fees This revenue source charges citizens and businesses with signage fees at key locations with high visibility for short term events. Signage fees typically run from $25.00 per sign up to $200.00 per sign based on the size and location. Scholarship Program This program allows the City to set across-the-board subsidy rates but offer [mancial assistance to those residents who cannot afford to pay the full amount. In this way, the program subsidy level is maintained and equitable access to the programs is maintained. The scholarship program can be a formal program through which businesses and individuals can donate money specifically to the program. Or the program can be funded with monies from the City, either from the general fund or other designated source. Adopt-A-Park Program The development of a formal Adopt-A-Park program would establish rules and guidelines of responsibilities for the adoptee. It would be recommended that the City q[ Boynton Beach Recreation and Parks Department Strategic Master Plan 40 adoptees be a formal organization such as a neighborhood organization, homeowners association, business, civic group, etc. There is strength in numbers making burn-out less likely. Wish List This method of raising funds or getting materials has proven to be a successful method of augmenting the budget. Each year, the department establishes a ''wish list" of items that they need, such as landscaping materials that are wanted, play equipment, art supplies, even vehicles and equipment. The list is published to the public. The downside is that the results can vary greatly from year to year, depending on the economy's performance. It is suggested that the list not contain any items necessary for the day-to-day operation. Volunteer Program The use ofvolunteers to do clerical work and programming can be a useful tool in augmenting the staffmg levels. The City has a volunteer program that is formalized and includes background checks, regular schedules, job descriptions and evaluations to assure the safety of the clientele and the quality of the vo lunteers. Cost A voidance The City should take a position of not being everything for everyone. It must be driven by the market and stay with the Department's core business. By shifting its role as direct provider, the City will experience savings by deciding whether or not to provide that facility or program. This is cost avoidance. 4. Administrative and Operational Management Priorities Plans As a result of the Accreditation Self Assessment process and strategic planning meetings, the following have been identified as focus areas-;.-for future planning and inclusion in the annual update of the Strategic Plan. · Community and Pl:lblic Relations · Outreach · De'.'eloping relationships and partnerships with other non profit, governmental and corporate entities · Comprehensiye ar.nual evaluation of programs, plans and procedures · Staff de','elopment · Training Plan 06107 · Programming Plan 06/07 · Marketing Plan 06107 · Community Relations Plan 06/07 · Revenue Plan 06/07 · Needs Assessment 07/08 · Technology Plan 08/09 · Preventative Maintenance Plan (No date set) City of Boynton Beach Recreation and Parks Department Strategic Master Plan 41 The Department shall utilize these focus areas in developing annual department and staff goals while continuing to respond to changing conditions, needs and trends, thus ensuring that there is a long range strategy to achieve the Department's mission. VII. MARKETING PLAN To be developed in Fiscal Year 06/07 VIII. PROGRAMMING PLAN To be developed in Fiscal Year 06107 IX. PROFESSIONAL DEVELOPMENT PLAN To be developed in Fiscal Year 06/07 X. EVALUATION To be developed in Fiscal Year 06/07 XI. COMMUNITY RELATIONS PLAN To be developed in Fiscal Year 06/07 XII. REVENUE PLAN To be developed in Fiscal Year 06/07 XIII. NEEDS ASSESSMENT To be developed in Fiscal Year 07/08 XIV. TECHNOLOGY PLAN To be developed in Fiscal Year 08/09 xv. PREVENTATIVE MAINTENANCE PLAN No date set at this time. APPENDICES Appendix A Recommendations from Staff Connections regarding Organizational Structure Appendix B Revised Comprehensive Plan Appendix C 5-year Capital Improvement Plan City of Boynton Beach Recreation and Parks Department Strategic Master Plan 42 ~ Staff Connections, LLC Organization and Employee Development APPENDIX A City of Boynton Beach Recreation and Parks Department Strategic Planning Initiative Organizational Structure Purpose The purpose of the Organizational Structure analysis and recommendations for the City of Boynton Beach Recreation and Parks Department is to develop a structure that helps the Department reach its vision of better serving the recreation and parks needs of City residents. In addition, the recommended structure has been developed as an integral part of the Department's visioning and strategic planning initiative, and the update to the City's Comprehensive Plan Recreation and Parks Element. Background The City Commission and senior managers recognized the importance of providing a vision and strategic plan for the City's Recreation and Parks Department. In addition, the City has chosen to update their Comprehensive Plan Recreation and Parks Element. The City chose the progressive path of preparing an organizational structure for the Department at the same time. To better serve the recreation and parks needs of their residents, the City chose to simultaneously undertake three initiatives: 1. Develop a Recreation and Parks Strategic Plan; 2. Update the City's Comprehensive Plan Recreation and Parks Element; and 3. Develop a Department Organizational Structure. Development of a new organizational structure for the Department is an integral component of the strategic and comprehensive planning initiatives. In fact, the organizational structure is one of three primary components of successfully implementing the vision and strategy of any organization. Graphic 1 represents the integrated way that structure, skills and systems City of Boynton Beach Recreation and Parks Department Strategic Master Plan 39 all interrelate to successfully implement the vision and strategy of the Department within its culture. The structure plays a key role in the success of the Department. Graphic 1 - Elements of Organizational Success Elements of Organizational Success City of Boynton Beach, Recreation and Parks Department Methodology An extensive data collection process was followed including o Interviews; o Collection and review of reports and documents; and o Attendance at staff and planning meetings. A detailed report on the process and information gathered as part of the data collection effort is included in this report as Appendix A. In summary, the following interviews took place: City of Boynton Beach Recreation and Parks Department Strategic Master Plan 40 o Kurt Bressner, City Manager and Wilfred Hawkins, Assistant City Manager - October 21,2004; o John Jordan, Interim Human Resources Director - October 21,2004; o Recreation and Parks Department managers: Wally Majors, Sharon Vicki, John Bebensee, Jody Rivers, Virginia Shea, Sherri Claude, Mary Degraffemeidt and Tom Balfe - November 10, 2004; o Bess deFarber, professional facilitator for several Departmental meetings in 2004 - November 16, 2004; and o Recreation and Parks Department Planning Team - November 17, 2004 (a summary of this discussion is included as Appendix B). t " These interviews played a significant role in the establishment of an understanding of past activities and desired outcomes related to the organizational structure for the City's Recreation and Parks Department. A consistent set of questions was asked of each member/group to provide standardized results. Participants were very cooperative and open with their responses. They appreciated being asked the questions and being involved in the process of developing a new organizational structure for the Department. Extensive notes were taken, summaries prepared and the participants were asked to review the summaries to ensure that their responses were accurately represented. Several of the visioning and strategic planning meetings were attended to better understand the future direction of the Department. It is important to closely link organizational changes with the desired future changes in the delivery and operations of the City's recreation and parks facilities and services. In addition to the interviews and planning meetings, numerous documents were collected and reviewed. The Department supplied the documents including: o History and Tour of Parks, John Wildner, Deputy Director of Recreation and Parks, Documented August 26, 2004 by Virginia H. Shea; o Final Report, City of Boynton Beach Recreation & Parks Staff Planning Sessions, February 11 and 13, 2004, 11 :30 a.m. to 3:00 p.m., Venue: United Way of Palm Beach County, ASK Associates, Inc. dated February 19,2004; City of Boynton Beach Recreation and Parks Department Strategic Master Plan 41 D City of Boynton Beach, Recreation and Parks Department organizational structures for FY 2003-04 and FY 2004-05; D City of Boynton Beach, Personnel Policy Manual, revised date: 08/01/03; and D City of Boynton Beach, Recreation and Parks Department, Boynton Beach, Florida, Marketing and Communications Plan 2003-2005. These documents provided an excellent background on the Department and the progressive work being done by the City. The City and Department have taken many steps to follow a process of continuous improvement in the provision of recreational services and parks facilities for Boynton Beach and this is apparent in the documents. Results and Recommendations This report focuses on the recommended organizational structure and related actions that should take place to successfully implement the new structure. In presenting the organizational structure, insight and recommendations developed as part of this project related to the systems and skills of the Department will also be covered. However, the primary purpose of this project was to focus on the organizational structure and related actions. Appendix C presents the recommended high-level organizational structure for the City's Recreation and Parks Department. In the establishment and implementation of the recommended organizational structure for the Recreation and Parks Department, management and staff should continue to implement the following principles: D Meaningful Participation - in order for any organizational structure to be successful the people being organized must be a part of the process. The staff was consulted and participated in the development of the recommended organizational structure. However, that is not enough. If the Department is to be successful in achieving its vision staff must continue to play an active and meaningful role in the implementation of the structure. D Flexibility - once the basic framework of the structure is established it should remain static for a period of time for it to succeed. However, the managers and staff should be flexible in its implementation. If the staff is to play a meaningful role in its City of Boynton Beach Recreation and Parks Department Strategic Master Plan 42 implementation as recommended above, mmor changes and adjustments to the structure should periodically take place. D Communication - the most important part of any organization is its people and the City's Recreation and Parks Department is no different. Managers and staff have a responsibility to honestly and respectfully communicate up and down the organizational structure as well as across organizational lines. If the Department is to be successful in achieving its vision and strategy its managers must continuously create an environment for the honest exchange of current events, concerns, and ideas for improvements with their staff. Implementation Actions For any organizational structure to be successful it must be understood and supported by the staff. It should also be considered a "living" structure in the sense that it will need to be revised and updated from time to time. The City of Boynton Beach Recreation and Parks Department has established some positive and progressive management measures that should be continued. In addition, several other initiatives were identified as part of this organizational structure project that could help make the Department even more successful and supportive of staff. The Implementation Actions listed below include both existing organizational activities currently being implemented within the Department that should continue and new initiatives identified as part of this study that should be considered by management. Implementation Actions 1 Implement an organizational structure with two professional level Superintendent positions: D Superintendent Parks (existing position), and D Superintendent Recreation Programs (new position). Note: It is anticipated that this changes can be made without \ adding any additional Full Time Equivalent (FTE) positions in x City of Boynton Beach Recreation and Parks Department Strategic Master Plan 43 the Department. Management should present the Organizational Structure represented in Appendix C to staff and ask for input on how the 2 lower levels of the organization should be structured. The intent X is to get their buy-in on how they want to be organized using the high-level structure gl ven m Appendix C as the basic framework. Investigate reclassifying the Recreation Supervisor position 3 (Grade 13) to better reflect the current and expected levels of X responsi bili ties. 6 Designate a person to monitor and track the execution of the im lementation actions. Continue to integrate the City's Core Values into the Department's management philosophy and day-to-day actions by: D D X 5 13 reinforcement during employee recognition, and recognizing specific cases of real life application of the Core Values by staff. Identify management and administrative competencies as key criteria for the performance reviews of the new Superintendent X Recreation Programs osition. The two Superintendents should meet at least weekly to ensure X close coordination and communication between the two units. Maintain the existence and use of the Department Planning Team: D continue rotating the membership among staff, and D use the Planning Team to provide honest and open feedback to management Hold periodic communication meetings between the Recreation and Parks Director and Director of Public Works to coordinate X parks maintenance. Strive to fill Departmental vacancies within 30-60 days to X minimize overloadin existing staff. Continually communicate to staff that the evaluation criteria on their performance reVIews can be changed to reflect their X specific situation. During the performance reviews, managers should focus on X ways that the employees can improve and succeed. Complete the Department's Administrative Policy Manual X 7 8 9 X 10 11 12 14 X City of Boynton Beach Recreation and Parks Department Strategic Master Plan 44 (APM). 15 Clarify Department policy and union rules for time spent during X facility rentals and related events. The following programs currently being implemented by the Department should be continued: 16 0 Walk-A-Mile-In-My-Shoes Initiative, X 0 Get- To-Know- You Questionnaire, and 0 Employee Recognition Program. 17 Improve effectiveness of manager meetings, staff meetings and Planning Team meetings by: o rotating the facilitation of the meetings among staff/managers, o surveying staff on what they want to hear during the X various meetings, o putting more administrative items in e-mailsto staff instead of covering them during meetings, and o minimizing lecture time and promoting more time spent on active partici ation. 18 A training needs assessment should be conducted for managers, supervisors and staff to develop a training and development X program to be implemented at all levels. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 45 City of Boynton Beach Recreation and Parks Department Strategic Planning Initiative Organizational Structure Data Collection Summary This report summarizes data collected by Staff Connections, LLC as part of the City of Boynton Beach Recreation and Parks Department Strategic Planning Initiative. The information collected as part of this effort is related to the Department's organizational improvement efforts. Sources of Information Interviews were conducted using a set of standard questions with the following people: . Kurt Bressner, City Manager and Wilfred Hawkins, Assistant City Manager October 21,2004 . John Jordan, Interim Human Resources Director - October 21,2004 . Recreation and Parks Department managers: Wally Majors, Sharon Vicki, John Bebensee, Jody Rivers, Virginia Shea, Sherri Claude, Mary Degraffenreidt and Tom Balfe - November 10, 2004 . Bess deFarber, professional facilitator for several Departmental meetings in 2004 - November 16,2004 . Recreation and Parks Department Planning Team - November 17,2004 Written comments were also received from Debbie Majors, Sherri Claude, Virginia Shea and Mary Degraffenreidt. The City's Technical Advisory Committee established as part of this strategic planning initiative was consulted and informally questioned on August 24,2004. The following documents from the City of Boynton Beach were reviewed: . History and Tour of Parks, John Wildner, Deputy Director of Recreation and Parks, Documented August 26, 2004 by Virginia H. Shea . Final Report, City of Boynton Beach Recreation & Parks Staff Planning Sessions, February 11 and 13, 2004, 11:30 a.m. to 3:00 p.m., Venue: United Way of Palm Beach County, ASK Associates, Inc. dated February 19,2004 . City of Boynton Beach, Recreation and Parks Department organizational structures for FY 2003-04 and FY 2004-05 . City of Boynton Beach, Personnel Policy Manual, revised date: 08/01/03 . City of Boynton Beach, Recreation and Parks Department, Boynton Beach, Florida, Marketing and Communications Plan 2003-2005 City of Boynton Beach Recreation and Parks Department Strategic Master Plan 46 Data Summary The summary of the data and information collected for the City of Boynton tseach KecreatlOn and Parks Department is divided into five categories: . Department Strategy - the stated direction for the Department in the delivery of parks and recreation services and existing or anticipated impacts to that strategy; . Organizational Structure - the existing organizational structure and information that relates to the structure; . Systems - systems that pertain only to the organization of the Department; . Skills - the existing and anticipated skill sets to help the staff be successful; and . Culture - a collection of information related to the shared attitudes, values and beliefs of the Department staff. Department Strategy The overall strategy for the City of Boynton Beach Recreation and Parks Department can be summarized by the Department's slogan, "We Make Life Fun". The Mission Statement for the Department is: We exist to engage Boynton Beach citizens in diverse recreational experiences and to cultivate parks and open spaces. The Department staff is focused on providing meaningful, desired and cost-effective recreational services and parks to City residents and visitors. This came out consistently in interviews with City and Department managers. Representative comments were: . The Department has a motivated and engaged staff; . Wally has provided excellent leadership of the Department staff; . The Department provides broad-based support to all age groups in the City; . The expansion of the Heart of Boynton Beach and Capital Improvement Plans show a positive effort toward the growth of our department; and . The Accreditation Team is addressing many of the Administrative Policy Manual (APM) policies that are in place and will be able to suggest needed changes to become a more efficient department. The accreditation process that the Department is undergoing is almost universally seen to be a positive action and should be continued and supported. The accreditation process for the Department is thought by staff and managers to be helping set direction and strategy for the Department. It is also thought that the accreditation will maintain and expand the professional delivery of services to residents. Ideas were also recognized for ways of clarifying and improving the Department's strategy: . Eventually address some of the "bouquet" programs offered by the City; . Actively participate in the strategic planning and Accreditation processes to update and clarify the strategic direction for the Department; . The Marketing Plan offers an excellent tool to facilitate the outreach and rollout of existing and new programs; . Special events need to be addressed related to the use of City equipment and staff; . Eventually deal with the use of City parks by the Little Leagu Organizational Structure City of Boynton Beach Recreation and Parks Department Strategic Master Plan 47 The primary issue identified with the organizational structure was the recent reorganization to integrate the parks staff with the recreation staff. Staff recognized the resulting advantages and challenges with this integration; . Getting the parks and recreation staff back together was seen as a very positive action; . The Planning Team established in 2004 has been a very positive addition and should be maintained with rotating membership among staff; . Use the Planning Team to provide management with honest and open feedback; . It was recommended that John Bebensee be given the full responsibility of managing the pool at Wilson Park in line with his job title; . Investigate reclassifying the recreation supervisor (current grade 13) to better reflect the current level and expected levels of responsibility; . The creation of the two Senior Recreation Manager positions, which are essentially superintendents, has divided staff and created an "us vs. them" attitude that needs to be dealt with; . The day-to-day functions of the superintendent jobs should be focused more on administrative and management functions instead of running daily operations and programs; . There should be balance between recreation and parks with a recreation superintendent; . The two superintendent positions should be established and the two people in those positions should work closely together as a team to ensure that the work is well coordinated and communicated; . City Hall in the Mall organization and supervision should be looked at. Systems The Department has a full contingent of systems used to support work being done. Several of the systems were recognized as important and useful worthy of being maintained. Some new systems were identified that could improve efficiencies and improvement of existing systems were also recognized: . The Department's Walk A Mile In My Shoes employee shadowing initiative was perceived as very positive and should be maintained; . The Get To Know You questionnaire used to collect and communicate job related and non-job related facts about the staff was also seen as a very positive tool to use and communicate with staff; . The Department's Employee Recognition Program is very well received and should not only be continued but also used more aggressively by managers and staff; . The Department Administrative Policy Manual (APM) is currently being developed and should be completed which will be very useful to all Depart--- ---~ ____._1_.._ --. . One area for improvement is to address the way employees are spent during facility rentals and related events; . The Department needs better monitoring and communication concerning emergency procedures and equipment; . Ensure a smooth transition in John's departure; City of Boynton Beach Recreation and Parks Department Strategic Master Plan 48 . Use the accreditation process as a way to integrate more consistent decision-making and standard processes; . Make sure that operations are consistent with the "rulebook" and the City's Core Values; . Develop better clarity on guidelines of operations; . May need to restructure work schedules to meet changing demands; . Periodically meet with Public Works (Jeff) to coordinate right of way maintenance and parks maintenance; . Develop a process for periodic review to make sure the Department is meeting the internal needs of the City and the external needs of the residents; . While communication channels do exist between management and staff, such as the Planning Team, manager's meetings and staff meetings, these venues could be used more effectively to ensure that staff is kept aware of important activities in the Department; . One suggestion was to survey the staff on what they want to hear at staff meetings; . Another suggestion was to put the more administrative items in email instead of spending excessive amounts of time on these items during staff meetings. Skills The technical and safety skills of the Department staff were recognized as very good and should be maintained. Several skill areas were identified as needing improvement in the areas of supervision and communication: . Recognition of the importance of having the beach staff certified through the U.S. Life Saving Association; . Provide training and development opportunities on running efficient meetings. . The need to continue to require that all fulltime supervisory employees attain professional certification; . The area of management and supervisory basic skills development was recognized as being important; . Upper level staff should be encouraged to attend out of state training without any travel restrictions. Culture The culture of the Department was generally recognized as a positive and supportive place to work with a solid work ethic. There were also areas identified that could be addressed to make the work environment more positive. These included: . Increasing effective communications between management and staff; . Better integrating the cultures of the recreation, parks and transportation staff; and . Better using staffs time during the numerous meetings that take place. The following comments were received related to culture of the Department: . The Department has a motivated and engaged staff; . There is good cohesiveness of the Department staff; City of Boynton Beach Recreation and Parks Department Strategic Master Plan 49 . Ensure that the Department integrates the City's Core Values in the day-to-day operations of staff; . Recognize specific case studies of real life situations of how the Values are being applied by the Department staff; . Continue to hold the various Departmental meetings but have a variety of staff facilitate the meetings, minimize lecture and promote more active participation, and ensure that they are held when they are scheduled; . It is not necessary for the Director to attend the staff meetings; others can facilitate those meetings. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 50 Recreation and Parks Strategic Plan Organizational Structure Interview Summary with Planning Team November 17,2004 2:00pm-3:00pm 1. What aspects of the City's Recreation and Parks Department are working well and should be maintained? . Communication in the tennis area . The meeting in February of this year was good . Employee of the Month - Star Players . Humorous recognition of staff . Getting a new Parks Superintendent and some new procedures may need to be implemented . The scope/mission of the Department in providing services to the citizens of the City; the number and variety of programs offered 2. What specific actions can be taken to ensure that these behaviors/practices are continued? . See notes above 3. Are there any issues in the Recreation and Parks Department that you want addressed or improved, possibly related to and, if so, how can they be improved? o Span of control o Employee development/training o Supervision o Communication o Organizational structure . The organizational structure . No room for promotion . Part time workers do not receive the same pay increases as full time employees; there are approximately 40 part timers and 60 full timers . City is pushing Core Values on all employees . Part time employees don't receive the same benefits as full time employees . Always a battle at the larger scale City-wide; employees vs. the City; sometimes related to the Union . Some of the things affecting the Department are external and not under the control of the Department . Recreation Specialist positions do not get overtime . Department gets the least amount of overtime compared with other departments . Department philosophy is to minimize overtime to save money . There is a need to plan for staffing needs when planning new facilities . Attrition has resulted in vacancies that never get filled 4. Does the Recreation and Parks Department have systems, processes or equipment that needs improvement to help them do their jobs better? City of Boynton Beach Recreation and Parks Department Strategic Master Plan 51 . The performance evaluation system needs some improvements . Everyone get the same raises - no pay for performance . Union and City disagreed and compromised to give same increases . The top two levels are unattainable . Honest reviews are revised to meet predetermined scales . Set amount of money for the Department for increases - the validity of this statement should be investigated . HR is changing the process and there is some concern that it might not be an improvement . The Department standards are too complex and detailed - hard for everyone to understand; simplify the system . Some wanted to get rid of the entire system . Some wanted a standard cost of living increase with no relationship to the evaluations . Some felt it was not the criteria but the way they were being applied was the problem . The evaluations should focus on how the employees are to improve and how to improve communication between the supervisor and employee . Some people felt that the money part should be a part of the evaluation process - pay for performance - get more of a raise for doing a better job removed from the evaluation process . Training should be provided to the supervisors to help them know how to give feedback to employees . It was recognized that the employees can change the evaluation criteria used in the Department evaluations 5. Is there anything else you would like to tell me about the organization of the Recreation and Parks Department that can help them become even more successful? . The chain of command and organization works well overall . They felt as though they had a great Department . The also felt that they provide great service to the City City of Boynton Beach Recreation and Parks Department Strategic Master Plan 52 Goal 5 Objective 5.1 SYSTEM Policy 5.1.1 Appendix B City of Boynton Beach Recreation & Open Space Element Goals, Objectives and Policies To create and maintain an interconnected system of aesthetically pleasing, functional, and well-maintained parks, pedestrian/ bikeways, greenways, blueways and natural areas that will adequately serve the needs of the current and future residents of the City of Boynton Beach, including seasonal visitors, and special groups such as the elderly and handicapped. The City shall also continue to provide a variety of high quality parks and recreation related programs for all residents. ESTABLISHING THE PARKS AND RECREATION The City shall provide a system of park sites with a variety of both user- oriented and resource based facilities and recreational programs to serve the needs of current and future City residents consistent with the Strategic Plan, dated September 2005 as defined in the Technical Support Documentation. Elements of the system shall include: . Urban Open / Civic Spaces . Neighborhood Parks . Community Parks . Special use Facilities . Water / Beach Access . Greenways / Bikeways / Trails . Conservation Lands . Regional Parks . Schools / School Parks . Private Recreational Facilities . Art in Parks and other Public Spaces Park Adequacy The City shall continue to assess park adequacy, future facility needs, and user preferences and willingness to pay through, at a minimum, the following methods: A. Input from the City's Parks and Recreation Advisory Board, special interest groups, and public meetings, solicited biannually; and B. Park surveys conducted on a five-year basis. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 53 Policy 5.1.2 City Programs The City shall continue to provide a variety of parks and recreation programs for its residents, including the City's baseball, softball, and soccer programs, and other programs for tennis, racquetball, and other activities as needed. Policy 5.1.3 Art in Public Spaces The City shall endeavor to incorporate art in all parks and public spaces throughout the City in order to implement the Art in Public Spaces program. Objective 5.2 ACCESSIBILITY The City shall ensure adequate and safe public access to all existing and future City parks, recreational facilities, and local waterways. This effort shall include vehicular, pedestrian, trail, bicycle, and handicapped access and shall continue to improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City. Policy 5.2.1 Automobile Parking and Bike Rack Facilities for Parks The City shall continue to provide bike rack facilities within all parks developed after the adoption of this Plan. Policy 5.2.2 Automobile Parking and Bike Rack Facilities for Existing Parks The City shall continue to provide bike rack facilities within all existing neighborhood and district parks. Facilities shall be monitored as part of the on-going maintenance effort and deficiencies corrected within 18 months of the plan adoption. Private sponsorship of bike racks will be explored if City funding is inadequate. Policy 5.2.3 Barrier-Free Access in Neighborhood and District Parks The City shall continue to examine the extent of barrier-free access within neighborhood and district parks, and deficiencies will be addressed in a Strategic Plan that sets the phasing and funding. Policy 5.2.4 Retrofit of Barrier-Free Design The City shall adopt the land development regulations to require that all future parks, and applicable facilities, include barrier-free design for the handicapped to be retrofitted, if funds are available, at a rate ofthree parks per year. Policy 5.2.5 Shuttle Service The City shall continue to provide, contingent upon assistanceor support from County and/or the Community Redevelopment Agency, a shuttle service for patrons of beach front parks. Policy 5.2.7 Park Access The City shall ensure that future park sites and facility improvements provide for accessibility of park sites and recreational facilities to City of Boynton Beach Recreation and Parks Department Strategic Master Plan 54 handicapped users and shall ensure the adequate provision of vehicular, bicycle, and pedestrian access ways. Policy 5.2.9 Parks System lnterconnectivity Through the development of the City Greenway and Bikeway Master Plan, approved in August 2004, the City shall promote safe, interconnected pedestrian linkages for its parks and recreation network through provision of greenways, trails, sidewalks, bike paths and bike lanes, where appropriate, to connect each of the City's individual parks and facilities with schools, where feasible, to provide residents with access to the City's parks and schools systems. Recreation Newsletter/Brochure The City shall continue to produce and distribute informational newsletters and periodic brochures that describe the City's park and recreation facilities and programs. Policy 5.2.8 Policy 5.2.10 Lighting The City shall increase access to parks and recreation facilities by providing lighting, or plan for the provision of lighting through project phasing, for all future active-recreation facilities. The lighting design shall minimize impact on adjacent residents and shall be compatible with adjacent property owners. Objective 5.3 LEVEL OF SERVICE STANDARDS The City shall establish and enforce standards and programs to ensure the acquisition and development of park sites and recreational facilities sufficient to meet current and future demands. The City shall also ensure additional public access to recreation sites by providing parks and recreation facilities using, in part, current population data and proj ections, and implementing the improvements outlined in Exhibit 2, Proposed Improvements to the Parks and Recreation System, included in the Technical Support Documentation Policy 5.3.1 Levels of Service: Park Acreage The City shall adopt and maintain a level of service of2.5 acres of developed parkland per 1,000 residents. Policy 5.3.2 Advisory Levels of Service: Recreation facilities The following are advisory level of service standards for the recreation facilities: . Baseball/Soft, Youth - 1 per 15,000 persons, . Baseball, Reg. - 1 per 25,000 persons, . Basketball Courts - 1 per 4,000 persons, . Community Center (1) - 1 per 25,000 persons, . Fitness Trail (2) - 1 per 30,000 persons, . Football/Soccer Fields - 1 per 40,000 persons, . Multipurpose Field - 1 per 10,000 persons, . Racqetball Court - 1 per 10,000 persons, · Picnic Areas - I per 3,000 persons, City of Boynton Beach Recreation and Parks Department Strategic Master Plan 55 Policy 5.3.3 Policy 5.3.4 Policy 5.3.5 . Playgrounds - 1 per 4,000 persons, . Shuffleboard Court - 1 per 5,000 persons, . Pool (3) - 1 per 40,000 persons, . Tennis Court - 1 per 2,000 persons, . Bocce Court - 1 per 25,000 persons, . Volleyball Court - 1 per 15,000 persons, and . Skate Park - 1 per 65,000 persons. Advisory Service Standards The City shall establish" Service Standards" to provide a framework of ideal standards and classification for its Parks and Recreation System. These standards are not part of the City's adopted level of service and are utilized only as a guide for land acquisition and facility provision. They are established as part of the City's goal for setting service standards for an "Ideal City Parks System" to meet residents' parks and recreation needs. Elements of the system include: A. Developed Active Parks and Open Space (Measured by LOS): GOAL: Neighborhood/ School Parks - 12 - 1 mile from every resident GOAL: Community Parks - 25 - 40 acres, 25% preserved for open space, 3 miles from every resident GOAL: Community Centers - minimum of 10,000 square feet; 3 miles from every resident GOAL: Special Use Facilities (dog parks, sports complexes, etc), 3 miles from every resident B. Undeveloped Parks, Passive Parks and Open Space In addition, the City shall set the following nomenclature for undeveloped/passive parks and open space: Urban Open/Civic Spaces; Water/Beach Access; Greenways/Bikeways/Trails; Regional Parks; Historical Sites; and Conservation Lands as identified on the Future Parks and Recreation System Map in the Strategic Plan . Level of Service for Annexation Areas For areas to be annexed, which are platted, developed, under development, or have approved development plans in Palm Beach County, the level of service at time of annexation shall be assumed to be that created by existing park facilities serving the area. Development of New Facilities The City shall pursue the development of facilities consistent with Exhibit 1, Future Parks and Recreation System Map, and Exhibit 2, Proposed Parks and Recreation System Improvements, included in the Strategic Plan,which shall be updated biennially. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 56 Objective 5.4 COORDINATION OF FACILITY PROVISON BY PUBLIC AND PRIVATE ENTITIES The City shall maximize the use of public and private resources in the provision of recreational facilities to meet current and future demands. Policy 5.4.1 The City shall require the provision of recreation facilities and open space by public agencies and private developers Policy 5.4.2 City shall ensure that future private, as well as dedicated areas, are developed to meet identified needs of residents and address geographic deficiencies. Policy 5.4.3 School Facility Joint-Use The City shall continue, through its interlocal agreement, to evaluate the opportunities for the joint use of existing public school and City recreational facilities and, as new public schools are planned, shall coordinate with the Palm Beach County School Board on the location and design of future joint use recreational sites. Policy 5.4.4 Private Facility Use The City shall continue to permit agreements and cooperate with private recreational organizations for use of City parks and facilities in order to . provide a variety of recreational programs. Policy 5.4.5 PrivateINon-Profit Facility Use The City shall continue to make parks and recreation facilities available to private and non-profit groups for cultural programs, special events and festivals, which serve the public interest. Objective 5.6 TRAIL PROVISION The City shall implement the approved Greenway and Bikeway Master Plan (August 2004) to ensure safe access to park sites and shall evaluate available opportunities for the acquisition and development of bike/trail networks which will link park sites (including pedestrian and bicycle trails). Policy 5.6.1 Public Access Trail Provision The City shall consider the construction of a network of pedestrian, bicycle, recreational, and equestrian public access trails that connects to the County's trail system. The intent of the network shall be to interconnect existing parks and facilities and additional recreational facilities for pedestrian activities. The City shall coordinate with the Metropolitan Planning Organization, Florida Department of Transportation, Palm Beach County and other appropriate agencies to study and implement options for coordinated provision of an interconnected trail network. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 57 Policy 5.6.2 Recreational Trail Development The City shall apply for grants and other funds for trail development from the Florida Department of Environmental Protection, other sources of government and private grants, and possibly voter-based referenda. Policy 5.6.3 Road/Bike Lane Provision The City shall continue to evaluate and amend, if necessary, the Land Development regulations and public road design standards for bike paths and/or lanes in conjunction with roadway design and improvements. Policy 5.6.4 Florida Trail/Rails to Trails The City shall coordinate with the Florida Trail Association, the Rails to Trails Conservancy, the Florida Department of Environmental Protection Office of Greenways and Trails and other organizations involved in the acquisition and development of trail systems within Palm Beach County. Objective 5.7 FUNDING OF THE ACQUISITION AND DEVELOPMENT OF PARKS AND OPEN SPACE The City shall continue to fund the acquisition and development of parks, open space and recreational facilities through the use of a variety of funding sources such as the general fund, developer commitments, grants, bonds, user fees, and impact fees. Policy 5.7.1 Recreational Impact Fees The City shall review the City's Recreation Impact Fee regulations biannually in order to assure that new development contributes its proportional share of the cost to expand recreation facilities. Policy 5.7.2 Endangered and Recreation Lands Fund The City shall continue to submit to the County Conservation Land Acquisition Selection Committee (CLASC) areas to be acquired through the County's conservation land acquisition program. Policy 5.7.3 Recreation Grants The City shall continue to pursue State and Federal Grants for the acquisition and development of recreational and open space lands and facilities. Policy 5.7.4 Donation/Matching Funding The City shall continue to pursue donations of land and matching funds to secure grants for the acquisition and development of park sites and facilities. Policy 5.7.5 User Fees The City shall continue to apply the concept of user fees to offset the cost of certain facilities where appropriate. Policy 5.7.6 Bond Referendum The City shall evaluate a bond issue to generate additional parkland, trails, and open space funds to meet needs, if approved by a public referendum. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 58 Policy 5.7.7 Notwithstanding rules and regulations governing the use of lands acquired through dedication or other means, city-owned parkland or property dedicated for recreational/park use should only be sold or converted for alternative use if supported by current needs and demand analysis, is not listed for future development in the Strategic Plan or Capital Improvements Program, and if deemed necessary to further other goals or objectives as supported by current action of the City Commission. Objective 5.8 OPEN SPACE PRESERVATION The City shall develop a system of open spaces through the preservation and/or acquisition of significant lands, native habitat, and habitat of endangered, threatened and species of special concern. Policy 5.8.1 Natural/Environmental Land Preservation Natural areas shall be preservedto the extent possible in accordance with preservation policies in the Conservation Element and Support Document. Policy 5.8.2 Natural/Environmental Land Acquisition Programs The City shall coordinate with the Florida Department of Environmental Protection and all other appropriate agencies to establish and revise regulations and programs for the acquisition of natural/environmental lands. Policy 5.8.3 Passive Recreation Space The City shall incorporate natural open space, especially wetlands and areas unsuitable for development into neighborhood and community parks, as passive recreation space. Policy 5.8.4 Open Space in New, Non-Residential Projects The City shall encourage the incorporation of open space into all new non- residential projects, in addition to any environmentally sensitive areas preserved. Policy 5.8.5 Agency Coordination The City shall work in conjunction with the State of Florida, the South Florida Water Management District, the Nature Conservancy, the Trust for Public Lands, and other appropriate agencies involved in conservation lands to create a citywide open space system and a greenwaysltrails/blueways system. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 59 Appendix C Future Park/Public Space Improvements ( Attachment) ~..'.......'....". ~ Future Park/Public Space Irrproverrents City of Boynton Beach Recreation and Parks Department Strategic Master Plan 60 tIJ W 0:: ~ I- J:- (.)~ <WI- WD..w I:QXc> Z C C .::l I-wl:Q Z:ECO ~wg I:Q>N u..0j::: 00::0 ~~~ (j..J ~ ~ < (.) -~, Z o ~ W 0:: (.) W 0:: C Z < tIJ ~ 0:: < D.. 00 00 00 r-:<"i r- 0 ~ ~ -- ~ ~ ii: .... .... 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D June 19,2007 June 4, 2007 (Noon) D May 1,2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2,2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (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 D Public Hearing D RECOMMENDATION: Motion to accept the enclosed Animal Services Contract (Exhibit "A") reimbursing the City for certain Animal Care & Control services. Contract language and insurance requirements were reviewed and approved by the appropriate departments. EXPLANATION: This is the fifth year the City Of Boynton Beach has participated in this program utilizing the funding available in Article 2, Sections A & C of the contract. Our reimbursements are a direct result of our daily activities that include field responses resulting in the impoundment of stray animals and the sheltering and care of stray and/or unwanted animals. Staff must comply with the record keeping requirements spelled out in the contract and submit those records for the reimbursement of services. We'll collect $25.00 per animal impound and $5.00 per day for each animal sheltered at our facility. Staff maintains records throughout the year thereby allowing us to submit for retroactive reimbursement to October 1, 2006. We typically qualify for the maximum reimbursement due in part to staffs diligence in maintaining their records and submitting compliant invoicing. PROGRAM IMP ACT: The Animal Care & Control program will continue to provide the high level of service the community is accustomed to; however there will be a portion of staff time dedicated to complying with the conditions of the contract in terms of documentation and reporting. FISCAL IMP ACT: The Animal Care & Control Division will continue to apply the reimbursement dollars to fund Division expenses. AL TERNA TIVES: i~ CIty Manager's Signature Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, 5 AUTHORIZING EXECUTION OF AN ANIMAL SERVICE 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 7 AND PALM BEACH COUNTY ANIMAL CARE AND 8 CONTROL DIVISION, FOR THE REIMBURSEMENT OF 9 CERT AIN COSTS ASSOCIATED WITH ANIMAL CARE AND 10 CONTROL SERVICES; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City of Boynton Beach Animal Care and Control Division received 14 a grant from Palm Beach County for reimbursement of certain costs associated with Animal 15 Control services in an amount not to exceed $25,000.00; and 16 WHEREAS, the City Commission of the City of Boynton Beach upon 17 recommendation of staff, deems it to be in the best interest of the citizens of the City of 18 Boynton Beach to authorize execution of this Animal Services Agreement. 19 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, 21 THAT: 22 Section 1: The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2: The City Commission of the City of Boynton Beach, Florida hereby 26 authorizes execution of the Animal Service Agreement with Palm Beach County Animal 27 Care and Control Division, a copy of said Agreement is attached hereto. 28 29 Section 3: This Resolution shall take effect immediately upon adoption. S:\CA\RESO\CiraIHs\Al11mal Control Services 040207.doc I' I 1 PASSED AND ADOPTED THIS _ day of April, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Mack McCray 16 17 18 Commissioner - Carl McKoy 19 ATTEST: 20 21 22 23 Janet Prainito, City Clerk 24 25 26 (Corporate Seal) II S:\CA\RESO\Grants\Animal Control Services 040207.doc I, \ /~ 1\ ANIMAL SERVICES CONTRACT FOR PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION WEST PALM BEACH, FLORIDA This Contract is made as of the day of , by and between _~_____Jhereinafter referred to as AGENCY whose federal tax identification number is ), that is a not-far-profit 50 I -C-3 corporation in the State of Florida, and Palm Beach County, a political subdivision of the State of Florida, by and through its Division of Animal Care and Control on behalf of the Board of County Commissioners, hereinafter referred to as the COUNTY, for the provision of animal services. WHEREAS, the COUNTY provides various animal services: and WHEREAS, the AGENCY is able to provide said services for compensation_ NOW, THEREFORE, in consideration of the mutual promises contained herein. the COUNTY and the AGENCY agrce as follows: ARTICLE 1 - ANIMAL SERVICES The AGENCY'S responsibility under this agreement is to provide animal services, as more specifically set forth in the Application and Scope of Work detailed in Exhibit "A"_ The Agency shall provide animal services during the period October 1, 2006 through September 30, 2007. ARTICLE 2 - REIMBURSEMENT RATES FOR SERVICES The COUNTY may reimburse the AGENCY for services the AGENCY provided hereunder within the geographical boundaries of Palm Beach County at the following rates: A. FIELD OFFICER RESPONSE: J. The rate for providinl!: AGENCY response to calls from the public to pick- up stray or confined animals within Palm Beach County and take the animal to the AGENCY's Palm Beach County shelter: Rate per Response: $25.00 B_ ADOPTION MEDICAL and CLINIC SERVICES: J. The rate for providin!! spavin!! or neuterin!!. micro-chippinl!:. rabies inoculation and COUNTY rabies tal! of an animal beinl! prepared for adoption to a Palm Beach County resident adopter: Rate per Complete Procedure: $110.00 (Note: Spay or neutering performed bv the Palm Beach County Spay Shuttle are not eligible for reimbursement.) 2. The rate for the AGENCY'S routine adoption medical exam of an animal to be adopted by a Palm Beach County resident: $50.00 c. KENNEL/SHELTERING: 1. The daily per-diem cost to house and feed stray or "owner relinQuished" animals from Palm Beach County for UP to five (5) days: $5/dav/animal Invoices documenting the AGENCY's reimbursement request may be submitted to Animal Care and Control monthly. The AGENCY shall receive no additional compensation for performance under this Agreement except as provided for herein and under no circumstances shall the total value of all combined services exceed $ Final Invoice: In order for both parties herein to close their books and records, the AGENCY will clearly state "final invoice" on the AGENCY'S final/last billing to the COUNTY. The final invoice must be received by Animal Care and Control no later than 5:00 pm on September 30, 2007, the final day of the Agreement period. This certifies that all services have been properly performed and all charges and costs have been invoiced to Palm Beach County. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, are waived by the AGENCY. The COUNTY's representative will review invoices received from the AGENCY pursuant to the agreement. If the invoice has been determined to be in conformity with the Agreement, it will be approved by the COUNTY's representative and then sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the COUNTY representatives' approval. The COUNTY shall not be obligated to provide the AGENCY with any fringe benefits. The COUNTY shall not be obligated to withhold U.S. income tax, withholding or social security tax, unemployment, or worker's compensation payments, and any similar withholdings. It is expressly understood that the AGENCY is not entitled to participate in the State Retirement Program. ARTICLE 3 - MINIMUM REQUIRED DOCUMENTATION The services described below are only applicable for the reimbursement request submitted by the AGENCY in Article 2 above that occur or are generated from within Palm Beach County. The AGENCY shall use reimbursement forms provided by the COUNTY, see attached, or AGENCY forms approved by the COUNTY. By submitting a request for reimbursement, the AGENCY agrees to be governed by the laws of the State of Florida and the COUNTY which pertain to the treatment, care, and sheltering of animals. A. FIELD OFFICER RESPONSE The AGENCY shall respond to all requests for the pick up of stray or confined animals within the geographical boundaries of the AGENCY's normal working areas within Palm Beach County. For each Field Officer Response that will be reimbursed. as a minimum requirement. the AGENCY shall submit documents that record: the date and time the request for response was received bv the AGENCY: the name. phone number. and address of the person makinl!: the request: the location of the pick up of the animal: a description of the animal. incIudinl!: its species. markinl!:s. sex. anv identifvinl!: markinl!:s. tattoos. ID tal!:s. collars. and anv other AGENCY specific numberinl!: or 10l!:l!:inl!: of the animal: and verification that the animal was checked al!:ainst the COUNTY'S "lost/found" database. B. ADOPTION MEDICAL AND CLINICAL SERVICES Animals being adopted from the AGENCY shall be spayed or neutered before the animal is released to the adopter. A State of Florida licensed veterinarian shall perform the spaying or neutering procedure. For each spav or neuter that will be reimbursed. as a minimum. the AGENCY shall submit documents that record: the name of the veterinarian and his/her State of Florida veterinarv license number: the procedure performed: the specific AGENCY l!:enerated identification name or number l!:iven to the animal beinl!: spaved or neutered: the batch or control number and name of the manufacturer of the rabies vaccine l!:iven to the animal: the manufacturers name and specific unit number of the implanted micro-chip in the animal: the name and Palm Beach County address of the adopter: and the Palm Beach County rabies tal!: number issued for the animal. Animals available for adoption shall receive a medical evaluation. For each initial medical examination that will be reimbursed. as a minimum. the AGENCY shall submit documents that record: the specific AGENCY l!:enerated identification name or number l!:iven to the animal beinl!: evaluated: the name of the person performinl!: the evaluation: a Iistinl!: of the procedures performed and their 2 findin2s, if any: and a schedule of medications or treatments as a response to the dia2nostic findin2s. C. KENNEL/SHELTERING The AGENCY shall kennel or shelter animals generated from within Palm Beach County according to the minimum criteria established by thc COUNTY. For each animal that the AGENCY will be reimbursed, the AGENCY, at a minimum. shall submit documents that record: the specific AGENCY 2enerated identification name or number 2iven to the animal bein2 provided shelter: the date the animal entered the shelter: and the date the animal left the shelter or is still at the shelter after a five (5) dav holdin2 period. ARTICLE 4 - PERSONNEL The AGENCY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. The AGENCY shall submit the names of such personnel who are employees of, or have any contractual relationship with, the COUNTY prior to the execution of this Agreement. The COUNTY shall detemline the extent of any conflict of interest with the personnel prior to the execution of this Agreement. The AGENCY shall assure that all of the services performed and required herein shall be performed by the AGENCY or by personnel under its supervision. All personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. The AGENCY warrants that all of the services provided by, or on its behalf, pursuant to the Agreement will be performed with reasonable care, skill and diligence in accordance with generally and currently accepted professional principles and practices for similar scrvices. ARTICLE 5 - A V AILABILITY OF FUNDS The COUNTY's perfomlance and obligation to pay under this Agreement is contingent upon ai, annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 6 -INSURANCE A. AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times during the life ofthis Agreement, insurance coverage and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY'S review or acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the Al:,Tfeement. The COUNTY may approve different coverage and limits if requested by the AGENCY prior to execution of the Agreement. B. Commercial General Liabilitv The COUNTY requests the AGENCY maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department. AGENCY shall provide this coverage on a primary basis. The COUNTY may approve different coverage and limits if requested by the AGENCY prior to execution ofthe Agreement. C. Business Automobile Liability The COUNTY requests the AGENCY maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event AGENCY doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing AGENCY to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorscment to the Commercial General Liability, or separate Business Auto coverage form. AGENC shall provide this coverage on a primary basis. The COUNTY may approve differc. coverage and limits if requested by the AGENCY prior to execution of the Agreement. 3 D. Worker's Compensation Insurance & Emplovers Liabilitv AGENCY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. E. Additional Insured AGENCY shall endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach Countv Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Emplovees and Agents." AGENCY shall provide the Additional Insured endorsements coverage on a primary basis. F. Waiver of Subrol!:ation AGENCY hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then AGENCY shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should AGENCY enter into such an agreement on a pre-loss basis. G. Certificate(s) of Insurance Prior to execution of this Agreement, AGENCY shall deliver to the COUNTY a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. The certificate of insurance shall be issued to: Palm Beach County c/o Animal Care and Control 7100 Belvedere Road West Palm Beach, FL 33411. H. Umbrella or Excess Liabilitv If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. J. Ril!:ht to Review COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Agreement. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 7 - INDEMNIFICATION AGENCY shall fully indemnify and save harmless, COUNTY, its officers and employees, and each and everyone of them, from and against all actions, damages, costs, liabilities, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by COUNTY'S staff attorneys or outside attomeys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "liabilities"), whether at trial or appellate levels or otherwise, to which any or all of them may be subjected, as a direct or indirect result of any personal il\iury or property damage arising from any negligent act or omission or willful misconduct of AGENCY, its 4 officers, employees, or agents in connection with the performance or nonperformance of the Agreement, whether or not such liabilitics arc litigated, settled or reduced to judgment. AGENCY shall, upon COUNTY'S request, defend at AGENCY's sole cost any action, clail" suit, cause of action or portion thereof which asserts or alleges liabilities resulting directly indirectly from any personal injury or property damage arising from any negligent act l" omission or willful misconduct of AGENCY, its officers, employees, or agents in connection with the performance or nonperformance of the Agreement, whether such action, claim. suit, cause of action or portion thereof is well founded or not. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to the COUNTY'S negligence or willful misconduct, the COUNTY shall pay the portion of damages that is allocated to the COUNTY'S negligence or willful misconduct. The existence or acceptance by COUNTY of any of the insurance policies or coverage described in the Agreement shall not affect any rights COUNTY may have under this Article. The provisions of this Article shall survive any termination of the Ab'Teement. Nothing herein shall be considered to be a waiver of sovereign immunity, nor an agreement to alter the limits of liability that are set forth in s. 768.28, Florida Statutes. ARTICLE 8 - SUCCESSORS AND ASSIGNS The COUNTY and the AGENCY each binds itself and its partners, successors, executors. administrators and assigns to the other party of this Agreement and to the partners, successors. executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the COUNTY nor the AGENCY shall assign, sublet. conveyor transfer its interest in this Agreement without the written consent of the other, except that the AGENCY may assign his/her right to receive payment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the AGENCY. ARTICLE 9 - REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal act' necessary to enforce the Agreement will be held in Palm Beach County. No remedy here.. conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 10 - CONFLICT OF INTEREST The AGENCY represents that he/she presently has no interest and shall acquire no interest. either direct or indirect, which would conflict in any manner with the perfonnance or services required hereunder, or as provided for in Florida Statute 112.311. The AGENCY further represents that no person having any interest shall be employed for said performancc. The AGENCY shall promptly notify the COUNTY'S representative, in writing by certified maiL of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the AGENCY'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the AGENCY may undertake and request an opinion of the COUNTY, as to whether the association, interest or circumstance would, in the opinion of the COUNTY constitute a conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the AGENCY of his/her opinion by certified mail within thirty (30) days of receipt of notification by the AGENCY. If, in the opinion of the COUNTY, the prospective business association. interest or circumstance would not constitute a conflict of interest by the AGENCY, the COUNTY shall so state in the notification and the AGENCY shall, at his/her option, enter into said association, interest or circumstance and he/she shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the AGENCY under the tenns of t' Agreement. 5 ARTICLE 11 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The AGENCY shall deliver to the COUNTY'S representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Agreement. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the AGENCY and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Agreement for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. The COUNTY and the AGENCY shall comply with the provisions of Chapter 119, Florida Statute (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. ARTICLE 12 - INDEPENDENT CONTRACTOR RELATIONSHIP The AGENCY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Agreemcnt shall at all times, and in all places, be subject to the AGENCY'S sole direction, supervision, and control. The AGENCY shall exercise control over the means and manner in which he/she and hislher employees perform the work, and in all respects the AGENCY'S relationship and the relationship of hislher employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents ofthe COUNTY. The AGENCY does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than specifically provided for in this Agreement. Subcontracting is not allowed. ARTICLE 13 - ACCESS AND AUDITS The AGENCY shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the AGENCY'S place of business. ARTICLE 14 - NONDISCRIMINATION The AGENCY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 15 - ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attomey's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may bc entitled. 6 ARTICLE 16 - AUTHORITY TO PRACTICE The AGENCY hereby represents and warrants that he/she has and will continue to maintaII1 all licenses, designations, certifications and approvals required to conduct his/her business. ~ that he/she will at all times conduct its business activities in a reputable manner. Proof of sue., licenses and approvals shall be submitted to the COUNTY'S representative upon request. ARTICLE 17 - SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable. the remainder of this Agreement, or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other tcnn and provision of this Agreement shall be deemed valid and enforceable to the extenl permitted by law. ARTICLE 18 - PUBLIC ENTITY CRIMES As provided in F.S. 287. I 32- I 33, by entering into this Agreement or performing any work in furtherance hereof, the AGENCY certifies that he/she, his/her affiliatcs. suppliers. subcontractors and AGENCY'S who will perfonn hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Serviccs within the thirty-six (36) months immediately preceding the date hereof. This notice is required by Florida Statutes, Section 287.133(3)(a). ARTICLE 19 - NOTICE All notices required in the Agreement shall be sent by certified mail, retum receipt requested, and if sent to the COUNTY'S representative shall be mailed to: County Administrator P.O. Box 1989 West Palm Beach, Florida 33402 and Animal Care and Control 7 I 00 Belvedere Road West Palm Beach, Florida 33411 with a copy to: County Attomey's Office P.O. Box 1989 West Palm Beach. Florida 33402 and if sent to the AGENCY shall be mailed to: Boynton Beach Animal Control P. O. Box 310 Boynton Beach, FL. 33425-0310 ARTICLE 20 - CONTRACT TERMINATION This Agreement may be canceled by the AGENCY upon thirty (30) days prior written notice to the COUNTY'S representative. It may also be tcrminated by the COUNTY, with or without cause, immediately upon written notice to the AGENCY. Unless the AGENCY is in bread this Agreement, the AGENCY shall be paid for services rendered to the COUNT satisfaction through the date of termination. 7 After receipt of a Termination Notice and except as otherwise directed by the COUNTY, the AGENCY shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. D. Continue and complete all parts ofthe work that have not been terminated. ARTICLE 21 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the AGENCY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 22 - CRIMINAL HISTORY RECORDS CHECK The AGENCY shall comply with the provisions of Ordinance 2003-030, the Criminal History Records Check Ordinance ("ordinance"), if AGENCY'S employees or subcontractors are required under this Agreement to enter a "critical facility" as identified in Resolution R-2003- 1274. The AGENCY acknowledges and agrees that all employees and subcontractors who are to enter a "critical facility" will be subject to a fingerprint based criminal history records check. Although COUNTY agrees to pay for all applicable FDLE/FBI fees required for criminal history record checks. The AGENCY shall be solely responsible for the financial, schedule, and staffing implications associated in complying with Ordinance 2003-030. ARTICLE 23 - FEDERAL AND STATE TAX The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign an exemption certificate submitted by the AGENCY. The AGENCY shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the AGENCY authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The AGENCY shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Agreement. ARTICLE 24-EXCUSABLE DELAYS The AGENCY shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the AGENCY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon the AGENCY'S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the AGENCY'S failure to perform was without it or its subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any of the work at any time. ARTICLE 25 - ARREARS The AGENCY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The 8 AGENCY further warrants and represents that it has no obligation or indebtedness that \\uuld impair its ability to fulfill the terms ofthe Agreement. ARTICLE 26 - CONTINGENT FEES The AGENCY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the AGENCY to solicit or secure this Agreement and that it has not paid or ab'Teed to pay any person, company, corporation, individuaL or fim1- other than a bona fide employee working solely for the AGENCY, any fee, commission. percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 27 - MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work, including alterations. reductions therein or additions thereto. Upon receipt by the AGENCY of the COUNTY'S notification of a contemplated change, the AGENCY shall, in writing: (I) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the contemplated change shall affect the AGENCY'S ability to meet the completion dates or schedules ofthis Agreement. If the COUNTY so instructs in writing, the AGENCY shall suspend work on that portion of the Scope of Work affected by the contemplated change, pending the COUNTY'S decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the AGENCY shall not commence work on any such change until such written amendment is signed by the AGENCY and approved and executed on behalf ofthc Palm Beach County. ARTICLE 28 - REGULATIONS; LICENSING REQUIREMENTS The AGENCY shall comply with all laws, ordinances and regulations applicable to the serviCe contemplated herein, to include those applicable to conflict of interest and collusion. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY and thc AGENCY has hereunto set its hand the day and year above written. Sharon Bock, Clerk & Comptroller PALM BEACH COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Vincent J. Bonvento. Assistant County Administrator WITNESSES AS TO THE AGENCY AGENCY Witness By: __~___~____ Title: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO THE TERMS AND CONDITIONS By: By: County Attorney Paul W. Milelli, Director Public Safety Department <) Sl\~'!...~1:- / __. .... .~__.__ ~'l\ \"\ rJ\--.-. -.- -- jX o ". ,((,I J- "~'-c. --,/~ \t ~>o~~~, VI.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office ~ April 17,2007 April 2, 2007 (Noon.) D D May 1, 2007 April 16,2007 (Noon) D D May 15,2007 Apri130,2007 (Noon) D D June 5, 2007 May 14,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19, 2007 June 4, 2007 (Noon) July 17, 2007 July 2, 2007 (Noon) o --l :D'> v ;::0 July 16, 2007 (Noon) I 0' C) C")--t :=; --< <0 -') -., 'Xl ':J ..~J ~/ July 3, 2007 June 18,2007 (Noon) August 7, 2007 :x:- ---1 ::I: 0 D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM IX] Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D u::;. --,";CD ';:'~ (11 ...> "I~ w RECOMMENDATION: Approve Resolution revising the procedures governing expenditures of the Community Investment Funds. EXPLANATION: Over the past several years, a wide variety of activities benefiting the community have been funded by Community Investment Funds. More recently, the policy for use of these funds has become more liberal with the underlying test still being whether the expenditure serves a public purpose. Since the determination of public purpose is reserved to the City Commission, a recommendation for different procedure is attached. The City auditors have reviewed the new procedure and find that it would provide adequate controls over these transactions. The City Commission, at the Commission meeting of April 3, 2007, requested that this be done via Resolution. PROGRAM IMP ACT: The new procedure would eliminate the need for administrative research as it would be presumed that a member of the Commission would not move a request forward without being personally satisfied that the use of funds serves a public purpose. FISCAL IMP ACT: N/A AL TERNA TIVES: Not approve the change to the Community Investment Funds procedure and remain with the use of Community Investment Funds that currently exists. '~-- Assistant to City Manager Department Head's Signature /~ \ \', 'I i !~:~:~~~~~~~ City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R 07 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REVISING THE PROCEDURES 5 GOVERNING EXPENDITURES OF COMMUNITY 6 INVESTMENT FUNDS; RESCINDING CONFLICTING 7 PROVISIONS OF PREVIOUS RESOLUTIONS AND 8 POLICIES GOVERNING THE PROCEDURE FOR 9 EXPENDITURES OF COMMUNITY INVESTMENT 10 FUNDS; AND PROVIDING AN EFFECTIVE DATE. II 12 WHEREAS, the City Commission of the City of Boynton Beach desires to revise the 13 procedures governing expenditures of the Community Investment Funds which support 14 projects and activities in the City which are accessible and beneficial to the citizens of the 15 City; and 16 WHEREAS, the City Commission is vested with the non-delegable authority to make 17 determination of public benefit prior to the expenditure of public funds; and 18 WHEREAS, passage of this Resolution will rescind all conflicting provisions of 19 previous Resolutions and policies governing the procedure for expenditures of Community 20 Investment Funds. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 23 24 ratified and confirmed by the City Commission 25 Section 2. That the City commission of the City of Boynton Beach does hereby 26 revise the procedures for expending Community Investment Funds as follows: 27 Procedures for Consideration of Expenditures 28 The procedures for expenditures from the Community Investment Funds are as follows: 29 1. When an individual member of the Commission identifies a need for the use of 30 Community Investment Funds, the member of the Commission shall contact the City 31 Manager's Office with specifics of the request at least one day before the Pre-Agenda 32 Meeting. The summary of the request will be prepared in the form of an agenda coversheet 33 by the City Manager's Office listing the amount of the request, the organization and the 34 intended purpose of the Community Investment Funds. The City Manager's Office will also 35 include the available balance of Community Investment Funds for the member of the S:\CA\RESO\Community Inv Funds 040407.doc 1 2 3 4 5 6 7 8 9 10 11 Commission. The member's request will be placed on the Consent Agenda for approval as part of the Pre-Agenda Meeting. Unless removed from the Consent Agenda of the following City Commission meeting, the expenditure will be approved with the implied funding that the use serves a public purpose. 2. Any member of the Commission may pull the Consent item for the purpose of further discussing the public purpose and/or appropriateness of the expenditure. Following discussion the review shall conclude with either a motion to approve or a motion to deny. A motion to approve contains the implied finding that the use serves a public purpose. Section 3. The foregoing procedure shall not limit any member of the City 12 Commission from requesting staffs assistance in researching the appropriateness of the 13 proposed use of funds. 14 Section 4. That any and all previous Resolutions and/or Policies governing the 15 procedures for expenditures of Community Investment Funds are rescinded. 16 Section 5. That this Resolution will become effective immediately upon passage. 17 PASSED AND ADOPTED this _ day of April, 2007. l8 19 CITY OF BOYNTON BEACH, FLORIDA 20 21 22 Mayor - Jerry Taylor 23 24 25 Vice Mayor - Jose Rodriguez 26 27 28 Commissioner - Ronald Weiland 29 30 31 Commissioner - Mack McCray 32 33 34 Commissioner - Carl McKoy 35 ATTEST: 36 37 38 Janet Prainito, City Clerk 39 40 (Corporate Seal) S:\CA\RESO\Community Inv Funds 040407.doc VI.-CONSENT AGENDA ITEM D.: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office [;8J Aprill7,2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) D May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (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 D Public Hearing D RECOMMENDATION: Motion to approve the "ESTATES AT HERITAGE CLUB, PUD, REPLAT NO.1" 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 modification to the original record plat originally commenced on December 21,2006, to which the second and final review was completed on March 8, 2007. A couple of minor plat preparation changes not withstanding, staff now recommends that the City Commission approve the plat as presented subject to final signatures by the City Engineer and the Mayor. This record plat is the revised step in the process of development of the now single family/townhome development of the original development known as the Estates at Heritage Club, a PUD previously filed in Plat Book 108, Pages 92-93, Public Records ofPaIm Beach County, Florida. 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 IMP ACT: The proposed revised development cannot be implemented until this proposed record replat (and construction plans) have received technical compliant pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed replat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The proposed development revision will continue in abeyance until the proposed record replat is received in acceptable form, and the construction plans have been approved for permitting. ,/ (" ~ f " j i/. \. /'<''// -,,-:t. ( , -~>- c. /~:, 'ill- ~""t,-~~, .. -!-tj,. .rf I tfii./ f(Jf;.repartment H. /~ad' s Sfgnature, ! I fJ i/L ~Jl/L4~ City Manager's Signature Assistant to City Manager CM_~ Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC } LOCATION MAP NOT TO SCALE ~ €lJ) ') .olf:t.Ok~ ~ ~~ 1"ON ~ VI.-CONSENT AGENDA ITEM E.' 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 X April 17, 2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM X Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve purchase of combined insurance policies for petroleum storage tanks and environmental impairment liability for three-year period at guaranteed premium of $39,612.20 total for three-years. EXPLANATION: Negotiated with incumbent insurance carriers to obtain combined insurance policy for liability and property insurance on petroleum storage tanks for three-year period. PROGRAM IMPACT: Increased number of tanks covered and three-year guaranteed premium obtained. FISCAL IMP ACT: (Include Account Number where funds will come from) Reduced combined premium from previous policy from $41,904.70 to $39,612.20 or a 5.5% decrease in premium, while increasing the number of tanks covered. AL TERNATIVES: Self-insure liability and property insurance coverages on petroleum storage tanks putting City funds at risk for claims. x, /"') , . , n /, ~{~hrr' .' // RISK MANAGEMENT Department Name RM/Tank Coverage 2007 3Yrs.dot S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 04/05/07 12:38am ~ 001 C & C Consultants utility Insurance Specialists Fax To: Chuck MagazinelFarah Persaud From: Lou MorrisonlHal Morrison Fax: 561-742-6041 Pages: 5 Phone: 561-742-6040 Date: 4/4/07 Re: City of Boynton Beach/E.LL. Insurance with Storage Tank Coverage Policy No: Dates: FSP611l9l6 3/26/07-3/26/10 Dear Chuck & Farah, Attached is the Binder confirming Environmental Impainnent Liability Coverage for the City of Boynton Beach from 3/26/07-3/26/10. We have contacted Hudson Specialty Insurance Company with regards to correcting the addresses 011 Locations 12 and 16 to read as follows: Location 12 - Lift Station #510, Quantum Park Central, Boynton Beach, FL Location 16 -- Master Lift Station #319, 8020 Lawrence Road, Boynton Beach, FL We have also included our invoice # 651 to cover the premium cost for this insurance coverage If you have any questions, please give us a call. /(....___c--.----.-..--..-.c-- omson &C Consultants TIle information in this facsimile mcs-~age i.~ privik.ged and confidential, intended only for thc use of the recipient. If the reader is not the intended recipient, be hereby notifIed that any copy or distribution of this communication is stric.tly prohibitedc If you have received this communication in error, please notify thc sender immediately hy telephonec PO Box 701340' st, Cloud, FL 34770-1340 888-494-9844 * Fax: 407-892-9809 * Email: halmorrison@hotmai!.com 04/05/07 12:38am P. 002 ElL Bind Confirmation REVISED April 3, 2007 Quote Reference: EIL03260724824 Thank you for your order to bind coverage We appreciate your business Please note - any changes to this bind confirmation will need to be requested within three business days from today. Any changes after that will be endorsed to the issued policy. Authority is granted to you to issue unmodified ACORD certificates accurately representing the coverages applicable to this policy Any modification to the ACORD certificate or issuance of a non-ACORD certificate must be submitted to us for approval. Certificates of Insurance do not amend, extend or alter coverage afforded under this policy, nor do they serve as policy change requests Premium payment made in full is due within 20 days of the binder effective date FOR PREMIUM ANANCED ACCOUNTS: It is imperative that Freberg Environmental's name and address are listed, along with the insurance carrier's name, on the finance agreement. In order to be in compliance with various state laws concerning cancellations, reinstatements and return premiums; we must receive copies of the finance agreement and any other notices that the finance company may send. Please be sure that YOJ.lL~s are advised of this at the time of binding. Coverage is subject to receipt and review of the following information within 20 days of the effective date, unless otherwise specified Upon receipt of the below listed items, we reseNe the right to modify these terms and conditions in accordance with our underwriting guidelines, '-. ........-.,. Named Insured and Address: City of Boynton Beach PO Box 31Q Boynton Beach, FL 33425 Polley Number: FSP6111916 Effective Date: 03/26/2007 Expiration Date: 03/26/2010 11"\ HUDSON ~ INSURANCE,,,, 04/05/07 12:38am P. 003 Environmenta! Impairment liability Bind Confirmation Page 2 of 3 Insured Locations: Location 1 - 2611 W Woolbright Road, Boynton Beach, FL Location 2 - 3600 Miner Road, Boynton Beach, FL Location 3 - 100 E, Boynton Baach Blvd, Boynton Beach, FL Loca1ion 4 - 128 E. Ocean Avenue, Boynton Beach, FL Location 5 - East Well Field Little League - 300 Woolbright Road, Boynton Beach, FL Location 6 - East Water Treatment Plant - 1620 S, Seacrest Blvd" Boynton Beach, FL Location 7 - Fire Station #2 - 2615 W Woolbright Road, Boynton Beach, FL Location 8 - Fire Station #3 - 3501 N Congress Avenue, Boynton Beach, FL Location 9 - Fire station #4 -1915 S. Federal Highway, Boynton Beach, FL Location 10 - The Links of Boynton Beach - 8020 Jog Road, Boynton Beach, FL Location 11 - Lift Station #509 - Quantum Park South, Boynton Beach, FL Location 12 - Lift Station #10 - Quantum Park Central, Boynton Beach. FL Location 13 - Master Lift Station #309 - 1900 N. Seacrest Blvd" Boynton Beach, FL Location 14 - Master Lift Station #316 - 4901 Military Trail, Boynton Beach, FL Location 15 - Master Lift Station #317 - 1627 W, Boynton Beach Blvd, Boynton Beach, FL Location 16 - Master Lift Station - 8020 Lawrence & Miner Road,. Boynton Beach, FL Location 17 - Master Lift Slation #356 - East End of Boynton Beach Blvd, Boynton Beach, FL Location 18 - Master Lift Station #801 - Lawrence Road & W Boynton Beach Blvd., Boynton Beach, FL Location 19 - Public Works Compound - 222 NE 9th Avenue, Boynton Beach, FL Location 20 - Stormwater Station $415 - 550 SW 3rd Street, Boynton Beach, FL Location 21 - West Water Treatment Plant - 5469 W Boynton Beach Blvd, Boynton Beach. FL Hudson Specialty Insurance Company Coverages: . Environmental Impairment Liability Coverage - Claims Made Endorsements: FEt-0206-001-S FEI-1204-130-S FEI-1204-160-S FEI-0207-220-S FEI-0104-513-E FEI-0104-322-E FEI-1204-075-S FEI-1204-082-S FEI-0104-326-E FEI-01 Q4-516-E FEI-12D4-185-S FEI-10OS-192-S Florida Notice FEI-0104-323-E Environmental Impairment Liability - Claims Made Form Retroactive Dates for Scheduled Locations Underground Storage Tank Coverage Application as Part of Policy Asbestos Containing Products Exclusion Claims Notice Minimum Eamed Premium Endorsement Mold, Mildew & Fungus Exclusion Service of Suit Silica Exclusion UST Financial Responsibility - Federal AST Federal Financial Responsibility Florida Surplus Lines Notice Exclusion of Certified Acts of Terrorism 04/05/07 12:3Bam P. 004 IS\. HUDSON ~ INSURANCE"" Envrronmentallmpalrment Liability Bind Confirmation Page 3 of 3 Limits I Deductibles: . Environmental Impairment Liability Coverage ~- $1,000,000 I $2,000,000 . $50,000 SIR Per Pollution Incident Retroactive Date: . See Retroaotive Dates for Schedule Locations Endo Premium: $39,185 Terrorism Premium: $0 Minimum Earned Premium: Percent: 25 % Amount: $9.796 Rate: Flat Fees: Loss Control: $0 Polley Fee: $0 04/05/07 12:3Bam P. 005 Invoice Invoice Number 651 Invoice Date 04/04/2007 CITY OF BOYNTON BEACH ATTN: CHUCK MAGAZINE 100 E BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 33425.0310 C & C CONSULTANTS PO BOX 701340 ST CLOUD, FL 34770-1340 888-494-9844 Insurance Company [~g~~_(}~~S~~~I~~fYft;fSURA~.fCE . Polley Number !FSP611T916 Effective Expires n T'b3726I2oo7___Lo3j~~~~1'6' Invoice Description Premium IENVrR~N~_e-~f~L'I~~AiRMENT L1ABICI!~~I!~'~!_6~~GE TANK L1ABILlTY'INcLiJ~Eb--- _~n~_____!._ 39,185.001 Description of other charges, payments, etc. appUed against this invoice IPOUCY' FEE' IFLORIDA HURRICANE CATASTROPHE FUND ASSESSMENT FEE (1%) I I Amount 35.001 392,201 Balance 39,612,20! "..,.,>,...;.;,:""_"",,,,",,,,,,j;i~.......-_h,;:,,,,,;:,,,,',"h-:',';', ~ r VI.-CONSENT AGENDA ITEM F. 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 ~ April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May 1,2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (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 Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$2,000 for Boynton Beach Regional Symphony Orchestra from Mayor Taylor's Community Investment Funds. EXPLANA TION: Commission approval is requested for allocation of $2,000 for the Boynton Beach Regional Symphony Orchestra. PROGRAM IMPACT: Allocation offunds 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 $15,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature k .C' M ' S' Ity anager sIgnature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Community Investment Funds Spent 2006/2007 MAYOR TAYLOR Amt Total Organization Approved Spent Date Taylor 500 Dancer's Alchemy 11121/06 2,000 CDC's Peacemaker Youth Program 01/16/07 1,500 Boys Scouts of America 03/20/07 2,000 Community Caring Center 03/20/07 1,000 Galaxy Elementary Spring Carnival 03/20/07 2,000 Boynton Beach Symphony Orchestra Pending 1,500 Boynton Beach Head Start Program Pending 1,000 11,500 Jayne E. Miller Nursing Scholarship Fund Pending C( 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 ~ April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$1,500 for Boynton Beach Head Start Program from Mayor Taylor's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of$1,500 for the Boynton Beach Head Start Program. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1 1 10-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $ 1 5,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature kanag",s Signature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Community Investment Funds Spent 2006/2007 MAYOR TAYLOR Amt Total Organization Approved Spent Date Taylor 500 Dancer's Alchemy 11/21/06 2,000 CDC's Peacemaker Youth Program 01/16/07 1,500 Boys Scouts of America 03/20/07 2,000 Community Caring Center 03/20/07 1,000 Galaxy Elementary Spring Carnival 03/20/07 2,000 Boynton Beach Symphony Orchestra Pending 1,500 Boynton Beach Head Start Program Pending 1,000 11,500 Jayne E. Miller Nursing Scholarship Fund Pending C( VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May 1,2007 April 16, 2007 (Noon) D July 3, 2007 June 18, 2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (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 Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$I,OOO for the Jayne E. Miller Nursing Scholarship Fund from Mayor Taylor's Community Investment Funds. EXPLANA TION: Commission approval is requested for allocation of $1 ,000 for the Jayne E. Miller Nursing Scholarship Fund to assist in the education of nursing students. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-11 10-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~C~ 's Ity anager sIgnature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC / r-'i ;:) t Hrr .1.1"f\J; L,.' Ll.-JV\..J "L.V.--/>J r..Jr r r Q..:;l WHO IS JAYNE MILLER? Jayne Millers long brave battle with cancer started on April 1, 1990 when she sought treatment in our E.D.for what she thought might be signs and symptoms of an Innamed gallbladder. After a work.up including lab tests x-rays, ultrasounds, CAT Scans and liver biopsies, the diagnosis was made - malignant melanoma of the liver. More than nkely the melanoma was of the ocular variety; which was probably a metastasis from the ocular melanoma of the eye, she had enucleated 7.years prior. As Jayne often tackled problems in her systematic. goal-ortented way, she investigated each avanue that she thought might be open to her from liver transplant to experimental Jeukovorln treatment. Weighing the benefits against the risks, and narrowing down the alternatives, she sought treatment at the University of Miami where she had to undergo tortuous hours of treatment in claustrophobic conditions resulting in severe side effects that had her and her family wondering if she wolild ever get through the next treabnenl When"she was strong enough, she'd return towork and pIck up where she left. off as If she weren't going through the most dlmcult battle of her entire life. With the shadow of her father's 9 month battfe with cancer constant lnher mind and tha failure of the first treatment. she went on to receive chemotherapy while awaiting her placement In an N!H study for experlmentalleukovorln andinterferron therapy at the National Cancer Institute in Washington. Matching her case and progress with similar patient$ In ~e study, she calculated the progression of the cancer within her liver now 30% Involvement, now 35% lilvolvement,and finally 75%. Ultimately Ute experts at Net Could do no more for her and thought It best to discontinue frae tre,,~ent since at this point the benefits no longer outweighed the risks. Undaunted. Jayne sUII Investigated alternatives, taking. her strength from her strong religious belle~ and her 8upporfive immedIate and extended family. Her husband carried on the every day activities of raising twO boys, one 16 and one 5, with the help of his parents, a. wert as having th~ demands of a very responsible Job with the PBe Fire Oepartment with which to contend. Jayne's mother, now 8 widow due to tier husband's unsuccessful'battle with cancer, gave up her life In Ohio to accompany her daughter on every treatment wherever it was. She. maintained the housekeeping chores 01 a busy family Itfe and cared for Jayne when she was finally confined to her home. Jayne would oftenret1&et on her circumstances. She said that right before she was diagnosed she felt that she had been wo.rkIng tOo hard, stretching herself in too many directions and that she'd better heed the warning signs of too much stress and too much Work. She had a gen~1 sense of Impending illness although nothing specific in terms of signs and symptoms until the right lower quadrant pain the weekend before she was d[agnosed. She often reftected on the outcome should she have sought chemothatapy after the enucleation of the ocular melanoma seven years prior, which was an alternative posed to her then that she turned down. She added that, although being a nurse. she didn't really internalize the severity of the existence of a melanoma and thought that the surgical excision of It was enough at the time. After all, she never realty felt "sick" as a result of her eye. . / " JIMI I .....1"I'J ......-.. .-..... -................ --......-..; .. - After repeatedly gettIng a clean bill of health from fo"ow~up cancer screenings years down the road from the enucleation, it reinforced even more that her battle with cancer was over. Thus having been lulled into a false sense of security, she let the CAT Scans of the Abdomen, etc., slIp In the year or twO prior to her liver melanoma diagnosis. She often brought up this sad fact knowing full well that there was more hope for a successful outcome should the turnor have been found before there was 30% liver involvement. We used to try to convince her. that it was easy to make all the right decisions In retr~spect but I know.she regretted.fl I bring thIs up now not to shad light on a "character" flaw of a truly noble human being who was more . gracious in sickness than she even was in health; and thare going some. She had the remarkable talent of making you feel more comfortable with herilfness than youthoughf you could be. I emphasize it now to demonstrate just how fragile one's existence on this earth Is, and to not grow casual about taking special oare of one's health. If one were to err, better t6 err on the side of caution' than dismissing it as an over.;.reactfon. Being the kind of person she was, I know Jayne would have wanted some purpose to come of all this besldee the suffering and pain she and her family have gone through and ate still experiencing from her los9. . Jayne died c>nFebruary 17 t 1991, atthe.sgeof 35, after a 9 month battle with cancer. Shortly before her death the opportunity presented Itself to inform her that W$ would be naming the Nursing Scholarship Fund after her. The pleased look on her face was evident at this announcement and the prospect of launching the- education Qf nursIng students In pac Where she had the opportunity to have her nursing career flourish. . Her family and friends have rIsen to tlJat occ:aslon by makIng numerous and gE!neroUs donations to the fund In her name. Her sons, J~mes and Matthew survive Jayne. She Is tn all our hearts, snd we keep her alive In olir thoughts and with every scholarshIp we award to the Palm Beach County community.' DurJng Nurse$'s Weeks in the past, a few of the events have centered on fundrafslng activities for the Scholarship Fund. VII.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORNI --.I ". "----y =:;-< Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [8J Apri117,2007 April 2, 2007 (Noon,) 0 June 19, 2007 0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 0 May 15,2007 April 30,2007 0Noon) 0 July 17, 2007 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 ~,..,. -< ,~~ > _J ;:;;::J .~,., ,- c:J 1".)-.-. '::::- \.D:.! -< Date Final Form Must be Turned:::-: in to City Clerk's ~'1!ce ~.n::=; :) -,. I".) -'1 .- June 4, 2007 (Noon) -o;"}::J (u -- rrl CO i~;';~ June 18,2007 (Noon) July 2,2007 (Noon) July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal [8J Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Motion to accept the enclosed Settlement Agreement (Exhibit "A") between the City of Boynton Beach & iStar Bowling Center for the recovery of staff's administrative costs and attorney's fees of $3,200.00 associated with Code Compliance Cases 98-2593& 05-2118. EXPLANATION: iStar Bowling Center at 1390 West Boynton Beach Boulevard currently has (2) Code Compliance Liens for failing to maintain their property in accordance with their approved site plan. Case 05-2118 addressed parking lot deficiencies that were corrected 6/19/06. The amount due the City in this case is $6,830.15. Case 98-2593 addressed the parking lot as well as other site maintenance issues including Florida Holly removal, painting and landscape maintenance/replacement. The amount due the City at this time is $154,330.15. This settlement agreement is the direct result of our newly enacted legislation prohibiting renewal of a Business Tax Receipt for properties with Code Compliance liens against them. As noted in the agreement, iStar Bowling Center has stipulated to numerous conditions with dates certain for meeting those conditions. The Code Compliance Liens won't be released until all conditions are satisfied and fees/fines paid. PROGRAM IMPACT: The property will meet our Code standards thereby providing a positive impact on one of our main corridors. FISCAL IMP ACT: Approval of the enclosed Settlement Agreement will recoup staff's administrative costs associated with these two cases. ~ .--/ ~ '"l-(I' - " ity Mona,"', Signahrr' Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 2 RESOLUTION NO. R 07- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING THE MAYOR AND 7 CITY CLERK TO EXECUTE A SETTLEMENT 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH AND iST AR BOWLING CENTER II LP, 10 PROVIDING FOR SETTLEMENT OF PENDING 11 LITIGATION; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the parties hereto are currently involved in litigation with respect to 15 Code Enforcement Liens related to the landscaping which were placed upon the property 16 located at 1190 West Boynton Beach Boulevard, within the municipal boundaries of the City. 17 Said litigation known as City of Boynton Beach versus iStar Bowling Center II LP, Case No. 18 502006 CA 014414 MB AN pending in the Circuit Court of the 15th Judicial Circuit in and 19 for Palm Beach County, Florida; and 20 WHEREAS, iStar Bowling Center has submitted landscaping and irrigation plans to 21 the City along with an application for a permit to the City and the South Florida Water 22 Management District to install a well for the irrigation of the property; and 23 WHEREAS, the City Commission of the City of Boynton Beach, upon 24 recommendation of staff, has determined that it is in the best interests of the citizens and 25 residents of the City to settle the pending litigation regarding 1190 West Boynton Beach 26 Boulevard. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S :\CA \RESO\Agreem ents\Settlement\i Star Settlement.doc Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 2 as being true and correct, and are hereby incorporated herein and made a part hereof. 3 Section 2. The City Commission hereby authorizes and directs the Mayor and 4 City Clerk to execute a Settlement Agreement between the parties pertaining to 1190 West 5 Boynton Beach Boulevard, attached hereto as Exhibit "A" between the City of Boynton 6 Beach and iStar Bowling Center II LP, providing for settlement of pending litigation in Palm 7 Beach County Circuit Court between the parties (Case No. 502006 CA 014414 MB AN). 8 Section 3. That this Resolution shall become effective immediately upon passage. 9 PASSED AND ADOPTED this _ day of April, 2007. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 Janet Prainito, City Clerk 30 31 32 (Corporate Seal) 33 34 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA \RESO\Agreements\Settlement\iStar Settlement.doc y...,.. \ \ A. It SETTLEMENT AGREEMENT THIS AGREEMENT (the "Agreement") is entered into by and between the City of Boynton Beach, Florida, a Florida municipal corporation (hereinafter referred to as the "City"), and iStar Bowling Center II LP (''is tar Bowling Center"), a Delaware limited partnership, as of this _ day of March, 2007. WIT N E SSE T H: WHEREAS, iStar Bowling Center is the owner of the property located at 1190 West Boynton Beach Boulevard, Boynton Beach, Florida (the "Property"); WHEREAS, the Property is operated by AMF Bowling Centers, Inc. ("AMF") as a bowling alley. WHEREAS, the City's Code Inspector has cited iStar Bowling Center for alleged violations of the City's Code of Ordinances related to the landscaping ofthe Property; WHEREAS, as a result of the alleged violations, on or about December 28, 2006, the City filed that certain lawsuit styled City of Boynton Beach, Florida, a Florida municipali~v. Petitioner VS. iStar Bowling Center II L.P., Respondent, pending in the Circuit Court of the Fifteen Judicial Circuit, in and for Palm Beach County, Florida, Case No. 502006 CA 014414 MB AN (the "Lawsuit") seeking a Temporary and Permanent Injunction to enjoin iStar Bowling Center from operating its business; WHEREAS, iStar Bowling Center has submitted landscaping plans to the City and the City has approved said landscaping plans (the "Approved Landscaping Plans); WHEREAS, iStar Bowling Center has submitted irrigation plans (the "Irrigation Plans") and an application, in proper form, to the City for a pennit to install irrigation on the Property (the "Irrigation Permit"); ORLA_ 440333.1 .,_._,...".....'f""""~_~_"..,'\'.i~"_'. WHEREAS, iStar Bowling Center has submitted an application, in proper form, to the City and to the South Florida Water Management District for a permit to install a well for the irrigation of the Property (the "Well Permit"); WHEREAS, upon the City's approval of the Irrigation Plans and the City's issuance of the Irrigation Permit, the City has agreed to provide iStar Bowling Center with a temporary water hook-up, with a contractor's meter, to a fire hydrant near the Property (the "Temporary Water Hook-up"); and WHEREAS, iStar Bowling Center and the City desire to amicably resolve the Lawsuit exclusively on the terms and conditions set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, iStar Bowling Center and the City agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Within thirty (30) days of the City's approval of the Irrigation Plans and the City providing iStar Bowling Center with the Temporary Water Hook-up, iStar Bowling Center shall install landscaping and an irrigation system in conformity with the Approved Irrigation Plans and the Approved Landscaping Plans. 3. Upon iStar Bowling Center's installation of the landscaping and irrigation system, iStar Bowling Center shall notify the City, in writing, and request a re-inspection (the "Re- inspection Notice"). The Re-inspection Notice shall be sent to the City of Boynton Beach, Florida c/o Scott Blasie, Code Compliance Administrator. 4. Within ten (10) days of the date of the Re-inspection Notice, the City shall re- inspect the Property. If upon re-inspection, if the landscaping is installed in conformity with the 2 ORLA_ 439348.1 ORLA_ 440333.1 Approved Landscaping Plans the City shall immediately certify that the Property is in compliance. No later than five (5) days following the City's certification that the Property is in compliance, the City shall issue iStar Bowling Center an occupational license/business tax receipt. 5. In addition, within thirty (30) days of the City's certification that the Property is in compliance, AMF Bowling Centers, Inc., on behalf of iStar, shall pay the City the sum of Three Thousand Two Hundred and 00/1 00 Dollars ($3,200.00) by sending a check made payable to the Trust Account of Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Ste. 200, Ft. Lauderdale, Florida 33308. The City and iStar Bowling Center agree that said payment shall be in full and final satisfaction of any fines or liens related to the Property. 6. Within thirty (30) days of the issuance of the Well Permit by the City and the South Florida Water Management District, iStar Bowling Center shall install a well on the Property in conformity with the Well Permit Application. 7. Within ten (10) days of the installation of the well on the Property, iStar Bowling Center shall provide written notice to the City that it no longer requires the Temporary Water Hook-up. 8. The City hereby certifies that other than the Landscaping there are currently no other violations related to the Property in order for the City to issue an occupational licenselbusiness tax receipt to iStar Bowling Center. 9. The City and iStar Bowling Center agree to the abatement of the Lawsuit pending the parties performance under this Agreement. 10. Within ten (10) days of iStar Bowling Center's payment of the sums required pursuant to this Agreement, installation of the Landscaping in conformity with the Approved 3 ORLA_ 439348.1 ORLA_ 440333.1 ..."".,.".,,_.,""".......r""'."""''''''"",;;,......,;;~..,~~~v-''''<',.,.;>., Landscaping Plans and iStar Bowling Center's payment to the City as set-forth in Paragraph 5 above, the City shall dismiss the Lawsuit with prejudice. 11. As part of the Agreement, iStar Bowling Center agrees to pay the City's attorneys' fees and costs associated with the preparation and filing of the lawsuit and negotiating this Agreement. This amount is included in the payment set forth in Paragraph 5. The City and iStar Bowling Center agree that iStar Bowling Center will be responsible for its own attorneys' fees and costs associated with the Lawsuit and any matters related to this Agreement. Following approval and execution of this Agreement, the City agrees to be responsible for any attorneys' fees and costs associated with matters related to this Agreement. 12. The parties understand and appreciate that this Agreement constitutes a mutual Settlement Agreement and the parties intend to be legally bound by its terms. The parties also understand and acknowledge that, in considering whether to sign this Agreement, they have not relied on any representation or statement, written or oral, not set forth in this Agreement, and they have not been threatened or coerced into this Agreement by any party or party's representative. The parties have read this Agreement carefully and fully understand the terms, consequences, and effects of the Agreement. The parties have voluntarily agreed to and accept the terms of this Agreement. Each party stipulates that it has been represented, or had the opportunity to be represented and advised by counsel concerning the effect of this Agreement. The parties agree that they have each had the opportunity to negotiate the terms of this Agreement and that this Agreement shall not be interpreted against any party as drafter of the Agreement. 4 ORLA_ 439348.1 ORLA_ 440333.1 13. The prevailing party in any litigation related to this Agreement shall be entitled to collect all expenses incurred in said litigation including, but not limited to, reasonable attorney fees (which shall include any attorney fees awarded by an appellate court). 14. The City acknowledges and agrees that iStar Bowling Center's execution of this Agreement is made in full settlement, accord, and satisfaction of disputed claims, and does not, and shall not be construed to be an admission of liability on the part of iStar Bowling Center. 15. The parties further agree that if any provision of this Agreement is determined void or voidable, or in any way unenforceable, the parties shall remain bound by the remainder of the Agreement. 16. This Agreement may be signed III any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument. 17. This Agreement is solely for the benefit of the parties hereto and their permitted successors and assigns. No other person or entity shall have any rights under, or because of the existence of, the Agreement. 18. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective heirs, successors-in-interests, assigns, agents, principals, and related or affiliated entities. 19. Facsimile signatures shall be binding and fully enforceable as if original signatures. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first stated above. CITY OF BOYNTON BEACH ATTEST: BY: 5 ORLA_ 439348,1 ORLA_ 440333,1 Janet Prainito, City Clerk Jerry Taylor, Mayor Approved as to Form: Office of the City Attorney iSTAR BOWLING CENTER II LP By: Print Name: Title: ATTEST: Print Name: , Secretary (CORPORATE SEAL) COUNTY OF ) ) SS ) STATE OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared of iStar Bowling Center II LP, who is personally known to me or has produced as identification, and acknowledged execution of the foregoing Settlement Agreement as the proper official of iStar Bowling Center II LP for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2007. NOTARY PUBLIC My commission expires: H:\2006\060673\AMF _Boynton - Settlement Agreement (3-27-07).DOC 6 ORLA_ 439348.1 ORLA_ 440333.1 VIII.-PUBLIC HEARING ITEM A.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAl Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon,) 0 0 May 1, 2007 Apri116,2007 (Noon) 0 0 May 15,2007 April 30,2007 ONoon) 0 0 June 5,2007 May 14,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19,2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 ONoon) July 17,2007 July 2, 2007 (Noon) August 7, 2007 July 16,2007 (Noon) --) ,-") --. --I ... .... -, NATURE OF AGENDA ITEM 0 Announcements/Presentations 0 City Manager's Report 0 Administrative 0 New Business 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 ::.:-:~ ~J r'\,) CSt -) ~'-~j "q ;:':J ;:) -( :-...". -1 ;:) C'...J --.J 'co ..,_.,--,-, :> ':) RECOMMENDATION: Please place this request on the April 17, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on March 27, 2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-021. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Sausalito Groves (MPMD 07-003) Sausalito Place Homeowners Association, Inc. Sausalito Place Homeowners Association, Inc. North side of Gateway Boulevard, just west of Lawrence Road Request for master plan modifIcation for reduction in the rear yard setback for Lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for Right-of Way lots from twenty-five (25) feet to fifteen (15) feet. Development' lty Manager's Signature ~ PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: Assistant to City Manager ~ ~ -'ill- ~ , Planning and Zoning D' tor City Attorney / Finance S :\Planning\SHARED\WP\PROJECTS\Sausalito Groyes\MPMD 07 -003\Agenda Item Request Sausalito Groyes MPMD 07 -003 4-17 -07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-021 STAFF REPORT TO: FROM: Chair and Members Planning and Development Board and City Commission " '" "Z--- Michael W. RumPf~ - Director of Planning and Zoning Ed Breese ~ Principal Planner THRU: DATE: March 2, 2007 PROJECT NAME/NO: Sausalito Groves MPMD 07-003 REQUEST: Master Plan Modification of the Sausalito Groves P.U.D. to reduce the rear yard setback for Lake lots from fifteen (15) feet to ten (10) feet and to reduce the rear yard setback for Right-of-Way lots from twenty five (25) feet to fifteen (15) feet. PROJECT DESCRIPTION Property Owners: Sausalito Place Homeowners' Association, Inc. Location: North side of Gateway Boulevard, just west of Lawrence Road (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Moderate Density Residential (MoDR)/ Planned Unit Development (PUD) Proposed Land Use/Zoning: No changes proposed Proposed Use: Rear Setback Amendment for building additions and hard roof screen enclosures Acreage: 31.5 Acres Adjacent Uses: North: Right-of-way of the LWDD L-21 Canal, then farther north single-family residential in the Nautica P.U.D.; South: Right-of-way of Gateway Boulevard, then farther south single-family residential (Royal Manor Mobile Home Estates) classified Low Density Residential (LDR) and zoned Single-Family Residential (R-l); East: Right-of-way of Lawrence Road, then to the northeast a couple of developed single-family residential parcels and Lawrence Lake Estates P.U.D. and to the Staff Report Memorandum No PZ-07-021 Page 2 southeast an 11 lot subdivision on Floral Drive and a multi-family complex (Gateway Club Apartments), both in unicorporated Palm Beach County; and West: Single-family residential (Royal Manor Mobile Home Estates) classified Low Density Residential (LDR) and zoned Single-Family Residential (R-1). BACKGROUND The Sausalito Place Homeowners Association is requesting that the Master Plan for the Sausalito Groves P.U.D. be modified to reduce the minimum rear yard setbacks for building additions and hard roof screen enclosures, as described within the attached letter of request. More specifically, the request is to reduce the rear yard setback of Lake lots from fifteen (15) feet to ten (10) feet and to reduce the rear yard setback for Right-of-Way lots from twenty five (25) feet to fifteen (15) feet (see Exhibit "C"). The subject P.U.D. is a development comprised of 164 residential lots arranged in a duplex configuration with varying rear yard setbacks based upon the type of lot; "Perimeter", "Lake", "Right-of-Way", or "Back- to-Back" lots. Typical lots range between 110 and 120 feet in depth, with cul-de-sac lots and those located on the curvilinear portion of the internal street network having greater depth. The HOA has indicated that they have received numerous requests from residents to construct minor additions to the rear of their homes, but in many cases have been unable to do so due to the lot regulations contained within the Master Plan. The HOA's own Architectural Review Committee would review individual requests for home additions to ensure the construction is in keeping with the design and quality of the neighborhood, prior to submittal of any individual building permit applications to the City. Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The purpose and intent of setbacks is to create separation between units, principally for safety and maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback a certain distance from the property lines. Also, the impression or feeling of density and openess are affected by setbacks. In some cases, residents are willing to forego a sense of openess in order to accommodate a building addition for the changing needs of the family, versus the need to relocate from a neighborhood with which they are comfortable, to gain the additional living area needed. The rear yards of the Lake lots abut the 3. 17-acre water body, which has a width varying between 80 feet and 170 feet. Adding to the separation between dwelling units is a 20 foot Lake Maintenance easement completely surrounding the water body, providing an additional 40 foot of separation between units. With this exceptional distance between dwellings, staff supports the HOA request to reduce the rear yard setbacks for Lake lots from fifteen (15) feet to ten (10) feet. The HOA is also requesting to reduce the rear yard setback for Right-of-Way lots from twenty five (25) feet to fifteen (15) feet. The rear yards of the vast majority of the Right-of-Way lots abut the six (6) foot tall perimeter wall of the Sausalito development on either Gateway Boulevard or Lawrence Road. Since the dwellings do not abut other residential units, but rather abut the perimeter wall, staff recommends they be treated the same as the Perimeter lots, which have a six (6) to eight (8) foot tall hedge that separates them from either mobile homes to the west or a canal to the north. The Perimeter lots in the Master Plan Staff Report Memorandum No PZ-07-021 Page 3 were developed with the same fifteen (15) foot rear yard setback that the HOA is requesting for the Right- of-Way lots. Based upon the similiarities between the two, it would seem logical that the impacts are practically identical and therefore the rear yard setbacks could be treated the same. There are seven (7) Right-of-Way lots within the Master Plan not located abutting either Lawrence Road or Gateway Boulevard. These lots are located between two (2) streets internal to the P.U.D.. Again, since the dwellings on these particular lots do not share a rear yard with any other dwelling, and the rear yard is seperated from the street by a six (6) to eight (8) foot tall hedge, the request to reduce the rear yard setback from twenty five (25) feet to fifteen (15) feet appears reasonable and justified. This request was reviewed for consistency with the P.U.D. development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the request by focusing on the subject P.U.D. and comparing it with other planned residential developments that exist throughout the city. Staff found the request was not inconsistant with other P.U.D.'s and was in line with Commission direction to create additional flexibility in home expansions and remodels throughout the City. In any case, these home additions and improvements would all occur within each individual property owner's current property/lot lines, with absolutely no construction allowed to encroach into Homeowner Association property, Lake Maintenance Easements, Perimeter Landscape Buffers or Utility Easements (see Exhibit "Dff - Conditions of Approval). After reviewing the setback regulations within other P.U.D. developments and recognizing the nature of the similiarity of the various lot characteristics with differing rear yard setback requirements within the Sausalito Groves P.U.D., staff believes that the primary objective, safety, is still maintained with this request. The secondary objectives involving light and air flow, and a feeling of openess may be reduced to some small degree, but at the choosing of the residents. RECOMMENDATION It is staff's opinion that this request would neither be injurious to the area nor detrimental to the public welfare, and rewards more owners within the P.U.D. with the same flexibility enjoyed by other Sausalito residents. Therefore, staff recommends approval of this Master Plan amendment, subject to the conditions listed in Exhibit "Dff - Conditions of Approval. Additional comments recommended by the Board or approved by the Commission would also be included in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Sausalito Groves\MPMD 07-003\Staff Report.doc ... 1 in. = 429.3 feet Sausalito P.U.D. EXHIBIT A =--~~jtt',!:;. , ",.i~-.f ~.-.~"..; /'~ ,', "~"~I""",,~ ; ~ I s : ~ ill : IUH1nl . I la, I I i m I ._11:. " I Ji~ · ~ I:' ; I .i: :; : i~1 >! ::; i Jl .;. . ~.t: . . r-'- I I "r I II Iff II; I ~g! "" , i:1 rl ~ "II [ , I - . E -,,-'l' ! =d . .. .!. ,. ,Ii l Ilii'I~1 ! " ., I '11'1':11 ~' · I'~I;~ i i!i~ I .;1 . i it'""'J - ! ..~ .illl:!! : 1:1 i~ a i I I U !i! I~'~; IQ.. f '~i . I g! Ii. · d ~ =: 1-. '~~~~M ~-~~~ ~Mo."'- ::17...- ~...:t2:_ ~ 0.' "~'.. PUD KikUl. &_ l.ndlCaPll AI"ch"" . 1551 Fa Itects/PI'nl'l@~ Suite ,00;: Place West p.lm Be 13051689-55:. Flodd. 33401 ~ EXHIBIT "e" Sausalito Place Homeowners' Association, Inc. 200 Sausalito Circle Boynton Beach, FL 33436 JAN 3 I 20Ui ( l___~_w.._ w.____._,____w~._ 18 January 2007 Boynton Beach Zoning Board, The Board of Directors of Sausalito Place petition the City of Boynton Beach Zoning Board to amend the set back criteria in the Sausalito Place community as follows: Master Plan Modification for lots designated as Right of Way Lots, reduce the rear set back from twenty five (25) feet to fifteen (15) feet. Lots designated as Lake Lots, reduce the rear set back from Fifteen (15) feet to ten (10) feet. These amended criteria will apply to the construction of house additions and lor screened enclosures with hard roofs. Further, prior to a permit being granted by the City of Boynton Beach the Sausalito Place Architectural Committee must first approve any such modification to any structure in the community. The decision of the Sausalito Place Homeowners' Association will be final. Sj7'e~ely, __ _ J/' /7 ~~~ President Sausalito Place Homeowners' Association, Inc. EXHIBIT "D" Conditions of Approval Project name: Sausalito Groves P.D.D. File number: MPMD 07-003 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. Any proposed home additions shall occur within each individual property X owner's current property/lot lines, with absolutely no construction allowed to encroach into Homeowner Association property, Lake Maintenance Easements, Perimeter Landscape Buffers or Utility Easements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S :\Planning\SHARED\ WP\PROJECTS\Sausalito Groyes\MPMD 07 -003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sausalito Groves P.U.D. APPLICANT'S AGENT: Sausalito Place Homeowners Association, Inc. APPLICANT'S ADDRESS: 200 Sausalito Circle, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification of the Sausalito Groves P.U.D. to reduce the rear yard setback of Lake lots from fifteen (15) feet to ten (10) feet and to reduce the rear yard setback for Right-of-Way lots from twenty five (25) feet to fifteen (15) feet. LOCATION OF PROPERTY: North side of Gateway Boulevard, just west of Lawrence Road 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\Sausalito Groves\MPMD 07 -003\DO .doc Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Ed Breese, Principal Planner, announced the disposition of the following items: >- Jerry's Cigar Lounge - approved by the City Commission >- Estates of Heritage Club - approved by the City Commission Mr. Breese announced the Annual Board Dinner was scheduled for April. He requested the members RSVP if they have not already done so. 6. Old Business None 7. New Business A. Southern Dance Theatre Site Plan Time Extension 1. Project: Agent: Owner: Location: Descri ption: Southern Dance Theatre (SPTE 07-004) Penni A. Greenly, Managing Director Southern Dance Theatre, Inc. 1203 Knuth Road Request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Chair Wische read the request and indicated staff reviewed the item and recommended approval. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. There were no comments from the board on this item. Motion Mr. Cwynar moved approval of the request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Ms. Jaskiewicz seconded the motion that unanimously passed. B. Sausalito Groves Master Plan Modification 1. Project: Agent: Owner: Location: Sausalito Groves (MPMD-07-003) Sausalito Place Homeowners Association, Inc. Sausalito Place Homeowners Association, Inc. North side of Gateway Boulevard, just west of Lawrence Road 2 Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Description: Request for master plan modification for reduction in the rear yard setback for lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for right-of-way lots from twenty-five (25) feet to fifteen (15) feet. Chair Wische presented the request. David Kish, a resident of Sausalito, was present and agreed with the one staff condition of approval. Mr. Breese reviewed the request for the benefit of the public. Staff recommended approval due to the units backing up to the right-of-way. Chair Wische opened the public hearing. Robert Little, a resident of the Floral Drive development was present and objected to the request. The basis of his opposition was although the requested setbacks were not in his development, there were many ongoing issues with Sausalito that impacted his development. He prefaced his comments that the plans shown were not accurate and some amenities depicted were not installed. Mr. Little announced there were six Code Enforcement violations that pertained to this subdivision. The violations were for yard maintenance, and Sausalito does not maintain the easements, which are not visible to Sausalito but are visible to his development. Another issue pertained to the drainage ditch, which was not in compliance and which causes flooding in his development. Mr. Little provided copies of correspondence indicating the County acknowledged the flooding issues and was requesting the City's assistance with it. He requested the board should not approve anything related to the subdivision. Sausalito Place had already demonstrated they could not maintain their own property, and he thought they would not maintain this issue. He emphasized it is troublesome for his subdivision to constantly stay on Sausalito. There were no other public comments received and Chair Wische closed the floor. The members understood Mr. Little's point of view and collectively felt Mr. Little should pursue the issue with Code Enforcement and make the City Commission aware of the matter. Mr. Breese noted the Sa usa lito Place Homeowners Association President was in attendance and suggested the parties meet after the vote to discuss the issue further. Mr. Little was advised the minutes of the meeting would be forwarded to the City Commission and they would be aware of the problem. Motion Vice Chair Hay moved to approve the request for master plan modification for reduction in the rear yard setback for lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for right-of-way lots from twenty-five (25) feet to fifteen (15) feet. Ms. Jaskiewicz seconded the motion that passed 7-1, Mr. Blehar dissenting. 3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO~l VIII.-PUBLIC HEARING ITEM B. , Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3,2007 June 18,2007 (Noon) 0 May 15,2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) :J 0 0 f_" Announcements/Presentations City Manager's Report -_.1 ~# NATURE OF 0 Administrative 0 New Business --". _.,.-:.!!ot :;0 AGENDA ITEM 0 Consent Agenda 0 Legal N CO 0 Code Compliance & Legal Settlements 0 Unfinished Business ~ Public Hearing 0 ~ J- - - n-1 ~:{ -< -:'::'c:> .,,-q --C) -',0 ,')-< :: ...".. 'j)'cj '~J:Z ~~cP __r1 '''~ fui-S! -'- .- RECOMMENDATION: Please place this request on the April 17, 2007 City Commission Agenda under w Public Hearing. The Planning and Development Board on March 27, 2007, recommended that the request be approvNt. further details pertaining to this request, see attached Department Memorandum No. 07-024. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Knollwood P.D.D. (MPMD 07-004) Julian Bryan, Julian Bryan and Associates, In . DRHI, Inc. West side of Lawrence Road, immediately south of the LWDD L-20 Canal and approximately one (1) mile south of Hypoluxo Road. Request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMP ACT: AL TERNA TIVES: Development vi~ ~-. ~~ , Planning and ZonintDirector City Attorney / Finance S:\Planning\SHAREDlWP\PROJECTS\Knol1wood Groves PUD\MPMD 07-004\Agenda Item Request Knollwood P.U.D. MPMD 07-004 4-17-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager ~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-024 STAFF REPORT FROM: Chair and Members Planning and Development Board and City Commission 3\.~ Michael W. Rumpf Director of Planning and Zoning Ed Breese ~ Principal Planner TO: THRU: DATE: March 13, 2007 PROJECT NAME/NO: Knollwood P.U.D. MPMD 07-004 REQUEST: Master Plan Modification of the Knollwood P.U.D. to reduce the rear yard setback for perimeter lots from fifteen (15) feet to twelve (12) feet for construction of screen-roof enclosures, reduce the rear yard setback for pools from seventeen (17) feet to fourteen (14) feet, and increase the proposed home choices by the addition of two (2) more models. PROJECT DESCRIPTION Property Owners: DRHI, Inc. Location: West side of Lawrence Road, immediately south of the LWDD L-20 Canal and approximately one (1) mile south of Hypoluxo Road (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD) Proposed Land Use/Zoning: No changes proposed Proposed Use: Rear Yard Setback Amendment for auxiliary structures and addition of new home models Acreage: 36.17 Acres Adjacent Uses: North: Right-of-way of the LWDD L-20 Canal then single family residential development (Lawrence Oaks) designated Low Density Residential and zoned PUD Planned Unit Development; South: To the southwest, developed residential property lying in unincorporated Palm Beach County designated LR-3 (3 du/ac with PUD zoning) and zoned AR Agricultural Residential. To the southeast, developed single family residential (Nautica) designated Low Density Residential and zoned PUD Planned Unit Development; Staff Report Memorandum No PZ 07-024 Page 2 East: Right-of-way of Lawrence Road then single family residential development (Citrus Glen) designated Low Density Residential and zoned PUD Planned Unit Development; and West: Single family residential development (Sunset Cay) located in unincorporated Palm Beach County, designated RTU Residential Transitional Urban district. BACKGROUND The agent for D.R. Horton, Julian Bryan, is requesting that the Master Plan for Knollwood P.U.D. be modified to reduce the required rear yard setbacks for screen-roof enclosures and pools, as described within the attached letter of request. More specifically, the request is to reduce the rear yard setback for perimeter lots from fifteen (15) feet to twelve (12) feet for construction of screened-roof enclosures, and rear yard setback for pools from seventeen (17) feet to fourteen (14) feet. Additionally, the developer is requesting to modify the proposed home choices by the addition of two (2) more models (see Exhibit "B"). The subject plat is a single-family detached zero lot line residential development, comprised of 148 lots on 36.17 acres. The P.U.D. is located on the west side of Lawrence Road, immediately south of the LWDD L- 20 Canal (see Exhibit "A" - Location Map). The developer is in the process of constructing homes within the P.U.D. The typical perimeter lots are dimensioned 45 feet in width by 115 feet in depth, as opposed to the typical interior lots which are 105 feet in depth, or 10 feet shallower than the perimeter lots. The perimeter lots would be located on the south property line and wrapping around to, and including those lots along the west property line (see Exhibit "c" - Master Plan). The requested master plan modification of rear yard setback for screen-roof enclosures would equate to a three (3) foot reduction (from fifteen (15) feet to twelve (12) feet) and a three (3) foot reduction in the rear yard setback for pools (from seventeen (17) feet to fourteen (14) feet). No other required yard setback dimensions are proposed to be changed with this modification request. Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The purpose and intent of setbacks is to create separation between units, principally for safety and maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback a certain distance from the property lines. The master plan shows the minimum setback requirements for screen-roof enclosures. Additionally, the master plan indicates minimum pool setbacks. The developer is seeking added flexibility in locating pools in the back yards by requesting a three (3) foot reduction in the minimum required rear yard setback for pools and screen-roof enclosures to assist in the ability of one- story homes (those with the largest footprint) to accommodate a pool and enclosure without interfering with the 10 foot perimeter landscape buffer easement. This request was reviewed for consistency with the P.U.D. development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject request by focusing on the subject P.U.D. in comparison with similar planned residential developments that exist throughout the City. The proposed request is relatively consistent with setbacks for ancillary Staff Report Memorandum No PZ 07-024 Page 3 structures in adjacent developments. The proposed modification of rear setbacks for pools and screen-roof enclosures is mitigated by the fact that all of the perimeter lots within Knollwood abut the 10 foot perimeter buffer easement. It should be noted that screen-roof enclosures are a common amenity within rear yards for both planned residential developments and the traditional single family subdivisions, in particular, when swimming pools are present. In typical subdivisions within the City, an eight (8) foot rear yard setback would be allowed for construction of a screen-roof enclosure. The developer is requesting a twelve (12) foot rear setback for screen-roof enclosures from neighboring properties, including the ten (10) foot perimeter landscape buffer easement. After reviewing the setback regulations for pools and screen-roof enclosures within other P.U.D. developments and acknowledging that the request by Knollwood would also conform with certain citywide regulations, and taking into account the fact that all of the perimeter lot rear yards abut the ten (10) foot perimeter landscape buffer easement, staff believes the request to be reasonable and would neither be injurious to the area nor detrimental to the public welfare. Additionally, the developer is requesting permission to add two (2) more models to the inventory of home options available to the buying public. The original Master Plan proposed a variety of house style types, ranging from three (3) to five (5) bedrooms with air-conditioned living areas ranging from 1,952 square feet to 3,054 square feet. Due to a changing economic market, the developer is requesting a greater variety of floorplans in order to appeal to greater consumer market. In particular, the developer proposes two (2) new home models. One will have 1,383 square feet of air conditioned living area and 1,855 total square feet. It would be a one-story, 3 bedroom/2 bath home with the same architectural treatments as the originally proposed models; contemporary mediterranean style, with textured stucco walls and banding, spanish s-tile roof, and the same palette of earthtone colors offered on the other units. The second model will have 1,676 square feet of air conditioned living area and 2,095 total square feet. It also would be a one-story, 3 bedroom/2 bath home with the same architectural treatments as the originally proposed models. Staff supports the greater variety in floorplans and the reduction of square footages to appeal to a larger portion of the City's population. RECOMMENDATION Planning and Zoning staff recommends that this request for Master Plan Modification be approved, based upon the determination of the modification constituting a non-substantial change. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in Exhibit "D" - Conditions of Approval. s: \Planning\SHARED\ WP\PROJECTS\Knollwood\MPM D 07-004 \Staff Report.doc .. 1 in. = 370.5 feet Knollwood P.U.D. EXHIBIT A EXHIBIT B February 27,2007 ill ~ @ ~ 0 IV ~ W LS FEB28. PLANNING AND ZONING DEPT Julian Oryan &. nllociatel Mr. Ed Breese Principal Planner City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Fla. 33425 KNOLLWOOD PUD - SITE PLAN AMENDMENT Dear Mr. Breese, In response to our recent conversations regarding the above referenced matter, attached are 12 copies of applications and site plans for the proposed revisions. The two proposed revisions are as follows: 1. A three foot (3") setback reduction for pools and screen enclosures on perimeter lots. These lots are 10' deeper than interior lots as they contain a 10' wide landscape easement along the rear lot line. As proposed, screen enclosures would be 12' from the rear lot line and swimming pools 14' from the rear lot line. These presently are 15' and 17' respectively. 2. The introduction of two new home models. Each will be one story, 3 bedroom, 2 bath with a two car garage. One will have 1383 square feet of air conditioned living area and the other 1676 square feet. All exterior colors and building materials will be the same as the original models. Two different elevations will be offered for each home. Should you have any questions whatsoever, please feel free to call. Thank you again for your assistance in this matter. Sin.e-Q , /J / ~// ({/', .-0 .' ,~'" '// Julian T. Bryan III Principal Cc: D.R. 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KNOll.WOOD FOR: T RAY ~ $f~~ ~ 18~1IHJtl'ti ;: [Q) IN 0 IF(] CQ) lFB u CQ) WJ IF(] CQ) lf0\] ~ ~ ;I: JrELCOJa HOllE PAlliI BEACH COUNn' FLORIDA en HOMES BY ARCHITECNIC INC. 150.11 WILES ROAD. SUiTE 101.... PHONE 19~41 75-!>_0690 CORI\L SPRINGS, FLORIDA 3:1067 FA'- (95..) 755-680' :..=:-::--=.::..-= R.~"I_ ~}~~ I~ .-- ---..-- L_~__ c~----------- --~lt,--------------------------------J-" ..! ~ .. ....~ .... .. 1 ..1 I I I I - . , " If" I ~II I ~-~-------------------~ t j" ~ ...- ~::;-or :~o::.o;"" - o.....OO'l ~=~! 51 !i " an .,., E :1 . I~: "( ii :. !~I .!il~ . I. hi5 !S ! ~ ~~ :. !Iii I. I! !~ ,; r- 'I -:j ~ !! ~h i []]i; ." ~; -~ . '" l::;~ ~ hi! ~ ajj 'j- ::U ~;li II"' .1' j3 "<; !ii tirl "I 1,1 _: 81'1, h . I' ". i!~ Iii ii- 8 i! 8 i: II I~ i r' ~ o -0 ::l o z I , - , . 'TI - r' o o :;tI e ~ ~ m ,- I o z < ... ~ z > ~ '" ~ ~ fo :0 ~ . m ~ ~ > () > r- () c: r- > -t ! (5 . z .. . <:: C/J '" ~ ~: . 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Z , ; . = = , E ~ ; J C> I ~ ~ ~ i Ii ~ ~ , !; rn () i , :%: I m i I I i c I <= I I , I r- i !~ m i i , i I I !! 1 I 1 I I i I il: - . i ! ! I i~ i ~=."";:l ~\~'.:' . ~f"nf" lot Dl'-lI -- . ~! ., ;- '10': -UI'" 'F': H ~ II :: Ii B~i:! hit! !!~;! !l ~ 50 ,_ \' ~,,!, .,-:<~ ..~d. I' , "' 'I " 1=10, 'i.-wi "~I"~ "S ~.. ;;~! C>~ -~g :;~~I~ o~ -i~ I'j E; \' s. ",. Of'... [" I- · II -'~~,ii='i"~ , 7 '~i I . ~I 8 cL ~ ~ (/l -oS >:Tl[ :j~ l~ Om 9;; :l:j 00 zz , '--~---I- , I ~ I.. II jl.. .~ 8 ;:d Cl ::r:: -l (/l S (11 [:.1 m < > :jr 8\; ZL :i :1, ~. il ii, ~l~ KNOU.WOOD I - , H~~~ te~!i' .. :H!il !H :t.I: , , it: W ;! . o:l >;:d '-..;!m ~:El~ ai~E8 ::lz[::1 III 00(11 -,~ 00< n' -0:8> i :j :j[ .-.-.-.,. 0003 ' Z~z" . ! u. ~ ~; i; 1= +-- ~------~- ~ ;:d tTl > ;:d ~ fn < > :jr QI= z - EXHIBIT C rr: ;r~ ;i i ., . ~.~ I: i:: +-- li~ i1 i ~ " _EI------ tI1 ~ /lIS .." 'jii ...., .11 i~i -'j ~ -O~t- > t -l(11' oF.;" 0< ;3> .-,:j 00 zz ~. ~ ;r. :::j [/) S tTl ~ 'iil " :i. "'...... UNIT 1383 I; ," ~: ., :1 ~ --l------r+ I : ~I, a~ I I" :1 lL !...~ 'l.... 1 :~' v 1'1' E l... r;t."; l~ U~ E; ~I, ~~ 03A T. RAY ~ ~~~ \fr~ ~ ~J31IH:J8~ )> '~ A <//STOll RKSWENc:E FOR ::-:," ::;~~" [JJ Jf?2 0 [J=(] @ ~ u@ [N] [~@ I10iJ ~ ~ ,!! 000<>I0AC! to. ,/-'1'- lfELCOJlE ROlLE ~ (I"'t- PA.LJI SUCH COUNTY !"LORIDA. en 07 ~<cc~ HOMES BY ARCHITECNIC INC. ~ SOU" i'tGIOOr I __ 't-/~ ~ 6~~A~~~~~RcitDFl~~;~;A '~;O/l,67 :~~NE ::~=: ;;~'~:6i :.=:=.---:;e..:::: R....'s""'~ ~~ i~ 0___ __~__.._ f:o ==:::='0:::-" Z: ____,~_ :::.-;,;;~-~;'. ... D, Fl.OOOt I 'I II, i. Ji'~ iR '.' n "II" 'Ik . Ii " ~ K.. ~ If L ,I . ~ ~ 8 "lil; If e .. i~'1 ~i.~ I ..! '" ... "I.. ~I.. S5 I" I! Ii i ~~ ~. ;E r< ,,.. C.~ ~ II I~~~I o t:....J ~~ o z . .m .0 !~ -0 ~~ ~ ~ - ;~ e ;~H I! i;~l i! 1-.1 i~ .~l; ", ,.a J .....&. U ji'r ~~I ~ -:2.:11 en . ...~ ~.. <- ~ ii~!f · Ii! - >"'1 Ii I j l'h i, : i!H 1- ~ la' ~ I.; , ;ii h. ~ !l:1 81 !!'I " !~ i I ~ Ii ..~ C\ .. 's' 0 il ~!A Iii i.__. j rn~ ." .. -~ EXHIBIT C ~ "l ., .. ., .. . ;,. .. .. .. I! a' Ii I~Hl !;! , 1'1 ' - I 5;1 I I q I i~: i I e 0.", ii= "'O"'i ~i: ll> =.-::. . '" g o ~ o z . ~ ~ f .. '" " ~ "l ... ;~f~~l~i .. ... I BIDI3I!lB 8138130' % <: ... z )00 , , . , . , , ! . I .. ~ ~ i :a . . , . . . . , . . . m ) ~ ~ -~ PI i )00 ~ ~ . . , i I C"l . .- - - - l )00 . . . . r- . . . . . . . C"l c: . . . . l m r- >< )00 .. ..... m ..... . : , p :0 i (5 . . . ' . I,: I 6 z :0 . .. ~ . f/) 0 o ..., ." c ~ IE) ..... l 01 ~ ...., .,. , ! . . , !! .: ! : j- ~ ~ . ID '1 z l- . , ! : ! ! : E !!:! C) ~ i :x: e e ell , e e ! ! i; ~ f m i . )00 ::: i i 0 . m i) . c m c: :a ,.... ! ei ' I , um f/) ? C"l II I?J :x: m :J 0 ~} c: ill .I: r- m . ~! i~ ] ~ ! ' :--il)-~!1~-_______________!!:_1_~______________________________._, , ./IIIJ~;tmliilll~7111I1tllt\tlUI.ltlt 11I"""'",_,..."""" "...._J-,. El.... E1 r'" .... .. I , , , , , , --~ '-'l ~ i~ a~ .. '0 10 '" I .._.~.w r N"! :n n !t:. IFi)oBU !!: i:~ !, ~ ~,~ r~~~ri i i i .J . g~ ~~ -0 ,,,, / / ./ e~ i~ '0 0'" ~ ~ p g=:"& .O~ ... ~~i / // ~I E / ~C) . /:~." ;g ./ : ~!_l I: . , I : ~: .". '; ~ ~~ .____ h_h.__ ;. -', . ~t-. --:-- -- :.- n. -.. -- -- -: -...: -..- -.:.--- ----- ___~.~-~~e: :::~::...:.e:~:"""j_ J t!l o o . ~ ,; ~ Z .. ~= ~e .~ it: ., " ., " ~ ~ n '0 :~ !g; :0 i't:l -> H 1- .0 10 I~ .m '.jZ I-n ;'" .";- , , , , , , , , , , , ~---h---+h .'1-'> , , , , i , , , , , , , , , , i , , - - - - ----..1iI-, ; _g___h_. ___,_ _J r.r r...' n ~ ~ ...-...--""'). ~ ,g .;Ii 2S . , J.. .. .~ ~)o- '5 S"_I UNIT 1383 KNOllWOOD 02 '-.. ~-~~~ ~ ~-~lt ~ ".....,....., ~~ ~ ... CUS'T'Ol/ RES1DENCZ FO'" [Ql 0 ~ 0 [f{) @ [Rj 11 @ [Af] [F{] @ [j0j] ~ ~ RLCOn ROWE PALII. BBACB COUNTY nDRlDA HOMES BY ARCHITECNIC INC. 150. WILES ROAD. SUITE lOl-A PHONE: /9541 75S.Ot:90 CORAL SPRINGS. FlORIOA 3JDIJ7 FAX: liS.' 7:55.eS01 r. RAY ." ------ "Tl ~ =:;.:E?..::::.: "'". ..-- r ,~ -..-......-...... '" ------- <!I..- ll___ --.-....-..- en --.-.....- <!I-., 0; 0 --..--- z -~-- "'..~ "'-.- ------- ~ ::: ----- 6. ;..~::~~_.. 6. D311H:J~" '" 6. EXHIBIT "D" Conditions of Approval Project name: Knollwood P.D.D. File number: MPMD 07-004 Reference: DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST I Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHAREDlWPIPROJECTS\Knollwood Groves PUD\MPMD 07-004ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Knollwood P.U.D. APPLICANT'S AGENT: Julian Bryan and Associates, Inc. APPLICANT'S ADDRESS: P.O. Box 810144 Boca Raton, FL 33481 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification of the Knollwood P.U.D. to reduce the rear yard setback for perimeter lots from fifteen (15) feet to twelve (12) feet for construction of screen-roof enclosures, reduce the rear yard setback for pools from seventeen (17) feet to fourteen (14) feet, and increase the proposed home choices by the addition of two (2) more models. LOCATION OF PROPERTY: 8053 Lawrence Rd DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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\Knollwood Groves PUD\MPMD 07-004\DO.doc Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 C. Knollwood P.U.D. Master Plan Modification 1. Project: Agent: Owner: Location: Knollwood P.U.D. (MPMD 07-004) Julian Bryan, Julian Bryan and Associates, inc. DRHI, Inc. West side of Lawrence Road, immediately south of the LWDD L-20 Canal and approximately one (1) mile south of Hypoluxo Road. Request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. Description: Chair Wische presented this item and explained the request was recommended for approval based on it being a non-substantial use. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. Mr. Breese explained the request was to reduce the requirements for screen roof enclosures and pools on perimeter lots. There was a 10 foot buffer easement to provide separation. It was noted the abutting property owners were notified. The site plan was reviewed and the existing rear yard setbacks for Nautica had a 25 foot setback with a 12 foot utility easement from the property line. Mr. Saberson asked whether there was a policy the setbacks would mirror the setbacks of the adjoining subdivision. Mr. Breese explained the setbacks would be compatible with the setback of the adjoining subdivision. Motion Mr. Cwynar moved to approve the request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. Mr. Casaine seconded the motion that passed 7-1, Mr. Blehar dissenting. D. Dr. Mote's Physical Therapy Facility New Site Plan 1. Project: Dr. Mote's Physical Therapy Facility (NWSP 07-004) Jack Morgan, Morgan Properties Group, Inc. Mote Properties, LLC. Agent: Owner: 4 VIII.-PUBLIC HEARING ITEM C. 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 [8J April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2,2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report 0 --.I NATURE OF 0 Administrative 0 New Business :::r: ::.~~~ AGENDA ITEM 0 Consent Agenda 0 Legal :;;0 N 0 Code Compliance & Legal Settlements 0 Unfmished Business CD [8J Public Hearing 0 ~ RECOMMENDATION: Please place this request on the April 17, 2007 City Commission Agenda under" Public Hearing. The Planning and Development Board on March 27,2007, recommended that the request be appr~. further details pertaining to this request, see attached Department Memorandum No. 07-022. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Dr. Mote's Physical Therapy Facility (NWSP 07-004) Jack Morgan, Morgan Properties Group, Inc. Mote Properties, LLC 3111 West Boynton Beach Boulevard, north side of Boynton Beach Boulevard between the Bedding Barn on the east and Paz Plaza on the west. Request for new site plan approval to allow construction of a 6,191 square foot medical office building and associated site improvements on a 0.601-acre parcel in a C-3 zoning district. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: ~- (.; City Manager's Signature Assistant to City Manager ~ ~ ~ /I<<L /' Planning and Zoning ector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Dr. Mote 3111 W. B.B.Blvd\Agenda Item Request Dr. Mote's Physical Therapy Fac.NWSP 07-004 4-1 7-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC n C) --1 :--=;-< -( C) ,," .'-GJ C) ..1-<: ~ -'..... ~;6 <:) :.::: . '1 --nGJ .--.: rT1 F~r?; DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-022 STAFF REPORT FROM: Chair and Members Planning and Development Board ~~ Michael Rumpf Planning and Zoning Director Ed Breese ~ Principal Planner TO: THRU: DATE: March 8, 2007 PROJECT NAME/NO: Dr. Mote's Physical Therapy / NWSP 07 - 004 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Mote Properties, LLC Applicant: Mote Properties, LLC Agent: Jack Morgan, Morgan Properties Group, Inc. Location: 3111 W. Boynton Beach Boulevard (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C -3) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a one-story, 6,191 square foot office building and associated site improvements on a 0.6-acre parcel. Acreage: 0.6 acres (26,210 square feet) Adjacent Uses: North: Right-of-way for the LWDD L-24 Canal and further north, developed commercial property (Walmart), zoned Community Commercial (C-3); South: Right-of-way for Boynton Beach Boulevard, then farther south is developed residential property (Stonehaven), zoned Community Commercial (C-3); East: Developed commercial property (Bedding Barn) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and West: Developed commercial property (Paz Plaza) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). Staff Report - Dr. Mote's (NWSP 07-004) Memorandum No PZ 07-022 Page 2 Project size: The project consists of a one-story, 6,191 square foot office building and associated site improvements on a 0.6-acre parcel. Site Characteristic: The subject parcel is a relatively square piece of land approximately 165 feet long and approximately 137 feet wide. The parcel is situated on the north side of Boynton Beach Boulevard, west of Congress Avenue, between Bedding Barn and Paz Plaza. The survey shows that the highest elevation is 16.2 feet above sea level, located near the north property line, along the Lake Worth Drainage District (LWDD) easement. BACKGROUND Proposal: Morgan Properties Group, Inc. proposes to construct a one-story, 6,191 square foot office building with 31 parking spaces. Concurrency: ANALYSIS Traffic: A traffic concurrency approval letter has been received from Palm Beach County Traffic Engineering, indicating a total of 15 new a.m. peak hour trips and 23 new p.m. peak hour trips, with the build-out year reflected as 2009. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property 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: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Boynton Beach Boulevard. Proposed on-site circulation consists of one driveway near the southeast corner of the property along Boynton Beach Boulevard with a proposed interconnection with the Paz Plaza site to the west, near the southwest corner. The owner of Paz Plaza agreed to enter into a cross-access agreement with the owner of the subject property, as a Condition of Approval for Jerry's Cigar Lounge Conditional Use application heard at the Planning & Development Board meeting on February 27, 2007. A Condition of Approval with Dr. Mote's application requires the doctor to also execute the cross- access easement agreement and construct the physical improvements necessary to connect the two parking lots (see Exhibit "c" - Conditions of Approval). Parking Facility: Parking required for this type of facility is based on one (1) parking space per 200 square feet of medical office space, for a total of 31 parking spaces, and is proposed on the south and east sides of the building. The plan as designed accommodates 31 parking spaces, including 3 handicap spaces. The typical parking spaces are dimensioned 9.5 feet x 18.5 feet, with the handicap spaces shown as 12 feet x 18.5 feet with the associated 5 foot striped aisle. Staff Report - Dr. Mote's (NWSP 07-004) Memorandum No PZ 07-022 Page 3 Landscaping: The proposed pervious or "green" area of the lot would be 8,570 square feet or 32.7% of the total site. The landscape plan tabular data (Sheet PL-l) indicates that 12 trees, 37 palms and 578 shrubs and groundcover are being provided. The trees being utilized in the planting scheme are Mahoganies along with Sabal, Chinese Fan and Veitchia palms. Shrub materials selected for the site include Cocoplum, Green Buttonwood, and Firebush. Two signature trees (llbouchina) are proposed to be planted at the entrance. All of the proposed trees are native, 76% of the palms and 52% of the shrubs and groundcover depicted are native. The proposed buffers meet code regulations and are consistent with surrounding sites. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story office building would have a typical roof height of 16 feet - 8 inches, measured to the top of the crown molding on the average parapet wall. The decorative hip roof entrance features reaches a height of 24 feet - 5 inches, measured at the peak. The maximum allowed height in the C-3 zoning district is 45 feet. Sheet A3.0 provides an illustration of the building facades, with a stucco finish, score lines, stucco pilasters, decorative trims and mouldings, fabric awning and Spanish "s" tile roof. Design: The color rendering indicates that the building would be designed as a classic office building, including the fa<;ade improvements discussed above. The body of the building is proposed to be painted a light green color (Pittsburgh Paints - "Limelight" 406-3). The accent trim color is proposed to be painted a medium gieen (Pittsburgh Paints - "Silver Leaf" 406-4). The cornice moulding color is proposed to be painted white (Pittsburgh Paints - "Abbey White" 511-3). The Spanish "s" tile roof is proposed as a muted palette of "White Buff" and "Adobe Gray". The building style, materials and colors are compatible with surrounding development. Relative to the Art in Public Places requirement, the applicant has been working with the Public Art Administrator and they have conceptually agreed to the placement of a water feature with a metal artistic element near the building entrance. Once formalized, the Art Committee will review and approve the final design. Signage: The site signage, according to Sheet A3.0, will consist of tenant wall signs only. Both tenant signs are proposed to be individual backlit letters not to exceed 2 feet _ 8 inches in height, for a total of 40 square feet each, and black in color. RECOMMENDATION: The Technical Advisory Review Team (TART) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval. The Technical Advisory Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. ... 1 in. = 186.4 feet Dr. Motes' Physical Therapy Facility EXHIBIT A J~ '" f ;; I !: f ~ :: g ~-t c' p ~ ~ (:, fJ) :' ~ ~ "'tI r )> :z :11 i i~ J ~ ~ ~j 6 II a~ ~ ~ I I ji i:;;:; !~~ ~ ~ '/11 ~ 'ieJ I~ I~ I ii j m :;I~jJ=l: ~ ;!il~~e II z ~ ~~ i C) a.- ~I (") ~ ii ~ ! ai 0 Ilti;'ii. =l I.Jdl~; ~ .h~';li. fJ) ~~i:i~;~! ~ .~.S~~O m !~!i~~!i · 5. i-'Ii ~Il. . ,~ .. t:l II: ::0 fa . n s::: ~ ~ o ~ ~ ~ tXJ ~ II II -,-,I ( I~-------___ I : ---~--- ,~.. ""-(1" ""-eO e'-o" "" l~O(~1IVC11Ol1 1----_ "-:;~I; "'.o,..... ."...., -"~"" ..~. ~ . ~. ~ ~ ~ .!-~ . ~" ~! .l ." H .< ",' o~ ". ~. ii !" 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I I I I I ~ ~ ~ I 9 I I I 1 l I ~ :s ~~ :t;!~ il1~ I~ ~ ~~ ;S~ ~~ ~~ ~ "1 EXHIBIT B c ( .. l! .. ... ~ " . -',.1"-'- r I I I I -"I .-,.-..- I I .-.-t-.._.._.._.._ I I I I I I I I I I I . '" r p 'p r I~~I i ;~~~~ lfift ~c: ~ Ols: ~ III CIltj. ~rn if f J i E9~ tt~~!i Illf' go S2 ~ 1 ~ Ii' ~ ~ CIlQ) I[ lEE ~ Ef~~U I g::3 OlC) ~ ~ ..):.~ r- " o SClll~. Q. or ~r- r i I ~ g. i~;:;I! ;!l~~ ! ...... .Q '" i- ~ CD ~ ~ " :;: Yl ~~ " ;. J ~ rn C/) ~ EXHIBIT B ,- g f ;:; I i~1 i ~ 0 II: i2 i; ~ ;1!IIW1 '~ :.' ~ ~ ." ::0 '" S ! ~I Ii; j~~ 89 ~ :: ~ n Sj- ;a't '" !~ ! !~ ~~~ ~~ S I! .~~.. ~ ~ p '" ..", ~~5Ei~ Pi- ~ r ~ .~- o .., ~g ~ I ~~~ = 2):> ~ )> . ~ ~ ~ ~ ~ i ~ ~ ~ I h= !~i n "" d 0 tXJ ~ l!' ~ t ~~~ ~S: VJ . " ~ ~ ~ , ~ i [!;] I n ,'; G if ,i 01 ':i :1- I; , , . ,~ ~ ~ ;; .. ~ :E m CIl -i m r m < ~ o z N ;.; '-s J; '. "I ~ ~ . >j~ .'. 'sa " : ~~~ . . 1 ~2i '. Q~5 . C i' u~ . 1 . ~~. .~.m~...; ./' . . .' I . . . ': : I: j . 1 '1 1 1 I . 1 . C I. I. EXHIBIT B ~ ~ , I ';:1 .~ ~ ~ ~ if P ~~ " ~I a 0 [!;] ~~ a i ~~ it ,~ I~ ! ~ m . ,. , ~ 1 ~ I i ~ ~ @J i I ~G ~ n ~ I ~ ~. a ~ '~"~ i*~.~ .. ~ f ~ a ~ g @} . . . m@]SEl[!;]@}[!;](EJ (") . . . CIl m ~~HiiH 0 m i; ~~ i~ 15 Hi! .. ~ r r Z m 0 ;: III JiI'3 )> a- ~g 3 ); ::0 .~ l! ia C) i ii 1j=7iU! fJ) " . m I -i ~! m~'~ . . 0 ~ !i"'; (") ::0 r" ~ :I: e ~ ~i i~ m ic I z q~ Hq m i s. 01 0 ~ ii z 0 0 " . .~g~ c ~~ I . c . -, . , ;0 -i i E : r E i m =d d"j m .s ~ m i ! fJ) ~a i . s: 5 . 0 . :1 m i ~ E ~ " ! ! z ! P -i l sa l i fJ) . ~ - ! .- . l " ~~ " I . ~ a i s~ i ~i ~ ~ 5 i~ ~ ~ ! i . ~ ~ i ~ ;, ~ U ! I t::l II: ~ ... · I II! IIi m ~ a i ~ .~a ... !; ::0 c=; Q- II, ! ,I I !i'i1' !Ii;i!~ . o~ ii!~ I ~ S~ E5:: ~ 0 s I ~ .~~ ~ 'INI g o ..., ~~ I r ~~: ~!s ~). ~ l; ~ ~ ~ ~ ;:J ~ i i i I U! ~:~ ifi n (:, ~ t:rJ ~ i'1 ~~a ~e~ EXHIBIT "e" Conditions of Approval Project name: Dr. Motes' Physical Therapy Facility File number: NWSP 07-004 Reference: 3rd review plans identified as a New Site Plan with a March 9, 2007 Planning & Zoning date stamp ki mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: 1. Depict the sight triangle for the west side of the main driveway (using FDOT X Standard Index 546.) Line of sight shall be provided to the west as well as to the east. 2. Show existing and proposed water and sanitary sewer mains, services and X hydrants on the Landscape Plan. 3. Indicate irrigation water source on the landscape plan. X 4. The Chinese Fan Palm indicated on the west side of the main driveway may X be within the sight triangle and may need to be relocated or replaced with an alternate species. On permit drawings, please depict the sight triangle on the west side of the driveway to determine need to relocate. PUBLIC WORKS- Traffic Comments: 5. Verify that the separation between the proposed driveway for Dr. Mote's X Physical Therapy and the driveway to the Bedding Barn meets FDOT criteria. UTILITIES Comments: 6. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). This will be determined at time of permitting. 7. 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, Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 8. 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. 9. The conservation of potable water is required per Comprehensive Plan X Policy 3.C.3.4. As other sources are readily available City water shall not be allowed for irrigation (eg: LWDD L-24 Canal.) 10. 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. II. 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. 12. 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 permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 13. 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. 14. Identify easements on the Site, Landscape and Civil plans. X "";";""'__'''''-_"'''''''"'''''''1'''''''.,- j . -~",Oiaj'~.~;i#;';;>"";"';"'_'''''' DEPARTMENTS INCLUDE REJECT 15. 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. 16. Provide written concurrence from the L WDD that the proposed outfall to X the L-24 Canal. 17. 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: 18. 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. 19. 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 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. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. 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. 22. 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. (CBBCO, Chapter 26, Article II, Sections 26-34) 23. 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. 24. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. B. Palm Beach County Planning, Zoning & Building Division, 100 Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- 233-5013) C. United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 25. Staff recommends that the 25-foot drive aisle on the south side of the X building be extended to the west property line, in an effort to create a cross- access drive with the Plaza to the west. The owner shall execute a cross- access agreement with the owner of Paz Plaza and shall make the necessary improvements on both properties to create the cross-access between each. 26. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 27. Provide taller landscape material, in the 4' -5' height range at time of X planting, along the east wall of the building to soften the expanse of blank wall. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Dr. Mote 3111 W. B.B.Blvd\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dr. Motes' Physical Therapy Facility APPLICANT'S AGENT: Jack Morgan, Morgan Properties Group, Inc. APPLICANT'S ADDRESS: 258 SE 6th Avenue, Suite 3, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for a one-story, 6,191 square foot office building and associated site improvements on a 0.6-acre parcel. LOCATION OF PROPERTY: 3111 W. Boynton Beach Boulevard 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\Dr. Mote 3111 W. B.B.Blvd\DO.doc Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 C. Knollwood P.U.D. Master Plan Modification 1. Project: Agent: Owner: Location: Knollwood P.U.D. (MPMD 07-004) Julian Bryan, Julian Bryan and Associates, inc. DRHI, Inc. West side of Lawrence Road, immediately south of the LWDD L-20 Canal and approximately one (1) mile south of Hypoluxo Road. Request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. Description: Chair Wische presented this item and explained the request was recommended for approval based on it being a non-substantial use. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. Mr. Breese explained the request was to reduce the requirements for screen roof enclosures and pools on perimeter lots. There was a 10 foot buffer easement to provide separation. It was noted the abutting property owners were notified. The site plan was reviewed and the existing rear yard setbacks for Nautica had a 25 foot setback with a 12 foot utility easement from the property line. Mr. Saberson asked whether there was a policy the setbacks would mirror the setbacks of the adjoining subdivision. Mr. Breese explained the setbacks would be compatible with the setback of the adjoining subdivision. Motion Mr. Cwynar moved to approve the request for master plan modification for reduction in the rear yard setbacks for screen roof enclosures on perimeter lots from fifteen (15) feet to twelve (12) feet, the rear yard setback for pools for perimeter lots from seventeen (17) feet to fourteen (14) feet and to increase the proposed home choices by the addition of two (2) more models. Mr. Casaine seconded the motion that passed 7-1, Mr. Blehar dissenting. D. Dr. Mote's Physical Therapy Facility New Site Plan 1. Project: Dr. Mote's Physical Therapy Facility (NWSP 07-004) Jack Morgan, Morgan Properties Group, Inc. Mote Properties, LLC. Agent: Owner: 4 Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Location: 3111 West Boynton Beach Boulevard, north side of Boynton Beach Boulevard between Bedding Barn on the east and Paz Plaza on the west. Request for new site plan approval to allow construction of a 6,191 square foot medical office building and associated site improvements on a 0.601-acre parcel in a C-3 zoning district. Descri ption: Chair Wische presented the request. Jack Morgan, Morgan Property Group, Inc. and agent for the project was present and agreed with all the conditions of approval. Mr. Breese reviewed the request as contained in the staff report. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. The cart enclosure for trash pickup at the rear of the property would accommodate a roll out cart, which would be rolled down the sidewalk on pick up days; a dumpster was not necessary. Motion Ms. Jaskiewicz moved to approve the request for new site plan approval to allow construction of a 6,191 square foot medical office building and associated site improvements on a 0.601-acre parcel in a C-3 zoning district subject to all staff conditions. Vice Chair Hay seconded the motion that unanimously passed. E. Land Development Rewrite - Definitions and project update - This item was withdrawn and scheduled to April 24, 2007. Code Review 1. Project: Land Development Rewrite - Definitions and project update (CDRV 07-004) City-initiated Request to amend a portion of the Land Development Regulations Part III, Chapter 1, Article II. Definitions, to provide a first set of revisions based on updated uses, new or proposed sections, and consolidation of definitions currently provided within individual chapters as part of the LDR rewrite project. Agent: Description: Motion Mr. Cwynar moved to table the item to April 24, 2007, Mr. Casaine seconded the motion that unanimously passed. 5 VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 Apri130,2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) 0 -.J D AnnouncementslPresentations D City Manager's Report :J: ,.':~ D D ;:::v NATURE OF Administrative New Business I"..) AGENDA ITEM D Consent Agenda D Legal c:> D Code Compliance & Legal Settlements D Unfinished Business :;.... -~ -~ ~ Public Hearing D w RECOMMENDATION: Please place this request on the April 17, 2007 City Commission Agenda under"-J Public Hearing. The Planning and Development Board on March 27, 2007, recommended that the request be approved. further details pertaining to this request, see attached Department Memorandum No. 07-025. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Southern Dance Theatre (SPTE 07-004) Penni A. Greenly, Managing Member Southern Dance Theatre, Inc. 1203 Knuth Road Request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21,2007 to March 21,2008. PROGRAM IMP ACT: N/ A FISCAL IMPACT: N/A ALTERNATIVES, ~ Developme epartm nt DIre r ~ Assistant to City Manager ~~ Planning and Zoning Direc City Attorney / Finance S :\Planning\SHARED\ WP\PROJECTS\Southern ance Theatre\SPTE\Agenda Item Request Southern Dance Theatre SPTE 07-004 4-17 -07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC (""') G-i ::;-< -<0 .:) ." co ;::-~;:~ ,,~ -4 .~ 0 '::).- ~-q- -riGJ .=: i" ~,.:,> I "oJ For TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-025 Chair and Members Planning and Development Board '~ ~ Michael Rumpf I\-.\t. . Director of Planning and Zoning Kathleen Zeitler i2- Planner March 20, 2007 Southern Dance Theatre (SPTE 07-004) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Southern Dance Theatre, Inc. Penni A. Greenly, Managing Member 1203 Knuth Road (see Location Map - Exhibit "AfT) Local Retail Commercial (LRC) Community Commercial (C-3) No change proposed No change proposed Dance Studio (recreational instruction) and Retail 40,075 square feet (0.92 acre) Stor-AII Self Storage Facility zoned C-1; Wal-Mart Super Center zoned C-3; Wal-Mart Super Center zoned C-3; and, Right-of-way for Knuth Road, and farther west single-family residence zoned A-R (PBC Ag ricu Itu ra I-Residential). Page 2 Southern Dance Theatre SPTE 07-004 BACKGROUND Ms. Penni Greenly, Artistic Director and Managing Member of Southern Dance Theatre, Inc. is requesting a one (i)-year site plan time extension for the Southern Dance Theatre New Site Plan Development Order (NWSP 06-001), which was approved by the City Commission on March 21, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to March 21, 2008. The subject property consists of a cleared 0.92 acre lot zoned Community Commercial (C-3) located on the east side of Knuth Road, approximately 500 feet south of Old Boynton Road (see Exhibit "A" - Location Map). The project has been approved for the following: annexation (ANEX 06-006); land use amendment (LUAR 06-001) from Commercial High (PBC CH/8) to Local Retail Commercial (LRC); rezoning (LUAR 06-001) from Agricultural Residential (PBC A-R) to Community Commercial (C-3); and a new site plan (NWSP 06-001). According to the original site plan staff report, the proposed project is approved for a one-story building of 10,000 square feet for recreational instruction (dance studio) and retail space, which are permitted uses in the Community Commercial (C-3) zoning district. The proposed building is to be completed in one phase and consist of 7,653 square feet for a dance studio, and 2,347 square feet for future retail use (see Exhibit "B"- Approved Site Plan). The property owner voluntarily agreed to restrict all uses on the property to those uses allowed in the Neighborhood Commercial (C-2) zoning district which do not require more parking. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on February 28, 2007, approximately 21 days prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "C" - Justification Statement), the applicant explains that she has been working diligently to secure a building permit for the project, and lists the following accomplishments as "good faith" efforts": (1) initial building application submitted in September, 2006; (2) review comments received from the City in October, 2006; (3) revised plans received from architect in January and February, 2007; and (4) all needed revisions to be addressed and resubmitted for further review by end of March, 2007. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On January 31, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2008. The site plan time extension is still subject to the original 37 conditions of the new site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project remains exempt, as the new site plan request was filed and under review prior to adoption of Ordinance 05-060 on October 5, 2005. Page 3 Southern Dance Theatre SPTE 07-004 SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the Southern Dance Theatre new site plan development order (NWSP 06-001). If this request for extension were approved, the expiration of this site plan would be extended to March 21, 2008. All outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or required by the City Commission, shall be documented accordingly in the Conditions of Approval (see Exhibit "D" - Conditions of Approval). S:\Planning\SHARED\WP\PROJECTS\Southern Dance Theatre\SPTE 07-004\Staff Report.doc ~ - ~ T I~ I tE v 1 In.'' 292.0 feet I \ I I l j I I I .. ..... ~ ,~.. ....~ . ) ~ - 7 .~ t II f t o . . ~SITE~ ~.................," .. - - I I ,/, I - '=1f I--- ~ I --...... ..... ~ P.ZIU I ~ I ... t . ,I .. f ~ .! ;' if IldlJ ;!I ~I lJ m' ii!.II. ; II il il = ~.! i Ii~li;j I" ~ 'II III! "!!I! i!~ I. 'I! t II.;! I If', II H I~ In lid I 1111. 11l~ ~; ~ . . 0;( Q w o 8 ~ "1"1__ u l-li:! 1:1:; .1':11 i , !1d~1 uul L i JI I I' t Il I II eXHIBIT B . . ,. 6 I. I tn ~~ I ~I I ~ III! ;k :> . l:! cC 1111 I Ie \' qj I' ~ tl.' q 1111 Ii n. 1IB1 ,. 0::: ~ 0 ~ I!!!! I 0 .J lL. 0 . w fI) ~~ 0, f~ ~ . >- ~ ti w ~ ll. EXHIBIT C 140 No:B1h Ccngress Ave. #gB Boyntoo Beach, FL. 33426 (561) 736-9097 Fax (561 )736-2360 Artil:!tio Diraotor: PQnni GmQnlv February 28,2007 Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 ~~U\7~lQ) FEB Z 8 2007 Re: Southern Dance Theatre, Inc. Site Plan Extension Request PLANNING AND ZONING DEPT. Dear Mike, I have been diligently working to secure a building permit for the project know as the "Southern Dance Theatre". However, it appears that I will not have secured a building permit prior to the expiration of the site plan. Pursuant to Chapter 4 Section 5 of the City of Boynton Beach Land Development Regulations, this letter is our official request for an extension to the site plan for a period of one (1) year to allow me to secure building permits for this project. The following is a list of accomplishments that I feel demonstrates my "good faith" efforts: Initial building application with all necessary data was submitted September 2006. Comments for revisions from the city were forwarded to me in October 2006. . In the past two months, January and February 2007, 1 have just received plans to cover the revisions asked for by the architect, as well as the structural and mechanical. I feel confident that I will have all of the needed plans and data addressing the review from September ready for submission before the end of March 2007 at the latest. Enclosed please find a check in the amount of Five Hundred and 00/100 ($500.00) Dollars made payable to the City of Boynton Beach. Please advise me of all respective dates that this extension request will be heard and before which Boards. If you have any additional questions regarding the extension request, please contact me at the number above. Thank. you very much for your assistance in this matter. Penni A. .Greenly Owner Yrey, , /'''' ,.. // ^ \ ! ./ ~,,//?~~ Encl: As noted EXHIBIT "D" CONDITIONS OF APPROVAL Project name: Southern Dance Theatre File number: SPTE 07-004 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval P 2 age I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S :\Planning\SHARED\ WP\PROJECTS\Southern Dance Theatre\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Southern Dance Theatre APPLICANT'S AGENT: Penni A. Greenly, Managing rv'Jember of Southern Dance Theatre, Inc. APPLICANT'S ADDRESS: 140 N. Congress Avenue, Suite 8B, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until March 21, 2008, for construction of 7,653 square feet of dance studio and 2,347 square feet of retail on a 0.92-acre parcel in the C-3 zoning district. LOCATION OF PROPERTY: 1203 Knuth Road (east side of Knuth Road, approximately 500 feet south of Old Boynton Road). DRAWING(s): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came 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 "D" 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\P ROJ ECTS\Southern Dance Theatre\SPTE 07-004\00 .doc " ---c.."<;,q"~~~lit,j;""",,,,,,~_,,,.<y,_~. Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Ed Breese, Principal Planner, announced the disposition of the following items: >- Jerry's Cigar Lounge - approved by the City Commission >- Estates of Heritage Club - approved by the City Commission Mr. Breese announced the Annual Board Dinner was scheduled for April. He requested the members RSVP if they have not already done so. 6. Old Business None 7. New Business A. Southern Dance Theatre Site Plan Time Extension 1. Project: Agent: Owner: Location: Descri ption: Southern Dance Theatre (SPTE 07-004) Penni A. Greenly, Managing Director Southern Dance Theatre, Inc. 1203 Knuth Road Request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Chair Wische read the request and indicated staff reviewed the item and recommended approval. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. There were no comments from the board on this item. Motion Mr. Cwynar moved approval of the request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Ms. Jaskiewicz seconded the motion that unanimously passed. B. Sausalito Groves Master Plan Modification 1. Project: Agent: Owner: Location: Sausalito Groves (MPMD-07-003) Sausalito Place Homeowners Association, Inc. sausalito Place Homeowners Association, Inc. North side of Gateway Boulevard, just west of Lawrence Road 2 ~\"T:" 0;:,- , / . \. . I '"'0\, ~ /:~(.~ ,- .~ r()0 [x. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) NA TURE OF AGENDA ITEM D Announcements/Presentations ~ City Manager's Report D Administrative D New Business D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Status report on MLK discussions with Intown. EXPLANATION: The staff of the CRA and the City completed the assessment of estimated development costs last month. The information was sent to the Developer bye-mail on March 19th with a revision dated March 23rd. No follow-up meetings have been scheduled pending the review of the information by Intown. Attached please find the information packet sent to the Developer. PROGRAM IMPACT: Pending the results of negotiations with Intown FISCAL IMPACT: (Include Account Number where funds will come from) -- Pending response from developer. ALTERNATIVES: This is an informational item. ~C'M 'S' Ity anager sIgnature Assistant to City Manager ~ Department Head's Signature Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Page ] of 4 Bressner, Kurt From: Bressner, Kurt Sent: Friday, March 23, 2007 8:41 AM To: Taylor, Jerry; Rodriguez, Jose; McCray, Mack; McKoy, Carl; Weiland, Ronald Subject: FW: City Staff Response to Information Items Provided by Intown/TortiGallas Attachments: oledata.mso Latest information See below I'll print up the spreadsheet for you. Kurt Florida has a ve,y broad public records law. Most written communications to orji'om local officials regarding City business are public records available to the public and media upon request. rour e-mail communications may therefore be subiectto public disclosure. From: Bressner, Kurt Sent: Friday, March 23, 2007 8:38 AM To: Bressner, Kurt; 'Jennifer Clynch' Cc: 'Barbara J Rudd'; 'Patrice McGinn'; Byrne, Nancy; Rumpf, Michael; Mazzella, Pete; Livergood, Jeffrey; Boateng, Kofi; Bright, Lisa; 'kevinMcCormack@McCormackBaron,com'; 'Baron, Richard'; 'Plus 2 Communities'; 'Darwin Feuerstein'; Cherof, James; Greene, Quintus; Hawkins, Wilfred; Reardon, Robert; 'Duhy, Tara'; 'Spillias, Kenneth'; Mummert, Bill Subject: RE: City Staff Response to Information Items Provided by Intown{fortiGallas Good morning, After I prepared the spreadsheet data and sent it out on March 19th, I received supplemental information from the CRA as to land costs. This is now reflected in the attached revision. I apologize for the change in the numbers. Kurt Bressner City Manager The recap is as follows: 3/23/2007 Page 2 of 4 -.-.......1- _.....__....... . .. ...._M~rgh_1J3J.fQC \Revised 'M arc h 23, 20( .............. .... .!..-....................-... . ...... ........... ! , ... . ...............--.---t-..... --.......................,..-.--..... .... ..... .--.....--. ..... j . ' - ............ .~..pJJis..~__L.._... . p..i}i~e~.2.=~=I~i1~~~..:i~:-......_-7T o-taL~~.=~~_=== $4,235,335; $ t $ -. $4 ,235 ,3~ _ ... ......-... ..--....-,-.... ......... .... .... ...... .--.. f...-..........-.....-----......- ....-...-.... ..-... ...............-.-.-. . .1 .:2. L!i~Q,QQO.. 1.. ~ ...1 1~:2LL5_Q Q J_$_.....J.J~A.9...L9.~~L !._.._...$..Q.,:2.f.!.LE $ ...... i $ 24 ,.96~,5.E~__LL}q,Ql.L~g?_ _.......$5.!LQ98..~E $1 842 047' $ -! $ - i $1 842 O.l _ .....~=.~j]:.4~5:943!~~.)~..:564~,~[~~[....-...~~I,3?:?'.:~I[~=.=....-...~~If)~f8.:QJ $ 7 584 144 i $15 305 457 ! $ 13345 606 i $36 235 2C :~_..,,""._,_.,"_, ..,.J....,_._~_.,.~~.."l...~.""...._,_....",'___._.__.,._.,"'..."_.._J.".__~.._.t___~...~_"_,.___."'_m__.__.~_l___.=::.J_._;....._..~____u_,_________,__._J.._HH_J.'_ $ 470 337 \ $ 940 674 I $ 828 689 ' $2 239 7C _.___.._.,__.___",'_.___M.___' ^ ___.->___o,..J...-",,_,_... ~"--r"'.- _"__,..~w.___......._,..M___..,L.,_.m ,.,__.,~.___.M,"__m_H'___._,____.__.l_.__.._"__.~__.'"._,_,~"'_'_._""'_'.".'" .w,..~._..~..*,.._L....J ..___._...1._. ; t : ...-..---......'--" ........._....._._~._-_.._...._~.,-_.._._-_....._..--!.._......._.-._...---oo.,--..--.-------.-- ... ..__...c_..$:20,19Z.8Q6Ll~1 ,IQ.5,QJ~L...$~QL~~O.,Q.:2~...._.._.$J1f,:2?2L~_.l 5 ell ere !lit.\ti!l.I:'JI~.~o~t.B..~c:..I:!!P..... "Pre 'ared b Bo nton Be ach C Staff St reet 1m rove me nt s ..:::;.tJrfca c eEa. rki n 9 Lr::np r_OI/l3.r:n~.n..ts.... Oecke d Parkin ImpnJ..\!.l3rT'lerlts U..tjlity. Jmp_rQY.~m.e Perm it Fee Cost Waive rs Land Costs~ .....""...........~--..,,-.,.,-,....~,.._,- La.~Q ,tl,ppraisalsJQo..urtQos..Js...... Tota I ..--.....-f4.i r -- .-. -......-....... .....-5-:-31 ....- ......-.---..-..-2~: $j,5.1..7..,~I~I...._=:.$I,$-o~~~~$]....... '~=.~~I:~-$I:'fc r - ~,,4....~._. .- , ,tl,cresj)erE hase':.. Cost Per Acre ~~ .. "'f"-" ,L...._, Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Bressner, Kurt Sent: Monday, March 19, 2007 10:44 AM To: 'Jennifer Clynch' Cc: Barbara J Rudd; Patrice McGinn; Byrne, Nancy; Rumpf, Michael; Mazzella, Pete; Livergood, Jeffrey; Boateng, Kofi; Bright, Lisa; kevinMcCormack@McCormackBaron.com; Baron, Richard; Plus 2 Communities; Darwin Feuerstein; Cherof, James; Greene, Quintus; Hawkins, Wilfred; Reardon, Robert; 'Duhy, Tara'; 'Spillias, Kenneth'; Mummert, Bill Subject: City Staff Response to Information Items Provided by IntownfTortiGallas Good morning, As a follow-up to materials received to date, City staff has prepared an analysis of projected costs to develop the 26-acre parcel of property bounded on the west by Seacrest, on the north by NE 11th Avenue, on the south by NE 9th Avenue and the east by the FEC RR. This is the project area that was subject to the RFP response by Intown Partners LLC last August 2006. Subsequent to the last negotiation session on February 16, 2007, the staff has requested and reviewed information provided by the CRA and the developer as to: 1. Phasing of the development. 2. Estimated square footage and type of building uses including bedroom mix and height. 3. Projected land values 4. Impervious vs. pervious surface area in the projected development area. 5. Parking demands by phase of development. This information was provided to the City over the past three weeks with the latest information provided by the developer on March 14th. 3/23/2007 Page 3 of4 Copies of the response e-mails are included as attachments to this report. Staff has completed the analysis of non building construction costs and I have included a composite spreadsheet that includes the following components: 1. Summary of Costs 2. Street and Parking Cost Estimates 3. Land Acquisition Cost Estimates 4. Water, Sewer and Storm Drainage Cost Estimates 5. City, County and State Development Fee Costs The following is a table showing the recap of costs: (This is the first worksheet in the spreadsheet attached). S.I!IIc:re!llit \I'm- 9 eCI)!lIitRI!C:1I P Prepared by Boynton Beach City Staff March 18,2007 Phase 1 Pha se 2 Phase3 Total Street 1m provem ents $4,235,335 $ $ $4 ,235 ,335 Surface Parkinq Improvements $ 2,550,000 $ 1,827,500 $ 1.846.689 $6,224 J 89 Deck ed Parking 1m provem ents $ $24,066,563 $ 30,031,805 $54,098,367 Utility Jm provem ents $1,842,Q47 $ $ $1,842.047 Permit Fee Cost Waivers $3,485,943 $9,564 ,826 $4 ,327 .235 $17,378,003 Land Costs* $ 4,007,663 $13,358,875 $ 9,351,213 $26,717,750 Total $16,120,987 $48,817,763 $45,556,941 $110,495,691 Acre S pe r P has e* 6.27 14.7 5.3 26.27 Cost Per Acre - $2,571,130 $3 ,320 ,936 $8,595 ,649 $4,206,155 Not e s: * Per PhasinqPlan Received from Intown dated March 2. 2007 - Cost Per Acre Does NOT include building construction costs, marketing, profit or on-site storm water detention co nst ruction. Informationon site use contained in e-mails fromTorti Gallas dated March 5. 2007 and March 14,2007 For a breakdown of Residential, Commercial and Institutional Uses Please see Seacrest Villaqe Report Dated March 5,2005 as prepared by Torti Gallas and Partners. For a map showing the location of the three phases see the aerial from Torti Gallas and Partners dated March 2, 2007 The next step as I see it is for the developer to take this data and update their pro-forma in anticipation of finalizing their request for financial support of the City and the CRA. I would appreciate the opportunity to review the pro-forma in advance of our next negotiation session. On behalf of the City staff, I appreciate the assistance of Jennifer Clynch of Torti Gallas in obtaining the information requested. In order for the City to provide this information, we needed a lot of data from the developer's planning consultant. 3/23/2007 Page 4 of4 I also appreciate the hard work of Nancy Byrne, Pete Mazzella, Mike Rumpf and Jeff Livergood in preparing the City's response. Kurt Bressner City Manager ------- -------------------- ---- ----------------- Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may ther~rore be subject to public disclosure, 3/23/2007 1'-1'- 00 00 NN CO C") ......N .!: .!: l) l) ..... ..... Cll Cll ~~ '0 (i) (Jl '> (i) 0:: ll= Cll 2i5 i?:' c..U l'll.!: (.) l) Q) Cll c:: (i) "'CO ~ c: u.8 Q) c: 0)>- l'll 0 _CO >~ "''0 III (i) ~ ..... (.) Cll l'll 0. Q) E:! CJ)o.. Ul en o l) '0 c: 1!! '0 (i) (Jl "> (i) ..... ....... 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Cl c: '2 o N N U - " c: !.3 ..... c: r3 l1:J > 1 is l ~ ~ ~ .!:!l ,~ ~ ~ ftj lO' oW ~ .5 ~ t1~ cu 0 QJ ~ ~ "6 ~ lJ) ~ QJ ~ 8 ll- ll- Seacrest Village Cost Estimate - Streets and Parking March 15, 2007 Item Quantity Unit Unit Price Total Cost Excavation 10000 C.Y. 30 $300,000 Curb and Gutter 16400 L.F. 25 $410,000 Bituminous Pavement 2600 Ton 125 $325,000 Subbase 30100 S,Y. 9 $270,900 Pavement Markings 11000 L.F. 2 $16,500 Letters and Symbols 1 L.S. 7500 $7,500 Lighting Cond / Cable 9000 L.F, 12 $108,000 Poles and Fnd. 45 Ea. 4000 $180,000 Sidewalk, 4 in. 4500 S.Y. 50 $225,000 Driveway Restoration 500 S,Y. 75 $37,500 Inlets 40 Ea. 3500 $140,000 Manholes 30 Ea. 4500 $135,000 Drainage Pipe, various 12000 L.F. 75 $900,000 Sod 1 L,S. 15000 $15,000 Trees 150 Ea. 500 $75,000 Traffic Control 1 L.S, 75000 $75,000 Street Signs 50 Ea. 250 $12,500 MLK FEC RR crossing 1 Ea. 400000 $400,000 Fiber Optic Relocation 1 L.S. 50000 $50,000 $3,682,900 15% Contingency $552,435 Total Expense $4,235,335 Estimates assume MLK as three-lane configuration, Estimates assume 11th and 9th as 22' wide configuration with curb/gutter, sidewalks Note: This estimate contemplates standard sidewalk and lighting. No decorative elements for lighting or concrete paver stones have been considered, To consider decorative features, one must add approximately $750,000 to the above cost. Parking Cost Estimates (Per TortiGallas E-mail of March 14,2007) Decked Unit Cost Surface Unit Cost Spaces Cost/Space Spaces w/lights Cost/Space Phase 1 o $ 22,500 $ 300 $ 8,500 $ 2,550,000 Phase 2 995 $ 24,188 $ 24,066,563 200 $ 9,138 $ 1,827,500 Phase 3 1155 $ 26,002 $ 30,031,805 188 $ 9,823 $ 1,846,689 Total 2150 $ 54,098,367 688 $ 6,224,189 J!l c: ell E ell > o a. .5 l!! .a '" :s If) ~ ~ .E ~ :5 "tl ell 1; C. :~ c <C 0880 .0 LO 0 0 W><~~~O~- to(ONtO ~~~W ~ ;0000 CCOOOO ~~~~~ C1 ell '" '1: c.0 LO _l'-tO '2 ::;) ~u.:~u.:u.: ::;) _i..i.J -i G> Cl ~ :> - If) l!! 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'1; ct ;;; lfi. :fl E. b ID ~ Q) E .~ .~ 'a3 .5 t;~~~=~~~ ~""':N(,,")~.o(C"-': ~qY~T2~C East Side-West S'lde-Seas'lde Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April! 0, 2006 Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: l\1LK Corridor Update SUMMARY: It remains the last negotiation meeting was held on February 16,2007 as well as the City/CRA response to the development agreement was sent to the InTown Partners on February 28, 2007. To date, no additional negotiation meetings have been set and/or no written reply to the City/CRA on the comments to agreement. The City Manager sent an email on March 31, 2007 to InTown Partners requesting a response to the agreement and consideration to set a negotiation meeting for April. As a side note, owners of property within the corridor have been contacting the CRA with regard to selling their property. Staff continues to refer them to the developer. FISCAL Il\1P ACT: None. RECOMl\1ENDA TIONS: None. Cv a Bright, Executive Dir TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetlngs\07 04 10 CRA Board meeting. April\MLK Update.doc C( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX.-CITY MANAGER'S REPORT ITEM B. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 Ju]y ] 7,2007 July 2, 2007 (Noon) 0 June 5, 2007 May ]4,2007 (Noon) 0 August 7, 2007 Ju]y ]6,2007 (Noon) 0 Announcements/Presentations ~ 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 RECOMMENDATION: At the request of a member of the Commission, provide a status update on the Boynton Beach American Assembly implementation process. EXPLANATION: The "BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE" was held on October 20 and 21, 2006 at Hutchinson Island Marriott Beach Resort, Hutchinson Island, Florida and engaged over 70 citizens on the framework of a multi-year strategic plan for Boynton Beach. This effort was a sequel to the "Visions 20/20" effort in 1996. The assembly's purpose was to establish a shared vision for the future of Boynton Beach and policy recommendations for moving the City toward that goal. The result of the assembly was a policy statement and implementation outline document. As part of the implementation process the Boynton Beach City Commission appointed five (5) citizens to function as an Implementation Team, and established five (5) sub-committees. Those sub-committees are l)Community Relations, 2)Public Communications and Governance, 3)Neighborhood Revitalization, Affordable Housing, Business Development and Retention, 4)Infrastructure and 5)Education. PROGRAM IMPACT: The Implementation Team has been meeting monthly on a regular basis since January 2007. From the original policy statement and implementation outline document, they have created an implementation "Sub-Committee Assignments" document that list Action Items with brief explanations for each sub-committee (Exhibit A). Applications for committee participants had been publicized and distributed, and on April 12, 2007, the Implementation Team had enough volunteers in the talent bank to fill the committee memberships. Notification letters are in the process of being mailed to all sub-committee appointees (Exhibit B). A city staff member for each sub-committee will be appointed by the City Manager. The first meeting of the sub-committees will be a Welcome Reception held at the Madsen Center on April 30, 2007 at 6:30 p.m. The Implementation Team will discuss the goals and objectives of the sub-committees, the reporting function, and answer any questions. Members of the City Commission are invited to attend. ~" Assistant to City Manager ~ FISCAL IMPACT: NIA AL TERNA TIVES: Not provide update. Department Head's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney 1 Finance EXHIBIT A Boynton Beach Assembly 2007 Sub-Committee Assignments Taken from Policy Statement Document. The five sub-committees as established January 2007 and their responsibilities are as follows: I. COMMUNITY RELATIONS - To address cultural diversity and race relations. External partners could be TMPU, United Way, Community Foundation of Palm Beach, etc. This should also include community events. AssiQnments for Community Relations: Action Item: Identify means by which the citizenry and its leaders may foster a sense of community and common purpose, unite on critical issues, and marshal their resources to take advantage of the City's strengths and address its weaknesses. Action Item: Identify any perceived divisions (geographically, economically, age-wise, ethnically and racially) and develop recommendations to promote greater unity. Action Item: Create spaces, events, and forums for collaboration and interaction. a. Boynton Beach is a "city of varied cultures." Develop a plan for continuinQ to hold and expandinQ upon events that celebrate this diversity. b. Boynton Beach has competing centers scattered around the City. Identify and develop strateQies for promotinQ particular areas as 1 the city-center. the cultural center. library. and recreation facilities. c. Develop ideas and identify partners for a siQnature event that hiQhliQhts the City's character and successes. Action Item: Evaluate the establishment of a Community Events Commission as a citizen-based organization to guide development and timing of special events that are inclusive and representative of the multi- cultural heritage of Boynton Beach. II. PUBLIC COMMUNICATIONS AND GOVERNANCE - This includes improving the mission and effectiveness of advisory boards, outreach efforts of the City and public information and communication. AssiQnments for Public Communications and Governance: Political divisions are inevitable in a large, diverse, South Florida city, but in Boynton Beach they are exacerbated by the fact that single-member districts for City Commissioners may foster parochialism among Commissioners and citizens alike. City Commissioners try to represent the whole City, but they are inevitably focused on the districts from which they are elected. Their constituents often tend to follow suit because, for good reasons, citizens are encouraged to take their issues to the commissioner from their district. Action Item: Identify the extent of any perceived divisions created by single member districts and develop strategies for minimizing these divisions. Action Item: Evaluate the pros and cons of single member districts and make recommendations to alternative structures. 2 Encourage the most qualified individuals to seek election to the Commission, and allow the Commissioners to devote the time necessary to properly carry out their duties, by raising the salaries of the Commissioners and Mayor. Action Item: Evaluate the pros and cons of full-time versus part-time Commissioners and what level of salary would be appropriate for each, along with comparing salaries to those of other municipalities. Take the City to the community. Encourage Commissioners and other City officials to attend community meetings to inform citizens of City goals and other news. Promote cohesion within the City government. (Action item or is this for city staff? If for staff, should this be pulled out of this document?) a. Develop a plan for holding semi-annual goal-setting and brainstorming sessions. b. Establish clear goals and objectives for advisory boards, and suggest means for holding them accountable. c. Establish a training program for advisory board members to give them a city-wide perspective. Augment the City's public information activities. (If for staff, should this be pulled out of this document?) a. Publish information about City decision-making processes. 3 b. Establish a central call center to notify citizens of upcoming meetings, openings on advisory boards, etc. c. Convey information through faith-based institutions. d. Publicize, translate, and broaden the distribution of the City Services Guide. III. NEIGHBORHOOD REVITALIZATION, AFFORDABLE HOUSING, BUSINESS DEVELOPMENT AND RETENTION - A broad-based initiative for coordinating with other agencies such as the Business Development Board, the CRA, the development community and various governmental entities to improve Boynton Beach. AssiQnments for NeiQhborhood Revitalization. Affordable HousinQ. Business Development and Retention: Action Item: Develop strategies to allow the city to continue to attract a mix of high-value industrial, commercial, and residential development that will strengthen the tax base and generate good jobs for residents without adversely affecting the City's neighborhoods and community character. Action Item: Economic development activities within the City administration should be evaluated and reorganized, as follows: a. Develop recommendations and parameters for hiring an Economic Development Director and staff who will be able to craft an Economic development program in cooperation with other agencies. b. Consider options for seeking cost-sharing for this office from outside entities. 4 c. Assign this Program responsibility for: I. Identifying the types of businesses and industries that Boynton should try to attract. ii. Breaking the City into zones or quadrants, and tailoring economic development strategies to each zone. III. Working with the Business Development Board of Palm Beach County, the CRA, and others to identify and/or develop incentives for businesses to locate in Boynton Beach. iv. Developing incentives and support services to help businesses stay in Boynton Beach. v. Encouraging the development of and serving as liaison with multiple merchant associations throughout the City. The City's political and administrative leadership should identify and take advantage of key land uses and other assets. Action Item: Develop Strategies for: a. Preserving and marketing the industrial land in the Boynton Beach. b. Leveraging the value of the 600 feet of waterfront property to include revenue-generating boat slips in Intracoastal Park. c. Creating an attraction to draw consumers to the downtown. 5 While focusing on particular assets and targets of opportunity, the City should take steps to improve the community's overall appearance and safety . Action Item: a. Develop strategies for encouraging community involvement in neighborhood refurbishment to promote community pride. b. Develop a tactical plan to focus and coordinate police and code enforcement on locations and businesses that attract or contribute to crime. These crime nodes might include liquor stores, abandoned properties, etc. Action Item: Evaluate the program of providing grants for homeowners to improve their property. Affordable housing is important to economic development, but the high cost of housing is a nationwide problem. While recognizing that there are limits to what Boynton Beach can do to reduce housing costs locally, the Committee should: Action Item: Develop and present available options to increase the availability of affordable housing in Boynton Beach. Action Item: Evaluate incentives to developers for building affordable housing. Action Item: Identify opportunities to coordinate with state and county affordable-housing agencies. 6 IV. INFRASTRUCTURE - Public buildings, facilities and utilities are an integral part of this work. Traffic issues were a substantial item of discussion also, so much that the Assembly recommended that the City hire a traffic planner. Parks and Recreation can be folded into this group since the Assembly acknowledged that the master planning efforts of the City were good. AssiQnments for Infrastructure: Boynton Beach, like many other older municipalities in South Florida, faces a dual challenge: repairing or replacing aging infrastructure that is decaying, outdated, or inadequate to keep up with the demands of a growing population and providing services and facilities for new residential and commercial development. Planning efforts, funding, and human resources must be carefully balanced if the City is to succeed on both fronts. Inform the public that the City's infrastructure is aging and significant investments will soon be needed. Action Item: Suggest ways the public can be kept informed of infrastructure needs and improvements. Water. (Resource Information) In general, Boynton Beach is doing a very good job in dealing with water issues. The City is addressing potable water demands to assure that the City has adequate supplies through 2025. However, the City does face two issues involving wastewater treatment and disposal that must eventually be resolved. Boynton Beach will eventually be prohibited from pumping wastewater offshore at the present location. Boynton Beach and Delray Beach must work together to find alternatives to ocean outfall from the communities' 7 wastewater treatment plant. The two cities' wastewater will either have to be pumped further out from shore, injected into deep wells, reused, or a combination thereof. All options will be expensive. The South Florida Water Management District, as part of the City's water consumptive use permit, is calling on Boynton Beach to increase wastewater reuse for irrigation. This requirement is not unique to Boynton Beach. The main expense here is for the pipes to distribute the recycled water and to provide storage facilities for the recycled water until it can be used for non-potable purposes. Roads. The majority of roads leading into and within the limits of Boynton Beach fall under the jurisdiction of the State of Florida and Palm Beach County. The City's Division of Roads and Streets is responsible for asphalt and concrete restoration, street sweeping, bridge restoration and guardrails, filling potholes, repairing road edges, and replacing street signs. Action Item: Evaluate the hiring of an urban planner with expertise in transportation, parking, intermodal transfers, and the like. A person with these skills is needed to study and document transportation issues in Boynton Beach, and to negotiate with state agencies, the County, and other municipalities. Action Item: Evaluate where the streetscape program can and should be expanded to support the economic-development requirements 8 discussed above. The plans should assure adequate capital funding for maintenance of pavements, sidewalks, streetlights, and landscaping. When City-maintained roads are reconstructed, community involvement should be solicited so that the work considers community needs and preferences. Collector roads should be the priority. The City should work with Palm Beach County to optimize traffic signal timing coordination. Public Transportation. Palm Tran, Tri-Rail, and other public transportation services are a valuable resource for those seeking an alternative to driving or who do not have access to an automobile. Action Item: The Committee should develop strategies to encourage Palm Tran to consider adding an east west connection on Boynton Beach Boulevard from State Road 7 to the beaches. It could be partially self-supporting through fees from riders. Action Item: Develop strategies for expanding the trolley system, which is currently supported by the CRA. Action Item: Evaluate the expansion of the Shopper Hopper and the publicizing of its connections. 9 Action Item: Evaluate the establishment of a municipal parking authority and the creation of parking facilities that satisfy local parking demand and function as transportation hubs. Action Item: Evaluate means of developing support for a dedicated funding source for regional transit. Parks and Recreation. Well-maintained and conveniently located parks and recreational facilities make a significant contribution to the quality of life within a city. a. The City does a very good job of maintaining its existing parks and recreational facilities. The current advisory board is functioning well, and the staff are competent and proactive. b. Community involvement can be encouraged by holding functions and public meetings in Boynton Beach parks. Action Item: Study the feasibility of a beach and parks assessment. Action Item: Evaluate the expansion of the greenway system and its connectivity. While focusing on particular assets and targets of opportunity, the City should take steps to improve the community's overall appearance and safety. To improve safety, suggest ways to improve infrastructure and expand street lighting to all intersections, hazardous locations, and to high crime areas identified by the Police Department. 10 Action Item: To improve appearance, suggest ways to: a. Improve and maintain the City's streetscapes and lobby the County to assume responsibility for funding streetscaping of all of the county roads in the City. b. Encourage outside agencies and corporations (FPL, Bell South, Palm Tran, etc.) to complete repairs and clean up their debris. c. Improve bus stops. d. Provide more trash containers. e. Enforce cleanup of construction sites. V. EDUCATION - A broad-based approach for education and youth oriented services. Again, there was a recommendation that the City hire a staff education liaison to the schools. AssiQnments for Education: The quality of local schools and other educational facilities and services is an important consideration in where people choose to work and live. This means that schools have a major impact on economic development. Action Item: Suggest ways that communication between the City and the school district needs to be improved. The City Commission should meet with the School Board of Palm Beach County on a regular basis and make it a priority to work on improving the reputation, quality, and facilities of public 11 schools in Boynton Beach. Consideration should also be given to establishing a City position to serve as a liaison between the City Commission and the School Board of Palm Beach County. Action Item: Suggest ways to encourage all sectors of the community to re- evaluate their level of support and commitment to the schools within the City. The disparity between the enrollments of Boynton Beach High School and Park Vista High School will be addressed next year by adjusting school boundaries. The Boynton Beach community needs to start speaking out now about its interest in this decision. Action Item: Evaluate the quality of translation services for children who speak English as a second language. Action Item: Suggest ways to encourage community organizations, including the Greater Boynton Beach Chamber of Commerce, to increase its involvement in all grade levels in the City's schools. Action Item: Develop strategies to encourage involvement by parents and other stakeholders which can spur improvements in school performance and student achievement. Moreover, the City, through its Office of Public Affairs, should include information about Boynton Beach schools in its community newsletter and other public communications. 12 Action Item: Promote the booster club for Boynton Beach High School. Action Item: Develop strategies for: a. Creating a Youth Center to draw children from the streets and involve them in constructive activities; b. Trying to attract a Boys and Girls Club to Boynton Beach; and c. Seeking funding for before- and after-school care, camp programs, and programs for the handicapped. d. Creating a task force with representation including but not limited to the City Commission, Police Department, Recreation and Parks, Education and Youth Advisory Board, the School Board of Palm Beach County, a teacher, and the head of the Boynton Beach High School Student Government to study, evaluate, and implement procedures to reduce drop-out rates, crime, and delinquency. This would make 5 sub-committees made up of one staff member with voting power and four, six or eight citizen members. The Implementation Team is responsible for appointing the members of the 5 sub-committees. Revision 04/12/07 DC S:\City Mgr\Administration\AMERICAN ASSEMBLY 2006\Implementation Team\Five Sub-Comm Tasks Rev 2.doc 13 m ~ - m - ::I: >< ... Q) w ..., tn 0 ~ Q) Q) ..., ..., .- E E 0 0 I .c ~ en c: 0 +:i CO ..., c: Q) E Q) - Q, E . . ~ - .c E Q) tn tn <( c: Q) CO CJ' (.) c' .L: ca' Q) E <( J: (.) CO Q) m c: 0 ..., c: ~ 0 m ~\1'~O"" ,. ; \. i . ~; \pt .}= 0\' /~0 ~'~.''''-,~, ...r'// \ '. _~v "'0 V CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL - 2nd Reading Non-Development ITEM B.1 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 ~ April 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal 2nd Read D Code Compliance & Legal Settlements 0 Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve on second reading Ordinance No. 07--I'ertaining to Lobbyist Regulations providing for title, purpose, definitions, registration, record of lobbying contacts, cone of silence, enforcement and penalties, and repeal of laws in conflict. EXPLANA TION: The City of Boynton Beach determines that its citizens must be accorded access to City Officials at all levels of government, and in order to preserve and maintain the integrity of governmental process, it is necessary that the identity and activities of those who regularly engage in efforts to persuade public officials be regularly disclosed to the public, Limiting communication among potential vendors, their representatives, and government officials during the City's procurement process will provide for the continued integrity of the process. The City is authorized by the Florida Constitution, the Laws of Florida, and the Palm Beach County Home Rule Charter to impose such laws as are needed to carry on city government. The Boynton Beach Lobbyist Registration Ordinance will serve the interests of its citizens by preserving and maintaining its policy of open government. PROGRAM IMP ACT: Adopting this ordinance would require lobbyists to submit completed registration forms to the City before engaging in lobbyist activities. A "Lobbyist" is defined as any person who is employed and receives payment, or who contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal. "Lobbying" means seeking to influence the decision of any Commissioner, any Advisory Board member, or any employee with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to an Advisory Board or City Commission, Should the City of Boynton Beach decide to adopt this ordinance, local lobbyists would be identified and expected to adhere to a documented process and procedure, FISCAL IMP ACT: There are no costs associated with the Lobbyist Registration Ordinance, AL TERNA TIVES: Not to approve a Local Lobbyist Registration Ordinance, Department Head's Signature Ci Manager's Signature Assistant to City Manager C~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC [x. - CITY MANAGER'S ~EPORT ITEM C 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 ~ April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements D Public Hearing ~ City Manager's Report D New Business D Legal D Unfinished Business D RECOMMENDA TION: Continued Review of Property Tax Proposals EXPLANATION: As a follow-up to discussion by the City Commission on March 20th, the City prepared and distributed a "White Paper" on property tax reform to the Palm Beach County Legislative Delegation, Palm Beach County League of Cities, Chamber of Commerce and the Governor's Office. The White Paper is attached as Exhibit A. To date, the City has received some favorable comments from individual members of the House and the Senate. In addition, the Boynton Beach Chamber of Commerce has reviewed the proposal and has recommended that the business sector and real estate industry take a look at our approach (Exhibit B). Unlike the four proposals (two for the House and one for the Senate and one from the Governor), no constitutional amendment is needed. Attached as Exhibit C please find a summary of the four basic proposals as prepared by the Florida Chamber of Commerce. The column in the Florida Chamber sheet called "Senate Republicans" is in fact, the bipartisan proposal released by the Senate on April 12th. Attached as Exhibit D1 - D5 is a detailed summary of the financial impact of the two House proposals, the Senate proposal and two variations of the Boynton Beach Proposal. (Five-Year historical taxable value averaging and a Three-Year taxable value averaging program that will eventually become a five-year program - three years historic with the 2007 and 2008 values included into the averaging). Interestingly, the per capita tax burden in Florida is 36th out of 50 states including property taxes. (Exhibit E) PROGRAM IMPACT: All options, including the Boynton Beach proposals will result in revenue loss to the City of Boynton Beach. This will need to be made up in expenditure reduction and program modifications (level of service) as policy direction from the City Commission. A summary of the cost impact for all the known programs is as follows: Property Tax Reform Impact Matrix Revised City &CRA CRA Only City Only Tax Revenue Revenue Revenue Rate Loss Loss Loss Proposal 2006-07 2006-07 2006-07 House Version Rollback to 2000-01 4.8090 $ 12,343,758 $ 1,870,749 $ 10,473,009 House Version Rollback to 2003-04 5.0500 $ 11,045,267 $ 1,673,957 $ 9,371,310 Senate Verson Rollback to 2005-06 5.8652 $ 6,653,022 $ 1,008,294 $ 5,644,728 BB Proposal w/5 Year Tax Value Ave. 7.1 000 $ 8,880,840 $ 2,482,008 $ 6,398,832 BB Proposal w/3 Year Tax Value Ave. 7.1 000 $ 6,108,016 $ 1,700,296 $ 4,407,720 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The main element of the Governor's proposal released to date is the increase of the homestead exemption from $25,000 to $50,000. This will cost the City $3.1 M. This is over and above the costs listed in the five options above. In addition to the above, staff has reviewed unfunded mandates to the City. These are program, material and staff expenses to the City that are required but not funded by the State of Florida. In the past, the State Legislature has routinely approved legislation of impact to Cities and Counties that increased our cost of compliance without providing funds. A report on unfunded mandates will be distributed at the City Commission Meeting. FISCAL IMPACT: (Include Account Number where funds will come from) -- See above ALTERNATIVES: Legislature. Cease advocacy of property tax legislation alternatives and accept whatever comes from the Department Head's Signature -~~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The Citl} 01 Bol}nton Beach. Exhibit" A" OFFICE OF THE CITY COMMISSION Mayor Gerald Taylor Vice Mayor Jose A. Rodriguez Commissioner Mack McCray Commissioner Car! McKoy Commissioner Ronald Weiland 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 www.boynton-beach.org March 30, 2007 THE FOllOWING lETTER WAS SENT TO THE PBC lEGISLATIVE DELEGATION During Palm Beach County Days, we were urged by members of the legislature to be open to new ideas and to offer some of our own. On March 20, 2007 the City Commission approved a six-point program related to property assessments and property taxes. We don't believe that the "Save our Homes" provisions are easily changed so our proposal works within the framework of the existing rules. I am attaching a report prepared by City staff based on our policy direction. The bottom line on our idea is to reformulate slightly how property values are reported in the form of taxable value. We are proposing that all taxable property be based on the average of the past five years of taxable value rather than a year-by-year approach. This provides a way to "smooth" the impact of an increase in the taxable value of a property in any given year and it also provides a built-in portability without changing the "Save our Homes" provisions. In the event that the assessors state-wide cannot report historic taxable value over a five year period, the program can be phased in using the average of the past three years, the first year, the average of four years the second year and the full five-year average in the third year. Coupled with statutory changes on how property is assessed for taxes (highest and best use vs. current use) would contribute to moderating property value increases over time. Finally, our recommendations do take issue with the idea of rolling back the taxes to 2000- 01 or 2003-04 or the recent 2006 proposal. We suggest that if there is to be a limitation, it be based on the current 2007 year and allow local jurisdictions to approve a tax rate in excess of the roll-back rate if the elected policy makers determine, by an extra-ordinary -2- vote that the city or county chooses a level of service that results in a need for higher property taxes. Thereafter, the roll-back rate with appropriate provisions for real growth and inflation would be the default tax rate only to be changed by extra-ordinary (not unanimous) vote of the elected officials of the City or County. You have asked cities and counties to come up with ideas and we hope that you will consider what Boynton Beach has to offer in this dialog. Sincerely, Jerry Taylor Mayor C: City Commission Kurt Bressner, City Manager Palm Beach County League of Cities Palm Beach County Board of County Commissioners AMERICA '8 GATEWA Y TO THE GULF8TREAM Re~resentative Mary Brandenburg 891 District Re~resentative Adam Hasner 8i District Re~resentative Richard Machek 781 District Representative Carl Domino 83rd District Re~resentative Priscilla Ann Taylor 84 I District Re~resentative Maria Sachs 861 District Re~resentative Susan Bucher 881 District Re~resentative Kelly Skidmore 901 District Re~resentative Shelley Vana 851 District Representative Ellyn Bogdanoff 91 sl District Representative William Snyder 82nd District Senate President Ken Pruitt District 28 Senator Jeffrey Atwater 251h District Senator Dave Aronberg 271h District Senator Mandy Dawson 291h District Senator Ted Deutch 30lh District 1b.e Citg 01 Boynton Beach OFFICE OF THE CJ7Y MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: bressnerk@ci.boynton-beach.fI.us www.boynton-beach.org City of Boynton Beach White Paper on Property Assessment and the Property Tax Issue March 27, 2007 Prepared by Kurt Bressner City Manager On Behalf of the City Commission of the City of Boynton Beach, Florida Introduction: The City of Boynton Beach has been watching and commenting on the various property tax proposals being considered in the Legislature. In our opinion, the emphasis for any property tax reform needs to be based on a realistic assumption that the "Save Our Homes" Constitutional Amendment is not going away. This program has shifted the burden of property tax costs away from owner-occupied residents who claim their home as their primary residence to renters, businesses and part-time residents. Given the reality that "Save Our Homes" is not likely to be eliminated the City has looked at several ideas starting with the property assessment practices. Our approach is to work with this as a given and focus on what can be done to provide better equity across all classes of taxable property in Florida. At its meeting of March 20,2007, the Boynton Beach City Commission endorsed the following six basic property tax and property assessment ideas. The City Commission reviewed these items because cities should be part of the solution and offer suggestions for improvement. This letter, however will focus on points 5 and 6 from the list because we think that these two points may offer promise to break the logjam in the debate on property tax and shift the focus to the real dilemma - there are two classes of taxable property in Florida - protected and not-protected. Our proposal provides a means of protection and portability to all taxable property. The Six Basic Points The six basic points addressed by the Boynton Beach City Commission on March 20, 2007 were: 1. Base future property tax legislation on the 2007 base and not on a rollback formula, as this will adversely affect delivery of City services. Tax limitation legislation using the 2007 base must provide a cap methodology that requires extra-ordinary votes to go above the cap. The annual cap should be adjusted based on a logical formula, not just the CPI. The level of service decisions in a community must be vested in the hands of local elected officials. In Boynton Beach's case, our Public Safety costs have exceeded the total receipt of property tax revenue since 2000. This is by choice because we choose to provide this level of service. If the desire is to increase the rate of taxation for residents beyond a certain limitation, this should be allowed by an extra-ordinary vote. In our case, this would require the affirmative vote of four of five elected members of the City Commission. 2. Provide a two-year phase-in of the increase in the homestead exemption from $25,000 to $50,000. This year the exemption would be to $37,500 and the second year to $50,000. The financial impact on Boynton Beach would be a revenue loss of$3.1M. It would be painful, but we could address this over a two-year period, if needed. This would be about $1.6M in cuts for each of the next two years. 3. Endorse legislation for changing the assessment practice from "highest and best use" to current use. While this will have an undetermined negative impact on the City's taxable value, the current practice of basing property value on speculation of what a property would be worth if it were developed is unfair and should be changed. 4. Resist the concept of sales tax increases to serve as replacement revenue. This is a revenue stream that is closely impacted by the economy. In addition, such replacement revenue could be subject to annual appropriation by the legislature and therefore not guaranteed. This year, as we understand it, the state budget shortfall is approximately $1 Billion due to a drop in sales tax revenues and reduction of document stamp revenues because a very slow real estate market. Increasing the sales tax by 2.5% or two I % adjustments merely adds to an already regressive tax that impacts lower income families' more than upper income families. 5. Work with others to support a possible change in how property values are assessed over time and how taxable properties are reported. We believe a methodology of reporting assessment information that smooths the taxable value is essential for all classes of property. 6. Leave the "Save our Homes" but perhaps allow deployment of smoothing of taxable value to help those who choose to upgrade or downsize their principal place of residence. This could have the impact of a built-in portability mechanism. Our Recommendation to Reduce the Inequity of Property Assessment Practices, Keep the Save Our Homes Constitutional Amendment and Provide a Means of Portability For All Taxable Property Specific to points #5 and #6 above we, offer the following basic scenario for all taxable property in the state: a. Each parcel should have reported taxable value based on the average taxable value of the property over the past five years. For property currently covered under the "Save Our Homes" amendment, this would have a negligible downward impact on the taxable value for the property as the statutory "the lesser of3% or the CPI" would still apply but the averaged or "smoothed" value of these properties would be somewhat less. The impact to taxing bodies would be less taxable value being applied from this class of properties as compared with other properties not protected under "Save Our Homes." For commercial, industrial, rental and part-time residential property, the impact of this change would buffer the sharp annual increases in taxable value by averaging the prior four years with the new taxable value coming out in a given year. In this instance, a five-year smoothing would help slow down the increase in taxable value of the property to allow more modest tax impacts. b. If a property is sold, the prior four years of taxable value is factored into the new taxable value based on the sales price. This would apply to all taxable property in the state, regardless of whether it is subject to the "Save Our Homes" provisions. In doing so, for example a family who decides to move into a larger house that has a market value of $400,000 but is a property that has 2 AMERICA '8 GA TEW A Y TO THE GULF'STREA~f been protected from increases because of "Save Our Homes" would have a smoothed assessment based on the prior four years of taxable value (as held by the former owner) and the one year of new taxable value based on the sale of the home to the new owner. The new owner would continue to derive value from "Save Our Homes" based on the historic taxable value of the property for at least four more years as the value of the home would be as follows: Year One - Four Years of Prior Years' Taxable Value (old owner) plus one year (new owner) New Taxable Value - averaged = new taxable value. Year Two - Four Years of Prior Years' Taxable Value (three years of old owner taxable value and one year of new owner taxable value) plus New Taxable Value- averaged = new taxable value. Year Three - Four Years of Prior Years' Taxable Value (two years old owner taxable value and two years new owner taxable value) plus New Taxable Value- averaged = new taxable value. Year Four - Four Years of PriorYears'Taxable Value (one year of old owner taxable value and three years of new owner taxable value) plus New Taxable Value- averaged = new taxable value. Year Five - Four Years of Prior Years'Taxable Value (no old owner taxable value and five years of new owner taxable value) = new taxable value. Year Six - Five Years of Prior Year's Taxable Value averaged = new taxable value. (The cycle continues each year - if the property is sold anytime, the prior values are still factored) This scenario would replace the "re-set" ofthe property value based solely on the market price ofthe property . Note to the above: If the property were covered under "Save Our Homes", the assessment limitations would still apply. The "break" to the owner who buys the property is being able to take advantage of four years prior value history plus the new taxable value based on the property sale, hence the smoothing benefit. The implication of this process is a built-in portability as suggested in our point #6 above based on the blended taxable value of the property. This would be available to ALL classes of taxable property in the state. In the residential real estate market, this proposal would possibly serve as an incentive for current homeowners to change homes without being hit with huge property tax increases because the increase in the value of their new home would be sheltered with the five-year smoothing process. We realize that this proposal does not cover all variations in property transactions, specifically new homes or buildings. However, there is already a built-in lag time of 18 to 24 months in new construction before the full value of the improved property is reflected in the taxable value of the property. Therefore, owners of new buildings enjoy the services oflocal government without paying full price for these services during this 18 to 24 month lag time. If the Legislature changes the process of assessment from "highest and best use" to "current use" (see point # 3) above the results should be reflected in slower growth of taxable values. 3 AMERICA '8 GATEWA Y TO THE GULF8TREA.l\-f We respectfully request that these ideas be given consideration by members ofthe Legislature. We don't have all the answers but we are coming forward with ideas that could help create a specific and appropriate dialog about property taxes, property assessments and portability in Florida. Respectfully submitted, Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Mack McCray, City Commissioner Carl McKoy, City Commissioner Ronald Weiland, City Commissioner 4 AMERICA '8 GA TEW A Y TO THE GULF8TREAM Chairman Trustee Companies Bethesda Memorial Hospital Commerce Bank Compson Associates, Inc Exit Realty The Destinations Group Florida Power & Light Co. 'l'he Palm Beach Post Quincy Johnson,Jones Myolt, Williams 2007 Board of Directors Chairman of the Board Devon Coughlan, Elk, Cl1risll/, Eo; Sabt LLI' Immediate Past Chair Barbara Barlage, He/Max Dmcl Directors Kathlein Ambridge, Exil HfIl/ly Ihe Deslillliliolls Gr,'up Victor H. Beninate, Bell.~ou tl1 Buck Buchanan, The TrlfllOJTO,(P C0111lCctio1"/ Shaun Castillo, Sit n-Scn tme! Robert D' Angelo, Conlpsot! /\.,sl}ciate..:., INt" Lou Frazer, Holiday 11111 HO.'l"!on Heoc!i Iim Guilbeault, Culinary ';"llilillns. 11Ie. Marie Neshe, IEK Medical Center Tony Newbold, Florida Pawey t:.r Light Co. Rob Silio, CHI" Ad Services Candace Smith, BrIlIk (if America. Robert B. Taylor, .Jr., Sclhe,do Memorial llelsl'ilal Steve Waxelbaum, Tile 1'"lm 8c<lcl1l'osl Maria Werrlein, CtJlmncrcc Bank Elliott Williams, CUnrIJlllnlcni'ic1r!s P.t'SC1urc(' A1mlllSflllent, Cell!,. J.,mesWilIiams, Quincy]olm,,'"..]''''''' !''vlyolt. Williams Glenn P. .Jergensen, Pre,,/dent 6 CEO Cyrater 80Yl1to11 Beach Chmllrer of Ct)ll1111crt'c theGreater ... . !MXhibit "B" Boynton Beach I .1 Chamber of Commerce April 12, 2007 Mayor Jerry Taylor City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mayor Taylor, Our Business and Government Mairs Committee was fortunate enough to have City Manager Kurt Bressner attend and brief us on the 'City of Boynton Beach White Paper on Property Assessment and Property Tax Issue" at the Chamber office today. The Executive Board of the Greater Boynton Beach Chamber based upon the recommendation of our Business and Government Mfairs Committee supports the "White Paper" recommendations and finds the proposal has great merit in easing the property tax burden on our businesses and citizens, while preserving a level of city services that we have grown accustom to in our great city. By taking a leadership role in making this recommendation to the Legislature, Boynton Beach exhibits that the leaders of our City are proactive and working toward solutions to this state wide problem. These proposals are in the best interest of our homestead residents, our visiting vacation home residents and our commercial and business community. We will communicate our support of this "White Paper" proposal through our Chamber of Commerce Network here in Palm Beach County and through our other Chamber affiliations in the State of Florida. Regards, Devon Coughlan Chairman of the Board 2007 Glenn Jergensen President & CEO Cc: City Commission Members City Manager Kurt Bressner 639 E. Ocean Ave., Ste. 108, Boynton Beach, FL 334351 (0) 561-732-95011 (F) 561-734-43041 _ www.bovntonbeach.org I email: Chamber(a),bovntonbeach.org 1_ I ~ 0 V'l ~ E ~ :t:: ro .c V) .- .c:: Q) >< ""' <5 W s:: -;:;:; ~ (I) '3 (I) <:;;- U J- :2 0 ~, 4" 0'> ~ s:: ::t: .- 0- 0- 0 ;:c Clll~ allle '!!'!I_I: "'1 a 'if '& ...c "z u Ol _ _ C , J!) 0 o'N _ ~ 0 ~ C CU ~ .~ E'in 0 Q) l;::: ~ 0 .- u= E g.cc~ ....~Q)Q) o ~ lG - E C '0 Q) ca .E f!?.o .g E t:: E ~ .- Q) Q) 1;: E C Q) Q) 0. Q)O :!:::x~,,;>_ o>-EQ) C a. 0 :> ca :> C I/) .:: .-:;, ....I.::E.::caQ)Ol c...ooE Q)O....ca ca....Xc EQ)~o - - :;"- 0._ :;, ca .- Q) E Q) ~ CU Q) 0 'E 0 'E I/) ..... _!::::! x 0 I/) C . Coo Q)O Q) 1/).... I/) Q)~caca~ Q) '> Q) .... 0 .... ca Q) C Q) ~ .- C U)O>~LO~'O-E,~.2~Q)~'O:;, .... ca._ N -- C .- 0 ca E 0.:;' EQ) 0 a..(/)'OER-'Oca~'O>Z:P 0 (/) ..;.,1 <C (/) o B. o ~ B. 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CO I/) .......m m CO r--- ..-- x Y't CO'#. 1/)1/) mm N ..-- C") V X Y't N'#. VI/) .......m N o ..-- CO X Y't - s::: Q) E Q) .... U s::: x co Q)I- C)en co en = 0 ~(5 ~ o C') C') 0> N CO m N o o ....... ..-- Y't m o C") ....... m o V Y't I/) o CO r--- m r--- I/) Y't ~ o - s::: Q) E Q) .... U s::: u.. l- +' Q) Z ~ o co U') M .... o N ,.., ...: o V ..; ~ N - o a) ~ o 00 N ~ N CO) ,....~ CD 1.1) ~ N CO) ~ CD :J C CD > CD 0:: >< C'll I- ~ o ... CD Z How other states fare: South Florida Sun-Sentinel http://www.sun-sentinel.com/news/legislature/sfl-480Iherstaletaxbox,1 ,... Sun-Sentinel 0 com , Member services, MyNews , Subscribe to paper HOME I NEWS I SPORTS I ENTERTAINMENT I SHOPPING I CLASSIFIED I BUSINESS WEATHER SOUTH FLORIDA _ THE LATEST NEWS SEAIlCH ~0" - _Q0- - bvGo\ll:F" . virtual tours photos floorplans >Search ClassIfied >Find a Job >Buy a Car >Find Real Estate >Find an Apartment >Place a Classified Ad >Buya Locallink >ShopLocal >Boodle Coupons LOCAL NEWS NEWS BY AREA Broward County Palm Beach County Regional/Florida Cuba Nation/World NEWS TOPICS The Help Team Legislature Education Florida Lottery Obituaries Traffic News by E-mail News Quiz Next Generation Kids of Character Character Counts NEWS Broward County Palm Beach County Regional/Flortda Cuba Nation/World The Help Team Legislature Education Florida Lottery Obituaries WEATHER Hurricane Webcam SPORTS Miami Dolphins Florida Marlins Miami Heat Florida Panthers University of Miami High School College Blogs/Colum ns BUSINESS Real Estate News EDITORIAL Letters Chan Lowe Cartoons BLOGS COLUMNS $OUTHFLORIDA.COM _e..~~4!rt~in!,"ent ~~~~ t\mA~r~pj$_ ~_9Vi:l!;s_. TV, :ji.i!l;'<; ~.~~ge 1!,ig~m!:, ~_I!_JI!!! ".f:~!'!4!l_~_~w_.ys Cet~!j~~~,.. c.HqJ_o.cop~s _t,\:.~tn_9t~r~onals ~~~r~.r;I;~!>>'n~19utdo<m' ~ VJslt,or.'s. ~u~e 10f2 around apartment buildings on your lunch hour. ,;jfFi#' 'L", 0'" apartments.com - How other states fare South Florida Sun-Sentinel EDT How Florida compares in the amount of state ['2] E-mail story taxes per capita: ~ Print story ~ Most e-mailed U.S. average: $2,014.36 Il1J News on your cell ~ RSS news feeds 1. Hawaii $3,050.03 2. Wyoming* $2973.87 3. Connecticut $2,941.21 4. Minnesota $2,890.90 5.Delaware $2,862.03 6. Vermont $2,844.96 MOST E-MAILED (last 24 hours) 1. District OKs stricter Phase II water restrictions for South Florida 2. Contamination prompts recall of Listerine Agent Cool Blue 3. Mortgage mess could delay South Florida housing market rebound 4. Floridians can buy tax-free hurricane supplies beginning June 1 5. U.S. home prices expected to drop for first time since '68 See the complete list. 7. Massachusetts $2,628.26 8. New Jersey $2,416.37 9. California $2,391.65 10. New York $2,376.77 36. Florida. * $1,756.36 50. Texas.* $1,368.45 * =State has no personal income tax Source: U.S. Census Bureau (updated March 2006) . Click here to subscribe today to the Sun-Sentinel or call 1-877-READ-SUN. LocalLinks Type in your comments to post to the forum Name VISTA BMW 1-866-VlSTA BMW ~~J'~ - (I (~ Th, #1 BMW Retailer in the Nation! Follow the Leaderfor Savings and Selection 1-866-VlSTA BMW (9 The Ultimate Driving Mac:hine' $O~U $2,el~ ~~ 12's'7'SIb.V\X:i ~=t=~~~~~~ OOII8rIM.~iliri.J(Q.~f<<.lOdWoWUQil 1"C1.it8t,t~~~'bI7(r~.n1~ "-..n~liflQilt-~ Exhibit "E" 4/13/20079:57 AM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. - CITY MANAGER'S REPORT ITEM D 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 lRl April 17,2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM D Announcements/Presentations ~ City Manager's Report D Administrative D New Business D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Information on Cherry Hill Reconstruction Project EXPLANATION: The City learned that the Palm Beach County Housing Authority has begun to relocate residents from Ihe Cherry Hill neighborhood to make way for new affordable owner-occupied single family homes constructed by the Authority. The housing units being replaced are rental units with Ihe tenants holding HUD Section 8 rental certificates. These certificates are accepled at a number of other apartment complexes in Palm Beach County and cover a portion of rental costs based on a sliding scale derived from household size and income. As noted in the attached letter, which we received from a resident, the Housing Authority will be providing relocation assistance to all displaced residents. PROGRAM IMP ACT: The City will also provide technical assistance to residents to help locate suitable housing units in Palm Beach County that meets the Housing Authority's relocation criteria. This is similar to the program the City successfully implemented with the evacuation and demolition of the Boynton Terrace Apartments in 2005. FISCAL IMP ACT: (Include Account Number where funds will come from) -- It is estimated that staff support costs to help with relocation of Cherry Hill tenants will be in the neighborhood of$5,000. ALTERNATIVES: Object to the Housing Authority's actions to removal of Cherry Hill. D H d'S ~~C' M 'S' epartment ea sIgnature Ity anager sIgnature Assistant to City Manager ~ Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC AF'R-13-20CJ713:54 FROt'l:CHERF''y' HIL:_ MIHI r"~AF 734<133 TO: 74260E:9 F'.1/2 ~/ ~ AI.bl c 7 PALM BEACH COUNTY HOUSING AUTHORITY 3432 WlSlIt 45th Stnl81 . Wm Palm BeaCh, Florida 33407 . Phone SectiOn e (581) e84o(1278 1=8. Siletion 8 (661) 884-1192 (.,0- - ./ . C:C'J~("'I''Io.~ 7' BARRY F SEAMAN EDC'lIl1l1t Dirrcf(lr 'Ii ,.il TENANT: UNIT # : ~ho~ ~~._~. I IL If-\ r-> ') On March 30, 1006, we notified you of the proposed demolition application for tbe \ U/' Cherry Hill Section in Boynton Beach. This application has been approved and we are golng fonvard with the program. .. This letter is your NOTICE OF ELIGIBILITY FOR RELOCATION ASSIST ANCE. To carry out the program, it will be necessary for you to relocate when the time comes. However, you DO NOT have to move now. You wlJl not be required to move without at least ninety (90) days advance written notice of the date by which you mus( vacate.. And when you do move, you wJll be entitled to relocation payments and otbu assistance in accordance with Federal Regulations implementing the (Iniform Relocation Assistance and Real Prop,erty Acquisition Policies Act of 1970, AS nnlended (lIRA). The effective date of this Notice is MARCH 26. 2007. You are now eligible for relocation assistance, including: Counseling and Other Advisory Services. l>ayment for Moving Expenses. You may choose tither (1) a payment for your actual reasonable moving and related expenses, or (2) if you prefer, a fixed moving expense and dislocation allowance of $ 700 to 1200 accordine. to unit size. The choice of either (1) a Section 8 Housing Choice Voucher, or (2) another Public Housing Unit of same bedroom S17..e In anothel" location other than Cherry Hill. We will be notifying you in the neor future to sit down with one of our agents to disc:uss your situation 9nd go over any and all questions relating to tbis move. If you have any immediate problems with this notice, call your site manager at 561- 736-6461 or send written comments to Joe Zalman. Executive Director. Palm Beach County Housing Authority, 3432 West 45th Street, West Palm Beach. Florida 33407. 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, PERTAINING TO LOBBYIST REGULATIONS; 5 PROVIDING FOR TITLE AND PURPOSE; PROVIDING 6 FOR DEFINITIONS; PROVIDING FOR REGISTRATION; 7 PROVIDING FOR RECORD OF LOBBYING CONTACTS; 8 PROVIDING FOR CONE OF SILENCE; PROVIDING FOR 9 ENFORCEMENT; PROVIDING FOR PENAL TIES; 10 PROVIDING FOR REPEAL OF LAWS IN CONFLICT, 11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby 15 determines that its citizens must be accorded access to City Officials at all levels of 16 govenunent;and 17 WHEREAS, the City Commission further determines that in order to preserve and 18 maintain the integrity of govenunental process, it is necessary that the identity and activities 19 of those who regularly engage in efforts to persuade public officials be regularly disclosed to 20 the public; and 21 WHEREAS, the City Commission further determines that limiting communication 22 among potential vendors, their representatives, and govenunent officials during the City's 23 procurement process will provide for the continued integrity of such process; and 24 WHEREAS, the City is authorized pursuant to the Florida Constitution, the Laws of 25 Florida, and the Palm Beach County Home Rule Charter to impose such laws as are needed to 26 carry on city govenunent; and 27 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby 28 determines that the Boynton Beach Lobbyist Registration Ordinance will serve the interests of its 29 citizens by preserving and maintaining its policy of open government. C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007.Revised on first reading NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 4 being true and correct and are hereby made a specific part of this Ordinance upon adoption 5 hereof. 6 Section 2. Article XVI entitled "Registration of Lobbyist" of Chapter 2 entitled 7 "Administration" of the Code of Ordinances is hereby created to read as follows: 8 Sec. 2-230 Title and Purpose. 9 A. This Ordinance may be cited as the "City of Boynton Beach Lobbvist Registration 10 Ordinance." 11 B. The City Commission of the City of Boynton Beach hereby determines that the 12 operation of responsible govemment requires that the fullest opportunity be afforded to the 13 people to petition their City government for the redress of grievances and to express freely tot 14 he elected oHicials their opinions on legislation and other actions and issues: that to preserve 15 and maintain the integrity of the govemmental decision-making process_ it is necessary that 16 the identity and activities of certain Persons who engage in efforts to influence City 17 Commissioners. Advisory Board members and employees on matters within their official 18 duties. be publiclv and regularly disclosed. 19 Sec. 2-231 Definitions. 20 A. Unless expressly provided herein tot he contrary. for purposes of this Ordinance. the 21 following definitions will apply: 22 1. "Advisorv Board" will mean any advisory or quasi-iudicial board created by 23 the City Commission. KB CommeJlt: For purposes of explanation, should we list the C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet FileslOLKBEO\Lobbyist registration (KB).doc 3/29/2007-Revised on first reading affected boards in the definition? Might be clearer. 2 2. "Board" will mean the City Commission of the City of Bovnton Beach, 3 Florida. 4 3. "City Commissioner" will mean any member of the City Commission of the 5 City of Boynton Beach, Florida. 6 4. "Employee" will mean all personnel employed bv the City Commission. KB 7 Comment: Please claTifv, this would be the Citv Manager, Assistant City Manager 8 (because thev confirm the appointment bv the Citv Manager) and City Attornev. Correct? 9 5. "Lobbying" shall mean seeking to influence the decision of any City 10 Commissioner, any Advisory Board member or any Employee with respect to the passage, 11 defeat or modification of any item which may foreseeablv be presented for consideration to 12 the Advisory Board or City Commission as applicable. 13 6. "Lobbyist" shall mean any Person who is employed and receives payment or 14 who contracts for economic consideration, for the purpose of Lobbying on behalf of a 15 Principal. "Lobbvist" shall not include any Emplovee, as defined by this Ordinance, when 16 acting in the course of his or her employment any elected official when the official is 17 Lobbying on behalf of the government agency which the official serves. or any member of the 18 official's staff when such staff member is Lobbving on an occasional basis on behalf of the 19 governmental agency bv which the staff member is employed. 20 7. "Person" shall mean individuals, firms, associations, ioint ventures, partnerships, 21 estates, trusts, business trusts, syndicates, fiduciaries, corporations (profit or not-for-profit), 22 professional corporations. or associations and all other groups or combinations however 23 constituted. C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007-Revised on first reading 8. "Principal" shall mean the Person or entity a Lobbyist represents for the 2 purpose of Lobbying. 3 Sec. 2-232 Re2istration. 4 A. Re2istration Required. All Lobbyists shall register with City Administration before 5 engaging in Lobbying. Every Lobbvist shall submit a fOffi1 prepared bv the City 6 Administration and shall state his or her name. address. the name and address of each 7 Principal represented. the general and specific areas of legislative interest. and the nature and 8 extent of any direct business association or partnership with any current City Commissioner. 9 Advisory Board member or Employee. A Lobbyist's registration shall automatically expire on 10 Decem ber 3] st of the year of registration. If any time during the Year. a Lobbyist commences II representing a Principal for which the Lobbyist has not registered pursuant to this Ordinance. 12 such Lobbyist shall register with respect to that Principal prior to Lobbying. Lobbying prior to 13 registration is prohibited. 14 B. Re2istration Exceptions. Registration shall not be required for the following: 15 1. City Commissioners. Advisory Board members or Employees discussion 16 matters relevant to their official duties; 17 2. Persons under contract with the City who communicate with City 18 Commissioners. Advisory Board members or Employees regarding issues related only to the 19 performance of their services under their contract; 20 3. Any Person who lobbies only in his or her individual capacity for the purpose 21 of self-representation; KB: Am' exanmles? This will be a Question area. 22 4. Any Person who appears before the Board or Advisory Board in a quasI- 23 judicial proceeding. KB: Does this mean an atfornell who represents clients for zonil1t! C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007-Revised on first reading matters, for example? Ther want to meet with the Commission all the time and are paid to 2 represent their clients. Not clear. 3 C. False Statements. A Lobbyist shall not knowingly make. or cause to be made. a false 4 statement or misrepresentation in maintaining registration or when Lobbying City 5 Commissioners. Advisory Board members or Employees. 6 Sec. 2-233 Record of Lobbvin!! Contacts. 7 A. Contact Lo!!. Except when appearing before the Board or any Advisory Board. all 8 Persons shall sign. for each instance of Lobbying. contact logs maintained and available in the 9 office of reception of each department of City government. The Person shall provide his or 10 her name. whether or not the Person is a Lobbyist as defined in this Ordinance. the name of 11 each PrincipaL if any. represented in the course of the particular contact. and the subiect 12 matter of the Lobbying contact. All contact lo€!s shall be transmitted to the City Manager at 13 the end of each calendar quarter.KB Comment: This was written at the COllntv where each 14 Countv Commission member has an office. In ollr case should either the Citv Clerk's 15 Office or Citl' MallOfler's Office mailltain a master lOJ!? Havill!! it distributed throll!!llOut 16 the departments is not particularlv efficient, in ml' view. 17 B. Lobbvin!! Outside of City Offices. In the event that a Lobbyist engages in Lobbying 18 which is outside of City offices. and which is a scheduled appointment initiated by any Person 19 for the purpose of Lobbying. the Lobbyist shall advise the Commissioner's office of 20 Employee's department office as appropriate of the calendar scheduling of an appointment 21 and the subiect matter of the Lobbving contact. KB Comment - A!!ain, 1 know tltis was 22 adO/lted from the Countv code but it is not clear. 1 sUflflest that the Lobbvist be reQlIired to 23 advise either the Citv Mana!!er's Office or the Citv Clerk's Office of the appointment. The C:\Documents and Settings\1ejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007.Revised on first reading office assi.!!ned, will cause a notation to he inserted ill the Citv Commission member's 2 meeting schedule. This can be done on Outlook and a record kept of the meeting off 3 premises (as well as allV on-site meetings with Lobhvists) -- iust a suggestion. Which ever 4 office mailltains the log should prohablv do this function. Sec. 2-234 Cone of Silence. 5 6 A. "Cone of Silence"' means a prohibition on any communication. except for written 7 correspondence. regarding a particular Request for ProposaL Request for Qualification. bid. or 8 any other competitive solicitation between: 9 1. Any Person or Person's representative seeking an award from such competitive 10 solicitation. and 11 2. Any City Commissioner or Commissioner's staff. or any Emplovee authorized 12 to act on behalf of the Commission to award a particular contract. 13 B. For the purposes of this Section. a Person's representative shall include but not be 14 limited to the Person's employee. partner. officer. director. consultant. Lobbyist. or anv actual 15 or potential subcontractor or consultant of the Person, 16 C. The Cone of Silence shall be in effect as of the deadline to submit the proposal bid. or 17 other response to a competitive solicitation. Each Request for ProposaL Request for 18 Qualification. bid. or any other competitive solicitation shall provide notice of Cone of 19 Silence requirements and refer to this Ordinance. 20 D. The provisions of this Ordinance shall not apply to oral communications at anv public 21 proceeding including pre-bid conferences. oral presentations before selection committees. 22 contract negotiations during any public meeting. presentations made to the Board. and protest 23 hearings, Further. the Cone of Silence shall not apply to contract negotiations between anv C:IDocuments and Settings\lejeunec\Local SettingslTemporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007.Revised on tirst reading Employee and the intended awardee, any dispute resolution process following the filing of a 2 protest between the Person filing the protest and any Employee, or any written correspondence 3 at any time with any Employee, City Commissioner, or Advisory Board member or selection 4 committee member, unless specifically prohibited by the applicable competitive solicitation 5 process. 6 E. The Cone of Silence shall not apply to any purchases made in an amount less than the 7 competitive bid threshold set forth in the set forth in the City of Boynton Beach Purchasing 8 Policies, 9 F. The Cone of Silence shall terminate at the time the Board or a City Department 10 authorized to act on behalf of the Board, awards or approves a contract, reiects all bids or 11 responses, or otherwise takes action which ends the solicitation process. 12 Sec. 2-235 Enforcement. 13 A. If the City Manager is informed of an Person engaged in Lobbying activities who has 14 failed to comply with the requirements of this Ordinance, he or she shall conduct an 15 investigation as deemed necessary under the circumstances. In the event the City Manager 16 determines that a violation has occurred based on the results of the investigation, the 17 following enforcement procedures shall apply. 18 B. A notice of violation shall be transmitted to the Person indicating the nature of the 19 violation and the penalty imposed. The Lobbyist shall have up to thirtY days after the date of 20 the notice to seek appeal of the penalty. In the event the Lobbyist fails to submit an appeal in 21 writing to the City Manager within thirty days of the date of such notice, the violation shall be 22 deemed final. and the penalty imposed shall be effective immediately, 23 C. Appeals of any decisions of the City Manager shall be referred to a special master for C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007-Revised on first reading hearinf!. 2 1. Creation and Appointment. Appeal hearings pursuant to this Ordinance shall 3 be conducted by designated special masters. Applications for special master positions shall be 4 directed to the City Manager pursuant to a notice published in a newspaper of rzeneral 5 circulation. The Citv Manager shall select a pool of candidates from applications filed on the 6 basis of experience and qualifications. The Citv Manager shall appoint each special master to 7 conduct each hearing from the pool of candidates selected. as necessary. A special master 8 shall be a graduate of a law school accredited by the American Bar Association. and a current 9 member in good standing of The Florida Bar. The City Manager shall give preference to 10 those attorneys who have prior experience in a iudiciary capacity or as a hearing officer. 11 mediator. or special master. Special masters shall serve without compensation for their 12 services. and shall not be considered Employees. Travel reimbursement is limited to expenses 13 incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as 14 a special master. 15 2. Conduct of Hearing. Hearings before the special master shall be conducted as 16 follows: 17 18 19 20 21 22 23 a. Persons seeking appeal will receive written notice by certified mail of the hearinf! no less than fifteen working days in advance of the hearing. The special master shall render a decision on the appeal within fifteen working days after the case was heard. b. The special master shall provide Persons seeking appeal and anv City representatives an opportunity to present testimony and evidence. All testimony shall be under oath and shall be recorded. Formal rules of C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007.Revised on first reading evidence shall not apply, but fundamental due process shall be observed 2 3 4 5 6 7 8 9 10 11 D. The and shall govern the proceedings. The special master, in his or her discretion, may exclude irrelevant, immaterial, or unduly repetitious evidence, but all other evidence of a type commonly relied upon by reasonably prudent Persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. c. The decision of the special master is final and appealable by writ of certiorari pursuant to the Florida Rules of Appellate Procedure. validity of any action taken by the Board, The Advisory Boards, or any 12 Employees, shall not be affected by the failure of any Person to comply with the provisions of 13 this Ordinance. C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007-Revised on first reading Sec. 2-236 Penalties. 2 A. Violations of the City of Boynton Beach Lobbyist Registration Ordinance shall be 3 punishable as follows: 4 1. Failure to properly register as required by Section 3 of the Ordinance shall be 5 deemed a single violation, punishable bva fine of two hundred fiftv dollars ($250.00) per day 6 for each dav an unregistered Lobbyist engages in Lobbying activitv. in an amount not to 7 exceed a total of two thousand five hundred dollars ($2.500.00). 8 2. Failure to properlv provide Lobbving contact information as required bv 9 Section 4 of this Ordinance shall be punishable bv a fine of two hundred fiftv dollars 10 ($250.00) for each violation, 11 3, Violations of the Cone of Silence set forth in Section 5 of this Ordinance shall 12 be punishable bv a fine of two hundred fifty dollars ($250.00) for each violation. 13 4, Anv Person who knowinglv makes or causes to be made a false statement or 14 misrepresentation in maintaining a Lobbvist registration shall be subiect to a fine of two 15 hundred fiftv dollars ($250.00) for each violation. 16 5, Anv Person who violates the provisions of the Ordinance more than once 17 during a twelve-month period shall be prohibited from Lobbying as follows: A second 18 violation shall result in a prohibition of one vear. a third violation shall result in a prohibition 19 of two veal'S, 20 6. The penalties provided in this section shall be exclusive penalties imposed for 21 anv violation of the registration, contact lob and Cone of Silence requirements of this 22 Ordinance, Failure or refusal of any Lobbvist to comply with any order of the City or special 23 master shall be punishable as provided bv law. and shall otherwise by subiect to such civil C:\Documents and Settingsllejeunec\Local SettingslTemporary Internet FileslOLKBEO\Lobbyist registration (KB).doc 3/29/2007.Revised on first reading remedies as the City may pursue, including iniunctive relief. 2 Section 5. Each and every other provision of the Code of Ordinances not herein 3 specifically amended, shall remain in full force and effect as originally adopted. 4 Section 6. All laws and ordinances applying to the City of Boynton Beach in 5 conflict with any provisions of this ordinance are hereby repealed. 6 Section 7. Should any section or provision of this Ordinance or any portion 7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 8 affect the remainder of this Ordinance. 9 Section 8. Authority is hereby given to codify this Ordinance. 10 Section 9. This Ordinance shall become effective immediately. C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc 3/29/2007-Revised on first reading ] 2 3 4 5 6 7 8 9 10 ] I 12 13 14 15 ]6 17 ] 8 ]9 20 21 22 FIRST READING this _ day of ,2007, SECOND, FINAL READING AND PASSAGE this _ day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray 'J'" _J 24 25 26 27 28 29 ATTEST: Commissioner - Carl McKoy City Clerk (Corporate Seal) 30 C:\Documents and Settings\lejeunec\Local SettingslTemporary Internet Files\OLKBEOILobbyist registration (KB) doc 3/29/2007-Revised on first reading ~\"f~::> ...,. " ( ;. C\\ \ j::: 0\ l\ ,)(1 ,r' .,.....,~, .,../' ~ -_: 0 1> "ro '0 XII. - LEGAL - 2nd Reading Non- Development 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 ~ April 17,2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) D August 7,2007 July 16,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal20d Read D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve on second reading Ordinance No, 07-_ amending Chapter 15 of the Code of Ordinances, "Offenses-Miscellaneous," to add a new Article XII, titled "Loitering." EXPLANATION: : It is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal street gangs and their members. It is not the intent of this ordinance to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. It is every citizen's constitutional right to harbor or express beliefs on any lawful subject and to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances and to participate in the electoral process. However, the City and its surrounding communities are facing a mounting crisis caused by persons engaged in suspicious loitering and criminal street gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These activities present a clear and present danger. The City has a compelling interest in preventing criminal activity, and the provisions of this ordinance are necessary to maintain the public order and safety, PROGRAM IMPACT: Eradicate the terror created by criminal street gangs and their members by providing law enforcement with the tools to eradicate suspicious loitering within the City. FISCAL IMPACT: N/A ALTERNATIVES: Not to approve the ordinance, Department Head's Signature Assistant to City Manager Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 ORDINANCE NO. 07- ooq 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES, 5 "OFFENSES-MISCELLANEOUS," TO ADD A NEW ARTICLE XII, 6 TITLED "LOITERING"; PROVIDING FOR FINDINGS AND INTENT; 7 PROVIDING FOR DEFINITIONS; DECLARING CERTAIN ACTS 8 UNLAWFUL; PROVIDING FOR PENAL TIES; PROVIDING FOR 9 CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach finds that loitering 13 causes justifiable and reasonable alarm and immediate concern for the safety of persons or 14 property within the City; and 15 WHEREAS, the City Commission of the City of Boynton Beach desires to address 16 the public's concern, alarm and fear caused by loitering within the City by establishing 17 prohibitions and penalties for loitering as hereinafter defined; and 18 WHEREAS, the City Commission of the City of Boynton Beach finds that there is a 19 mounting crisis caused by criminal street gangs, and others, that frequently loiter on public, 20 and private property and thereby threaten and terrorize peaceful citizens and commit a 21 multitude of crimes; and 22 WHEREAS, the City Commission of the City of Boynton Beach desires to eradicate 23 the terror created by criminal street gangs and their members; and 24 WHEREAS, the public health, safety, and welfare of the public is advanced by the 25 adoption of this ordinance; and 26 WHEREAS, the City Commission deems it to be in the best interests of the health, 27 safety and welfare of the citizens and residents of the City to create Article XII in Chapter 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions, Page 1 of 8 S:\CA \OrdinanceslLoitering Ordinance (KBComments )033007 .doc 1 of the City's Code of Ordinances as provided herein. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 3 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 4 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 5 as being true and correct, and are hereby incorporated herein and made a part hereof. 6 Section 2. Chapter 15, "Offenses-Miscellaneous" is hereby amended to add a new 7 Article XI titled "Loitering" to read as follows: 8 Article XII. LOITERING 9 Sec. 15-128. Findine:s and Intent 10 (a) The City Commission finds that it is the right of every person, regardless of 11 race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be 12 secure and protected from fear, intimidation, and physical harm caused by the activities of 13 criminal street gangs and their members. It is not the intent of this article to interfere with the 14 exercise of the constitutionally protected rights of freedom of expression and association. The 15 City Commission recognizes the constitutional right of every citizen to harbor and express 16 beliefs on any lawful subiect whatsoever, to lawfully associate with others who share similar 17 beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to 18 participate in the electoral process. 19 (b) The City Commission finds, however, that the City and its surrounding 20 communities are facing a mounting crisis caused by persons engaged in suspicious loitering 21 and criminal street gangs whose members threaten and terrorize peaceful citizens and commit CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 2 of 8 S :\CA \Ordinances\Loitering Ordinance (KBComments )033007 .doc 1 a multitude of crimes. These activities, both individually and collectively, present a clear and present danger. The City has a compelling interest in preventing criminal activity, and the City Commission finds that the provisions of this act are necessary to maintain the public order and safety. (c) It is the intent of the City Commission to eradicate the terror created by persons engaged in suspicious loitering and criminal street gangs and their members by providing law enforcement with the tools to eradicate suspicious loitering within the Citv. Sec. 15-129. Definitions. The following words, terms and phrases, when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meanmg: "Loiter" means to stand around without any obvious purpose, and to remain, linger, idle, or stay in a public place, or private place open to the public, following a request to leave the property or public place following a request to leave from the property owner or a law enforcement officer acting on behalf of the property owner. "Public place" is an area generally visible to public VIew and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, open areas and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to building or dwellings and the grounds enclosing them, whether publicly or privately owned. The term "Street" includes the legal right-of-way, including but not limited to, the CODING: Words in striko through type are deletions from existing law; Words in underlined type are additions. Page 3 of 8 S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 traffic lanes, curb, sidewalk, whether paved or unpaved, parkway and any grass plots or other grounds found within the legal right-of-way of a street. The term "Street" also includes private rights of way or access road when the City and the property owner have entered into an enforcement agreement as provided in Florida Statute 316.006(b). Sec. 15-130. Acts declared unlawful It shall be unlawful for any person: (a) To loiter in or near any street or public place in a manner and under the circumstances that would lead a sworn law enforcement officer to reasonably suspect that a person or persons are engaged in conduct that is intimidating, harassing, threatening to any citizen or otherwise interfering with the free flow of pedestrians or vehicular traffic; (b) To loiter in or near any street or public place in a manner and under the circumstances that would lead a sworn law enforcement officer to reasonable suspect that a person or persons are engage in any activity that would promote, benefit or otherwise further the interest of a criminal street gang as defined in F.S. 874.03. (c) To loiter in or near any street or public place III a manner and under circumstances that would lead a sworn law enforcement officer to reasonably suspect that a person or persons are loitering for the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that the person repeatedly beckons to, stops or attempts to stop, or engages in conversation with, passersby, or repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 4 of 8 S:\CA \Ordinances\Loitering Ordinance (KBComments )033007 .doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (d) To loiter in or near any street or public place in a manner and under 2 circumstances manifesting the purpose to engage in a drug-related activity contrary to any of 3 the provisions of Chapter 893 ofthe Florida Statutes, 4 1. Such person behaves in such a manner as to raise a reasonable 5 suspicion that he or she is about to engage in or is then engaged in an 6 unlawful drug-related activity, including by way of example only, such 7 person is acting as a "look out," 8 2. Such person is physically identified by the Officer as a member 9 of a "gang" in accordance with Chapter 874, Florida Statutes, which 10 has as its purpose illegal drug-related activity, 11 3, Such person transfers small obiects or packages for currency in 12 a furtive fashion, 13 4. Such person takes flight upon the appearance of a police officer, 14 5. Such person manifestly endeavors to conceal himself or herself 15 and any obiect which reasonably could be involved in an unlawful 16 drug-related activity, 17 6, The area involved is by public repute known to be an area of 18 unlawful drug use and trafficking, 19 7, The premises involved are known to have been reported to law 20 enforcement as a place suspected of drug activity. 21 Sec. 15-131. Suspicious Loiterio2, CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 5 of 8 S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc 1 (a) It is unlawful for any person to loiter in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. (b) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any obiect. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall. prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. (c) No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. Sec. 15-132. Loiterin2: after warnin2:. (a) It shall be unlawful for any persons, after first being warned by a law enforcement officer, or where a "no loitering" sign or signs have been posted by the property owner to loiter, stand, sit or lie in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles, thereon, nor shall CODING: Words in strike th10ugh type are deletions from existing law; Words in underlined type are additions. Page 6 of 8 S :\CA \Ordinances\Loitering Ordinance (KBComments )033007 .doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 any person block or obstruct, or prevent the free access to the entrance any building open to 2 the public 3 (b) Whenever a police officer observes a one or more persons loitering in any 4 public place displaying a "no loitering" sign or signs in the area, the police officer shall (i) 5 inform such persons that they are engage in loitering which is prohibited in that area, (ii) order 6 all such persons to disperse and remove themselves from within sight and hearing of the place 7 at which the order was issued; and (iii) inform those persons that they will be subiect to arrest 8 if fail to obey the order promptly or engage in further such loitering within sight or hearing of 9 the place at which the order was issued during the next six (6) hours. 10 Sec. 15-133. Penalties. 11 (a) A person who violates this article shall be punishable by a fine not exceeding 12 five hundred dollars ($500.00) and/or by imprisonment for term not exceeding 60 days, 13 (b) A second or subsequent offense shall be punishable by a mandatory minimum 14 sentence of not less than five (5) days imprisonment. 15 Section 3. It is the intention of the City Commission of the City of Boynton 16 Beach, Florida that the provisions of this ordinance shall become and be made a part of the 17 City of Boynton Beach Code of Ordinances. The sections of this ordinance may be re- 18 numbered or re-lettered and the word "ordinance" may be changed to "section," "article," or 19 such other appropriate word or phrase in order to accomplish such intentions. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 7 of 8 S :\CA \Ordinances\Loitering Ordinance (KBComments )033007 .doc 1 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 2 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such 3 conflict. 4 Section 5. If any clause, section, or other part or application of this Ordinance shall 5 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 6 unconstitutional or invalid part or application shall be considered as eliminated and so not 7 affecting the validity of the remaining portions or applications remaining in full force and effect. 8 Section 6. This Ordinance shall become effective immediately upon its passage and 9 adoption. FIRST READING, this ~ day of April, 2007. SECOND, FINAL READING AND PASSAGE, this ,2007. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 Janet Prainito, City Clerk 29 30 (CORPORATE SEAL) 31 day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 8 of 8 S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 1363 Organized Criminal Activity SPONSOR(S): Gonzalez and others TIED BILLS: IDENJSIM. BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Safety & Security Council 2) Policy & BudQet Council 3) 4) 5) CunninQham Havlicak SUMMARY ANALYSIS Chapter 874, F,S., the "Criminal Street Gang Prevention Act of 1996," was enacted on the basis of a legislative finding that the state is facing a mounting crisis caused by criminal street gangs whose members terrorize citizens and commit a multitude of crimes. The Act provides enhanced penalties if a court finds that a defendant committed an offense for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang, and makes intentionally causing, encouraging, soliciting, or recruiting criminal street gang membership a felony. Profits, proceeds, and instrumentalities of criminal street gangs may be forfeited under the provisions of the Act. Additionally, the Act authorizes the Department of Law Enforcement to develop and manage a statewide criminal street gang database to facilitate exchange of information. HB 1363 renames the Act the "Organized Crime Group Prevention Act of 2007" and replaces the term "criminal street gang" with "organized crime group" throughout chapter 874, F,S., and other referencing statutes. The bill revises the legislative intent language of the Act and provides additional definitions. The bill also authorizes the Department of Law Enforcement to compile and retain additional information regarding organized crime groups for law enforcement purposes, Local law enforcement agencies are authorized to compile organized crime group information and to notify prosecutors of an arrested individual's organized crime group membership status, HB 1363 also creates a term and condition of community supervision, that prohibits organized crime group members from communicating with any other organized crime group members through any means, except as authorized by certain entities for the purpose of aiding in the investigation of organized criminal activity. The bill makes it a third degree felony for any person to use electronic communication to further any criminal purpose, to intimidate or harass other persons, or to advertise his or her presence in the community. The bill makes it a second degree felony for any person to possess or manufacture any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document in furtherance of a criminal activity. HB 1363 also requires FDLE to administer organized crime prevention and enforcement grants. The bill requires FDLE to adopt rules pursuant to ss. 120.536(1) and 120.54, F,S" setting forth the grant application process, eligibility criteria, and performance standards. This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h1363.SSC.doc DATE: 3/19/2007 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. HOUSE PRINCIPLES ANALYSIS: Maintain Public Security - This bill authorizes the Department of Law Enforcement to compile and retain additional information regarding organized crime groups for law enforcement purposes, requires the Department of Law Enforcement to administer organized crime prevention and enforcement grants, and authorizes local law enforcement agencies to compile organized crime group information and to notify prosecutors of an arrested individual's organized crime group membership status, Promote Personal Responsibility - This bill makes it a crime for any person to use electronic communication to further any criminal purpose, to intimidate or harass other persons, or to advertise his or her presence in the community, This bill also makes it a crime for any person to possess or manufacture any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document in furtherance of a criminal activity, Safeguard Individual Liberty - This bill creates a term and condition of community supervision, that prohibits organized crime group members from communicating with any other organized crime group members through any means, except as authorized by certain entities for the purpose of aiding in the investigation of organized criminal activity, Provide Limited Government - This bill requires the Department of Law Enforcement to create rules setting forth the organized crime prevention and enforcement grant application process, eligibility criteria, and performance standards. B. EFFECT OF PROPOSED CHANGES: Chapter 874, F.S. - Existing Sections of Statute Leaislative Intent Chapter 874, F,S" establishes the "Criminal Street Gang Prevention Act of 1996" (Act), The Act was enacted on the basis of a legislative finding that the state is facing a mounting crisis caused by criminal street gangs, and that criminal street gang activities present a clear and present danger that the state has a compelling interest in preventing.1 The legislature further specified that the intent of the Act was to eradicate the terror created by criminal street gangs by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal street gang activity, including gang recruitment.2 Effect of the Bill The bill renames the Act the "Organized Crime Group Prevention Act of 2007" and replaces the term "criminal street gang" with "organized crime group" throughout chapter 874, F.S. The bill adds that the state has a compelling interest in halting the danger posed by the proliferation of organized crime groups and the graduation from more primitive forms of criminal organizations to highly sophisticated criminal organizations. The bill specifies that the legislature has found that street gangs, in particular, have evolved into increasingly sophisticated and complex organized crime groups, and adds that it is the intent of the legislature to outlaw certain conduct associated with the existence and proliferation of organized crime activity, 1 s, 874,02, F.S. 2Id. STORAGE NAME: DATE: h1363.SSC.doc 3/19/2007 PAGE: 2 Definitions Section 874.03, F.S, provides the following definitions: "Criminal street gang" means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity, "Criminal street gang member" is a person who is a member of a criminal street gang and who meets two or more of the following criteria: o Admits to criminal street gang membership, o Is identified as a criminal street gang member by a parent or guardian, o Is identified as a criminal street gang member by a documented reliable informant. o Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members, o Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information. o Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity, o Is identified as a criminal street gang member by physical evidence such as photographs or other documentation. o Has been stopped in the company of known criminal street gang members four or more times. "Pattern of criminal street gang activity" means the commission or attempted commission of, or solicitation or conspiracy to commit, two or more felony or three or more misdemeanor offenses, or one felony and two misdemeanor offenses, or the comparable number of delinquent acts or violations of law which would be felonies or misdemeanors if committed by an adult, on separate occasions within a 3-year period, "Criminal street gang associate" means a person who: o Admits to criminal street gang association; or o Meets any single defining criterion for criminal street gang membership, "Gang-related incident" means an incident that, upon investigation, meets any of the following conditions: o The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang; o A reliable informant identifies an incident as criminal street gang activity; or o An informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information, Effect of the Bill The bill replaces the terms "criminal street gang" and "gang" with "organized crime group," Additionally, the term "criminal street gang member" is replaced with "organized crime member," The bill adds "organized criminal syndicates," "street gangs," and "terrorist organizations" to the definition of "organized crime group" (Le, the former definition of "criminal street gang"), The bill also adds persons who have "authored any communication indicating responsibility for the commission of any crime by the organized crime group" to the definition of "organized crime member" (i.e, the former definition of "criminal street gang member"). The bill also creates the following definitions: "Electronic communication" has the same meaning as provided in s. 934.023 and includes, but is not limited to, photographs, video, telephone communications, text messages, 3 Section 934,02, F.S., defines "electronic communication" as any transfer of signs, signals, wntmg, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic. or photooptical system that affects intrastate, interstate, or foreign commerce, but does not include any wire or oral communication; any communication made through a tone-only paging device; any communication from an electronic or mechanical device which permits the tracking of the STORAGE NAME: h1363.SSC.doc PAGE: 3 DATE: 3/19/2007 facsimile, electronic mail messages as defined in s. 668.6024, and instant message real-time communications with other individuals through the Internet or other means. "Street gangs" are formal or informal ongoing organizations, entities, associations, or groups consisting of three or more persons with a common name or common identifying signs, colors, or symbols and two or more members who, individually or collectively, have as one of their primary activities the commission of criminal or delinquent acts and engage in or have engaged in a pattern of organized criminal activity. "Terrorist organization" means any organized criminal group engaged in or organized for the purpose of engaging in terrorism as defined in s. 775,30. This definition shall not be construed to prevent prosecution of individuals acting alone under this chapter. Penaltv Enhancements Section 874.04, F.S., permits a court to enhance penalties if it finds, by a preponderance of the evidence, that a defendant committed an offense for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang. Effect of the Bill The bill replaces the term "criminal street gang" with "organized crime group." Causinq, Encouraqinq, Solicitinq, or Recruitinq a Person to Join a Criminal Street Ganq Section 874,05, F,S., makes it third-degree felony5 to intentionally cause, encourage, solicit, or recruit a person to join a criminal street gang that requires as a condition of membership or continued membership the commission of any crime. Such offense is a second-degree felonyB if it is a second or subsequent offense. Effect of the Bill The bill replaces the term "criminal street gang" and "gang" with "organized crime group," Forfeiture Section 874.08, F.S" provides that the following are subject to seizure and forfeiture under the Florida Contraband Forfeiture Act, s. 932.704, F,S.: All profits, proceeds, and instrumentalities of criminal street gang activity and criminal street gang recruitment; All property used or intended or attempted to be used to facilitate the criminal activity of any criminal street gang or of any criminal street gang member; and All property used or intended or attempted to be used to facilitate criminal street gang recruitment. Effect of the Bill The bill replaces the term "criminal street gang" and "gang" with "organized crime group." FDLE's Ganq Database Section 874,09, F,S., authorizes the Department of Law Enforcement (FDLE) to develop and manage a statewide criminal street gang database to facilitate exchange of information pursuant to the intent and purpose of the Act. Effect of the Bill The bill authorizes FDLE to: movement of a person or an object; or electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. 4 Section 668.602, F.S., defines "electronic mail message" as an electronic message or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. 5 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. ss. 775.082,775,083, and s. 775.084, F.S. 6 A second-degree felony is punishable by up to 15 years imprisonment and a $10,000 fine, ss. 775.082, 775.083, and 775.084, F.S, STORAGE NAME: h1363.SSC.doc PAGE: 4 DATE: 3/19/2007 Notify all law enforcement agencies that reports of arrested organized crime group members or associates shall be entered into the database as soon as the minimum level of data specified by the department is available to the reporting agency and no waiting period for the entry of that data exists, Compile and retain information regarding organized crime groups and their members and associates in a manner that allows the information to be used by law enforcement and other agencies deemed appropriate for investigative purposes, Compile and maintain a history data repository relating to organized crime groups and their members and associates in order to develop and improve techniques used by law enforcement agencies and prosecutors in the investigation, apprehension, and prosecution of members and affiliates of organized crime groups. The bill also authorizes local law enforcement agencies to: After carrying out any arrest of any individual whom they believe to be a member or associate of an organized crime group, create or update that individual's electronic file within the system, Notify prosecutors of the accused individual's organized crime group membership or associate status, Chapter 874, F.S. - New Sections of Statute HB 1363 adds the following new sections of statute to chapter 874, F,S.: Section 874.045, F.S, - Arrest and Prosecution Under Other Provisions HB 1363 specifies that nothing in chapter 874, F .S" shall prohibit the arrest and prosecution of an organized crime group member under chapter 8767, chapter 8958, chapter 8969, s. 893.2010, or any other applicable provision of law except to the extent otherwise prohibited pursuant to a statutory or constitutional provision. Section 874,07, F.S, - Communication Amonq Members or Associates HB 1363 provides that as a term and condition of probation, parole, conditional release, or community control, organized crime group members or associates shall not communicate with any other organized crime group members or associates through any means, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of organized criminal activity, Organized crime group members or associates violating this section shall be deemed to have violated their probation, parole, community release, or community control, and the court shall revoke their probation, parole, conditional release, or community control. Section 874.10, F .S. - Electronic Communication HB 1363 makes it a third degree felony for any person to use electronic communication to further any criminal purpose, to intimidate or harass other persons, or to advertise his or her presence in the community, including, but not limited to, videotaping criminal activity or threats of criminal activity, posting images or audio of criminal activity or threats of criminal activity on the Internet, or reproducing photographs or audio recordings of criminal activity, Section 874,11, F,S, - Identification Documents: Unlawful Possession or Creation HB 1363 makes it a second degree felony for any person to possess or manufacture any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document in furtherance of a criminal activity, The bill provides that the term "identification document" includes, but is not limited to, a social security card or number, a birth certificate, a driver's license, an identification card pursuant to s. 322,051, F,S" 7 Criminal Anarchy, Treason, and Other Crimes Against Public Order. 8 Offenses Concerning Racketeering and Illegal Debts. 9 Offenses Related to Financial Transactions. 10 Continuing criminal enterprise. STORAGE NAME: h1363.SSC.doc DATE: 3/19/2007 PAGE: 5 a naturalization certificate, an alien registration number, a passport, and any access credentials for a publicly operated facility or an infrastructure facility covered under 18 U,S,C, s, 2332f, Section 874,12, F.S. - Grants HB 1363 requires FDLE to administer organized crime prevention and enforcement grants from funds specifically appropriated for this purpose, The bill requires that the grants be used solely for the purpose of funding prevention programs or strengthening enforcement activities, and that funds be awarded on a competitive basis to applicants who meet department criteria. The bill requires FDLE to adopt rules pursuant to ss. 120,536(1) and 120.54, F.S" setting forth the grant application process, eligibility criteria, and performance standards. C, SECTION DIRECTORY: Section 1. Amends s. 874,01, F,S" renaming chapter 874, F,S., the "Organized Crime Group Prevention Act of 2007." Section 2. Amends s, 874.02, F.S., relating to legislative findings and intent. Section 3. Amends s. 874.03, F.S" relating to definitions. Section 4. Amends s. 874.04, F,S., relating to organized criminal activity; enhanced penalties. Section 5. Creates s, 874.045, F.S., relating to arrest and prosecution under other provisions. Section 6. Amends s, 874.05, F.S" relating to causing, encouraging, soliciting, or recruiting organized crime group membership. Section 7. Creates s, 874.07, F,S" relating to communication among members or associates. Section 8. Amends s, 874.08, F.S., relating to organized crime group activity and recruitment; forfeiture. Section 9. Amends s. 874.09, F.S., relating to crime data information, Section 10. Creates s. 874.10, F.S" relating to electronic communication. Section 11. Creates s. 874.11, F.S., relating to identification documents; unlawful possession or creation, Section 12. Creates s. 874.12, F.S., relating to grants, Sections 13 - 22. Amend ss. 435.04, 893.138, 895,02, 921.0022, 921.0024, 921,141, 984,03, 985,03, 985,047, and 985.433, F,S., to correct cross-references and conform terminology. Section 23. Providing a directive to the Division of Statutory Revision, Section 24. This bill takes effect July 1, 2007. II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. STORAGE NAME: DATE: h1363.SSC.doc 3/19/2007 PAGE: 6 2. Expenditures: The Criminal Justice Impact Conference has not yet determined the prison bed impact of this bill. However, to the extent that the bill creates new felony offenses, there may be a prison bed impact. FDLE provided the following fiscal analysis: HB 1363 directs FDLE to administer a grants program to address organized crime prevention and enforcement efforts. Funds shall be awarded on a competitive basis to applicants who meet department criteria, FDLE must adopt rules setting forth the grant application process, FDLE will incur a recurring fiscal impact of $90,075 for the next three years (for two Grant Specialist IV FTE positions) and $9,452 in non-recurring costs. The legislation does not mention the amount of grant funds to be appropriated for the grant program, Therefore, it is impossible to determine what fiscal impact Section 874,12 would have on FDLE to implement the grants portion of the legislation. Other than the management positions, Office of Criminal Justice Grants positions are funded from management and administrative funds from federal grant programs administered, Time spent on the management of this program would have to be charged against either general revenue or funds appropriated for organized crime prevention and enforcement grants. B, FISCAL IMPACT ON LOCAL GOVERNMENTS: 1, Revenues: According to FDLE's fiscal analysis, because the bill does not define an eligible grant fund applicant, local units of governments may be eligible for grant funds. 2. Expenditures: None. C, DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: According to FDLE's fiscal analysis, because the bill does not define an eligible grant fund applicant, private sector entities may be eligible for grant funds, D. FISCAL COMMENTS: The Safety and Security Council chair's proposed budget does not include an appropriation for the costs FDLE estimates it will incur, III. COMMENTS A. CONSTITUTIONAL ISSUES: 1. Applicability of Municipality/County Mandates Provision: This bill appears to be exempt from the requirements of Article VII, Section 18 of the Florida Constitution because it is a criminal law. 2, Other: Terms and Conditions of Supervision STORAGE NAME: h1363.SSC.doc DATE: 3/19/2007 PAGE: 7 Section 7 of the bill (lines 236 - 249) provides the following: As a term and condition of probation, parole, conditional release, or community control, organized crime group members or associates shall not communicate with any other organized crime group members or associates through any means, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of organized criminal activity, Organized crime group members or associates violating this section shall be deemed to have violated their probation, parole, community release, or community control, and the court shall revoke their probation, parole, conditional release, or community control. Chapter 948, F.S., entitled "Probation and Community Control," contains a variety of statutes that establish terms and conditions of probation and community control. Similarly, chapter 947, F.S., entitled "Parole Commission," establishes terms and conditions of parole, conditional release, and control release. To the extent that this section of the bill establishes terms and conditions of probation, community control, parole, and conditional release, it may be better suited for placement in these chapters. The First Amendment to the United States Constitution and article I, section 4 of the Florida Constitution protect the rights of individuals to express themselves in a variety of ways. The constitutions protect not only speech and the written word, but also conduct intended to communicate. The bill makes it a violation of supervision for an organized crime group member to communicate with another organized crime group member. While there are existing conditions of supervision that prohibit offenders from associating with people engaged in criminal activities, there are no such conditions that prohibit an offender from communicating with a particular group of persons, This language may lead to challenges based on the First Amendment. As drafted, the bill does not require that an offender knowingly communicate with another organized crime group member. This issue was addressed in In Interest of D.S., 652 So,2d 892 (Fla. 4th DCA 1995), In that case, the court imposed a condition of community control barring the offender from associating with gang members (note that the condition barred associating with gang members rather than communicating). Recognizing the long-standing rule that probation or community control can only be revoked upon a willful and substantial violation of a condition, the appellate court held that "although the imposition of such condition was proper, no violation of that condition could occur unless the offender knew that the individuals he was associating with were gang members." The bill states that an organized crime group member who violates the above condition shall be deemed to have violated their supervision, and the court shall revoke the supervision, Section 948,06, F,S., specifies that when there are reasonable grounds to believe that an offender has violated the conditions of supervision, the offender may be arrested and brought before the court. If the violation is admitted, the court may revoke, modify, or continue the offender's supervision, or place the offender in community control. If the violation is not admitted, the court may hold what is commonly referred to as a violation hearing. After such hearing, the court may revoke, modify, or continue the offender's supervision, or place the offender in community control. The bill, as drafted, appears to take away the court's sentencing discretion for violations of supervision in that it requires the court to revoke an offender's supervision, The issues outlined above could be addressed by the following language: 948,033 Condition of probation or communitv control: oraanized crime aroup,-- (1) Effective for a probationer or communitv controllee whose crime was committed on or after Julv 1, 2007, and who has been found bva court to have STORAGE NAME: DATE: h1363.SSC.doc 3/19/2007 PAGE: 8 committed the crime for the purpose of benefitina, promotina, or furtherina the interests of an oraanized crime aroup, the court shall, in addition to anv other conditions imposed, impose a condition prohibitina the probationer or communitv controllee from knowinalv associatina with other oraanized crime aroup members or associates, except as authorized bv law enforcement officials. prosecutorial authorities, or the court, for the purpose of aidina in the investiaation of oraanized criminal activity. Penalty Enhancements In 1999, the Florida Supreme Court held that s. 874,04, F,S, (providing penalty enhancements if the court found at sentencing that the defendant was a member of a criminal street gang) was unconstitutional as a violation of substantive due process because the statute punished gang membership without requiring any nexus between the criminal activity and gang membership.11 As a result, the statute was amended so that a defendant's penalty could only be enhanced if the court found that the defendant committed the charged offense for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang, However, in 2000, the United States Supreme Court decided Apprendi v. New Jersey, 530 U.S, 466 (2000), and held that Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. With that exception, we endorse the statement of the rule set forth in the concurring opinions in that case: "[I]t is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed. It is equally clear that such facts must be established by proof beyond a reasonable doubt." citing Jones v, United States, 526 U,S, 227 at 252-253 (1999), Thus, pursuant to the United State Supreme Court's decision in Apprendi, the penalty enhancements provided in s, 874.04, F,S., may be subject to challenge in that the statute requires that the finding be made by the court rather than a jury, and only requires such finding be made using a "preponderance of the evidence" standard, These issues could be addressed with the following language: 874,04 Oraanized criminal street gang activity; enhanced penalties,--Upon a finding by a iurv by the court 3t sentencing that the defendant committed the charged offense for the purpose of benefiting; promoting, or furthering the interests of an oraanized crime aroup a crimin31 stroot g3ng, the penalty for any felony or misdemeanor, or any delinquent act or violation of law which would be a felony or misdemeanor of committed by an adult, may be enhanced, Penalty enhancement affects the applicable statutorv maximum penaltv only, Each of the findings required as a basis for such sentence shall be found bevond a reasonable doubt by 3 propondor3nco of the evidence. The enhancement will be as follows: B. RULE-MAKING AUTHORITY: This bill requires FDLE to adopt rules pursuant to ss, 120.536(1) and 120.54, F,S., setting forth the organized crime prevention and enforcement grant application process, eligibility criteria, and II State v. O.c., 748 So.2d 945 (Fla. 1999). STORAGE NAME: h1363.SSC.doc DATE: 3/19/2007 PAGE: 9 performance standards. The bill appears to give sufficient rule making authority that is appropriately limited, C, DRAFTING ISSUES OR OTHER COMMENTS: The definition of "organized crime member" (lines 102 - 131) is unclear in that it defines an organized crime member, in part, as "a person who is a member of an organized crime group," Generally, the term or phrase being defined should not be used in the definition itself. This issue could be resolved by using the following language: "Organized crime member is a person who meets two or more of the following criteria:" Line 291 authorizes local law enforcement agencies to, after carrying out an arrest of an individual whom they believe to be a member or associate of an organized crime group, create or update that individual's electronic file within the system, However, it is unclear what "system" the bill is referring to, Lines 292 - 293 authorize local law enforcement agencies to "notify the prosecutor of the accused individual's organized crime group membership or associate status," It is unclear how local law enforcement officials will be able to definitively determine whether an accused individual is a member of an organized crime group. This issue could be addressed by authorizing local law enforcement agencies to "notify the prosecutor of the accused individual's suspected organized crime group membership or associate status." Lines 296-305 make it a third degree felony for any person to use electronic communication to further any criminal purpose, to intimidate or harass other persons, or to advertise his or her presence in the community, including, but not limited to, videotaping criminal activity or threats of criminal activity, posting images or audio of criminal activity or threats of criminal activity on the Internet, or reproducing photographs or audio recordings of criminal activity. It should be noted that there are a variety of statutes criminalizing harassment regardless of whether the harassment is conducted using electronic means.12 Additionally, as drafted, the bill makes it a crime for any person to "advertises his or her presence in the community." The bill does not limit the applicability of the statute to organized crime group member or to people who advertise an organized crime group's presence in the community, Lines 317 - 323 makes it a second degree felony for any person to possess or manufacture any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document in furtherance of a criminal activity. It should be noted that simply possessing such documents (without such possession being in furtherance of a criminal activity) is currently a crime,13 The bill does not limit the applicability of the statute to organized crime group member who possess such documents. D. STATEMENT OF THE SPONSOR No statement submitted. ]2 See, e.g., s, 365.16, F.S., making it a second degree misdemeanor to use a telephone in certain ways to harass a person; s. 784.048, F.S., providing that any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree; s. 810.0975, F.S., providing that any person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who is engaged in harassment or intimidation of students entering or leaving school property commits a second degree misdemeanor; s. 843.20, F.S., making it a misdemeanor of the first degree for any person to willfully harass, threaten, or intimidate an identifiable member of a neighborhood crime watch program while such member is engaged in, or traveling to or from, an organized neighborhood crime watch program activity or a member who is participating in an ongoing criminal investigation, as designated by a law enforcement officer. 13 See, e.g., s. 322,212, F,S., Unauthorized possession of, and other unlawful acts in relation to, driver's license or identification card. STORAGE NAME: h1363.SSC.doc PAGE: 10 DATE: 3/19/2007 STORAGE NAME: DATE: IV. AMENDMENTS/COUNCIL SUBSTITUTE CHANGES h1363.SSC.doc 3/19/2007 PAGE: 11 XII. - LEGAL - 1st Reading ITEM C.1 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 ~ April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to amend Section 18-181 of the Boynton Beach Code of Ordinances to expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments, as permitted by Florida law. EXPLANATION: As recommended by the Firefighter Pension Board's new investment consultant, this ordinance will allow for a more diverse asset allocation to limit volatility in the investment portfolio and to increase returns. The proposed change is entirely in conformance with Chapter 175, Florida Statutes as well as the investment policy requirements of Section 112.661, Florida Statutes o r........l PROGRAM IMP ACT: The expanded ability to diversify the plan's investment portfolio is expected to improve ~e-plari's....! ability to increase investment performance, thereby decreasing reliance on employer contributions. :.,,; ~'.J'; '~J FISCAL IMPACT: N/A W'~) :--~ ~ D ALTERNATIVES: Not to amend the existing investment limits ~. ,,::J -,-/-- " ::0 iT') :;;.. n ~wJ Department Head's Signa <.n N Fire Pension Board Department Name City anager's Signature A"~m(~~jz;l~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 18-18.1 OF THE 5 BOYNTON BEACH CITY CODE TO EXPAND THE 6 FIREFIGHTER PENSION BOARD'S INVESTMENT 7 AUTHORITY BY PERMITTING INVESTMENT IN ALL 8 AUTHORIZED INVESTMENTS, AS PERMITTED BY 9 FLORIDA LAW; REPEALING ANY ORDINANCE IN 10 CONFLICT; PROVIDING A CONFLICTS CLAUSE; 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach Florida, presently has a retirement plan and 14 trust for firefighters; 15 16 WHEREAS, the Board of Trustees of the Firefighter Pension Trust Fund desires to 17 expand the scope of permissible investments to permit utilization of all appropriate 18 investments authorized by Florida law; 19 20 WHEREAS, these investments are authorized by Section 175.071, Florida Statutes, if 21 adopted by municipal ordinance; 22 23 WHEREAS, the Board of Trustees' investment consultant has recommended the 24 following changes; and 25 26 WHEREAS, the City Council finds that the passage of this Ordinance IS in the 27 interest of the firefighters and the citizens of the City of Boynton Beach. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA: 31 32 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 33 as being true and correct, and are hereby incorporated herein and made a part hereof. 34 35 Section 2. Section 8-181.1 is hereby amended as follows: 36 37 Sec. 18-181.1. 8toeks not meeting speeified quality eriteFia; Investment authority. 38 Pursuant to Fla.Stat. Section 175.071(1 )(b), the Board may invest the assets of the plan in anv 39 lawful investment. real or personal. as provided in Fla.Stat. Section 215.47. except as 40 otherwise limited by law.Not'.vithstanding anything in .\rticle VIII of this chapter to the 41 contrary, the board of trustees may cause up to ten (10) percent of the equity portion of the 42 fireman's pension fund to be in','ested in stocks whose sole criteria shall be that they arc listed 43 on anyone (1) or more of the recognized national stock exchanges. Consistent with Section 44 175.071, Fla,Stat., the board of trustees may also invest up to ten percent (10%) of plan assets. Page 1 of 2 ^,.' i','-'.".....,""",'<"''''''......~._~~;<''"''.,:.6',,'4,.<:<_;.. ,...;.,,,,,.,,_^,<.~,,,.;~"~~...~;j,',_.s,..,,...-,"'_'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 at cost, in foreign securities. Subsequent amendments to Chapter 175, Fla.Stat, which expand the scope of permissible investments shall be incorporated herein upon adoption by the Florida Legislature. Section 3. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby granted to codify this Ordinance. Section 6. This Ordinance shall become effective immediately upon passage. FIRST READING, this _ day of April, 2007. SECOND, FINAL READING AND PASSAGE, this ,2007. day of 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: 33 34 35 Janet Prainito, City Clerk 36 37 (CORPORATE SEAL) 38 39 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Page 2 of 2 ~I Klausner @; Kaufman I'ROFESSION,IL ,ISSOClATION ,1ll'OHNE\'S ~T LAW Writer's e-mai~: bDb@robertdk~ausner.com February 8, 2007 James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. Boynton Beach City Attorney 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Re: Boynton Beach Firefighters' Retirement Plan Ou r F:i 1 e No. 90 - 0 3 3 4 Dear Jim: Please find attached a draft ordinance which conforms the investment authority of the Boynton Beach Firefighters' Retirement Plan to the general limitations provided in Florida law for the State Board of Investment. The Board's newly hired investment consultant has recommended a more diverse asset allocation to limit volatility in the portfolio and to increase returns. We concur from a fiduciary standpoint that the broader asset allocation is in the best interest of the Plan and ultimately the taxpayers. The ordinance is not a benefit change and therefore has no actuarial cost. We believe, however, that the broader asset allocation cannot be implemented until the language in the City Code is clarified. The proposed change is entirely in conformance 1,oJi th Chapter 175, Florida Statutes as well as the investment policy requirements of Section 112.661, Florida Statutes. 10059 NORTHWEST 1ST COURT, PLANTATION, .FLORlDA 33324 PHONE: (954) 916-1202 · FAX: (954) 916-1232 www.robertdk1ausner.com -.~ February 8/ 2007 Page 2 Please forward the matter to the City Council for their immediate consideration. RDK:ldm Enclosure e feel free to call. As always, should you have any cc: Luke Henderson, Chairman Barbara LaDue, Administrator \11p\OD033490\Cherof ltr ordinance re investment authority v ''""SEGAL THE SEGAL COMPANY 2018 Powers Ferry Road, Suite 850 Atlanta, GA 30339.5003 T 678.306.3100 F 678.3063190 wwwsegalco.com April 2, 2007 Mr. Bill Mummert Director of Financial Services City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Review of Proposed Firefighter Pension Plan which conforms the Board's Investment Authority with the General Limitations of the State Board of Investment Dear Bill: The following summarizes our review of the above change. Proposed changes: The proposed change would provide the Board with the authority to invest in any lawful investment class provided in Florida Statutes Section 215.4 7 except as limited by law. Impact on plan funding: This change will allow the Plan's investment to be more broadly diversified than is currently allowed. This is anticipated to limit volatility in asset returns. Projection of required contributions: The proposed change would not immediately affect required plan contributions. In future years as volatility in asset returns is limited we can expect required contributions to have smaller fluctuations from year to year. Please feel free to contact me at 678-306-3119 to discuss any of the above items, Sincerely, ~7/ Leon F. (Rocky) Joyner, Jr. Vice President and Actuary 6067092v1f07011.002 Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON. D.C Multinational Group of Actuaries and Consultants BARCELONA BRUSSELS DUBLIN GENEVA HAMBURG JOHANNESBURG LONDON MELBOURNE MEXICO CITY OSLO PARIS Statutes & Constitution :View Statutes :->2006->Ch0175->Section 071 : Online Sunshine Page 1 of3 Select Year: 2006 I Go I The 2006 Florida Statutes Title XII MUNICIPALITIES Chapter 175 FIREFIGHTER PENSIONS View Entire Chapter 175.071 General powers and duties of board of trustees.--For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter: (1) The board of trustees may: (a) Invest and reinvest the assets of the firefighters' pension trust fund in annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the participants in the firefighters' pension trust fund shall be entitled under the provisions of this chapter and pay the initial and subsequent premiums thereon. (b) Invest and reinvest the assets of the firefighters' pension trust fund in: 1. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings, building, and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. 2. Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States. 3. Bonds issued by the State of Israel. 4. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: a. The corporation is listed on anyone or more of the recognized national stock exchanges or on the National Market System of the NASDAQ Stock Market and, in the case of bonds only, holds a rating in one of the three highest classifications by a major rating service; and b. The board of trustees shall not invest more than 5 percent of its assets in the common stock or capital stock of anyone issuing company, nor shall the aggregate investment in anyone issuing company exceed 5 percent of the outstanding capital stock of that company or the aggregate of its investments under this subparagraph at cost exceed 50 percent of the assets of the fund. This paragraph shall apply to all boards of trustees and participants. However, in the event that a municipality or special fire control district has a duly enacted pension plan pursuant to, and in compliance with, s. 175.351, 1-.++...../I""u." Ian- ",t"ta f1 n",/<;:!t"t"ta"'/~nrlav "Fn-.?Ann ....,{"\rlp=n~cnl"" <;:!t"tlltp,{',<;:p"r"h <;:tr;nrr=A>rTmT = ,1/')/')()()7 Statutes & Constitution :View Statutes :->2006->Ch0175->Section 071 : Online Sunshine Page 2 of 3 and the trustees thereof desire to vary the investment procedures herein, the trustees of such plan shall request a variance of the investment procedures as outlined herein only through a municipal ordinance, special act of the Legislature, or resolution by the governing body of the special fire control district; where a special act, or a municipality by ordinance adopted prior to July 1, 1998, permits a greater than 50-percent equity investment, such municipality shall not be required to comply with the aggregate equity investment provisions of this paragraph. Notwithstanding any other provision of law to the contrary, nothing in this section may be construed to take away any preexisting legal authority to make equity investments that exceed the requirements of this paragraph. The board of trustees may invest up to 10 percent of plan assets in foreign securities. (c) Issue drafts upon the firefighters' pension trust fund pursuant to this act and rules and regulations prescribed by the board of trustees. All such drafts shall be consecutively numbered, be signed by the chair and secretary, and state upon their faces the purpose for which the drafts are drawn. The treasurer or depository of each municipality or special fire control district shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the fund. (d) Convert into cash any securities of the fund. (e) Keep a complete record of all receipts and disbursements and of the board's acts and proceedings. (2) Any and all acts and decisions shall be effectuated by vote of a majority of the members of the board; however, no trustee shall take part in any action in connection with the trustee's own participation in the fund, and no unfair discrimination shall be shown to any individual firefighter participating in the fund. (3) The board's action on all claims for retirement under this act shall be final, provided, however, that the rules and regulations of the board have been complied with. (4) The secretary of the board of trustees shall keep a record of all persons receiving retirement payments under the provisions of this chapter, in which shall be noted the time when the pension is allowed and when the pension shall cease to be paid. In this record, the secretary shall keep a list of all firefighters employed by the municipality or special fire control district. The record shall show the name, address, and time of employment of such firefighters and when they cease to be employed by the municipality or special fire control district. (5) The sole and exclusive administration of, and the responsibilities for, the proper operation of the firefighters' pension trust fund and for making effective the provisions of this chapter are vested in the board of trustees; however, nothing herein shall empower a board of trustees to amend the provisions of a retirement plan without the approval of the municipality or special fire control district. The board of trustees shall keep in convenient form such data as shall be necessary for an actuarial valuation of the firefighters' pension trust fund and for checking the actual experience of the fund. (6 )(a) At least once every 3 years, the board of trustees shall retain a professionally qualified independent consultant who shall evaluate the performance of any existing professional money manager and shall make recommendations to the board of trustees regarding the selection of money managers for the next investment term. These recommendations shall be considered by the board of trustees at its next regularly scheduled meeting. The date, time, place, and subject of this meeting shall be advertised in the same manner as for any meeting of the board. J.,H~'//H~mH 1~~ n+~+~.f7 "n/"+...+"+"'C'/~nr!",v "Fn,?Ann mr\r!p=f), "nl"", \;;.t",tlltpR,\;;.p<lrC'h <;:trina=R,TffiT= 4/J/J007 Statutes & Constitution :View Statutes :->2006->ChOI75->Section 071 : Online Sunshine Page 3 of3 (b) For purposes of this subsection, the term "professionally qualified independent consultant" means a consultant who, based on education and experience, is professionally qualified to evaluate the performance of professional money managers, and who, at a minimum: 1. Provides his or her services on a flat-fee basis. 2. Is not associated in any manner with the money manager for the pension fund. 3. Makes calculations according to the American Banking Institute method of calculating time-weighted rates of return. All calculations must be made net of fees. 4. Has 3 or more years of experience working in the public sector. (7) To assist the board in meeting its responsibilities under this chapter, the board, if it so elects, may: (a) Employ independent legal counsel at the pension fund's expense. (b) Employ an independent actuary, as defined in s. 175.032(7), at the pension fund's expense. (c) Employ such independent professional, technical, or other advisers as it deems necessary at the pension fund's expense. If the board chooses to use the municipality's or special district's legal counselor actuary, or chooses to use any of the municipality's or special district's other professional, technical, or other advisers, it must do so only under terms and conditions acceptable to the board. History.--s. 1, ch. 63-249; s. 1, ch. 65-365; ss. 22, 35, ch. 69-106; s. 3, ch. 81-168; s. 4, ch. 86-41; s. 16, ch. 93- 193; s. 920, ch. 95-147; s. 1, ch. 98-134; s. 66, ch. 99-2; s. 17, ch. 99-392; s. 27, ch. 2000-151. Copyright CD 1995-2006 The Florida Legislature. Privacy Statement. Contact Us h++.....//nrnrnr 1"'0 ct"t", f1nc/C;;:t<otntpcdinrlpv ('frn? Ann m()clp=ni~nh1v St~tlltp.&.Se::Jrch Strin 2'=&1 JRL=... 4/2/2007 Statutes & Constitution :View Statutes :->2006->Ch0215->Section 47: Online Sunshine Page 1 of 5 Select Year: 2006 I Go I The 2006 Florida Statutes Title XIV TAXATION AND FINANCE Chapter 215 View Entire Chapter FINANCIAL MATTERS: GENERAL PROVISIONS 215.47 Investments; authorized securities; loan of securities.--Subject to the limitations and conditions of the State Constitution or of the trust agreement relating to a trust fund, moneys available for investments under ss. 215.44-215.53 may be invested as follows: (1) Without limitation in: (a) Bonds, notes, or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full faith and credit of the state. (c) Bonds of the several counties or districts in the state containing a pledge of the full faith and credit of the county or district involved. (d) Bonds issued or administered by the State Board of Administration secured solely by a pledge of all or part of the 2 -cent constitutional fuel tax accruing under the provisions of s. 16, Art. IX of the State Constitution of 1885, as amended, or of s. 9, Art. XII of the 1968 revised State Constitution. (e) Bonds issued by the State Board of Education pursuant to ss. 18 and 19, Art. XII of the State Constitution of 1885, as amended, or to s. 9, Art. XII of the 1968 revised State Constitution, as amended. (f) Bonds issued by the Florida Outdoor Recreational Development Council pursuant to s. 17, Art. IX of the State Constitution of 1885, as amended. (g) Bonds issued by the Florida State Improvement Commission, Florida Development Commission, 1Division of Bond Finance of the 2Department of General Services, or Division of Bond Finance of the State Board of Administration. (h) Savings accounts in, or certificates of deposit of, any bank, savings bank, or savings and loan association incorporated under the laws of this state or organized under the laws of the United States doing business and situated in this state, the accounts of which are insured by the Federal Government or an agency thereof and having a prime quality of the highest letter and numerical ratings as provided for by at least one nationally recognized statistical rating organization, provided such savings accounts and certificates of deposit are secured in the manner prescribed in chapter 280. ',H~-//nmmr /""rT C't-.t"" f7 llC'/<;;:btlltp,,/inr1PY rfm?Ann monp=Dicml:w Statllte&Search StrinQ:=&URL=... 4/2/2007 Statutes & Constitution :View Statutes :->2006->Ch0215->Section 47 : Online Sunshine Page 2 of5 (i) Notes, bonds, and other obligations of agencies of the United States. (j) Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (k) Time drafts or bills of exchange drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are accepted by a member bank of the Federal Reserve System and are of prime quality of the highest letter and numerical ratings as provided for by at least one nationally recognized statistical rating organization. (l) Negotiable certificates of deposit issued by domestic or foreign financial institutions in United States dollars of prime quality of the highest letter and numerical ratings as provided for by at least one nationally recognized statistical rating organization. (m) Short-term obligations not authorized elsewhere in this section to be purchased individually or in pooled accounts or other collective investment funds, for the purpose of providing liquidity to any fund or portfolio. (n) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940,15 U.S.c. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. (2) With no more than 25 percent of any fund in: (a) Bonds, notes, or obligations of any municipality or political subdivision or any agency or authority of this state, if the obligations are rated investment grade by at least one nationally recognized statistical rating organization. (b) Notes secured by first mortgages, insured or guaranteed by the Federal Housing Administration or the United States Department of Veterans Affairs. (c) Mortgage securities which represent participation in or are collateralized by mortgage loans secured by real property. Such securities must be issued by an agency of or enterprise sponsored by the United States Government, including, but not limited to, the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. (d) Group annuity contracts of the pension investment type with insurers licensed to do business in this state which are rated investment grade by at least one nationally recognized rating service. (e) Certain interests in real property and related personal property, including mortgages and related instruments on commercial or industrial real property, with provisions for equity or income participation or with provisions for convertibility to equity ownership; and interests in collective investment funds. Associated expenditures for acquisition and operation of assets purchased under this provision or of investments in private equity or other private investment partnerships or limited liability companies shall be included as a part of the ......f-+_.I/T:"f/f~..H"I(...T l.....rr ,...f-......+......f1 H..../C'l.........+H+n.,.../~_r1~'T ,,~')^__ .........,.F"It..rlOlo-n~(""I_l.."T C+"tnto..P,Coru..,....l, C+-"";'no==A'rTIDr = 11/")/")(\(\7 Statutes & Constitution :View Statutes :->2006->Ch0215->Section 47 : Online Sunshine Page 3 of5 cost of the investment. 1. The title to real property acquired under this paragraph shall be vested in the name of the respective fund. 2. For purposes of taxation of property owned by any fund, the provisions of s. 126.L.l~2(2)(b) do not apply. 3. Real property acquired under the provisions of this paragraph shall not be considered state lands or public lands and property as defined in chapter 253, and the provisions of that chapter do not apply to such real property. (f) Fixed-income obligations not otherwise authorized by this section issued by foreign governments or political subdivisions or agencies thereof, supranational agencies, foreign corporations, or foreign commercial entities, if the obligations are rated investment grade by at least one nationally recognized rating service. (g) A portion of the funds available for investment pursuant to this subsection may be invested in rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel. (h) Obligations of agencies of the government of the United States, provided such obligations have been included in and authorized by the Florida Retirement System Defined Benefit Plan Investment Policy Statement established in s. 215.47~ (i) United States dollar-denominated obligations issued by foreign governments, or political subdivisions or agencies thereof, supranational agencies, foreign corporations, or foreign commercial entities. (j) Asset-backed securities not otherwise authorized by this section. (3) With no more than 80 percent of any fund in common stock, preferred stock, and interest-bearing obligations of a corporation having an option to convert into common stock, provided: (a) The corporation is organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; or (b) The corporation is listed on anyone or more of the recognized national stock exchanges in the United States and conforms with the periodic reporting requirements under the Securities Exchange Act of 1934. (c) Not more than 75 percent of the fund may be in internally managed common stock. The board shall not invest more than 10 percent of the equity assets of any fund in the common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock, of anyone issuing corporation; and the board shall not invest more than 3 percent of the equity assets of any fund in such securities of anyone issuing corporation except to the extent a higher percentage of the same issue is included in a nationally recognized market index, based on market values, at least as broad as the Standard and Poor's Composite Index of 500 Companies, or except upon a specific finding by the board that such higher percentage is in the best interest of the fund. (4) With no more than 80 percent of any fund, in interest-bearing obligations with a fixed maturity of any corporation or commercial entity within the United States. J..H_.//n~T~" 1~~ ~~~~~ n n~/C'+~+n+a"(~"'~av ~+~?^"'... ~^~a=n~C'",l.,,, ~t.,tl1taR,O:;;:p.,r"h O:;;:trincr=R,TrnT = .1/')/')(\(\7 Statutes & Constitution :View Statutes :->2006->Ch02l5->Section 47 : Online Sunshine Page 4 of5 (5) With no more than 25 percent of any fund in corporate obligations and securities of any kind of a foreign corporation or a foreign commercial entity having its principal office located in any country other than the United States of America or its possessions or territories, not including United States dollar-denominated securities listed and traded on a United States exchange which are a part of the ordinary investment strategy of the board. (6) With no more than 5 percent of any fund to be invested as deemed appropriate by the board, notwithstanding investment limitations otherwise expressed in this section. Prior to the board engaging in any investment activity not otherwise authorized under ss. 21.5...A.4-215.53, excluding investments in publicly traded securities, options, financial futures, or similar instruments, the board shall present to the Investment Advisory Council a proposed plan for such investment. Said plan shall include, but not be limited to, the expected benefits and potential risks of such activity; methods for monitoring and measuring the performance of the investment; a complete description of the type, nature, extent and purpose of the investment, including description of issuer, security in which investment is proposed to be made, voting rights or lack thereof and control to be acquired, restrictions upon voting, transfer, and other material rights of ownership, and the existence of any contracts, arrangements, understandings, or relationships with any person or entity (naming the same) with respect to the proposed investment; and assurances that sufficient investment expertise is available to the board to properly evaluate and manage such activity. The Investment Advisory Council may obtain independent investment counsel to provide expert advice with regard to such proposed investment activity by the board, and the board shall defray such costs. (7) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidences of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (8) Investments in any securities authorized by this section may be under repurchase agreements or reverse repurchase agreements. (9) Investments made by the State Board of Administration shall be designed to maximize the financial return to the fund consistent with the risks incumbent in each investment and shall be designed to preserve an appropriate diversification of the portfolio. The board shall discharge its duties with respect to a plan solely in the interest of its participants and beneficiaries. The board in performing the above investment duties shall comply with the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.c. s. 1104(a)(1 )(A) through (C). In case of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this subsection shall prevail. (10) The board is authorized to buy and sell futures and options, provided the instruments for such purpose are traded on a securities exchange or board of trade regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission, unless the board by rule authorizes a different market. (11) The board is authorized to invest in domestic or foreign notional principal contracts. (12) The State Board of Administration, consistent with sound investment policy, may pledge up to 2 percent of the assets of the Florida Retirement System Trust Fund as collateral for housing bonds issued by the State of Florida or its political subdivisions under chapter 159, part V of chapter 420, or chapter 421 as a supplemental income program for the system. With regard to any collateral program, the State Board of Administration is 1-.H.....//"n>"" 1"...... C't"t". f111C'/<;:!t"tllt".C'/;.,,-l,,.v ,..fn,']An., .,.,,...,-lp=n;,,.,l,,,v ~t",tlltpA'r~p"'r('h~tr;no=A'rTTRT= Ll/?/?007 Statutes & Constitution :View Statutes :->2006->Ch02l5->Section 47 : Online Sunshine Page 5 of) authorized to coordinate or retain other governmental entities of the State of Florida or private entities to administer this program, as well as receive fees for the use of the designated collateral. (13) The State Board of Administration, consistent with sound investment policy, may invest the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to s. 339.135(6)(b). Such investment shall be limited as provided in s. 288.9607(7). (14) With no more than 5 percent of any fund in private equity through participation in limited partnerships and limited liability companies. (15) The State Board of Administration is authorized to invest in domestic and foreign group trusts. (16) Securities or investments purchased or held under the provisions of this section may be loaned to securities dealers or financial institutions, provided the loan is collateralized by cash or securities having a market value of at least 100 percent of the market value of the securities loaned. (17) The State Board of Administration may sell short any of the securities and investments authorized under this section. History.--s. 5, eh. 57-353; s. 1, eh. 61-462; s. 1, eh. 63-341; s. 1, eh. 63-446; s. 1, eh. 65-551; s. 2, eh. 67-354; ss. 22, 35, eh. 69-106; s. 18, eh. 69-216; s. 1, eh. 70-47; ss. 1,2, eh. 73-183; s. 65, eh. 73-333; s. 14, eh. 77- 301; s. 2, eh. 79-262; s. 1, eh. 80-317; s. 123, eh. 81-259; s. 3, eh. 82-45; s. 35, eh. 83-3; s. 16, eh. 83-215; s. 1, eh. 83-229; s. 2, eh. 83-270; s. 1, eh. 84-137; s. 1, eh. 84-166; s. 213, eh. 85-342; s. 54, eh. 86-152; s. 3, eh. 86- 236; s. 5, eh. 88-171; s. 2, eh. 88-385; s. 2, eh. 89-299; s. 26, eh. 91.244; s. 150, eh. 92-279; s. 8, eh. 92-312; s. 55, eh. 92-326; s. 5, eh. 93-162; s. 45, eh. 93-187; s. 64, eh. 93-268; s. 2, eh. 94-264; s. 5, eh. 94.332; s. 130, en. 95-417; s. 5, eh. 96-177; s. 2, en. 98-47; s. 5, en. 2004-71; s. 6, eh. 2005-253; s. 3, eh. 2.006-205. 1 Note.--Transferred to the State Board of Administration by s. 2, eh. 92-279. 2Note.--Redesignated as the Department of Management Services by s. 4, eh. 92-279. Copyright (Q 1995-2006 The Florida Legislature. Privacy Statement. Contact Us httn'//wU11V JAO'c::tatA f111,,!.~tMllt~,,/inoexcfm?Ann mooe=Disnlav Statute&Search String:=&URL=... 4/2/2007 "'."~:"_""",".~"",;i;.~>O\ltliIt~"~:i;i;*""""",^;,~,__",,,;_~,,,,,,_,<~",,,,,,",;-,,,;;",,",'c"",...;;:W"",*'"",""..,',,-= Statutes & Constitution :View Statutes: Online Sunshine Page I of 3 Select Year: 2006 . [Go I The 2006 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.661 Investment policies. --Investment of the assets of any local retirement system or plan must be consistent with a written investment policy adopted by the board. Such policies shall be structured to maximize the financial return to the retirement system or plan consistent with the risks incumbent in each investment and shall be structured to establish and maintain an appropriate diversification of the retirement system or plan's assets. (1) SCOPE.--The investment policy shall apply to funds under the control of the board. (2) INVESTMENT OBJECTIVES,--The investment policy shall describe the investment objectives of the board. (3) PERFORMANCE MEASUREMENT,--The investment policy shall specify performance measures as are appropriate for the nature and size of the assets within the board's custody, (4) INVESTMENT AND FIDUCIARY STANDARDS.--The investment policy shall describe the level of prudence and ethical standards to be followed by the board in carrying out its investment activities with respect to funds described in this section. The board in performing its investment duties shall comply with the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.c. s. 1104(a)(1)(A)-(C). In case of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this section shall prevail. (5) AUTHORIZED INVESTMENTS,-- (a) The investment policy shall list investments authorized by the board. Investments not listed in the investment policy are prohibited. Unless otherwise authorized by law or ordinance, the investment of the assets of any local retirement system or plan covered by this part shall be subject to the limitations and conditions set forth in s. 215.47(1 )-(8), (10), and (16). (b) If a local retirement system or plan has investments that, on October 1, 2000, either exceed the applicable limit or do not satisfy the applicable investment standard, such excess or investment not in compliance with the policy may be continued until such time as it is economically feasible to dispose of such investment. However, no additional investment may be made in the investment category which exceeds the applicable limit, unless authorized by law or ordinance. http://www.Ieg.state.fl.us/statutes/index.cfm ?mode=View%20Statutes&SubMenu= 1 &App." 3/26/2007 Statutes & Constitution :View Statutes: Online Sunshine Page 2 on (6) MATURITY AND LIQUIDITY REQUIREMENTS, --The investment policy shall require that the investment portfolio be structured in such manner as to provide sufficient liquidity to pay obligations as they come due. To that end, the investment policy should direct that, to the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash-flow requirements. (7) PORTFOLIO COMPOSITION.--The investment policy shall establish guidelines for investments and limits on security issues, issuers, and maturities. Such guidelines shall be commensurate with the nature and size of the funds within the custody of the board, (8) RISK AND DIVERSIFICATION.--The investment policy shall provide for appropriate diversification of the investment portfolio, Investments held should be diversified to the extent practicable to control the risk of loss resulting from overconcentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which financial instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically, as deemed necessary by the board. (9) EXPECTED ANNUAL RATE OF RETURN.--The investment policy shall require that, for each actuarial valuation, the board determine the total expected annual rate of return for the current year, for each of the next several years, and for the long term thereafter. This determination must be filed promptly with the Department of Management Services and with the plan's sponsor and the consulting actuary, The department shall use this determination only to notify the board, the plan's sponsor, and consulting actuary of material differences between the total expected annual rate of return and the actuarial assumed rate of return. (10) THIRD-PARTY CUSTODIAL AGREEMENTS. -- The investment policy shall provide appropriate arrangements for the holding of assets of the board. Securities should be held with a third party, and all securities purchased by, and all collateral obtained by, the board should be properly designated as an asset of the board, No withdrawal of securities, in whole or in part, shall be made from safekeeping except by an authorized member of the board or the board's designee. Securities transactions between a broker-dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. (11) MASTER REPURCHASE AGREEMENT.--The investment policy shall require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (12) BID REQUIREMENT, --The investment policy shall provide that the board determine the approximate maturity date based on cash.flow needs and market conditions, analyze and select one or more optimal types of investment, and competitively bid the security in question when feasible and appropriate. Except as otherwise required by law, the most economically advantageous bid must be selected. (13) INTERNAL CONTROLS,,, The investment policy shall provide for a system of internal controls and operational procedures, The board shall establish a system of internal controls which shall be in writing http://www.leg.state.n.us/statutes/index.cfm ?mode=V iew%20Statutes&SubMenu= 1 &App,., 3/26/2007 Statutes & Constitution :View Statutes: Online Sunshine Page 3 of3 and made a part of the board's operational procedures. The policy shall provide for review of such controls by independent certified public accountants as part of any financial audit periodically required of the board's unit of local government. The internal controls should be designed to prevent losses of funds which might arise from fraud, error, misrepresentation by third parties, or imprudent actions by the board or employees of the unit of local government. (14) CONTINUING EDUCATION,-.The investment policy shall provide for the continuing education of the board members in matters relating to investments and the board's responsibilities. (15) REPORTING.--The investment policy shall provide for appropriate annual or more frequent reporting of investment activities. To that end, the board shall prepare periodic reports for submission to the governing body of the unit of local government which shall include investments in the portfolio by class or type, book value, income earned, and market value as of the report date. Such reports shall be available to the public. (16) FILING OF INVESTMENT POLlCY.--Upon adoption by the board, the investment policy shall be promptly filed with the Department of Management Services and the plan's sponsor and consulting actuary. The effective date of the investment policy, and any amendment thereto, shall be the 31st calendar day following the filing date with the plan sponsor. (17) VALUATION OF ILLIQUID INVESTMENTS.--The investment policy shall provide for the valuation of illiquid investments for which a generally recognized market is not available or for which there is no consistent or generally accepted pricing mechanism. If those investments are utilized, the investment policy must include the criteria set forth in s. 215.47(6), except that submission to the Investment Advisory Council is not required. The investment policy shall require that, for each actuarial valuation, the board must verify the determination of the fair market value for those investments and ascertain that the determination complies with all applicable state and federal requirements. The investment policy shall require that the board disclose to the Department of Management Services and the plan's sponsor each such investment for which the fair market value is not provided, History.us. 2, ch. 2000-264. Copyright [i 1995- 2006 The Florida Legislature. Privacy Statement. Contact Us http://www.leg.state.fl.us/statutes/index.cfm ?mode= V iew%20Statutes&SubMenu= 1 &A pp." 3/26/2007 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtH XII. - LEGAL ITEM E.! Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ~ April 17, 2007 April 2, 2007 (Noon.) D D May 1, 2007 April 16,2007 (Noon) D D May 15, 2007 Apri130,2007 (Noon) D D June 5, 2007 May 14, 2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19,2007 June 4,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D w c.n c:T"I ::J n-1 .-;-< -<0 :)" . --- c:;J ";"0 .~-:'J -< ~':= . .'.~ '-1 "0 :.~::::: 'q :::'2 g:; "~l> i ( 1("') - July 3, 2007 June 18,2007 (Noon) 5 August 7, 2007 July 16,2007 (Noon) -- -'- "~J1 SO N 1...0 July 17, 2007 July 2,2007 (Noon) v RECOMMENDATION: Approve Agreement for Mitigation of Roadway Improvements between the City of Boynton Beach, Florida and Boynton Industrial, LLC., EXPLANATION: The Developer submitted an application to the City for approval of plans to construct approximately 133,911 sq ft of warehouse/light industrial "flex-space" on certain property within the City's M-l Light Industrial zoning district located at 514-518 West Ocean Avenue, On October 17, 2006, the City Commission approved the proposed project with a designated truck access to the project along West Ocean Drive. The City Commission reconsidered their approval and on January 2, 2007, the Commission re-approved the proposed project and reinstated the Developer's Development Order without change to the Designated Truck Route. This Agreement will acknowledge the Developer's right to proceed with development of the proposed project without regard to the City's plans to construct the necessary roadway improvements to the Designated Truck Route or the Northern Access Route. It also sets forth the City's obligations with respect to the construction of the Northern Access Route. PROGRAM IMP ACT: The commitment by the City to build the northern access route requires City staff to reallocate staff resources to this work from other projects. Therefore, the CIP that will be part of the 2007/08 budget submittal is now being revised to reflect the cost and the impact on staff time that can be devoted to this, and other, capital projects. City staff is proceeding cautiously with project design to ensure that the northern access route is constructed in a time frame that closely coincides with occupancy of the Ocean 95 project. Staff will ensure that the Ocean 95 project is one that will commence prior to the expenditure of significant tax dollars, FISCAL IMPACT: $750,000 has been allocated in the Capital Improvement Plan for this work beginning in fiscal Year 2007/08. AL TERNA TIVES: Do not approve the agreement and instead require the Developer to fund and construct improvements to O"an Dm' that "'? n,,,,,,'1' tn ,apport t "an 95 pwj'''_ ~ e Head's Si - City Manager's Signature Public Works Assistant to City Manager ". \. ~--~ CM./ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR AND CITY CLERK TO EXECUTE AN 6 AGREEMENT FOR MITIGATION OF ROADWAY 7 IMPROVEMENTS BETWEEN THE CITY OF BOYNTON 8 BEACH AND BOYNTON INDUSTRIAL LLC., TO 9 ACKNOWLEDGE THE PARTIES' RIGHTS AND 10 OBLIGATIONS WITH RESPECT TO CONSTRUCTION 11 OF THE NORTHERN ACCESS ROUTE AND THE 12 PROPOSED PROJECT; AND PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, on October 17, 2006, the City Commission approved the proposed 16 project with a designated truck access to the project along West Ocean Drive; and 17 WHEREAS, the City Commission reconsidered their approval and on January 2, 18 2007, re-approved the proposed proj ect and reinstated Developer's Development Order 19 without change to the Designated Truck Route; and 20 WHEREAS, the Agreement will acknowledge Developer's right to proceed with 21 development of the proposed project without regard to the City's plans to construct the 22 necessary roadway improvements to the Designated Truck Route or the Northern Access 23 Route and sets forth the City's obligations with respect to the construction of the Northern 24 Access Route; and 25 WHEREAS, the City Commission upon recommendation of staff, deems it 26 appropriate to approve and authorize the Mayor and City Clerk to enter into the Agreement for 27 Mitigation of Roadway Improvements between the City of Boynton Beach and Boynton 28 Industrial LLC, 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA.RESO'Agreements\Ocean 95 Mitigation of Roadway.doc 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize the Mayor and City Clerk to enter into the Agreement for 6 Mitigation of Roadway Improvements between the City of Boynton Beach and Boynton 7 Industrial LLC, a copy of which is attached hereto and made a part hereof as Exhibit "A". 8 Section 3. This Resolution shall become effective immediately upon passage. 9 PASSED AND ADOPTED this _ day of April, 2007, 10 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor - Jerry Taylor 15 16 17 Vice Mayor - Jose Rodriguez 18 19 20 Commissioner - Ronald Weiland 21 22 23 Commissioner - Mack McCray 24 25 26 Commissioner - Carl McKoy 27 28 ATTEST: 29 30 31 32 Janet Prainito, City Clerk 33 34 35 (Corporate Seal) 36 S:\CA\RESO\Agreements\Ocean 95 Mitigation of Roadway.doc -----Original Message----- From: Michael Marshall [mailto:mmarshall@siemonlarsen.com] Sent: Thursday, February 01, 2007 1:27 PM To: Jim Cherof Cc: Charlie Siemon; Crockett Farnell; Maria Spiliopoulos; bmasi@genesisdevelopment.org Subject: Development Agreement -- Ocean Ave. Mr. Cherof for your review is a draft of the Development Agreement that we have prepared for the Ocean Ave. Industrial project, City File Number NWSP 06-020, that was approved again by the City Commission on January 2, 2007. Please review and let me know if you have any questions. Thank you for your cooperation. <<Ocean Ave Development Agreement 2-1-07.pdf>> J. Michael Marshall Siemon & Larsen, PA Land Use Planners & Attorneys 433 Plaza Real, Suite 339 Boca Raton, Florida 33432 561.368.3808 5 6 1 . 3 6 8 . 4 0 0 8 ( fax ) mmarshall@siemonlarsen.com The information contained in this e-mail and any attachments hereto are for the exclusive use of the addressee and may contain confidential, privileged and nondisclosable information. If the recipient of this e- mail is not the addressee, or a person responsible for delivering this e-mail to the addressee, such recipient is strictly prohibited from reading, printing, photocopying, distributing or otherwise using this e-mail or any attachments hereto in any way. If the recipient has received this e-mail in error, please send return e-mail immediately notifying us of your receipt of this e-mail and delete the e-mail from your inbox. Thank you. CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM TO: Jim Cherof, City Attorney ~"! ,./.' ,.- -, " / //. y1 / / .- Jeffrey R. Livergood, Director of Public Works and Engineering ~. ;;:}:;/. .,/ ,/ ().' ,/ -- L. February 6, 2007 FROM: DATE: SUBJECT: Development Agreement, Boynton Beach Industrial, LLC I have reviewed the proposed agreement between the City of Boynton Beach and Boynton Beach Industrial, LLC. This agreement has been requested by the developer in order to assure that certain off site improvements will be constructed by the City of Boynton Beach, at partial developer expense, in order to support traffic generated by the proposed industrial project on Ocean Avenue, east of the CSX Railroad. I have a number of comments and questions that I believe should be considered and incorporated into the agreement. These comments are as follows: 1. Paragraph 2.01 provides that the City will "cooperate with an expeditious permitting and inspection program for the Proposed Project". Any expeditious review is not part of an agreement about off site improvements. Furthermore, the agreement does not provide standards whereby an expeditious review can be measured. 2. I am concerned about several references to timing of City construction of the northern route. Paragraph 2.01 states that the City "shall use its best efforts" to complete either the northern route, or the designated truck route prior the developer obtaining a certificate of occupancy. I don't think the language is particularly onerous but it does merit scrutiny. 3. TIMING. I have concerns about our overall process and timing for City construction. My concerns may not be pertinent to this agreement though. What happens if the developer decides to delay construction like numerous other projects have been delayed? The City will certainly not want to be expending dollars only to have the project delayed. I recommend that the City proceed with design of the northern access route but hold off on property acquisition and construction until such time that building permits are issued for the development and construction of the development begins. I am concerned that the City could expend significant dollars on this project only to the have the developer abandon the project due to market conditions. This is typically why developers are responsible to construct all off site improvements. 4. Paragraph 2.06 once again suggests that the City will "cooperate and coordinate" all permit applications for the Proposed Project. This is not material to an agreement about off site improvements being constructed by the City. 5. Paragraph 2.07 states that the developer shall not be required to enforce truck traffic restrictions, I think the developer should be required to define the truck route as part of their property sales transacti ons. 6. Paragraph 2.08, from my technical perspective, appears to be very restrictive, or could be used against the City for even minor perceptions of "impairment to the Project Site". 7. Paragraph 3.01, The City Commission did not approve plans and specifications therefore this paragraph should be stricken, 8. Both paragraphs 3.01 and 3,02 reference the words "If the developer elects to proceed". This language strengthens my concern about the City being too far ahead of the developer with our off site improvements. See comments #3 above. 9. VERY IMPORTANT. This agreement should expire if the City Commission Development Order expires. Should the Development Order expire, OR NOT BE EXTENDED by the City Commission, then this agreement shall become null and void regardless of whether the developer has assigned his rights according to paragraph 5.01. Please consider incorporating my comments into the final agreement to be presented to the City Commission. AGREEMENT FOR MITIGATION OF ROADWAY IMPROVEMENTS between THE CITY OF BOYNTON BEACH, FLORIDA and BOYNTON INDUSTRIAL LLC THIS AGREEMENT for Mitigation of Roadway Improvements ("Agreement") is made as of this day of ' 2007, by and between THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation (the "City"), and BOYNTON INDUSTRIAL LLC, a Florida limited liability company (the "Developer"). WHEREAS, the Developer submitted an application to the City for approval of plans to construct approximately 133,911 square feet of warehonse/light industrial "flex- space" on certain property within the City's M-l Light Industrial zoning district (the "Proposed Project"). The property is located south of the east end of West Ocean Avenue and situated between the C.S.X. Railroad tracks and right-of-way for Interstate 95 (the "Project Site"). The address of the Project Site is 514-518 West Ocean Avenue, Boynton Beach, Florida. WHEREAS, the City has determined that the Proposed Project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public hearing on October 17, 2006, the City Commission approved the Proposed Project with a designated truck access to the Project Site along West Ocean Drive, as shown on Exhibit A (the "Designated Truck Route"), and granted a Development Order in favor of the Developer; WHEREAS, the City Commission subsequently voted to reconsider approval of the Proposed Project and to explore options for alternative truck routes; WHEREAS, at a duly called public meeting on January 2, 2007, the City Commission re-approved the Proposed Project and reinstated the Developer's Development Order without change to the Designated Truck Route; WHEREAS, as a condition of approval, the Developer has agreed to pay funds to the City for certain off-site roadway improvements to the Designated Truck Route; WHEREAS, on January 2, 2007, the City Commission also passed a motion to proceed with constructing a new roadway that would extend Industrial Avenue along the north side of Boynton Beach Boulevard and pass underneath Boynton Beach Boulevard to connect with Northwest 6th Street near the Project Site ("Northern Access Route"); WHEREAS, the City has agreed that it shall be responsible for all costs and other obligations associated wi th the construction of the Northern Access Route, i ncJ ud ing the acquisition of all necessary rights-of-way, except as provided in this Agreement, and that the Developer's plans to proceed with construction of the Proposed Project shall not be dependent upon the City's ability to implement the Northern Access Route; WHEREAS, the Developer has agreed that the Northern Access Route shall serve as the replacement designated truck route for the Proposed Project if and when the City constructs the new roadway, but until such time as the Northern Access Route is completed, the Designated Truck Route shall continue to be utilized as such; WHEREAS, the City has agreed to enter this Agreement with the Developer and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1: PURPOSE OF AGREEMENT AND COOPERATION OF PARTIES. 1.01. Purpose of Agreement. The purpose of this Agreement is to acknowledge the Developer's right to proceed with development of the Proposed Project without regard to the City's plans to construct the necessary roadway improvements to the Designated Truck Route or the Northern Access Route. The Agreement also sets forth the City's obligations with respect to the construction of the Northern Access Route and provides that the Developer shall not be required to pay funds or otherwise participate in the construction of the Northern Access Route except as explicitly provided herein. 1.02. Cooperation of the Parties. The City and the Developer recognize that the Successful development of the Proposed Project and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby. ARTICLE 2: CITY'S OBLIGATIONS 2.01. Timely Completion of Roadway Improvements. The City recognizes the importance of the timely completion of the Proposed Project, and time is deemed to be of the essence. The City considers this Agreement as overall authority Developer to proceed to obtain all and certificates of a~ee~......~o Pro'Pose:d;P The City agrees to use its best efforts to complete either the necessary roadway improvements to the Designated Truck Route or the Northern Access Route on or before the date of issuance of the final certificate of occupancy for the Proposed Project. However, the Developer's right to obtain a certificate of occupancy for the Proposed Project shall not be conditioned in any manner upon the City's completion of either the improvements to the Designated Truck Route or the Northern Access Route. JL - Any expeditious review is not part of an agreement about off site improvements. Further, the agreement does not provide standards whereby an expeditious review can be measured. JL - Concerned about references to timing of City construction of the northern route. Concerns regarding overall process and timing for City construction, Jeffs concerns may not be pertinent to this agreement though. What happens if the developer decides to delay construction like numerous other projects have been delayed? The City will certainly not want to be expending dollars only to have the project delayed. I recommend that the City proceed with design of the northern access route but hold off on property acquisition and construction until such time that building permits are issued for the development and construction ofthe development begins. I am concerned that the City could expend significant dollars on this project only to the have the developer abandon the project due to market conditions. This is typically why developers are responsible to construct all off site improvements. 2.02. Acquisition of Rights-of-Way for Northern Access Route. The City shall be solely responsible for purchasing the required property and obtaining all rights- of-way for the Northern Access Route. 2.03. Construction of Northern Access Route. The City shall be solely responsible for paying all costs associated with the design and construction of the Northern Access Route. 2.04. Design Coordination. The City agrees to reasonably cooperate and coordinate the design of the Northern Access Route adjacent to the Project Site, such that the design of the Northern Access Route integrates in a reasonable manner with the design of the Proposed Project. 2.05. Construction Sequencing. The City shall construct right of way improvements to the Designated Truck Route, or the Northern Access Route, as applicable, in a manner and fashion which will not unreasonably restrict access to the Project Site on or after the date the Developer commences construction of the Proposed Project. 2.06. Permits. The City will 9~~Pt1J''''r()()rdinate with the Developer with regard to all petnlitaru)li<:~tiQllsfQ~i~~I~r edProj.ect, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process for the Proposed Project without regard to the design or construction of the improvements to the Designated Truck Route or the Northern Access Route. JL - Not material to an agreement about off site improvements being constructed by the City. 2.07. Use of Northern Access Route. In the event the City builds the Northern Access Route, the City shall mark the Northern Access Route with appropriate signage as being t~e ~ewly desigt1atedtruckro~te. to the~rojectSite,?~ttl1tDevet()pershal1 not be req1.lired.t~'enforce. su<:huse.by vehi91es.",cct1s~ing'tht1~1"~j.e9tSite. JL - The Developer should be required to define the truck route as part of their property sales transactions. 2.08. City Covenants. The City shall not permit, commit, or suffer any waste or impa.i.~ellt1othe.P~ojectSite, nor shall the City request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Proposed Project. The City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. JLm Paragraph looks very restrictive or could be used against the City for even minor perceptions of "impairment to the Project Site." 2.09. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. ARTICLE 3: DEVELOPER'S OBLIGATIONS 3.01. Development of the Proposed Project. If the Developer elects to proceed with developing the Proposed Project, the Proposed Project shall be built in accordance with the pla.Ilsaridspecifica.tiQll$a.pproye.d.hyl CityCoI).J.t"l1i~sion for the "Ocean 95 Exchange Park," dated _ by (City File Number NWSP 06-020), as such plans and specifications may be modified during the permitting process. JL City Commission did not approve plans and specifications therefore this paragraph should be stricken. 3.02. Developer's Share of Roadway Improvements. If the developer elects to proceed with development of the Proposed Project, the Developer shall be responsible for paying $115,000 to the City for off-site roadway improvements ("Developer's Share"). The Developer's Share represents the difference between a total cost of $130,000 for all off-site roadway improvements to the Designated Truck Route and the City's responsibility of paying $15,000 for the resurfacing of Ocean Drive. If the developer elects to proceed with development of the Proposed Project, payment of the Developer's Share shall be made to the City upon the City's commencement of construction of the improvements to the Designated Truck Route, the City's commencement of construction of the Northern Access Route, or at the time of the City's issuance of a certification of occupancy to the Developer, whichever occurs first. JL - Both paragraphs 3.01 and 3.02 reference the words "If the developer elects to proceed". This language strengthens my concern about the City being too far ahead of the developer with our off site improvements. See comments #3 above. 3.03 Supercedes Development Order. The Developer's obligations set forth in Section 3.02 of this Agreement shall supercede and replace Item # 2, "Public Works - Traffic," on Exhibit "C," "Conditions of Approval," attached to the City's Development Order for the Proposed Project. ARTICLE 4: DEFAULT; VENUE 4.01. Default. In the event the City or the Developer fails to perform or comply with any material provision of this Agreement applicable to it, then the non-defaulting party shall be entitled to initiate an action at law or equity seeking all remedies to which it is lawfully entitled. The non-defaulting party's suspension of, or delay in, the performance of its obligations while the other party is in default of its obligations hereunder shall not be deemed to be an event of default. 4.02. Non Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 4.03. Venue; Submission to Jurisdiction. (a) For purposes of any suit action, or other proceeding ansmg out of or relating to this Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Palm Beach County, Florida. (b) Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Palm Beach County and any federal courts having jurisdiction, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subj ect matter thereof may not be enforced in or by such courts. (c) If at any time during the term of this Agreement the Developer (or any of its permitted successors and assigns) is not a resident of Florida and, to the extent required by law, does not register with the State of Florida the identity and location within the State of its registered agent for purposes of service of process and, otherwise has no officer, employee or other agent available for service of process within the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City arising out of or relating to this Agreement, and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in Section 5.04. 4.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by both equally. ARTICLE 5: MISCELLANEOUS 5.01. Assignments by Developer. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Proposed Project or the Project Site, or any part thereof, provided that, to the extent the purchaser or assignee wishes to exercise the rights of the Developer under this Agreement, such purchaser or assignee must assume the Developer's obligations under and must agree to be bound by the terms of this Agreement. If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. JL - VERY IMPORTANT. This agreement should expire if the City Commission Development Order expires. Should the Development Order expire, OR NOT BE EXTENDED by the City Commission, then this agreement shall become null and void regardless of whether the developer has assigned his rights according to 5.01. 5.02. Assignments by the City. The City shall have no right to assign its rights under this Agreement to any person except upon the prior written consent of the Developer. 5.03. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. 5.04. Notices. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: Edward Masi Boynton Industrial LLC 565 East Hillsboro Boulevard Deerfield Beach, Florida 33441 with copies to: Charles L. Siemon, Esquire Siemon & Larsen, P.A. Mizner Park 433 Plaza Real Suite 339 Boca Raton, Florida 33432 To the City: City of Boynton Beach, Florida P.O. Box 310 Boynton Beach, Florida 33425-0310 Attn: City Manager with copies to: James Cherof, Esquire City Attorney Goren Cherof Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308-4311 Notices given by courier service or by hand delivery shall be deemed received upon delivery, and notices given by mail shall be deemed received on the third (3rd) business day after mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 5.05. Complete Agreement. This Agreement, and all the terms and provisions contained herein, including, without limitation, the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. Any provision of this Agreement shall be read and applied in pari materia with all other provisions hereof. 5.06. Amendment. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto, 5.07. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 5.08. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 5.09. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 5.10. Effective Date. The Effective Date shall be the date as of which the last party to this Agreement affixes that party's signature to this Agreement, which shall also serve as the effective date for the City's Development Order for the Proposed Project. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals below. [signature pages to follow] CITY OF BOYNTON BEACH, FLORIDA Attest: By: Janet Prainito, City Clerk By: Jerry Taylor, Mayor Approved as to form: By: James Cherof City Attorney State of Florida ) County of Palm Beach ) The foregoing instrument was acknowledged before me this day of , 2007, by Jerry Taylor and Janet Prainito, Mayor and City Clerk, respectively, for the City of Boynton Beach, Florida, on behalf of the City. Signature of Notary Public My Commission Expires: Printed, typed or stamp BOYNTON INDUSTRIAL LLC Attest: By: By Edward Masi as Managing Member Genesis Boynton Industrial LLC as Managing Member Boynton Industrial LLC Print Name State of Florida County of Palm Beach ) ) The foregoing instrument was acknowledged before me this day of , 2007, by Edward Masi as Managing Member of Genesis Boynton Industrial LLC, a Florida limited liability company, as Managing Member of Boynton Industries LLC, a Florida limited liability company, who is personally known to me or who produced as identification, Signature of Notary Public My Commission Expires: Printed, typed or stamp