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Agenda 02-19-08 The City of B""'" t B'.. , , I~i .... ."."', ", ", ..:!" "C"" '::" ., i'" ,', ,.., ,. " l ,s'" ~:)oyn L n E;e 100 E. Boynton Beach Boulevard. (561) 742-6000 h City Commission REVISED AGENDA FEBRUARY 19, 2008 Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I DISTRI T I Jose Rodriguez Vice Mayor Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager 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 PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, 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 February 19, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father William Stomski, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. An nou ncements: None B. Community and Special Events: 1. Boynton Beach Heritage Celebration Concert - February 23, 2008, on East Ocean Avenue between Sea crest and NE 1st Street from 7 p.m. to 10 p.m. The FREE concert will feature The Commodores. C. Presentations: 1. Proclamations None 2. Presentation of the American Assembly Neighborhood Revitalization & Affordable Housing Subcommittee. 3. Presentation by Gary Solomon representing the Sand Sifters for their "Be Green, Start Clean" campaign. 1 Agenda Regular City Commission Boynton Beach, FL. February 19, 2008 IV. PUBUC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE UMITED 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. Appointments: Appointment Length of Term To Be Made Board Exoiration Date III Rodriguez Arts Commission Alt 1 yr term to 12/08 Tabled (2) IV Ross Arts Commission Alt 1 yr term to 12/08 Tabled (2) II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2) II II Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2) I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (2) II Hay Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Community Relations Board Alt 3 yr term to 12/10 Tabled (2) III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (2) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/08 Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 I Weiland Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Planning & Development Bd. Alt 1 yr term to 12/08 II Hay Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 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. Retreat - February 1, 2008 2 Regular City Commission - February 5, 2008 2 Agenda Regular City Commission Boynton Beach, FL. February 19, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "TWO-YEAR BID FOR THE PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid #016- 1412-08/JA, to various vendors with an estimated two year expenditure of $85,000. C. Resolutions 1. Proposed Resolution No. R08-020 RE: Approving and authorizing execution of the Collective Bargaining Agreement between the City of Boynton Beach and the, SEIU Florida Public Services Union, CTW, CLC Blue collar Bargaining Unit. 2. Proposed Resolution No. R08-02l RE: Approving and authorizing execution of an Agreement with Palm Beach County Information Systems Services (ISS) and the Palm Beach County Property Appraiser (Appraiser) for the Assignment of Computer Data. 3. Proposed Resolution No. R08-022 RE: Approving and authorizing execution of an Interlocal Agreement for law enforcement services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administering of the Manatee Protection Conservation Program. 4. Proposed Resolution No. R08-023 RE: Approving and authorizing execution of a Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions on property located at 1950 S. Federal Highway for the purpose of installation of a traffic signal pole to provide emergency Fire Station #4 exiting onto S. Federal Highway. 5. Proposed Resolution No. R08-024 RE: Approving and authorizing execution of a contract between Boynton Beach CRA and the City of Boynton Beach for a live fire training burn of the buildings located at 103 NE 4th Avenue. 6. Proposed Resolution No. R08-025 RE: Approving the creation of a City Green Task Force to oversee the process of improving and sustaining the environmental needs of Boynton Beach, and to make recommendations to the City Commission regarding environmental sustainability . 7. Proposed Resolution No. R08-026 RE: Approving and authorizing execution of an Agreement with ZGolf Food & Beverage, LLC, to provide an on-site review of the food and beverage operations at The Links at Boynton Beach. The cost of the review is $6,500. 3 Agenda Regular City Commission Boynton Beach, FL. February 19, 2008 8. Proposed Resolution No. R08-027 RE: Approving and authorizing execution of the 2nd final renewal of 18 consultant agreements issued under RFQ #065-2821-03/0D and renewal #028- 2821-06/0D as allowed in the agreement, for water plant expansion and capacity replacement, wellfield development and hydrogeology services, infrastructure improvements and ancillary studies and services. D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. E. Authorize the use of $2,473.88 of Commissioner Ross's Community Investment Funds for reimbursement of filing fees for building permits the Chamber of Commerce needed for their new Chamber of Commerce Visitor Center, Renaissance Commons. F. Authorize the use of $500 from Commissioner Hay's Community Investment Funds for the Boynton Beach All-Star Cheerleading squad for two teams of 32 cheerleaders to help defray competition expenses. G. Authorize the use of $500 from Commissioner Hay's Community Investment Fund for reimbursement of hotel accommodations to St. John Missionary Baptist Church for the Watoto Children's Choir. H. Accept the written report to Commission of purchases over $10,000 for the months of November 2007, December 2007 and January 2008. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: The Learning Place (SPTE 08-001) Agent: Scott and Cathy Freeland Owner: Scott and Cathy Freeland Location: 8518 Lawrence Road, immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal Description: Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18, 2005 for a 7,800 square foot day care center, thereby extending approval from October 18, 2007 to October 18, 2008. 4 Agenda Regular City Commission Boynton Beach, FL. February 19, 2008 B. Project: Agent: Owner: Location: Description: c. Project: Agent: Description: Heatherlake at the Meadows (MPMD 08-001) Alex Gonzalez/Heatherlake Home Owners Association N/A Meadows PUD; east side of Meadows Blvd., west of Congress Avenue Request for master plan modification of the Heatherlake at the Meadows PUD to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear yard setback for pools from twelve (12) feet to six (6) feet, for lake front lots. Amendment to Workforce Housing Ordinance (CDRV 08- 001) City-initiated Request to amend Chapter 20. Building, Housing and Construction Regulations, Article X. Section 3 and Section 4, clarifying applicability conditions and unit type requirements. (1st Reading Proposed Ordinance No. 08-004) IX. CITY MANAGER'S REPORT: A. Review new resolution for enclave annexation (Proposed Resolution R08- 028) X. FUTURE AGENDA ITEMS: A. Discussion of funding electronic agenda software B. Discussion of disposition of Old High School - April 2008 (CRA reviewing in March) 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. 08-003 RE: Amending Article I of Chapter 2 and Section 2-13.2(b) relating to the Community Redevelopment Agency to provide for new boundaries. 5 Agenda Regular City Commission Boynton Beach, FL. February 19, 2008 C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None 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 MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 2/15/2008 12:21 PM 5: \CC\ WP\CCAGENDA \AGEN DAS\y ear 2008\021908.doc 6 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 Meeting Dates in to City Clerk's Office o December 18,2007 December 3, 2007 (Noon) 12:1 February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon) o February 5, 2008 January 14,2008 (Noon) o April 1,2008 March 17,2008 (Noon) 12:1 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Announce the upcoming Boynton Beach Heritage Celebration Concert. EXPLANATION: On Saturday, February 23, 2008 there will be a FREE Concert, featuring The Commodores, on East Ocean A venue between Seacrest and NE 1 st Street. The concert will take place from 7:00 PM - 10:00 PM and will be presented by The Auburn Group. A Sponsor Hospitality Area will be set up for event sponsors and city officials. PROGRAM IMPACT: We wish to present quality events that will bring the residents of Boynton Beach and the surrounding communities into the downtown Boynton Beach area. FISCAL IMPACT: The CRA is funding these events along with the Auburn Group. ~~ City Manager's Signature (!.M ~~- Assistant to City Manager ~ epartment Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC [II.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18,2007 December 3,2007 (Noon) ~ February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19, 2008 (Noon) D January] 5, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) ~ Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Presentation of the American Assembly Implementation Neighborhood Revitalization, Affordable Housing, Business Development & Retention Sub-Committee. EXPLANATION: At the December 18, 2007 City Commission meeting a schedule of presentations from the Boynton Beach Assembly: Committing to our Future was approved. The schedule is as follows: Communications and Governance January 2,2008 Complete Education January 15,2008 Complete Infrastructure February 5, 2008 Complete Neighborhood Revitalization/Affordable Housing February 19,2008 Community Relations March 4, 2008 Wrap-up by Commission April 1, 2008 PROGRAM IMP ACT: Depending on the sub-committee reports there are new programs and staff additions recommended. FISCAL IMP ACT: No funds have been budgeted pending review and approval of the sub-committee recommendations. AL TERNA TIVES: This is an informational briefing. ~ City Manager's Signature Assistant to City Manager Cnn-- City Manager's Office Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Boynton Beach Assembly 2007 NEIGHBORHOOD REVIT ALIZA TION, AFFORDABLE HOUSING, BUSINESS DEVELOPMENT AND RETENTION Sub-Committee Assignments Taken from Policy Statement Document. NEIGHBORHOOD REVIT ALlZA TION, 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. 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. Hi. 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. 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. , . Neighborhood Revitalization, Affordable Housing, Business Developmeot aod Retention Sub-Committee I. Mission Statement The Neighborhood Revitalization, Affordable Housing, Business Development and Retention Sub-Committee is a group of diverse civic minded citizens that has been charged with action items under the Boynton Beach Assembly 2007. The Sub-Committee works to find effective means to improve the economic health of the City of Boynton Beach for an residents for years to come. II. Vision Statement The Sub-Committee foresees a City-wide economic development endeavor that generates long-term, positive advances for the City of Boynton Beach in terms of increases in businesses, employment opportunities, and tax revenue generation. We also look forward to growth in the number of affordable housing opportunities available to citizens of Boynton Beach. The Sub-Committee seeks a revitalized, blight-free city, which serves as a source of pride for its residents. OJ. Seope of Studv The subcommittee addressed assigned action items in light of resources provided by City staff as well as miscellaneous materials collected from the web regarding economic development strategies implemented in similar South Florida communities. Additional materials were provided by the CRA - Community Redevelopment Agency. The Sub- Committee met with several members of Planning & Zoning staff, including the Director of Development, as well as the Executive Director of The Community Redevelopment Agency and leadership of the City's Chamber of Commerce. The Sub-Committee examined documents, provided by the Assistant Director of Development, regarding the following organizations: . National Development Council . Palm Beach County Business Development Board . City of West Palm Beach Economic Development Department . City of Miami Economic Development Department . The following grant funding organizations: 0 US Deparbnent of Commerce Grant 0 Economic Development Assistance Program 0 Community Contribution Tax Credit Program The Sub-Committee was also provided the following materials by City staff: . Palm Beach County IPARC lndustrial Land Use Sub-Committee report 9/05 . City of Boynton Beach Comprehensive Plan (excerpts) . City of Boynton Beach M-l Study . City of Boynton Beach Development Atlas The CRA provided the following materials: . eRA annual Report .' Homebuyers Assistance Program brochure . Information on Trolley IV. Defme the Curreot Situation The Sub-Committee examined the collected research in an attempt to grasp the City's current standing with respect to the condition of neighborhoods, the shortage of affordable housing, and business development and retention trends. The Sub-Committee coUectively laments a lost opportunity with the conversion of the City's vast reserves of industrial land to residential land uses. It is the Sub-committee' s shared belief that the City's future lies in the attraction, retention, and development of major employers in industries such as technology and bio-sciences. The City's major employment opportunities are concentrated in retail operations. These jobs, while numerous, are typically low-skill and do not pay very competitive wages. The City's past Economic Development efforts appear to lacked comprehensive organization and direction. Numerous studies, consultants, and staff efforts in the past did not go far in terms of implementation, and did little to move the City forward in managed growth. Much of the growth that has happened was driven by uncommonly favorable market conditions, and may have resulted in greater expansion with proper leadership and planning to look not only short term, but further toward years to come. v. Identifv Future TreDds The Sub-Committee is cognizant of the national slow-down in the residential market, and its particular softness in the regional market. As the City has relied greatly on the expansion of the housing market to generate new residents and thus expand the tax base, the Sub-Committee is concerned that this contraction may negatively affect revenues. The result of a slowing housing market on the City's tax base demonstrates the necessity of diversification. Again, the Sub-Committee stresses the importance of a strengthened industrial base. We are optimistic that future has great potential for success on aU fronts. We feel that wi th the right decisions Boynton Beach can stand poised to become a vi brant, diverse, and successful city for years to come. VI. Alternatives Investie:ated The Sub-Committee considered several options with respect to each action option, but considerable effort was devoted to investigating the potential for an Economic Development Director. As will be discussed below, the Sub-Committee suggested three potential solutions (the contracting of an outside consultant, the creation of a permanent City Economic Development Director position, the creation of a joint CRA/City Economic Development Director position), and after deliberation determined one option most feasible and most likely to succeed. VU. Recommendations Action Item 1 - Develop strategies to allow the dry to continue to attract a mix of high- value industrial, commercial, and residential development that will strengthen the tax base and generate goodjobsfor residents without adversely affecting the Ciry's neighborhoods and community character. The Sub-Committee voiced the following recommendations: . The City should preserve all remaining industrial land in an effort to preserve opportunities to attract employers. The City and the CRA must actively market remaining industrial land to potential businesses, particularly those from the technology and bioscience sectors. [fpossibie, the conversion of land back to industrial land use should be considered. Short of this, however, the City has very little industrial land to market in an effort to attract significant job-producing operations. . The Sub-Committee believes that the City through the eRA should continue to support mixed-use developments in an effort to integrate the rapidly expanding commercial development within the city with existing and future residential development. It is imperative that future economic development efforts market the sizable amount of commercial square footage available within the City, particularly in the Marina District, to prevent empty storefronts which not only produce no tax. revenue or employment opportunities, but also negatively impact the aesthetics and morale of City residents. . The City and the eRA must actively pursue residential developers in the area to those areas most in need of revitalization. Such efforts should stress the incentives and programs available from the City's own Community Improvement DiviSIOn, the City's Workforce Housing Ordinance, as well as the numerous regional and state programs and incentives available. In conclusion, the Sub-Committee agrees that these efforts require the work of a full-time position. Options for this position are detailed below in Action Item 2. Action Item 2 - Economic development activities within the city administration should be evaluated and reorganized as follows: . 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. The Sub-Committee has considered three options for your consideration: 0 Submit a Request for Proposal to hire an independent cons~ltant to develop an economic development strategy and implementation pian for the city. The consultant would delineate an economic development strategy, and devote significant time toward actual implementation. Meanwhile, the consultant would also create a clear roadmap for a future Economic Development Director, whom the City would afterward contract to continue the consultant's initial effort. (See attached) 0 Hire an Economic Development Director under the city. The City would contract a full-time Economic Development Director, and provide for a staff of at least one. The Director would be responsible for delineating a specific roadmap of progress with concrete goals, and would undergo periodic review to assess whether goals were satisfactorily approached. (See attached) 0 Hire an Economic Development Director under the CRA/City. The eRA would contract a full-time Economic Development Director, and provide for a staff of at least one. The Director would be responsible for delineating a specific roadmap of progress with concrete goals, and would undergo periodic review to assess whether goals were satisfactorily approached. The Director's efforts would be concentrated soleiy on the eRA throughout the first year, with the eRA responsible for funding for the position throughout that time. At the beginning of year two, funding the position would be divided between the eRA and the City, and the Director's scope would expand to include the entire City. (See attached) It is the final recommendation of the Sub-Committee to proceed with the third option, the hiring of a joint eRA/City Economic Development Director. The Sub-Committee feels this strategy has the greatest likelihood of success in light of "starting small" before expanding to cover the entire City, and may prove most feasible in consideration of current budget constraints. . Consider options for seeking cost-sharing for this office from outside entities. There are three potential stakeholders in this effort: 0 The Chamber of Commerce, although not able to contribute funds, has indicated a capacity to provide office space for any full-time Economic Development Director 0 The City of Boynton Beach would be expected to support half of the position's cost as of the beginning of year two of the effort. 0 The eRA would be expected to support the position entirely in the first year, and half of the position's cost as of the beginning of year two of the effort. In additiont the Sub-Committee recommends that the City consider the following potential funding sources: 0 The U.S. Department of Commerce (Economic Development Administration) - PWEDA Section 207 - National Technical Assistance 0 The U.s. Department of Commerce (Economic Development Administration) - Economic Development Planning Assistance 0 Florida Executive Office of the Governort Office ofTourismt Trade, and Economic Development - Community Contribution Tax Credit Program . Assign this program responsibility for': 0 IdentifYing the types of businesses and industries that Boynton should try to attract. The Sub-Committee recognizes the positive influence retail jobs represent in the Cityt but believes that the future health of the City relies on actively recruiting high-skilledt higher payingjobs associated with the technology, bio-science, and health service sectors. The presence of Bethesda Hospital is a strength the City should nurture. It should be noted that the CRA has been putting together a data base of existing businesses in the CRA district and this could be expanded to the entire City, and by doing so will illustrate what businesses and industries we do not have and need to attract. Their contacts in the shopping center and development fields will be of help in making things move forward. 0 Breaking the City into zones or quadrants, and tailoring economic development strategies to each zone. City staff demonstrated the City's current division based upon census tract division. It makes sense to continue with these divisions, as data is more easily assembled and examined in this manner. 0 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. The Sub-Committee has become aware of the importance of this county board, and recommends that the future Economic Development Director work closely to utilize its programs, in particular small business loans made available to communities within the county. Also the CRA would set up a small business assistance program similar to the home buyer assistance program. 0 Developing incentives and support services to help businesses stay in Boynton Beach. The Economic Development Director could most closely maintain ties with local businesses through the local Chaplber of Commerce, and the S ub- Committee recommends the Director Take advantage of the Chamber's willingness to work closely with the City to cater to the needs of local businesses. 0 Encouraging the development of and serving as liaison with multiple merchant associations throughout the city. The Economic Development Director could most closely maintain ties with loca~ businesses through the local Chamber of Commerce, and the Sub- Committee recommends the Director Take advantage of the Chamber's willingness to work closely with the City to cater to the needs oflocal businesses. Action Item 3 - The City's political and administrative leadership should identify and take advantage of key land uses and other assets. Develop strategies for: . Preserving and marketing the industrial land in Boynton Beach. . The City should preserve all remaining industrial land in an effort to preserve opportunities to attract employers. The City must actively market remaining industrial and other land to potential businesses, particularly those from the technology and bioscience sectors. If possible, the conversion of land back to industrial land uses should be considered. Short of this, however, the City has very little industrial land to market in an effort to attract significant job-producing operations. . Leveraging the value of the 600 feet of waterfront property to include revenue - generating boat slips in Intracoastal Park. The City must capitalize on the significant asset that is Boynton Beach's waterfront. The Economic Development Director must work to market this resource not only to boaters through the creation of boat slips, but also to pedestrian users. . Creating an attraction to draw consumers to the downtown. The idea of a single, permanent attraction as an economic engine is a long term goal, but the Sub-Committee believes that the City and the CRA continue to do this to a lesser degree with seasonal events. The Tree-lighting event with a concert featuring Chrystal Gayle & Gatlin Brothers, as wen as the Marina Summerfest, Oceanfront concert series, and the Heritage days with Kool & the Gang's performance generated increased attendance to the City's downtown. The Sub-Committee hopes that input on the downtown master plan will address this as well, and continue to grow on the City's successes in attracting regional interest. Action Item 4 _ While focusing on particular assets and targets of opportunity, the City should take steps to improve the community's overall appearance and safety. . Develop strategies for encouraging community involvement in neighborhood refurbishment to promote community pride. . We fee) that appearance and safety issues are being dealt with by Chief Imlerls improved community policing and cooperative efforts to combat gangs and other crime issues, as well as Brian Miller and his committee's various cleanup efforts. The City should work to engage community groups more, creating partnerships between the City and civic groups in an effort to redouble efforts 10 keep the City clean and safe. We feel that Brian Miller and Public Works and the CRA have been doing an excellent job so far but this needs to be expanded. . Develop a tactical pan 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. The Sub-Committee believes that Chief Imler and code enforcement have done a fair job ofpatroHing businesses that may contribute tot crime. Signs ofimprovement are evident. The City should consider the possibility of the CRA having its own code enforcement officer. Also the use of eminent domain may be one way the City could improve trouble areas such as strip clubs, abandoned properties, and other such crime nodes. Action Item 5 - Evaluate the program of providing grant5 for homeowners to improve their property. The City's Community Improvement Division must work closely with City residents to provide assistance when possible for maintenance of properties. To begin with, the eRA could utilize Tax Increment Funds for general exterior/interior upgrades, repair, and other improvements. A similar program exists currently in Hollywood's CRA. The City may also consider a series of tax incentives to provide relief for those families that take the initiative to improve one of the City's most important assets, the housing stock. The eRA has been successful in providing over 50 grants in the past year and we feel that this is a great start. 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 6 - Develop and present available options to increase the availability of affordable housing in Boynton Beach Action [tern 7 - Evaluate incentives to developers for building affordable housing. Action Item 8 . Identify opportunities to coordinate with state and county affordable housing agencies. The Sub-Committee applauds the initiation of the Workforce Housing Ordinance recently implemented. The ordinance is one step in the right direction, providing real benefit for the private market to provide affordable housing for the City's residents. It represents the type of public-private partnership that may result in positive change. The Sub- Committee also believes that the City and CRA have been doing an excellent job in providing assistance to fIrst time home buyers and those seeking improvements. Conclusion In conclusion we feel that the Economic Development Director position under joint eRA/City supervision is critical for the future success of the City. Further, we feel that we need to be supportive and enhance the ongoing programs in the areas of Neighborhood Revitalization. Affordable Housing and Business Development & Retention. We as a committee feel honored to have served and hope that our efforts are not in vain. Subcommittee members: Christine Francois Mark McLeod (resigned in July) Brian Miller Dianne Mower Warren Timm Pamela Whitmore (resigned in June) Gabriel Wuebben Mark Karageorge - Chairperson Staff Liaisons: Nancy Byrne. Hanna Matras We would also like to thank Mayor Taylor. City Manager Kurt Bressner, Chamber President Devon Coughlan, eRA Executive Director Lisa Bright, City Development Director Quintus Green, Chief of Police Matt Imler as well as various City staff in Planning & Zoning and in administration. A special thank you goes to Ms. Carisse LeJeune. Consul tant option. REQUEST FOR PROPOSAL FOR AN INDEPENDENT CONSULTANT TO DEVELOP AN ECONOMIC DEVELLOPMENT PLAN FOR THE CIlY OF BOYNTON BEACH. Introduction: This plan should identify Boynton Beach's economic characteristics and establish priority programs, tasks, and activities. These materials will implement economic development policy established by the city commission and would be overseen by a steering committee comprised of members of the business community, citizens, elected officials and other interested parties. Some staff support must be provided. Boynton Beach should be broken down by district using the 4 districts . with it's own strengths and weaknesses, and which we would suspect have different solutions. Obiectives: . Provide detailed analysis of City's economic base. . Identify key opportunities to expand and diversify the City's economic base. . Prepare analysis of the City's economic strengths and weaknesses . Prepare fiscal analysis and benefits of development . Identify opportunities to maximize public revenues. . Identify opportunities and constraints for economic development e.g. housing supply, limited developable land, infrastructure capacity, redevelopment and financing constraints and potential land vale changes. . Prepare strategic action plan to guide implementation. . Involve and engage the business community in the planning and implementation so as to achieve ownership. . Coordinate business expansion plans with present plans of the eRA to provide more affordable and workforce housing in the community to potential workers with homes in the city. . Identify regional market conditions and their impacts on the CitYs Economic Development TASK 1. Prepare Economic Base Study 2. RetaH and Non retail Sales Analysis 3. Economic Development Constraints & Opportunities (include opportunities for affordable and workforce housing) 4. Economic Development Altemati ves 5. Economic Development Strategic Action Plan 6. Develop criteria for Economic Development Director with goals and objectives to be reviewed by steering committee. Page 2 Time frame for Study to be completed and given to commission and steering committee to then implement is 6 months. Consultants fee is estimated to be $70,000 to \00,000 . The City of Boynton Beach, FL (Pop. approximately 67,000) seeks an innovative and highly skilled economic development professional to assist in developing and implementing the City's strategic economic development plans. programs and services. The individual will be expected to attract local and national retail operations to the City, as well as generate reed estate development interest, in an effort to expand the City's tax base and create employment opportunities. The position will work closely with the City and Community Redevelopment Agency on specified projects, and will engage daily with local, regional, and state entities. The selected individual will report directly the City Manager and the City Commission. Specific duties will include: 0 Development and implementation of a strategic plan 0 Expand the economic base of the City 0 Attract national retail 0 Devise a strategy to improve the tax base 0 Attract new real estate investments 0 Attract developers to target projects 0 Review an deyelopment agreements between the City and developers 0 Coordinate economic efforts with local and state governmental bodies 0 General oversight of the economic development web page 0 Work closely with the Planning Department on special projects and other duties 0 Market the City's Marina and Downtown Districts as destination points The individual '\'Ioill preferably possess the following education, experience, and skins: 0 Master's degree required, with major course work in: 1. economic development 2. marketing 3. economics 0 Five years progressively responsible experience in the areas of economic, commercial. or residential development, redevelopment and/or urban planning, with at least two years at a management level position 0 Must have strong marketing, public relations and negotiation skills 0 Creative, self-starter with exceUent written and oral communication skills 0 Must be proficient in the use of WordlExceVPowerPoint 0 Ability to manage complex projects and multiple assignments 0 AbiHty to establish and maintain effective working relationships with local and civic leaders, current and potential businesses and industries, economic development consultants, and other members of City staff 0 Drive to foster a culture that seeks continuous quality improvement (CQI) 0 Genera} knowledge of City ordinances and state and federal laws, regulations and programs pertaining to economic and community development (including HUn and State of Florida programs) preferred 0 Certified Economic Development professional preferred Economic Development Director - Salary: $75,000.00 - S99,OOO.00 JOB TITLE= ECONOMIC DEVELOPMENT DIRECTOR CLASS/FICA nON=EXEMPT OBJECTIVe Performs responsible, profession aI work, to assislin lhe economic deve!opment of the CRA Oisbict. Employees in this cl ass are responsible for self-direcl:ed work programs III at may involve recruiting of local businesses, redevelopmenl or related economic and business issues, providfng assistance to business prospecls and/or existing btJsinesses irllhe relocation. permitting and regulatory prooesses, ESSENTiAL FUNCTIONS Provided hereijn is a general description of duties Ihat may be assigned by the supervisor. CRA Executive Director reserves tha right to estabtish, assign, reassign, and redistribute work to meet business needs. The statements hereijn do not preclude managemElflt from assig ning olller duties simirar in nature, complexity, and responsibility 10 any position wilt1in Ihis classification. The following is a general description of duties. The Executive Director may assign other duties and responsibilities as needed. . Reseal'thes and develops statistical analysis to promote Boynton Beach eRA as a compelilfye market for businesses to locale/expand In lf1 e Boynton Beach eRA District as well as cilywide participation. . Impfements, monitors and assesses eJ<p8nsiorllrelocation initiatives. . Identifies industry groups to target market wilh plans and implementation for programs. . Provides effec~ve communication and support for the Economic Development Office in research, marketing and public relations. . Conducts outreach calls and visits to existing target induslry companies 10 identify needs for expansions, business climate issues and provide business assislance. . Establishes proactive relationships witfllhe community, neIghborhood associations, city officials, city staff and lIle general public on behalf of Economic Development Activities. . Performs basic admInistrative du6es including written reports, memOl1l1dums, letlers, and electronic correspondence, [nleraction w11h others, and communication through telephone BIld meetings, . Spearhead the Business Genesis Program. . Develop eRA Business Incubator and Training Facility in lf1e Heart of Boynton. KNOWLEDGE, SKILLS AND ABlunES . Th orough kflowledge of Ule economic development process, induding the design, implemenlation and evaluation of markefing strategies. . Thorough knowledge of federal, state and local laws, regu[alions, policies and procedures relating to economic development. . Ability to work bolh independently and wilh direction. . Abilily to exercise judgment and discretiofl in applying laws, regulations, policies and procedures. . AbUity to establish and maintain effeclive Inter- and intra-governmen1s1 business and professional assodations, . Knowledge of the principles and practIces of public Of business adminlslratiOl'l. . Abllity to make decisions recognizing established precedents and practices and to use resourcefulness and tact In solving new problems, . Slrong written and oral communication and interpersonal skWs, to indude the ability 10 develop effective j:lr<lposals, prepare and maintain accurate records and reports, and public spealdf)Q skills. . Strong lime-management skills, project management skills and ability to meet deadlines. PREFERRED QUAURCAnONS Bachelors degree in Business, Economics Of Public Administration and at least five (5) years of relevant experience in businessfindustrial development or a dlrecUy-related field; or an equivalent combination of training, education and experience. Master's Degree Preferred. Professional expertise should include small business recruilment and retenlion, along wl1h grants expertise; specifically, Palm Beach County Oe'iSlopmenl Regions Granl Programs. Having the position done under the CRA - but expanding it to then do the entire city. Job description to be distributed tonight - recommendation on salary is minimum $75,000 - maximum of 599,0000. Funding to come from eRA 1 st year, then once duties expanded to entire city - 2nd year - funding to be 112 CRA and 112 city. STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN OR ARE BEING ADDRESSED BY THE CITY AND CRA Neighborhood Revitalization . Developing incentives and support services to help businesses stay in Boynton Beach. 0 City has created the S/MWBE (Small/Minority and Women Business Enterprise) program that has been approved by Commission and budgeted. City staff is in the process of selecting a consultant to assist with implementation of the program. III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o December 18, 2007 December 3, 2007 (Noon) X February 19, 2008 February 4, 2008 (Noon) o January 2,2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31,2007 (Noon) 0 March 18,2008 March 3, 2008 (Noon) o February 5, 2008 January 14,2008 (Noon) 0 April I ,2008 March 17,2008 (Noon) X Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal o Code Compliance & Legal Settlements 0 Unfinished Business o Public Hearing 0 RECOMMENDATION: The City Commission to hear a presentation by Gary Solomon representing the Sand Sifters for their "Be Green, Start Clean" campaign. EXPLANA TION: The Sand Sifters is a volunteer organization that conducts monthly clean-ups at Oceanfront Park, They also conduct clean-ups at Hammock Park and Gulfstream Park in Ocean Ridge. They have developed an anti-littering campaign to help educate the public about the benefits of not littering. They have teamed with the City of Boynton Beach, Palm Beach County, Delray Beach and the Friends of Jupiter to kick off the campaign on March 1,2006. Average volunteer participation is between 100 and 130 people per clean-up. It is expected that the Be Green, Start Clean kick-off will attract many more volunteers. PROGRAM IMP ACT: Average volunteer hours from the Sand Sifters are approximately 2,400 per year. They have been volunteering for the City for 18 months. FISCAL IMP ACT: As a sponsor, the City provided the Sand Sifters with t-shirts for $2,500 from account number 001- 2731-575-49-17. The t-shirts will be given to program participants over the next year. ALTERNAht~ ~~ Department Head's Signature City Manager's Signature 4./ i i . A"i,t,nt tn City Man'ge, ~ , ,It.-{. .c, } .1.~~ ,'. Department Name City Attorney / Finance Recreation and Parks +,2 :01 WV 22 N'ir 80 3:11.:1.:10 S,}U:J3IJ A11J H3\f38 NOH,UOa ,dO )",11:1 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 02/19/08 Last Name First Name 1 st Choice 2M Choice 31'0 Choice Barritt Amber Planning & Dev Bd. Education and Building Bd.. Of Youth Advisory Adjustments and Bd. Appeal Cook Dana Arts Commission Dwork Jonathan Planning & Dev. Bd. Norfus Victor Planning & Dev Bd. 1 VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3,2007 (Noon) ~ February 19,2008 February 4,2008 (Noon) D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January IS, 2008 December 31,2007 (Noon) D March 18,2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April 1, 2008 March 17,2008 (Noon) ~"') D Announcements/Presentations D City Manager's Report 0 n=i CO =i-< NATURE OF D Administrative D New Business ..." -<0 ." AGENDA ITEM ~ Consent Agenda D Legal OJ :...,"'" , '"eo D D Unfmished Business .r:- ""0 Code Compliance & Legal Settlements ,2-< D D :c.. '.-:: ::z: Public Hearing ,:f) -; ::x: 0 C5 O::z: ..." RECOMMENDATION: A motion to award the "TWO-YEAR BID FOR THE PURCHASE OF STREET .,gGN~~ NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid #016-1412-08/JA, to various veu.dors~ an estimated two year expenditure of $85,000.00. ~ CONTRACT PERIOD: FEBRUARY 20,2008 TO FEBRUARY 19, 2010 EXPLANATION: On November 21, 2007, Procurement Services received and opened nine (9) proposals, which were computer tabulated on November 22, 2007. It is recommended to award this bid to multi-vendors as overall "Low Bidders". The factors used in determining the bid were: 1. Price; 2. Warehouse Processing time; and 3. Quality. All recommended vendors are considered to be the most responsive, responsible bidders who met all specifications. Michael Dauta, Warehouse Manager, concurs with this recommendation (see attached memo). The provisions of this bid 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 IMPACT: The purpose of this bid is to establish prices for various Warehouse stocked items. These items include new and replacement street signs of miscellaneous design, accessories, and parts related to signs used throughout the City. Items will be ordered on an "AS NEEDED BASIS". FISCAL IMP ACT: BUDGET ACCOUNT NUMBER ESTIMATED TWO-YEAR WAREHOUSE STOCK EXPENDITURE 502-0000-141-01-00 $85,000.00 2006/2008 TWO YEAR EXPENDITURE $79,000.00 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM thi item and buy on an "AS NEEDED BASIS", therefoJe costing the City more mone~'. ~ Department Head's Signature City Manager's Signature (;YYv0 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC RECEIVED The City of JAN 2? 2008 Boynton Beach PROC~ ' . 1::"-1 ;:'i:.;i, CE~ Finance Department WAREHOUSE DIVISION TO: Carol Doppler, Purchasing Agent FROM: Michael Dauta, Warehouse Manager .M.0 DATE: January 22, 2008 SUBJECT: Street Sign Bid # 016-1412-08/JA I reviewed the tabulation sheets sent from your office. My recommendation is a multi-award bid to overall low vendors. The evaluating factors used were price, warehouse processing time and quality. Last two years' expenditures were $79,000. The next two years are estimated at $85,000. Aluminum Blank Siens Osburn Associates, Inc. Item(s) # 1,3,4,5,7 Vulcan Signs Item(s) # 2,8,9,10,11,12 Custom Products Corp. Item(s) # 6 01/22/2008 11 :09 AM Pre-Made Metal Si2ns - En2ineerin2 Grade Vulcan Signs Item(s)# 13,14,16 Osburn Associates, Inc. / Item( s) # 15,1 7 Prefaced Street Si2ns Osburn Associates, Inc. Item(s) # 18,19,20,21,22,23,24,25 Allied Tube & Conduit Corp. ' / Item(s) # 26,27,28 Traffic Safety Brackets ./ Item(s) # 29 Vulcan Signs / , Item(s) # 30,33 Universal Signs / / Item(s) # 33 Custom Products / Item(s) # 31,32 Rolled Facia 3M Company Item(s) # 34,35,36,37,38,39./ Non Reflective Vinvl 3M Company Item(s) # 40,41,42,43 / 01/22/2008 11 :09 AM In addition, the following vendors offer a discount for items not listed on the bid: Traffic Safety Brackets 5% Universal Signs 20% cc: Barry Atwood, Director of Finance 01/22/2008 11 :09 AM 'v{ \ ~ - \ .'" 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VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.1 AGENDA ITEM REQUEST FOR1Yl R,quested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetmg Dates in to City Clerk's Office Meeting Dates in to City Clerk's Ornee 0 De"mber 18, 2007 December 3, 2007 (Noon) [ZJ February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon) 0 February 5,2008 January 14, 2008 (Noon) o April I, 2008 March 17,2008 (Noon) 0 'A nno un cern entslP resentat io ns 0 City Manager's Report NATURE OF 0 Admin istrative 0 New Business AGENDA ITEM [ZJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approval of the two (2) year collective bargaining agreement between the City of Boynton Beach and the, SEIU Florida Public Services Union, CTW, CLC Blue Collar Bargaining Unit EXPLANATION: On Friday, February 8, 2008, the Blue Collar Bargaining Unit ratified the tentative collective bargaining agreement reached between the City and Union, The highlights of the terms of the agreement include following: . ] 010 I 107, retro 5% increase to base wage (must be employed on date of full ratification) consistent with the amount that General and White Collar employees received, . 4/01108, performance evaluation wage increase 2-4% . 1010 I 108,2% base wage adjustment; Duration includes a wage reopener based on legislative action . 4/01/09, performance evaluation wage increase 2-4%; Duration includes a wage reopener based on legislative action . Clarification and new language in Progressive Discipline . Clarification of Grievance and Arbitration . Insurance includes new language consistent with the Police Benevolent Association (PBA) agreements, . There were several other issues agreed upon which are summarized in Exhibit A, All changes are summarized on Exhibit A, Exhibit B is a Legislative copy of the collective bargaining agreement that was tentatively agreed (TA'd) upon, PROGRAM IMPACT: Once approved this contract will be in effect from October 1,2007, through September 30,2009, and will affect all employees currently represented by the Blue Collar Bargaining Unit FISCAL IMPACT: This contract is in line with the specific direction given by the City Commission with regard to market adjustment and merit cycle, All other programs, including Vacation, Longevity, and Tuition Assistance are in line with current City programs, as budgeted, AL TERNA T1VES: Not approve the contract " mJl.I.FTJN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ") !'- ?1Jd/~1 ~ .QI(. Jh41Vj,J ~'t!L.i! II- ~~ Department Head's Signature City Manager's Signature Assistant to City Manager ~- Human Resources ~ Jd Department Name City Attor/Jey . Finance .~ III I LlTIN\FURMS\.AGEND^ ITEM REQUEST FORM DOC I RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE 7 SEIU FLORIDA PUBLIC SERVICES UNION, CTW, 8 CLC - BLUE COLLAR UNIT FOR THE PERIOD OF 9 OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2009, 10 AND AUTHORIZING AND DIRECTING THE CITY II MANAGER AND CITY CLERK TO EXECUTE THE 12 AGREEMENT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services 16 Union, CTW, CTC- Blue Collar Unit have successfully concluded negotiations for a two 17 (2) year contract; and 18 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 19 and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 22 execute the same; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 atified and confirmed by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 ereby ratify the Agreement between the City of Boynton Beach and the SEIU, Florida 31 ublic Services Union, CTW, CLC - Blue Collar Unit for the period of October 1, 2007 :\CA\RESO\Agreements\CBA Ratifications.NCFO BC 07 - 09,doc - I - ] through September 30, 2009, and authorizing and directing the City Manager and City 2 Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit 3 "A". 4 Section 3. This Resolution will become effective immediately upon passage, 5 PASSED AND ADOPTED this _ day of February, 2008. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 JO I] Mayor - Jerry Taylor ]2 ]3 14 15 Vice Mayor - Jose Rodriguez 16 ]7 i 18 i 19 Commissioner - Ronald Weiland 20 2] 22 ~._. -~_.~ ')'" Commissioner - Woodrow L. 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"" Of) C ~ '" Q) .CI) ........ ~ _ . a 0 C _ C 0 ...- ::l Q) 0 Q) ::l C O....c:....c: C >- C'''''' CI) ~ C E"'" ;;- ~ '" :l, 5: ~ '" '5' .... ~ '" e ~ 5h 2 ." cr''' '" - - v'" -O'~ :;!, g go ~ ~' o " 0 c'~';;; > :l, 8 ~ ~ ~ <<: ~ u e::: ~ 0 '0 '" ~ ~ ~ ~ cr' u '" 8 ~ '" ~u~o.-'" ,,~'"0'O - c-_"Cl.n~xi!o 0 :;; .. <<: > 0 '" ." ~ ~ .. ~ - 11 0 ~ " ~ U '" ~ ~ ~u~u ""'~og- 0 0 0 C a~ " ~<<:...- >~ ~ _ ,,_ > 0 - ~ ~... - '" ~ '" ~.. '" Z '" = Z " <:.l r/J ~ 8 ~ 0 ~ ~ '" .~ - - - ,<:.i c,..,o~ '" ~ " 0. ~"8 ~ C; -< .5" ,9 ~ - '" - - " ~ " .... o .. ~ U 0.<<: .s C/C -0 '" = - " .5< I " - - , " _ u -< "" 5 00 ..,. g ~ 0 Q --- ~, -' January 31,2008 Exhibit B CITY PROPOSAL COLLECTIVE BARGAINING AGREEMENT BETWEEN The City of Boynton Beach, Florida And The National Conference of Firemen & Oilers, SEIU, AFL CIO, CLC, Locul1227 SEIU Florida Public Services Union. CTW. CLC Blue Collar Bargaining Unit I October 1, 20()4.07 to September 30, 20G+Q.9 I January:; ] . 2008 ARTICLE PAGE 1.0 PREAMBLE ............ ............ ....,.., '..',. ".,..,..,.....,......" .... ..."..... 2,0 RECOGNITION ,................... ,..., ",.,...,.. ......, ........ ....... ....."............. ......... .......... ~ 3,0 RIGHTS OF EMPLOyEES..... ...., ....".,. ,................. ....... ............ ...... 4.0 MANAGEMENT RIGHTS ,......, ,.."............' . ................. . . . . . . . . . . . . . . . . 5.0 STRIKES ..,...........,.............'... ... .... .......... .............".......... ......... ....."... 6.0 \ION DISCRIMINATION '........, I.) 7,0 REPRESENTATION OF THE CITy..., ..........., ...... !Ii 8.0 LJNIOJ\: REPRESENTATION ....... ' i 90 COLLECTIVE BARGAINING.., ! ' !o.o UNIO~ TIME POOL.,.... 14 11.0 BULLETIN BOARDS .........,." .".. ,.... "...,..,..' ."..,'..'.............,..,...'......,., . " +-:\-~1I2,Q GRIr:V,^.~jCE ,^.~!D /\RBrrR/\TIm! PROCEDlRL:SPROGRESSIVE DISCIPLINE.. . . P1t) ~}13,O PROGRESSIVE DISCIPLINE GRIEVANCE & ARB]TRATIOI\ PR()CEDURES.,....=c=c-1.4~) 140 BASIC WORK WEEK AND OVERTIME " ' . , . 15,0 TASK ASSIGNMENT - SOLID "VASTL 1 ()O WORK BREAKS, ...",. 17,0 COMPENSATORY TIME ,..,., ~i 18,0 WAGES ....,..,..,...,......., ......., ...... .... ........,.. ..3() 19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS,., . 3b 200 STANDBY & CALL BACK PA Y.."" ",.. ... 4 i 21.0 WORKING IN A HIGHER CLASS....,., ............. 4.; 220 EMPLOYEES ASSIGNED TO TRAINING DUTIES ,. , ,....".. ..,.,..., ,.,..........,...... 44 23,0 EMERGENCYPAYPOLlCY"", ..... .. .,.4:' 240 CERTIFICATION PAy......,..,......, ....,.. ........ ..................... . . . . . . . . . . . . . . . .. ........... . 46 25.0 SICK LEAVE ....,'....................'....,..,.. ...........,...... ............ 4~ 26.0 WORKERS COMPENSATIO\l,. 4') 270 LIGHT DUTY.., ..,... ............, .. .....,.. :'1: 280 VACAT]ON.................................. .............., "....,....,.",......, ..,.... :' 290 BONUS DAYS AND BONUS INCREASES, .. ........... ............ 54 30,0 HOLlDA YS .................,......, . ....... .......... ................ ..................... 55 31.0 COMPASSIONATE LEAVE ............ .. ..............."... ..., ............ ~h 32.0 MILITARY LEA VE..,..., . 5- 330 LEA VE OF ABSENCE ......,. 5>" 340 LNAUTHORIZED ABSENCE" ....." -:. () 35,0 JURY DUTY." ".,.... (>I , 36,0 SENIORITY, LAYOFF & RECALL (. 37,0 RECRU]TMENT AND SELECTION ".. . (,., 38.0 SAFETY AND HEALTH, (,' 390 TOOL REPLACEMENT., ()t) 4UO UNIFORMS.. ." II 41U INSURANCE -"", 42.0 PERSONNEL FILES ,..,....,.,..., 430 TUTION ASSISTAJ\:CE PROGRAM" 440 GENERAL PROVISIONS". ~i 45.0 DUES DEDUCTION.. ..,.,.,... S 46.0 PENSION ",........,.....'", ' 8.:; 47,U SUBSTANCE ABUSE ...., ..,.. .." ..... .... ......,... .......... s'-~ 480 PROBATIONARY PERIOD.. ....., s~ 490 LONGEVITY BENEFIT ". S(, 50,0 SA VINGS CLAUSE... ,.......,.,.,.... ~-- 52,0 POSTING OF AGREEMENT .... ... ........ . ..... ~l) 530 COLLATERAL DOCUMENTS ..... ..,., . ............ ...... .... 91i 540 DURATION...."...,..."...,...., ..,."... ,., ,., . ............,.. . . . . . ,. . 9 , I --~---_.^ -~~~- ._-,..__.~.,----~--~_._-_._-----_..- - TA City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 1 1.0 PREAMBLE - 1.1 This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the National Conference of Firemen and Oilers, SEIU ,\FL CIa, LOC.^~L 1227, SEIU Florida Public Services Union, CTW, CLC, hereinafter referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community. 1.2 The Parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest. 3 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 2 2.0 RECOGNITION - I 2.1 The City of Boynton Beach hereby recognizes the National Conference of Firemen and Oilers, SEIU LOC'\L 17'""7 Union as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the pubic employees within the bargaining unit. 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. I 2.3 In the event of a conflict between the foregoing current list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC), the unit recognized by the PERC shall control. ..1- I TA City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 3 3.0 RIGHTS OF EMPLOYEES 3.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 3.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. 3.3 Employees may request a Union representative to be present when they believe a formally scheduled meeting with a supervisor may lead to discussions 'Nhich could form the basis of disciplinary action the employee is subiect to an investigatory interview and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says.,:, 5 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31, 2008 ARTICLE 4 4.0 MANAGEMENT RIGHTS - 4.1 Except and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent. common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the pow'ers and authority, which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to. the right: 4.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made. provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. 4,1.2 To maintain economic stability, 4,1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. 4.1.4 To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub-contract existing and future work. 4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. 4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 4.1.7 To determine the organization of City government. () ...-- "--_.-.- TA City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC I January 31, 2008 4.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 4.1.9 To set standards for service to be offered to the public, and standards for the performance of duties of job assignments. 4.1.10 To manage and direct the work of the employees of the City, including the right to assign work and overtime. 4.1.11 To establish, determine, implement and maintain effective internal security practices. 4.1.12 To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. 4.1.13 To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods. 4.1.14 To adopt or enforce cost or general improvement programs. 4.1.15 In a civil emergency, to use personnel in any lawful manner. 4.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 4.3 The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union after notice fails to object to that decision within six (6) months, it shall be considered finally imposed. I 7 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31, 2008 ARTICLE 5 5.0 STRIKES - I 5.1 The National Conference of Firemen and Oilers, SEIU, AFL CIa. Local 1227 Union, or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slov, down, strike or unlawful picketing. 5.2 In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or intemationa! representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City twelve ( 12} hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. ~ l_ I TA City of Boynton Beach ---.---. T A SEIU Florida Public Services Union CTW. CLC I January 31, 2008 ARTICLE 6 6.0 NON DISCRIMINATION - 6.1 The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirms their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. 6.2 It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, as amended, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. 9 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31 , 2008 ARTICLE 7 7.0 REPRESENTATION OF THE CITY - I 7.1 The City shall be represented in all matters related to this Agreement by the City Manager, and/or a person or persons designated in writing to the Union by the City Manager. 10 I TA City of Boynton Beach T A SEll) Florida Public Services Union CTW. CLC I January 31, 2008 ARTICLE 8 8.0 UNION REPRESENTATION 8.1 The City agrees to recognize the Union's officers and eight (8) City employee stewards as agents of the Union. The Union shall furnish written notice to the Department Head of the designated Union officers and stewards within three days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the eight (8) City employee stewards. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as Steward. 8.2 Non-employee officials of the Union shall, with prior written notification to the I City Manager~ be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and lor security purposes. 8.3 Union stewards will be granted leave to engage in collective bargaining, subject to the limitations set forth in Article 9, or to meet with the representatives of the CITY for gnevance investigation andlor consultation with management representatives to avoid or resolve grievances. 8.4 Union Stewards may be granted leave and may utilize "union time pool" time to engage in the following representative activities: 1. When an employee is required to appear at a hearing related to a grievance and or arbitration. I 2. When and employee is responding to disciplinary action or investigation. 3. When an employee is attending a pre-determination hearing. 4. When additional Stewards or bargaining unit members are participating in collective bargaining in accordance with Article 9, Section 9.2. Members of the bargaining unit may each donate a proportionate share of the hours necessary to fund the Union time pool. Union time pool time may be transferred from steward to steward. Stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of 11 \ T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 20Cl8 the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the 011- going day to day operations in any department. Additional hours may be used. with pay, when those hours are funded by "Union Time Pool" time. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner that deprives the employee of his or her right of representation. 8.5 No employee shall engage in Union business while on duty except as referenced in Section 3. 8.6 The City Manager will grant the Union stewards combined leave, without pay, for a total of twenty (20) days per year in order that they may attend conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. 8.7 Stewards shall maintain and provide to the City a Union Business time-out slip that shall be processed to show their accumulated hours used against the Union time pool. The form for this purpose shall be attached hereto as Appendix "A" to this agreement. 12 I TA City of Boynton Beach --------- ----_..~_._-~--._--_.- T A SEIU Florida Public Services Union CTW. CLC I January 31,2008 ARTICLE 9 9.0 COLLECTIVE BARGAINING - 9.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. I 9.2 No more than a total of six (6) Stewards may participate in collective bargaining while on duty, without loss of pay. Additional Stewards or bargaining unit members may participate in collective bargaining (present at the table) by utilizing Union Time Pool hours, or while off duty, or when on approved paid leave. 13 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 3 L 2008 ARTICLE 10 10.0 UNION TIME POOL 10,1 Bargaining unit members may donate, on an annual basis, from their accrued vacation leave, sick leave bank (provided the member maintains at least 120 hours of accrued time), or compensatory time to be banked and subsequently used to permit designated Union stewards to engage in representative activity or bargaining bargaining activities as specified in Articles 8 and9.as stated aboYe. Donations to the Union Time Pool shall be solicited by the Union during ratification of this Agreement or any other non-work time. Donations shall be on an annual basis and deducted/transferred from the employee's appropriate leave bank during the month of October. All time will be distributed on an hour-to-hour basis. A list of those employees donating to this time bank shall be maintained by the Union, a copy of which will be provided to the City Manager and Finance Director. 10,2 Time shall be transferred from the employees appropriate leave bank each year of the Agreement during the month of October. 10.3 Time Pool hours shall roll over from one year to the next. 10.4 Union representation shall utilize the Union Time-Out slip when using Time Pool hours. ]0.5 Union time pool hours shall only be used for a steward's leave from assigned regular duties. ]0.6 ] 0,6 Union time pool hours shall be classified as paid leave from work and shall not count as time worked for the purpose of calculating overtime. ]0.7 The City may delay the use of such time off if it interferes with productivitv or manpower needs. However, the exercise of such right on the Citv's part shall not be arbitrarY or capricious. nor shall it allow the City to proceed in a manner that deprives any emplovee of his or her right of representation. Whenever the Citv has scheduled a meeting at which a Union representative is required and that meetine is cancelled. the Citv shall reschedule the event at the convenience of both parties. 14 -... .~-_._-~---_._--- TA City of Boynton Beach TA SEIU Florida Public Services Union CTW. CI,C I January 31, 2008 ARTICLE 11 11.0 BULLETIN BOARDS - 11.1 The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to I work for the use of LOCAL 1227 the Union. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings. I E. Union newsletter On Truck(may be unsigned). 11.2 All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 11.3 The Union shall not post endorsements for candidates who are running for office. 15 \ T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 I ARTICLE -J-J12 - I +J12.0 PROGRESSIVE DISCIPLINE I +J 12.1 PURPOSE I +J11. 1. 1 The City is committed to recruit, train, and retain qualified employees who will contribute to the City's mission. I H12.1.2 The success of the City government in providing quality and efficient public service directly correlates with appropriate employee conduct and perfonnance. Employee behavior that is positive and suppOliive of the goals of effective municipal management is fully encouraged. I Hl271.3 When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. HI2.1.4 No employee shall be disciplined or discharged without just cause, H 12,2 POLICY H12.2,l Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individualsindividual's growth, development and most importantly to insure the successful operation of the City and its services. However, in certain circumstances punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance or severity of the incident. I H12.2.2 Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline, I H12.2.3 A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. I HI2.2.4 Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate measure. 16 I TA City of Boynton Beach ---- -------~_.- T A SEIU Florida Public Services Union CTW. CLC I January 31,2008 I -ell.2.5 The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the rights of the City, but are to be used as a guide. r -ell.2.6 All prior discipline received by an employee shall be considered when a new discipline is contemplated, but not all prior discipline shall be given the same weight. By way of example: The older a discipline, the less its weight. A pattern of discipline over a short period of time has greater weight than sporadic discipline spread over an extended period of time. I EXAMPLES OF MISCONDUCT (ALL TYPES) I The following types of infractions, offenses ef of misconduct, serious misconduct or extreme misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses that violate permissible behaviors or are specifically prohibited by law. The following are examples of violations that shall result in discipline and the progressive discipline actions that may accompany the violations. MISCONDUCT I 1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part of the employee which hinder or I jeopardize the successful operation of the City, undermine teamwork and/or cooperation among City employees, or undermine the public confidence in the City or its employees. 2. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b. Failure to use all safety restraints when riding in or operating a City vehicle c. Failure to wear and or use prescribed uniforms or equipment 3. Abuse of Personnel Policies, including but not limited to: a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism b. Failure to notify Department and or Human Resources of current address and I telephone number within ten ( 1 OJ calendar days of change c. Failure to report any outside employment 4. Abuse of departmental procedures and work rules including: a. Failure to provide name and official title to any person requesting same when performing work related duties b. Habitual extension oflunch period or break period 17 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC I January 31, 2008 c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior NOTE: This chart outlines the usual progression options for repeated occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST 2ND 3RD OCCURRENCE OCCURRENCE OCCURRENCE I Misconduct Written Counseling Written Reprimand Suspension Without Payor Dismissal SERIOUS MISCONDUCT I. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self, others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles 2. Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of a supervIsor ,., Abuse of departmental procedures and work rules, including: ,1. a. Sleeping on the job b. Absent without calling in to department within one hour of shift start time c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status I e, Outside employment which conflicts, interfered interferes with or othervvise hampers the performance of the employee in tflei.F his/-Gi-tyher City job 4. Inefficiency or Incompetence The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute I to team success. 18 I TA City of Boynton Beach - T A SEIU Florida Public Services Union CTW. CLC I January 31,2008 Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (rating~ of 1 or 2) shall be givenJ! follow-up evaluation within 60 days of the "Does not Meet Standards:.;.-or .;.:Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to I perform at a minimum level of "Meets Standardsq:..{as outlined in the Incentive Pay System Policy}. The following chart outlines the progressive discipline options for three occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. OFFENSE TYPE 1 ST OCCURRENCE 2ND 3RD OCCURRENCE OCCURRENCE Serious Written Reprimand or Suspension Without Dismissal Misconduct Suspension Without Payor Dismissal Pay I EXTREME MISCONDUCT I 1. Violations or disregard of City Safety Policy & Procedures, including: a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor I b. Failure to report an employee~s_.:. on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to report the revocation or suspension of a driver's license when employment involves driving 2. Abuse of Personnel Policies, including, but not limited to: a. Possession of a firearm or concealed weapon on City property or while performing official duties without written permission from the Department Director (excluding law enforcement officers) b. Gambling during work hours c. Refusal to sign a disciplinary form d. Suspension or revocation of any required job related license or certifications. 3. Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds 19 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 b. Conducting personal and/or private business on City time; improper use of City time for such activity c. Falsifying attendance records d, Other department rules as communicated by director or supervisor 4. Illegal, unethical or improper acts, including: a. Theft or removal of City property without authorization b, Falsifying employment application or concealing information during pre- employment screening or processing c. Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statute d, Giving false information or failure or refusal to fully cooperate or provide full truthful information in City initiated investigations e. Possession, use or sale of illegal drugs, alcohol or prescription medication that alters the employee's performance on the job or any confirmed positive drug test f. Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol a Refusal to participate, if offered, in a drug/alcohol rehabilitation program O' h, Refusal to submit to a City required drug or alcohol test J. Falsifying or attempting to falsify a City ordered drug test J. Violating the City's Sexual Harassment policy through interaction with another employee or a member of the public k. Conviction of a felony (Including non-work related) I The following chart outlines the progressive discipline options for two incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST 2ND OCCURRENCE OCCURRENCE Extreme or Unlawful Suspension Without Dismissal Misconduct Payor Dismissal Note: The progressive discipline steps outlined above are guidelines and refer to the discipline options the City may take. Actual discipline is fact sensitive and may varv from the guidelines. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the I appropriate level of disciplineo if the employee is found to have committed the offense. I -H12.4 PROCEDURE FOR DISCIPLINARY ACTION I H I 2.4. 1 When an imm edi ale supervi sor heeom es aware 0 f cone I us; ve ev i denee 0 f the need for tfle.-an employee to be disciplineg, he/she becomes responsible and shall investigate the circumstances of the misconduct or lack ofperfom1ance, 20 I TA City of Boynton Beach T A SElU Florida Public Services Union CTW. CLC I January 31,2008 prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. I B ]1.4.2 Administrative Review - Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City I employee, with the exception of Police department Department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring I any necessary sworn statements. Verbal and written counseling will not be subiect to administrative review by Human Resources. Administrative investigations shall be conducted expeditiously. I B ]1.4.3 Criminal Investigations - Investigations conducted when criminal violations are reportedly committed by an employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. I +J- 12.4.3.1 In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of final disciplinary action. I B]1.4.3.2 The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days with pay require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproved. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued, so that the matter can be investigated. I 1312.4.3.3 13.1.3.3 A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be counted as disciplinary in nature. A document confirming a favorable determination as to the matter should be made part of the employee's record. 21 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31. 2008 VERBAL WARNING or other instructive verbal communication will not constitute discipline and an emplovee is not entitled to union representation when management is taking such action. Verbal warning or other instructive verbal communication may be used to establish that an employee knew or should have known that perforn1ance. vvork habits. and behavior is not appropriate. H12.5 TYPES OF DISCIPLINARY ACTION A. WRITTEN COUNSELING - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior~, and counseling the employee on improvements expected. Written Counseling serves as a warning against further repetition of employee behavior. Future Vviolations will result in discipline up to and including termination. I The immediate supervisor should complete a Written Counseling Memorandum and discuss the content with the emplovee with a management witness present. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. Such signature does not constitute agreement with the contents. The Written Counseling Memorandum. signed by the immediate Supervisor and the management witness. shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written I notice of reprimand to improve performance, work habits or behavior. with a management witness present..,- A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or perfOlmance which require improvements; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including tern1ination, Written reprimands shall be signed by the employee to acknowledge receipt and I forwarded-immediate Supervisor and the management witness and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee, I Such signature does not constitute agreement with the contents. Employees may submit comments for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvements, a fo11ow- up discussion at the end of the designated time period should be conducted. The follow- up discussion will provide a specific opportunity to review the employee's improvements ""1, --- I TA City of Boynton Beach ,_.,-~~"---- T A SEre Florida Public Services Union CTW, CLC I January 31,2008 relative to the discipline. Written reprimands should be reflected on the employee's performance appraisal along with any noted improvements. C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline supports a suspension without pay for a specified period of time. Any time an employee is suspended for discipline the suspension shall be without pay. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three (3) two (2) working days or less. All other sSuspensions without pay beyond three working Eiays-require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. Employees may submit comments for inclusion in the record. Written notification of a suspension shan be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's record, with a copy provided to the employee, the Department Director, and one to the Finance Department for payron purposes. D. DEMOTIONS - In the context of this policy demotion consists of an employee being involuntarily removed from a higher level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of the inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions such as licensure or certification. In addition, probationary employees shall be subject to demotion without the City being required to state a reason. The probationary employees shan not have access to any appeal process with regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Human Resources Department prior to a written recommendation for demotion. The Department Director shan then submit the written recommendation to the City Manager through Human Resources. Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. 23 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31, 2008 Written notification of demotions shall be provided to the employee by the department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations \vill result in further disciplinary actions up to and including termination if the demotion was a result of misconduct~ All documentation ofa demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroll purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record, Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply through documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person, However, after two unsuccessful attempts to deliver the notification, then the notice shall; be sent via US mail to the most recent address on record in the personnel file. The recommendation shall include the following information: The underlying reasons for the recommended termination Documentation upon which the Department Director relied in fOD11ulating said recommendation An explanation of his/her rights to request a predetermination hearing prior to tern1ination taking effect and the facts that the decision to discipline of the City Manager shall be final subject to grievance and arbitration as provided for in Article 10 of this Agreement. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their personnel fi Ie. 24 --' TA City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC I January 31, 2008 Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. I +J-12.6 RIGHT TO PRE-DETERMINATION HEARING Prior to the effective date of any suspension without pay of three (3) days or more, or a temlination, the City shall conduct a predetermination hearing. The Human Resources Director and the City Manager's designee shall conduct the predetermination hearing. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. Information gathered before, during or after a pre- determination conference constitutes part of the City's investigation or an act of omission that can result in discipline. I -e 12.7 EMPLOYEE APPEALS - GRIEVANCES I -e12.7.1 Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. I -e12;7,2 Regular employees may appeal to an arbitrator a discipline greater than a suspension without pay of more than one work day using the same procedure for arbitration as is set forth starting in Step 3 of Article 12 (grievance article) shall have just cause appeal and grievance rights as outlined in Article 12 of this Agreement. I -e 12.7.3 Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay of one (1) workday or less by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days ofthe imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. I -ell.8 PERFORMANCE IMPROVEMENT PLAN 25 ITA City of Boynton Beach T A SEIU Florida Public Services Union ('TW ('T r I January 31,2008 Employees who receive a Written Reprimand with a Suspension shall be placed on a Performance Improvement Plan. The purpose of Perfonnance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their I perfonnance throughout the 90-day evaluation period or face dismissal. CRIMINAL CHARGES 12.9 Suspension Pending Disposition of Criminal Charges When a Citv emplovee who is a member of the bargaining unit is arrested and charged with a felonv offence, the employee shall be placed on administrative leave without pay until final disposition of the criminal charges, An employee who is convicted of or who pleads guiltv or no contest to a felonv in conjunction with a J2.ka negotiation shall be terminated from their employment with the City. An employee placed on administrative leave without pay. under these circumstances may use accrued yacation and accrued sick time during the leave period. If found innocent or if the State Attorney drops the charges, not as a result of a plea deaL the time will be reinstated. 2b I T A City of Boy'nton Beach ----.-.-- T A SEHJ Florida Public Services Union CTW. CLC I January 31,2008 I ARTICLE-t-213 - I 13~.O GRIEVANCE AND ARBITRATION PROCEDURES I 13+-2-.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. I ~.LL2 No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that hislher health and safety is threatened. Compliance with such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. I ~ The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application I or interpretation of the Agreement. Counseling, and Performance Evaluations cannot be grieved. I 13+-2-.3 All grievances shall be in writing on a form prepared by the City and Union. All responses to a grievance must be in writing and dated by the responding party. Grievances not appealed to the next higher step within the prescribed time limits will be considered withdrawn and need not be further processed by the City. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended only by mutual written agreement of the Union and the City. I 13+-2-.4 GREIV ANCE PROCEDURE STEPS The parties are in the process of drafting and have agreed '.\Then finalized, the tracking system procedure shall be reduced to '.",riting and substituted for, or supplement, the following Step System._agree to a step procedure for processing grievances. The deadlines hereinafter listed may only be extended by written agreement of the parties. An extension or waiver of a deadline shall never be inferred by the conduct of the parties. When the Union fails to timely move a grievance to the next step, the grievance is deemed withdrawn and cannot be refilled. When the City fails to respond at any step, the grievance is deemed denied and the Union may proceed to the next step. I The parties agree to substitute a grievance tracking system which utilizes the City Clerk's Office as a conduit for filling as follows: I ] 3+-2-.4.1 Step 1. Within ten (10) working days of the incident or the time which the employee had knowledge of the incident, the Union may initiate 27 I T A City of Boynton Beach T A SEIU Florida Public Services Union f:TW c:r.c: I January 31.2008 I a grievance. bv filing a grievance with the Citv Clerk's Office. with a copv to the employee's Department Director/Designee. The grievance shall be hand delivered or sent-by facsimile during re;;ular working between the hours ofE8:00 AM to 5:00 PM1. I The written grievance must state-contain the following: A. Statement of the grievance and the facts upon which it is based, B. The Article Sub-Section(s) of this Agreement alleged to have been violated. C. The action, remedy, or adjustment requested. D. The signature of at least one aggrieved employee and of a union representative (Union Official or Steward) and the date filed. E, A statement indicating the grievance is a class action grievance, when appropriate. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). F, A statement identifying the positions of the class of workers affected when brought as a class grievance. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice- President). G. In the event a grievance doesn't contain the required information. as listed above. it shall be returned to the grievant and/or Union Steward for further processing. If the ten ( 1 0) working davs since the initial incident has passed when the grievance is returned. the period for the grievant and/or Union Steward to resubmit to the Citv Clerk's Office will be extended fortv-eight (48) hours. I The Department Director/Designee shall respond to the grievance on or before 5 :00 PM on the eleventh (11 th) business day following the date of receipt of the gnevance. Step 2. In the event the employee is not satisfied with the disposition of the I grievance by the Department Director/Designee. the Union shall have the right to file a written appeal of the decision to the Human Resources Director within five I (5) days of the date ofreceipt of the Department Director's/Designee's decision. Within five (5) days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within five (5) days \ to discuss the matter. If the union fails to attend the prearranged meeting. the grievance will be considered abandoned. c) The Human Resources Director or designee shall respond in writing to the employee within five (5) days of the meeting. Step 3. When a grievance is not settled under the forgoing steps of the grievance procedure, the Union, within twenty (20) days of such decision, may refer the dispute to an impartial arbitrator from the pre selected panel of arbitrators appointed by mutaal agreement of the parties. mav initiate arbitration bv tiling a 28 I TA city ~fB~Yl~on-B~~~----~' TA SEIlJ Florida Public Services Union CTW. CLC I January 31,2008 I request with the Federal Mediation and Conciliation Service for an arbitration panel. A copy of the request shall be served on the City. The arbitrators shall set the hearing on the matter appealed will be heard within ninety (90) days following appointment. If the arbitrator is not available within the ninety (90) day period, the next arbitrator shall be used. The arbitrator shall make a final and binding ruling within thirty (30) days following the hearing or, when requested by either party, the submission of briefs. The City and the Union has heretofore wiJI selected a panel of six (6) arbitrators from a panel list provided by the Federal Mediation and Conciliation Service (FMCS). The City select three (3) arbitrators and the Union select three (3) arbitrators. These arbitrators shall hoar grievances on a rotating basis, beginning in alphabetical order of the arbitrator's sir name. If Rodney Dennis is no longer a'.'ailablc to servo as an arbitrator, tho City may designate an alternate arbitrator, as Mr. Dennis ,vas one of the City's original designated choices. I 13+.6.5 The arbitrator shall only have ooty.-jurisdietion and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. When the arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the city, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an I arbitration hearing on the grievance itself, if the matter is arbitrable .can be arbitrated. The issue of arbitrability shall be determined in summary fashion without a hearing. The parties shall submit the issue to the arbitrator by motion of the city with supporting documentation and/or affidavits. The Union shall file its response with supporting documentation and affidavits within ten (10) days of the City's motion. The arbitrator shall make his/her ruling based on the documents provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct one telephone conference with counsel for the City and Union prior to ruling on the City's motion. If the City raised the question of arbitrability and loses that determination, the City I shall pay the arbitrator's fee for the arbitrability determination. If the City raised the question of arbitrability and the arbitrator determines that the matter is not able to be arbitrated-, the Union shall pay for the arbitrator. 29 I T A City of Boynton Beach T A SEIU Florida Public Services Union l'TW ("f (" I January 31.2008 I 13R.5.1 The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance step or after the terminated employees' pre-detem1ination hearing. I 13R.6 The hearing shall not be formal and the strict rules of evidence shall not apply. I 13R.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be born equally by the parties. unless they agree otherwise. I UR.8 The term "day" shall mean Monday through Friday, exclusive of holidays, as recognized by this agreement. 3U I T A City of Boynt~n Beach --~_._-_..__._._-----~-~--~---_._-_.__._.,._~-_. - ---- TA SElL Florida Public Services Lnion CTW. CLC I January 31, 2008 I ARTICLE 14 - 14.0 BASIC WORK WEEK AND OVERTIME 14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic workweek and hours of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. 14.2 All authorized and approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one-half times the employee's straight time rate. Overtime shall be offered for a specified work function on a rotating basis based on seniority to those employees who normally perform the job functions during their regular work hours. 14.3 Employees may all be required to work additional hours as directed unless excused by supervision. 14.4 Since the Utility Department is a seven (7) day per week continuous operation, employees will have two (2) consecutive days off after completing their regularly scheduled five day work week. In the event that an employee chooses to do so, and it can properly be scheduled, their two days off per week may be split to accommodate the needs of both the employee and the employer. 14.5 Supervisors will provide no less than two (2) hours advance notice to employees prior to the assignment of scheduled overtime, except in the case where the supervisor has determined that the scheduling of overtime is done on an immediate basis to meet the needs of the community. 14.6 For purposes of overtime computation in the current year of this Agreement (1 on /05 9/30/06) hours actually worked, holidays and vacation time \vill count as hours worked. In the final year of this Agreement (10/1/06 9/30/07) oOnly hours actually worked will be counted for the purpose of calculating overtime~ lliHess either party has requested reopener of this Article, pursuant to the reopener provision oL^.rticlc 51. 14.7 Employees cannot be in a work status more than seven (7) minutes prior or seven (7) minutes after regular workday unless they have their supervisor's approval to be in a work status. Each employee must be advised of the official start and ending time of their department workday. 31 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC \ January 31,2008 I For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute Rule". This rule means that an employee will not be eligible for overtime until he/she has been on the job for more than seven minutes, i.e, at the start of the 8th minute they would then receive 15 minutes at time and a half. This procedure will also be followed if an employee reports to work late. The employee shall be marked as tardy using the same 7/8 Minute rule, for purposes of calculating payroll, however, an employee will be deemed "tardy" if they appear for work anytime after the designated starting time. Any employee that is tardy is subject to appropriate discipline. 14.8 It is understood that the clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured. If at any time, that clock is deemed inoperative, the immediate supervisor will advise employees of the clock which will be utilized in lieu of it. 32 --'-'~-'~--~- ---~--- --~._-----------'-----'- TA City of Boynton Beach TA SElL: Florida Public Services Union CTW, CLC I January 31, 2008 I ARTICLE 15 - 15.0 T ASK ASSIGNMENT - SOLID WASTE 15.1 Workweek and Overtime 15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a daily task assignment. A daily task assignment shall be defined as those duties cOlTelating to collection of solid waste from defined routes: assisting other emplovees in collecting solid waste from other defined routes according to Article 15.1.2: attending departmental meetings that require employee attendance: cleaning and maintaining vehicles; emergency work as denoted in Article 15.1.3 and anv other duties assigned by supervisory staff related to support services for solid waste collection and advanced Citywide disaster preparation and response. 15.1.2 Within the Solid Waste Division, circumstances may arise which prevent certain crews from completion of their assigned route within the work day. In that event management may direct other crews to help complete the route(s) of the crews unable to complete their route(s), on that same day. 15.1.3 All employees in the Solid Waste Division of Public Works that are covered by this agreement shall be considered task employees. Task employees will be assigned to shifts or either 8 or 10 hours per day. Employees will always maintain the same shift for an entire workweek. A daily task assignment shall be assigned at the beginning of the workday by the supervisor. Upon completion of the assigned daily task, the task employee may be required to perform other work functions related to the Solid Waste Division of public Works. Task employees may be assigned duties outside of the Solid Waste Division in the event of pending, ongoing, or past citywide emergencies. Task employees shall be released from duty by the immediate supervisor. No task employee will be allowed to release him or herself from duty. 15.1.4 All task runs shall be equalized as closely as possible, as determined by the Public Works Director. 15.1.5 Employees covering another employees assigned routes when the normally assigned employee is on vacation or out for an extended illness, shall be assigned for the entire 40 hour period, and shall work the same shift for the entire period as the employee whose shift they are covering. Management shall make every effort to assign the employee covering the shift 48 hours in advance. 33 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 15.1.6 Task hours count as hours 'NorIced for the purpose of computing overtime in the carrent year of this ll..greement (October 1, 2005 through September 30, 2006). In the final year of this .^..greement (October 1, 2006 to September 30, 2007), Dask hours will not count as hours worked, and overtime will be paid according to Article 14. I 15.2 Holidays 15,2.1 Employees who regularly work a ten (10) hour assignment shall receive ten (10) hours pay for each observed holiday. Employees who regularly work an eight (8) hour assignment shall receive eight (8) hours pay for each observed holiday. 15.2.2 In addition to receiving holiday pay Solid Waste employees shall receive their regular daily task hours at time and one half when required to work on a holiday even if they complete their assignment in fewer hours than regularly assigned. Should they be required to work beyond their regular task hours on a holiday, those hours also shall be paid at time and one half their regular rate ofpay. 15.2.3 The City will publish a holiday service schedule and make up day schedule at least six (6) months prior to the holiday. 15.2.4 When the work schedule is such that employees will not be required to work the designated holiday, the holiday make-up days will occur on either Wednesday or Saturday, whichever day immediately follows the holiday in question and shall be I paid at the employees time and one-half rate of pay. Should service be provided on Sunday, the City shall pay employees, who volunteer to work, a 3-hour minimum at their overtime rate of pay or the actual time worked whichever is greater. Employees may sign up to voluntarily work on Sunday to perfom1 the same type of work completed during the regular work week. V oluntary Sunday work assignments shall be made on a rotating seniority basis starting with the most senior employee who signed up to work. Ifno employees volunteer to work on a Sunday when work is available, the City shall assign the work on a reverse seniority basis beginning with the least senior employee who would normally performs the work during the regular work week. 34 I T A City of Boynton Beach .-'- -.----......--------.- -- T A SEIU Florida Public Services Union CTW. CLC I January 31, 2008 ARTICLE 16 - 16.0 WORK BREAKS 116.1 Employees shall receive eitber-a one-half hour or a full hour unpaid lunch period.:. each da:.. based on a majority ','ote of the employee group. 16.2 Employees shall alse receive tWOt fifteen (15) minute paid breaks each day. AHy employee group that would like to forgo their fifteen (15) minute breaks and add them to their lunch period may do so on a majority ','ote of the employee group. 16.3 In addition employees shall be in a pay status, each day, as follows: Travel time to and from lunch not to exceed t'Nenty (20) minutes each day. Ten (10) minutes clean up time prior to the lunch period. - Fifteen (15) minutes clean up time prior to the end of the employees shift. I 16.4J Abuse of break or clean up time is grounds for progressive disciplinary action. 35 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 17 17.0 COMPENSATORY TIME - 17,1 Employees may accrue and use compensatory time in lieu of overtime pay \vhen the employee works in excess of forty (40) hours in a workweek, 17.2 Compensatory time will be accrued and used at the same rate the oycrtime rute \-'!ould be paid. The compensatory time must be used within sixty (60) days of the pay period in which the compensatory time was earned or be paid at that time; Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate up to eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty ( 80) hours of compensatory time. Compensatory time may be taken as earned subiect to the approval of the Department Head/Designee who shall schedule the time off to meet the operating requirements of the Depariment. 17.3 It is solely the employee's choice as to whether he/she wishes to be paid for their overtime at one and one-half times their regular hourly rate of pay, or take compensatory time. The City will not encourage employees to take one 1'01111 of compensation over the other. 36 ---_._~-- --~-----_._._._.--_.._- TA CIty of Boynton Beach TA SEIU Florida Public Services L'nion CTW. CLC I January 31, 2008 I ARTICLE 18 _8 18.0 WAGES 18.0-Effective October 1, 2007, bargaining unit employees who are employed on the date of full ratification of this agreement shall receive~JL-5% market base wage -adjustment~ related to base \-vago. 18.2 Effective April 1 , 2008 bargaining unit employees shall receive the following Performance Evaluation wage increase, added to base wage: I a. Performance evaluation score of two point zero (2.0) or higher shall generate a merit increase equal to their score, not to exceed four (4%) b. lfthe Performance evaluation score is below 2.0 No wage increase will be applied. , 18.3 Effective October 1 , 2008, bargaining unit employees shall receive a 2% base wage adjustment. 18.4 Effective April 1. 2009 bargaining unit employees shall receive the following Performance Evaluation wage increase, added to base wage: I c. Performance evaluation score of two point zero (2.0) or higher shall generate a merit increase equal to their score, not to exceed four (4%) d. lfthe Performance evaluation score is below 2.0 No wage increase will be applied. I8.5-No employee will receive a base wage less than the minimum of their pay grade unless they are in a trainee status. No employee will receive a wage increase to a rate higher than the maximum salary for the position. An employee who is at the maximum of the salary range shall receive the base adjustment increase and the Performance Evaluation wage increase, if applicable, as a lump-sum payment. 18.6 The April 1 Performance Evaluation and re-evaluation at each thirty (30) day period shall be completed in an unbiased and fair manner. Justification for all performance evaluation scores "exceeding standards" or "needs improvement" must have been previously provided to the employees being evaluated. Through Labor/Management meetings, the Union and City shall continue to work on the evaluation process in order to ensure pay equity for employees. I l8.7-Employees who receive a performance evaluation rating that falls below a "Meets Expectations" (rating ofless than 2) shall be placed on a Performance Improvement Plan. It is the responsibility of each employee to perform at a minimum level of "Meets Standards". 37 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC I January 31, 2008 I ARTICLE 19 - 19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 19,1 PROMOTIONS 19.1,1 Employees interested in applying for a promotional opportunity must have been in their current position for a minimum of six [Qlmonths and have at least a meets standards performance level. Each promoted employee mustemplov must successfully complete a six {Qlmonth probationary period in the new position. Employees are eligible for the following increases in pay upon promotion: Promotion from non-exempt position to exempt position: + 10% of mid-point of new grade or to minimum of new grade whichever is higher Promotion of one grade (exempt to exempt or non-exempt to non-exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of two grades (exempt to exempt or non-exempt to non-exempt): +7.5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non- exempt): + 10% of mid-point of new grade or to minimum of new grade, whichever is higher 19.1.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. 19.1.3 Each promoted employee must successfully complete a probationary period of six \ (6) months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six {Qlmonths and have a Meets Standards or higher performance rating. 19.2 DEMOTION 19.2,1 Upon demotion, an employee's rate of pay will be adjusted as follows: Decrease of one grade: -5% of mid-point of current grade (position leaving) Decrease of two grades: 38 I TA City of Boynton Beach --~----- ..~..~~---"._-_. T A SEIU Florida Public Services Union CTW. CLC I January 31, 2008 -7.5% of mid-point of current grade (position leaving) Decrease of three or more grades: -10% of mid-point of current grade (position leaving) 19.2.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. 19.2.3 The pay of a promoted employee who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional Increase. 19.2.4 Exceptions to this policy may occur if there is a department restructuring that results in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. 19.3 LA TERAL TRANSFER 19.3.1 Employees transferring from one position to another in the same pay grade, whether in the same or in a different department, will maintain the same pay rate. 19.3.2 Each transferred employee, whether in the same or a lower grade, must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. 19.4 RECLASSIFICA nON 19.4.1 Positions may be considered for reclassification only upon written request of the I Department HeadDepartment Head/Desif:!nee, including detailed justification. If the reclassification is for a change to an existing position classification (e.g. Grade 13 to Grade 14), the incumbent must complete a position questionnaire, which will then be evaluated by the Human Resources Department. If the request is to change from one current position classification to another (e.g. Office Assistant to Office Assistant, Sr.), that justification must be included in the Department Head's request. 19.4.2 Reclassification requests will be considered each year during the budget process. Reclassifications requested during the fiscal year will be considered only if the department is restructuring or realigning major responsibilities. Mid-year reclassifications must have the approval of the HR Director, Finance Director and City Manager. 39 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 3 L 2008 19.4.3 Implementation of any reclassification, whenever approved, will not become effective until the necessary funds are available in the department budget. Any salary change required by a reclassification will become effective as of the date the reclassification is approved. 19.5 PROMOTION FROM PART-TIME TO FULL-TIME I 19.5.1 Each promoted employee promoted from part-time to full-time must successfully complete a probationary period of twelve months from the date of promotion. 19.5.2 Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. I -\'(1 I ;L'\ City of B~ynton Beach _____u__,,_____ TA SEIU Florida Public Services Union CTW. CLC I January 31, 2008 ARTICLE 20 - 20.0 STANDBY & CALL BACK PAY 20.1 STANDBY PAY 20.1.1 In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made in writing by a department director or hislher designee who requires an employee on his/her off- duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during off hours, due to an urgent situation. The written directive placing an employee on standby shall specify a starting and ending period. 20.1.2 Employee placed on Stand-by shall be assigned a take-home vehicle in compliance with the department's rotation list appropriate for the completion of the task required of the employee should he/she be called back to work. All take home vehicles shall be equipped with Automatic Vehicle Locators (A VL) capable of tracking a vehicle's location and the time of day. The A VL capability will substitute for the City time clock for those employees responding to emergency situations in take home vehicles. Therefore, those employees on Stand-by will not be required to punch in or punch out on the normal City time clock and instead may travel directly to and from their home to the work site when responding to after-hours emergencies. For payroll purposes, the starting time of the employee responding to emergencies will be that time when the vehicle leaves the employee's home and the ending time will coincide with provisions outlined in section 20.2 - Call Back Pay. 20.1.3 An employee who is called while on standby but who only responds by telephone or electronic communication is not entitled to call back pay however, the employee shall be entitled to one hour of straight time pay, up to a maximum of five (5) such one-hour payments in a seven-day standby period. Any subsequent call responses are considered as compensation under the initial standby pay allowance. Such pay shall be documented with the time of call and a summary of resolution of the incident telephonically or by electronic communication on log sheets prescribed by the City. If the duration of the call is less than 15 minutes, such time shall not count toward hours worked for FSLA purposes. 20.1 The employee shall receive one hour of pay at time and one half the employees base rate of pay for each 24 hour period that they are assigned standby duty Time spent on standby does not count as time worked for calculation of hours worked in a workweek or for overtime purposes. 41 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 3 L 2008 I 20.2 CALL BACK PAY: 20.2.1 Any employee called back to work after having been relieved and having left the assigned work station or called in before his/her regularly scheduled work time, shall be paid the actual time worked at time and one halfr a minimum of t\VO (2) hours pay at straight time when such callback is between the hours of 8:00 a.m. and 12.00 pm. (midnight) whichever is greater. When such callback is between the hours of 12.01 a.m. and 6:59 a.m. the employee shall be paid the actual time worked at time and one-half or a minimum of three (3) hours pay at straight time, whichever is greater. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitled to Call Back Pay. In this case the finishing time for that particular work day will be adjusted accordingly. 20.2.2 After an employee has been called out once during the employee's time off, all subsequent call outs occurring prior to the employees next regular shift will be at a rate of one and one-half (11/2) times his/her base rate of pay for actual time worked. If work conducted on the call extends into normal work hours, the time worked after the start time will be paid at straight time. 20.2.3 Callout pay constitutes premium pay. Hours worked on call out count as hours worked in the employee's work week. 42 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC January 31, 2008 , ARTICLE 21 - - 21.0 WORKING IN A HIGHER CLASS 21.1 When an employee is qualified for and is temporarily assigned the authority, duties and responsibility for a position allocated to a higher classification, they shall receive a 5% increase in payor the minimum of the higher classification, whichever is greater until returned to their regular classification. Employees shall be required to perform work in a higher classification only upon written memorandum by their supervisor. Employees who work in a higher classification shall receive a 5% increase in pay, or the minimum of the higher classification, whichever is greater until returned to their regular classification. Upon release from duties and responsibilities of the position assigned to a higher classification, the employees salary will be reduced to the rate the employee would be receiving had the temporary assignment never been made. 21.2 Employees shall be required only upon written memo from their supervisor to perform work in a higher classification for training purposes. In this connection, they shall receive a 5% increase in payor the minimum of the higher , classification, whichever is greater, until returned to their regular classification. 43 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 3 L 2008 ARTICLE 22 22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES _ 22.1 Employees who are assigned to train another employee(s) who is/are ne\v to the position(s), shall be assigned in writing and shall receive a 5% increase in pay during the time they are training another employee. 44 I TA City of Boynton Beach-- T A SEIU Florida Public Services Union CTW, CLC I January 31,2008 ARTICLE 23 23.0 EMERGENCY PAY POLICY - I 23.1 Hurricane (eEmergencY1 pay shall hereinafter be paid in accordance with the provisions of City Emergencv Ordinance 2005-036. 45 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31.2008 ARTICLE 24 24.0 CERTIFICA TION PAY 24.1 The City shall pay $500.00 for each certification or license as listed in Appendix 1. The appendix may be amended from time to time pursuant to input tJ-om the Labor Management Committee. as determined and Exceptions to the list shall be agreed upon by the employee and the department head/designee. The City shall also pay for the actual certification or license fee. fee. A pre determined k;t 0 r job related certifications or licenses vv'ill be developed through the labor/management committee, and shall be de'.'eloped by no b',er than sixty (60) days from ratification of this /\.grecment. Thisfee. This provision shall not operate to reduce certification incentive pay policies. currently being implemented b) departments. Bargaining unit members who participate III departmental certification pay programs are not entitled to participate in the program set forth herein I 24.2 24.2 The City shall provide educational and training opportunities for lifeguards during work hours so that the employee may earn and recertify for an EMT certificate. I The City shall pay for the course and all course material. Employees ':;ho current1) I J.:ta-v\..~ LifeQuards who earn EMT certificates shall receive a one-time 5()/~ wage increase upon initially earning the certificate. No other compensation is applicable for this certification. 24.3 If for anv reason an employee's certification is cancelled or expires. his/her salan will be reduced bv the dollar amount initiallv granted when he/she received the 5lj() increase. but shall be reinstated if the emplovee is recertified. 46 TA CIty of Boynton Beach T A SElU Florida Public Services Union CTW. CLC >,en >,en :;:; e :;:; e e 0 e 0 0):;:: 0.>:';:::: '-- ,- '-- ,- '-- en e '-- en e L(') ::J 0 0 ::J 0 0 (.) 0..:;:: (.) 0..:;:: '0 >,0 CO >'0 CO ...... :=: e ,S:1 :=:eJ:? Q) UO):;: UO):;:: OJ ... L. Ci3 . _ l..... L.. C'J III E CO (.) E CO 0) D.. 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Q) ro roO) (f) 0:::::> () 5: ~<i N ("') N N I January 31. 2008 ARTICLE 25 I -- ' ,', '.' . -~'" ';'c ,~ 25.0 SICK LEAVE 25,1 An employee shall notify his/her immediate supervisor or--fl.ffi designee, in a manner provided for by management, of his/her illness no less than one half (1/2) hour before or one half (1/2) hoar after his/her normal workday begins. If an employee fails to call in within the specified time, the employee shall be subject to progressive discipline. This notice procedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies his/her supervisor of the length of time he/she will be absent. I 25,2 Sick leave will be granted upon approval of the departmentdepartmen t ElDirector/Designee for the following reasons: I A, Employee's health, or up to five (5) days per fiscal year for illness of immediate family member the employee's parent, spouse, or child. B. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours, C. Quarantine due to exposure to contagious disease. D. In connection with Workers' Compensation and which shall remain status quo during the tenn of this Agreement. 25,3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or eight (8) hours per month, No employee shall be entitled to use sick leave in excess of the amount of such leave accumulated, Employees may accumulate a maximum of 1040 sick leave hours, All unused hours shall be paid out at 50(~o upon termination of employment \vith the City, Any accrued but unused sick leave hours beyond 1040 shall be transferred into the employee's Personal Leave Bank at one for one. Personal Leave hours may be utilized as necessary, Am unused Personal leave hours may be cashed in upon termination with the City on a two (2) to one (1) basis, or the full value of the hours may be used to purchase health care benefits should the tennination be due to normal or disability retirement. 25.4 An employee making a departmental transfer will retain any unused sick leave, 25.5 Employees who have attained non-probationary status and are regular employees will have payment made for unused sick leave for up to 1040 hours, at the rate of I 50lJo of the total number of hours accumulated, but not taken, upon tem1ination in I good standing, retirement or death. (Retirement shall include nom1al retirement, r I TA City of BOYl~ton Beach~- -------- ----_.._~----~~---~-".._--------_..._._.~._.- TA SEll.' Florida Public Services Union CTW, eIC I January 31, 2008 disability retirement, or early retirement as defined in the appropriate Pension Plan). 25.6 Employees may request, and shall be covered by the provisions of the Family Medical Leave Act. 25.7 Sick Leave Donations 25.7.1 It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances reqUlre the designated employee to be absent from work for a lengthy period of time (workers compensation leave time excluded), and when the employee has exhausted all accrued sick and vacation leave down to 40 hours. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. \ 25.7.2 Sick leave exceeding ~ three (3) consecutive work days requires medical certification on return to work. 25.8 Restricted Sick Leave I 25.8,1 A-Ne member shall be placed on restricted sick leave t:ffiles.swhen-a pattern of sick leave abuse is present and the employee has had a counseling session with I his/her Director or Department Head/Designee, During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave, At that time, the employee will be given an opportunity to explain the sick leave taken. 25.8.2 When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status, If not re-evaluated within five (5) working days after the three (3) month period, the employee will be automatically removed from restricted sick leave. I 25.8.3 25.8.3 During the initial ninety (90) day restrictive sick leave period, if there is a violation of the restricted sick leave policy, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restrictive sick leave beginning on the date of the policy violatjon. For each successive restricted sick leave violation, the employee shall be placed on restricted sick leave for an additional ninety (90) period and shall be subject to further progressive discipline up to and including termination, v,~ Abuse of sick leave occurs when an employee uses sick leave for reasons other than illness. Abuse of sick leave can result in disciplinary action or can efTect performance appraisals. 48 I T A City of Boynton Beach T A SElU Florida Public Services Union CTW, CLC January 3],2(1);': ARTICLE 26 - t;'",;_",,::,,~'l 26,0 WORKERS COMPENSA nON 26.1 Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay, I 26.2 If the period of disability is greater than seven (7) calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his/her normal net pay up to three (3) months. In no case will the salary supplement be extended beyond three (3) months from the date of injury. At the end of three (3) months, the Risk Manager will review the medical certification from the employee's authorized workers compensation treating physician for a determination of pay status, If the authorized medical certification justifies temporary total disability, the salary supplement continuation \vill be granted. If the continuation of the salary supplement is granted, it shall continue a the same rate as defined above for up to an additional three (3) months. In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began, 26,3 After three (3)months from date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, and worker's workers' compensation benefits equal his/her regular weekly net take home salary, The employee must contact the payroll clerk to qualify for the combined check. 26.4 It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. 26.5 If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes first. 26,6 If an employee who is receiving Worker's workers' compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. 49 I TA-Cit)~ of Boy~-ton Beach -_.~---- -----~- ------- ------- -_._----,----~-~--~---~ - T A SElL; Florida Public Services Union cnv, crc I January 31,2008 ARTICLE 27 27.0 LIGHT DUTY -- 27.1 Employees who have injuries which prohibit them from performing their regular assignments may return to work and perform light duty when there is light duty work available and the City has determined that the employee is able to perform the work without risk of further injury. The City is under no obligation to create light duty work. If there is no work available the employee will remain on sick leave status until he/she has a full release to return to work from his/her doctor. 50 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31,2008 ARTICLE 28 - 28.0 VACATION 28,1 Each full time employee shall earn vacation leave as follows: Years of Service Vacation Vacation Days Hours 1 year 10 80 2-3 years ] 5 120 4 years 16 ]28 5 years 17 ]36 6 years 18 144 7 years 19 152 8 years 20 160 9 years 21 168 1 0-15 years 11 176 16-20 years 24 192 21 years 25 200 I 28,2 Vacation leave may be taken as earned, in one or more one hour blocks.thirtv (3Ql minute increments subject to the approval of the Department Head/Designee who shall schedule vacations so as to meet the operating requirements of the Department. Approval of vacation leave requests must not be unreasonably withheld. 28.3 Emplovees shall be allowed to take their birthday off and the day shall be charged as a vacation dav in accordance with the rules and provisions regarding the use of vacation time. I 287.:-;.1 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 I September 30 -may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that (October I ~ September 30) period will be forfeited as of September 30, However, employees who have been denied vacation shall have the excess vacation hours paid to them, at their regular straight time rate of pay in the last pay check of the fiscal year, 28.4 Vacation requests of three (3) shifts or less must be requested and approved or denied prior to the end of the work shift the work day preceding the time requested off. Vacation requests of four (4) shifts or more must be requested and approved or denied forty-eight (48) hours prior to the time requested off. 51 I 'fA City of Boy;;tt;n Beacl1 ._--~~----- ~--_._. - n..___. ~_~___.____ _ TA SElL: Florida Public Services Union CTW, CLC I January 31, 2008 Advanced vacation requests must be approved or denied within thirty (30) days of the date of the request. 28.5 Employees shall be allowed to take up to twenty-four (24) hours of emergency vacation leave on an annual basis. Employees shall make such a request in accordance with the applicable, published Departmental call-in procedure with the Supervisor within thirty (30) minutes of the start of the work shift. 28.6 An employee who takes leave without a timely request or without approval shall be docked pay for the time not worked and is subject to additional disciplinary acti on. 28.7 Emergency Cash-In of Vacation and/or Sick Leave Time 28.7,1 Employees faced with sudden extraordinary circumstances of hardship who have in excess of 40 hours of accrued vacation are eligible to request emergency cash in of vacation. If approved, an employee may convert up to 90 hours to cash (less applicable taxes) provided they have 40 hours remaining in their vacation accrual account after the cash-in, Conversions must be done in increments of one work day. 28.7.2 Employees who do not have enough vacation time to use for the total amount of \ emergency cash may consider including sick leave hours. Sick leave hours that are cashed-in will be calculated at 50% of the_employee's hourly rate, The total of I vacation and sick leave hours may not exceed 90 hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted if the employee has the amount of sick leave credited to his/her sick leave I account and ~1he employee-fffitSt retain~ a minimum of eighty (80) sick hours on the books. 28.7.3 A request must be made in writing outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each year. At the discretion of the City Manager, the time limit rule may be waived ifthere are exigent circumstances. 2-&&28.7.4 Denial of sick leave pay will be made in writing stating the reasons for the denial. Employees may take advantage of this provision once during each year of this agreement Up to twenty-four (24) hours of an employee's annual vacation accrual may be granted for absences from work when a vacation request cannot be made according to Article 28.4. Employees must notify their supervisor of the need for 52 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 3], 200S this absence within one half (1/2) hour of their normal shift start time. Time used in this regard may be used in increments of one (I) hour. 28.8Employees shall be allowed to take their birthday off and the day shall be charged as a vacation day in accordance with the rules and provisions regarding the use of vacation time. 53 - "---.-..---- I TA City of Boynton Beach T A SEILJ Florida Public Services Union CTW, CLC \ January 31,2008 ARTICLE 29 29.0 BONUS DAYS AND BONUS INCREASES - " 29.1 BONUS DAYS: 29.1.1 The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. 29.1,2 All full time City employees covered by this policy are eligible to receive a bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in \ this document. For the purpose of this calculation. a day shall consist of eight (8) hours. 29.1.3 Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. 29.2 BONUS INCREASES: 29.2.1 In addition to any other monetary benefit, the City Manager is authorized to I approve a bonus of $500.00 when such a bonus iLjustified, by the Department Head/Designee, in writing, on the prescribed forms by the Department I-lead. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to receive bonuses. This ts-a-system allows for where top performance eafl-!2..-be recognized by the immediate supervisor and prompt rewards eaH-!SLbe made at the discretion of the supervisor~ provided the dDepartment fiHead concurs. This top performance must be substantiated by the supervisor and the Department Head/Designee using the prescribed forms furnished by the City Manager. I 54 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, ].OOS i ARTICLE 30 30.0 HOLIDA YS -"" 0(,. .......1 ",.~ '. ' . .' ,.,'~ 30.1 The following holidays shall be observed for employees in the bargaining unit: New Year's Day Veteran's Day Martin Luther King, .Tr. Day Thanksgiving Day President's Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor Day 30.2 For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10) hours of pay. In all events, where the employee is scheduled off for the holiday, the employee shall be paid straight time for not working that holiday. In the event that an employee is scheduled on during a holiday, the employee shall be paid their regular rate of pay for working the holiday (time and one-half) and shall be paid straight time for the holiday, Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday, 30,3 A full-time employee required to work and who actually works on an observed I holiday or on the actual calendar day of the holiday~ but not both, shall receive time and one-half (1 1/2) their regular rate of pay for all hours worked in addition to that payment provided in section 30,2. 30.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned, Holidays that occur during vacation leave shall not be charged against such vacation leave, 30.5 Holidays falling on a Saturday shall be observed the preceding Friday, Holidays falling on Sunday shall be observed the following Monday, 55 ------- ~._~-,_..._----~----_..- TA City of Boynton Beach TA SEll' Florida Public Services Union CTW. CLC I January 31, 2008 I ARTICLE 31 - 31.0 COMPASSIONATE LEAVE 31.1 In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive workdays for anyone death. However, ifit is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive workdays shall be allowed, Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. 56 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31,2008 ARTICLE 32 32.0 MILIT ARY LEAVE - " ,JcJ 32.1 Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled~ pursuant I to Florida Statute 115.07-to seventeen (17) calendar days with pay each year in order that these employees may fulfill their military obligations, Fire depm1ment shift personnel v/ill be granted a maximum of nine (9) shift days. ~ 32,2 Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. 32.3 The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution, If an employee has dependent insurance coverage, the Finance Department will consider this in detennining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. 32.4 Continued Service: Unless the person provides the City with written notice tbat they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility 5"7 I TA City of Boynton Beach T A SEW Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 33 33.0 LEAVE OF ABSENCE - 33.1 A regular employee may be granted leave of absence without pay for a period not to exceed six_months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of 30 calendar days must be approved byJhe City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e,g" insurance, etc. 33.2 Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service, All employees on leave of absence without pay are subject to applicable provisions ofthese rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding 30 days. 58 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC ! Januarv 31.2008 ARTICLE 34 - 34.0 UNAUTHORIZED ABSENCE 34.1 A bargaining Unit Member who is absent from work without authorized leave for I a period of more than threej]j days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be considered a disciplinary separation. 34.2 However, a bargaining Unit Member who is absent from work without authorized leave for a period of not less than three (3) days or more than thirty (30) days, but who was physically unable to notify his/her employer or have another person notify his/her employer, shall not be deemed to have abandoned his or her job and shall not be separated from employment with the City, Under these circumstances, the director of Human Resources must be provided with details of the absence and he or she must detennine if just cause exists, 59 ----- ---. ------ I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 35 35.0 JURY DUTY - 35.1 Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director, All pay granted under this section must be approved by the Department Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with hislher regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. 60 \ T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 3].200\ ARTICLE 36 36.0 SENIORITY, LAYOFF & RECALL - *': i .{. ~' it,; b' ""><%'%iJit 36.1 For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced work force and agree that an employee's seniority shall be considered, along with the needs of the City, \vhen affecting decisions on vacations, promotions and shifts. 36.2 Employees shall lose their seniority for the following reasons: a. Termination b, Retirement c, Resignation d, Layoff exceeding the period of recall e, Unexcused absences for three (3) or more days f. Failure to report to the hHuman fResources eOffice intention of returning to work within five (5) days of receipt of recall as verified by certified mail. g, Failure to report from military leave within the time prescribed 36.3 Layoff and recall of employees shall be handled in the following manner~ a, The City Manager may lay-off any employees in the bargaining unit whenever such action is made necessary because of shortage of work or funds, the abolition of a position or changes in the work force, However, no regular employee shall be laid off while there are employees with less seniority or temporary or part time or provisional or probationary employees in the same classification serving in the department \vhere the lay-off occurs, b, Whenever a layoff of one or more employees becomes necessary, the City I Manager shall notify the Union at least two (2) weeks in advance of the intended action and the reasons therefore. c, Layoffs will be made in reverse order of seniority within the department. Senior laid-off employees of the department shall be able to displace I (bump) junior employees who are in any equivalent or lower classification, for which the bumping employee is eligible for or for which he qualifies by meeting the requirements as set forth in the job description. hl I TA City of Boynton Beach _._-~ -- -~-.-_.- TA SEIU Florida Public Services Union CTW. CLC \ January 31, 2008 d. Laid-off employees also shall have the right to accept the lay-off. In this connection, the laid-off employee shall have his name placed at the top of the eligibility list for any position which becomes open, and for which the employee is qualified. The employee may pass or accept placement into any such open position for a period of one year. e. Employees shall have recall rights for a period of one year from the date the lay-off took affect. Upon recall, employees shall have all seniority and benefits restored with the exception of any benefits that were cashed in during lay-off period. f. Employees may also choose to accept the lay-off at the time of the initial I lay-off and receive a severance package of nineJ22 weeks~ wages. In this connection, the employee may not reapply to a position within the City for I oneill year from the date the lay-off took affect and shall not be placed on the recall list. I g. It shall be incumbent 1!Qon the laid-off employee to ensure the City has information pertaining to his most recent address for the purpose ofrecall. h. Employees shall be recalled in the inverse order of the layoff. The City shall recall employees via a written document using the US Mail service, Recall letters shall be sent certified, with a return receipt requested. Employee shall have ten (10) business days to respond to the recall letter. A laid-off employee who is temporarily unable to return to work due to medical reasons shall receive an extension of recall rights not to exceed four (4) months. 62 I TA City of Boynton Beach T A SElU Florida Public Services Union CTW, CLC I January 31,2008 ARTICLE 37 37.0 RECRUITMENT AND SELECTION - ~, ' - > ~\ ' '.. .:i '. ~ 37.1 In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the City through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. 37.2 Basic Requirements 37,2,] Human Resources is responsible for the nondiscriminatory implementation of this policy. 37.2.2 Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. I Departments have no authority to modify or waive the provisions of the Personnel Policv Manual (PPM}. 37.2.3 Human Resources has primary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. 37.3 Procedures 37,3.] Applications and Interviews 37,3,1.1 Once Human Resources has officially announced ajob vacancy through the posting of an Employment Opportunity notice, the official recruitment process has begun, The recruitment process may be withdrawn for any position by the Director of Human Resources, 37.3,1.2 Individuals desiring consideration for employment must submit an Application for Employment, or a resume to Human Resources. Employees are encouraged to submit applications for promotional opportunities. All applicants submitting a resume and granted further consideration shall complete an Application for Employment. 63 I T:\Clty of Boynton Beach .- -_._'---~--" --~.__._-~---- - T A SEIU Florida Public Services Union CT\\:. CLC I January 31, 2008 I VeterunsVeteran's preference will be given in compliance with current legislation. 37.3.1.3 Applications must be signed by the applicant. Falsification of any part of the Application for Employment or any related documents may, upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee. 37.3.1.4 All applications and resumes received by departments must be forwarded to Human Resources. I 37.3.1.5 Applications for employment may only be accepted by the Human Resources Department when there are current vacancies for a specified position. 37.3.1.6 When a vacancy occurs, previously submitted applications and resumes on file in Human Resources may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. I 37.3.1.7 Applicants for Gfertain classifications may require applicable testing prior to being given consideration. Human Resources will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. 37.3.1.8 Human Resources shall advise the appropriate Department Head of the eligible applications. 37.3.1.9 Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with current class specifications, b. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or co-interviewing of applicants at the request of the department. c. Determine which candidate is most suitable for further consideration and proceed with additional interviews, if necessary. d. Determine that the applicant pool was sufficient prior to recommendation for employment. 64 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 3].2008 , 37,3.2 Selection, Reference Checks and the Recommendation Process 37.3.2.1 Once the interview process has detern1ined suitable applicants, the department shall be responsible for checking references. No inquiry regarding criminal records, credit history or medical conditions shall be made at this step ofthe evaluation. 37.3.2,2 Human Resources may also conduct verifications regarding academic degrees, previous employers, and character references. All information provided on the Application for Employment will be subject to verification as needed. 37,3.2.3 Once the results of reference checks and other verifications appear satisfactory, the department will be notified in order that processing may continue, 37.3.2.4 The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. If the Department Director proposes a salary that exceeds the minimum of the position's pay range, written justification must be included for consideration of the salary. 37.3.2.5 Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical will be conducted if applicable; 'vvhich may this may include a drug test. for the applicant~ is then scheduled, Medical examinations must be satisfactorily passed to detern1ine fitness to perform the duties of the position, At this step ofthe hiring process, Human Resource, with the assistance of the Florida Department of Law Enforcement (FDLE) shall check the prospective employee for a criminal record and may obtain, following the requirements \ ofthe Fair Credit Reporting Act the prospective employee's creditjJ required. 37,3,2,6 After acceptance of an applicant's physical examination and drug test results. criminal background check and credit check, ifrequired, the Human Resources Director may authorize proceeding with the hiring process, 37,3,2,7 It is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself, determinative or controlling. 37.3,3 Employment Acceptance 37.3,3,1 Employment acceptance must be made by the applicant within three (3) workdays of the department's employment offer, unless otherwise CJ5 \ lA City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC I January 31, 2008 extended by Human Resources. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. 37.3,3.2 The department must work with ooti.fy Human Resources to determine &f the tentative hire date. New employees must provide proof of werk eligibility to work in the United States and verification of identity to the City, Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. 37.3.4 Orientation 37.3.4.1 Human Resources shall schedule and conduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices. 66 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31. 2008 ARTICLE 38 38.0 SAFETY AND HEALTH - . . . tl< 38,1 Those employees of the Beach Patrol who are assigned lifeguard duties will be provided masks or goggles, sunscreen lotion, bathing suits, and winter jackets for safety purposes. In addition Beach Patrol employees shall receive a wage allowance of $120.00 per fiscal vear, by December 1 st of each year, for the purchase of specialty sunglasses or prescription safetv eve wear of $120,00 peF fi~;cul year. I Mechanics will be provided two (2) sets of overalls per year for safety purposes, The City shall make available immunization shots for tetanus, hepatitis and I diphtheria for all members of the bargaining unit as requested on a voluntary basis, 38.2 Employees who are in positions designated by the Safety Committee will receive an annual shoe wage allowance of $190.00 each year for safety shoe~/boots payable once~ for each year of this Agreement. New emplovees who arc hired after the shoe allowance has been paid will receive a pro-rated amount based on the number of months remainin?- in the fiscal vear. The City/Safety Committee will be responsible for deciding which positions require the wearing of safcty shoes based on OSHA standards and recommendations. Management shall determine the type and quality of sLlch shoes, Employees who fail to wear proper shoes/boots to work are subject to disciplinary action, 38,3 The union may participate on the Safety Committee, Employces in Sanitation who provide Re-cycle, Rear Loader and Vegetation I services, and Water Utilities employees who aro Motor Readers, '.Vater Plant Mechanics and Operators may require have need of more shoes each year than the wage allowance will cover. In this event, the employee must present the wom shoes and original receipts for shoe purchases in the fiscal year totaling more than the shoe wage allowance provided in Section 38.2, to his supervisor to receive approval prior to the City purchasing the employee an additional pair of shoes. I 38.4 The Incident Review Board shall include one representative appointed by the Union. I ()i I T./'" City of Boynton Beach -----_._----~ - _..~-,---~----~.~--_.~~~..__. -,-- TA SElU Florida Public Services Union CT\V, CLC I January 31, 2008 38.5 Commercial Drivers' License (CDL License) Physicals In accordance with the Federal Motor Carrier Safetv Ref:!ulations (FMCSR) employees in position classifications which require a CDL license. and emplovees who may hold a CDL license and from time to time perfonn CDL iob functions for the Citv due to special circumstances. must be medically examined according to re€!ulations and be certified with a valid medical certificate. in accordance with the FMCSR re€!ulations. as physically qualified to operate a commercial motor vehicle, The cost for the regular phvsical examination required to maintain a CDL license will be borne by the City. Anv additional expense related to maintaining the license will be borne by the employee. 68 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 39 39.0 TOOL REPLACEMENT - ' ,'Iii l~ ' ,'- """'>>. 39,1 Except in the case of negligence or misuse as determined by the Incident Review Board, all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head, 39,2 Employees who are assigned City provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from an assigned City owned vehicle or City property shall be replaced by the City, if the employee was not negligent in the loss. In the event that the employee was negligent, as determined by the Incident Review Board, the employee shall be responsible for the replacement of the lost or stolen tools, 39.3 Fleet Mechanics shall receive an allowance of $750.00 annually to purchase new tools that are required for the employee to complete his assigned task, The City shall continue to purchase all required specialty tools and replace lost, stolen, or broken tools at fair market value. For all other employees, the City shall provide all necessary tools to those bargaining unit employees required to utilize tools in their service to the City, 39.4 Payments provided for replacement items under this contract are provided as (\ reimbursement and not as a flat payment. I 39,5 New hires who are eligible for a tool allowance shall receive a prorated amount of the annual allowance based on the number of months remaining in the fiscal Veal', 69 I TACit;:-;;rB;ynton Beach ..------------- ----------.. T A SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 40 40.0 UNIFORMS _ 40.1 The City will issue a newly-hired employee the following properly fitted standard industrial quality uniforms thirty (30) days after starting work: 5 Green short-sleeve or long-sleeve work shirts 5 Green work pants 5 Tee Shirts 1 Jacket (Bi-annually) Hats as necessary I 5 White Polo Shirts (Bus Drivers and Animal Control Officers Only) 2 Sweatshirts I 40,2 Animal Control Officers and Lifeguards shall be issued uniforms in accordance with the Department Policv. Employees have been furnished a uniform and must wear their uniform to work. Bargaining unit members are being given a sufficient number of uniforms to make a neat, clean appearance at work every day. Bargaining unit members will not be allowed to start work each day unless they are in full uniform. Employees must purchase additional uniforms if necessary to comply with this Section unless the uniform is replaced pursuant to Section 6 of this Article. Only City issued hats and jackets may be worn while on duty, inclusive of breaks. 40.3 Bargaining unit members agree to maintain the uniforms and to hem the pant leges) properly (There will be no cutting or ripping of raw, unfinished edges, rolling up, stapling or scotch taping). 40.4 The City Manager, in his/her sole discretion, may permit employees in certain classifications to wear shorts. When worn, shorts must be neatly tailored and hemmed without frayed edges or cuts, and must fall within four (4") inches of the kneecap, During the term of this agreement and thereafter, the City Manager in his/her sole discretion may change the decision made under this Section and the Union agrees to waive any bargaining over such changes. 40.5 Bargaining unit members will be entitled to a reissue of properly fitted standard industrial quality uniforms. Reissue of uniforms on an annual basis consists of I five (52-work pants and five f2lwork shirts, with an option of five T-shirts for a total of 10 shirts two (2) sweatshirts annually. (This option is determined by the employee's needs). 40.6 Uniforms destroyed or damaged while being worn on the job will be replaced I provided a memo is submitted from the employee to the supervisor outlining 70 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 3 L 2008 I outlininf! the cause of the damage is provided. All issues being replaced must be turned in for the new issue and recorded, 40,7 City uniforms are for City job use only. Uniforms shall not to be worn on outside jobs, be given to non-city employees, or worn while off duty (break periods excepted), except while the employee is actually traveling to and from work, UnifOlms may be worn while traveling to and from work, provided the employee does not stop in transit to engage in personal business or activities. Bargaining unit employees shall not purchase or consume alcoholic beverages while wearing their uniform. 40.8 During the term of the .^.greemcnt, should the City provide a uniform cleaning service to bargaining unit members, u committee may determine to change the color of the uniforms to the color "blue", Employees may opt out of utilizing the uniform cleaning sCf'.'ice if they can provide documentation from a physician indicuting a medical condition that requires the use of other cleaning process. The Citv reserves the right to utilize a uniform service for the proyision of uniform apparel. 40,9 .^,n employee may '.'leur a City approved alternate '..miform When the employee has a medical condition, as identified by the employee's physician and verified by a City appointed doctor, which condition prevents the employee from \vearing the standard department uniform. the employee may wear a City approved alternate uniform, If the medical condition is for an extended period of time. an updated doctor's note shall be resubmitted eyerv two (2) Years. 40.10 Failure to wear the proper uniform will result in the appropriate disciplinary action in accordance with Article 12. An employee who comes to work in non- approved apparel will be sent home for the balance of the dav and his/her pay wi II be docked accordinglv unless apparel is unavailable. ....1 _._.._-~---~-~~-- -~_._~_.._- --,,-_._._.__....~----~-- TA City of Boynton Beach TA SElU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 41 - 41.0 INSURANCE 41.1 The City shall pay the total comprehensive medical, and dental insurance and vision care premiums for all regular employees. The employees will pay the full cost of comprehensive medical and dental insurance and vision care premiums for their dependents. Existing or comparable cowlerage shall remain in effect for the duration of this "Aigreement; however in the eWlent the City can prow/ide for alternative equivalent benefits options for employees then the health insurance cowlerage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The selection of insurance coverage shall be made on an annual basis by the City. To that end, the City ,,/'ill form an insurance committee to be comprised ef an equal number of non represented members wha are appointed by the City Manager and t'l'/O members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved ta the City, but the City shall strongly consider input and recommendations fram the insuranee eommittee. 41.1. Medical, Vision and Dental Insurance The City shall pay the total medical, vision and dental insurance premium for all bargainin2: unit members. The members will pay the full cost of medical, vision and all but $7.00 of the dental insurance premium for their dependents. Existin2: coverage levels and benefits shall remain in effect until at least September 30, 2008. In the event the City changes benefits options for employees after September 30, 2008, then the health insurance coverage for the emplovee and their dependants may be amended from time to time. In this connection, should the emplovees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of bargaining. The review and selection of insurance covera2:e shall be made on an annual basis by the City. To that end, the City will form an insurance advisory committee to be comprised of an equal number of non-represented members who are appointed bv the City Mana2:er and two members from each of the city's bar2:aining units. Bargainin2: unit representatives shall be desi2:nated by the Union. The final decision regarding selection of insurers is reserved to the City, but the City shall stron2:ly consider input and recommendations from the insurance advisory committee. I 72 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31. 2008 ARTICLE 42 - "" 42.0 PERSONNEL FILES 42.1 The personnel files for all City employees are maintained by the City's Human Resources Department. If a request is made to review an employee's personnel file by someone other than the Department Director, the Human Resources Department Staff or the City Manager's office, a notice will be sent to the employee notifying him/her of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make duplicate copies of his/her records at no expense. The City will purge personnel files in accordance witll appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. -r '~ I T A City of Boynton Beach TA SElU Florida Public Services Union CTW. CLC I January 31, 2008 ARTICLE 43 43.0 TUITION ASSISTANCE PROGRAM - 43.1 PURPOSE Defines the Tuition Assistance Program, which reimburses eligible employees for successful completion of approved courses up to a $1,500.00 cap for Associate degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate degrees per fiscal year for tuition and books, The City makes no commitment to employees that advancing their education will result in either a promotion or pay Increase. 43.2 SCOPE 43.2.1 The provisions of this procedure shall apply to all full time employees who choose to attend an accredited college or university to pursue an approved degree course. 43.2.2 List of Responsibilities: A. All full time Employees B. Division Heads C. Department Managers D. Tuition Assistance Coordinator E.Director, Organizational and Strategic Development (OSD) Human Resources Director F. Human Resources 43.2.3 Definitions 43.2.3.1 Full time employee - an employee who has completed one year of service with the City after hiring or promotion to full time status. 43.2.3.2 Tuition Assistance Coordinator -- Assigned designee who coordinates the Tuition Assistance Program. 43.2.3.3 Human Resources Director, Director, Organizational and Strategic Development Assigned person who supervises the Tuition Assistance Program. 43.2.3.4 CAP - Upper limit on dollar amount that the City shall reimburse. 43.3 REQUIREMENTS 74 ITA City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC January 3 I . 2008 43,3.1 Eligibility 43,3.1.1 Applicants shall be full-time employees and meet the following performance and length of service requirements prior to beginning classes, 43,3.1.2 Full time employees who have completed their one-year probation. Part- time and Temporary Employees shall not be eligible to receive tuition assistance. 43.3.1.3 Employees who are bound by a union contract that references a tUItIOn reimbursement will follow the provisions laid out in their contract and shall not be eligible under the terms and conditions of this Tuition Assistance Policy. 43.3,1.4 Employees must maintain a mInImUm or comparable rating of "meets standards" on performance reviews in order to remain eligible for tuition assistance. 43,3,2 Application 43,3,2,1 Employees may apply for reimbursement limited to $1,500.00 per AA or AS, S2,000.00 per BA or BS, and $3,000.00 for graduate degrees cap per Fiscal Year by completing the Application for Tuition Assistance forrrl (PDF, 021) available in the Organizational & Strategic DevelopmeH-l: department, Human Resources departments, and on the "S" drive, 43.3.2.2 Application is restricted to tuition and texts only for approved courses required in the program, 43.3,2.3 Approval Cycle: Completed applications for Tuition Assistance should be submitted by the applying employee to their manager for approval, then sent through their area signature cycle, including their Division Director and then to the Tuition Assistance Coordinator who will submit it to thc Director Organizational & Strategic Development Human Resources Director for-final approval. 43.3,2.4 The Director Organizational and Strategic Dcvelopmcnt Human Resourccs Director must approve applications prior to attending the first class to verify the c1ass is eligible for reimbursement. Employees who begin classes prior to approval by those listed on the Approval Cycle will not be reimbursed. Incomplete applications will be returned to the employee and will delay approval. 43,3,2,5 Original receipts for tUItIon and books should be sent to the Tuition .\~;~;istance Coordinator Human Resources Administrative Assistant as -) ----~~..- . ~__.____m_____.'____.._ TA City of Boynton Beach TA SEIU Florida Public Services Cl1lon CTW. CLC I January 31, 2008 soon as they are available. Reimbursement will not be made without original receipts. 43.3.2.6 Final approval of all Tuition Assistance applications rests with the Director of Organizational & Strategic DevelopmentHuman Resources Director. Job-relatedness as determined by the City shall factor significantly into the City's decision to approve a given course or program. 43.3.2.7 Once approved, a copy of the application shall be returned to the employee. This copy should be saved and re-submitted with the original I course grade at the end of the course to the Tuition Assistance CoordinatorHuman Resources Administrative Assistant. Courses or books that are rejected from reimbursement shall be noted on the copy. 43.3.3 Selection of courses and schools 43.3.3.1 Tuition Assistance is granted at the City's sole discretion for individual courses based on course content and job-related factors. Generally, courses must aid employees to improve performance in their present job or prepare for advancement within the City. All courses in a degree program shall not be automatically covered, Electives must be chosen to provide the greatest benefit for the employee's current position or a future position within the organization, 43.3.3.2 Colleges and universities must be accredited by the appropriate regional accrediting association, and must be included in Florida's Independent Licensed and Accredited Colleges and Universities and/or the Directory of Accredited Institutions. 43.3.3.3 Colleges and Universities granting degrees by distance learning media must be accredited by the appropriate regional accrediting association, and must be included the Directory of Accredited Institutions. The availability of courses at a community college or four-year university in the local area, as well as the ability of the employee to attend these classes, shall be a determining factor in approving a correspondence course. 43.4 INELIGIBLE COURSES 43.4.1 Certain courses shall be considered ineligible for reimbursement under all circumstances, even if they are a degree requirement. Examples of these types of courses are: physical education and sex education classes. 43.4.2 Seminars, of any kind, shall not be reimbursed under the Tuition Assistance Program, 76 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31,2008 43.4,3 The Tuition Assistance Pro gram shall not cover classes that earn Continuing Education Units (CEUs), 43.4.4 Review ,courses designed to "coach" the partIcIpant to improve their chances in passing a test, such as a CPA examination or college entrance test (SAT), shall not be covered, 43.4,5 Courses that are graded on a pass/fail option shall not be eligible, 43.4.6 Courses that officially began prior to the employee becoming eligible for tuition assistance shall not be eligible, 43.4,7 Courses issuing credit for "Life Experience" or Portfolios shall not be covered. 43.5 MA TERIALS AND FEES 43.5.1 Eligible for reimbursement. 43.5,1.1 One hundred percent (100%) of tuition shall be reimbursed if a grade of "B" or better is earned. Fifty percent (50%) of tuition shall be reimbursed if a grade is "C." There shall be no reimbursement for courses where the earned grade is below "c," 43.5,1.2 Cost of all required books for which an original receipt is submitted shall be reimbursed. Employees may be required to provide documentation that their professor or instructor requires certain books, 43.5,2 Ineligible for Reimbursement. 43,5.2,1 The following fees shall be ineligible for reimbursement: activity. administrative, application, course change, entrance exams (e.g., SAT. GRE, GMA T), graduation, health, laboratory, late registration, library. parking, registration, transcript, etc. 43.5.2.2 The following equipment, supplies or miscellaneous costs shall be ineligible for reimbursement: pens, pencils, folders, notebooks, study guides, private tutoring, calculators, tape recorders, photographic equipment or supplies, computer equipment or supplies, software, etc, 43,6 TUITION AND BOOKS 43.6.1 Eligible for Reimbursement 43.6,1.1 The maximum per hour reimbursement will be based on the current tuition rates at Public institutions in the area, and is limited to tuition and texts only for approved courses. I TA city of Boynton Beach --~_.,~---.- -~~~~~---~------- -~_...__._...- TA SElL! Florida Public Services Union CT\V, CLC I January 31, 2008 43.6.1.2 The approved copy of the Application for Tuition Assistance form shall be documentation that the employee is eligible for Tuition Assistance in accordance with City policy. This approval does not imply the City will accept responsibility to pay the employees tuition to the school or any other party. 43.6.1.3 Tuition and books which are paid by student loans are covered under this policy. Employees must produce proof of student loan if they are not the payee on the registration documentation. 43,6.1.4 Employees will be reimbursed the difference between the amount covered by non-refundable financial assistance and the total cost of tuition and books up to the maximum of the amount allowed under this policy when the cost of tuition and books exceed the limit of the scholarship or financial aid. Employees must provide proof of financial aid and or the value of the scholarship 43.6.2 Ineligible for Reimbursement 43.6.2.1 Courses which are covered under any non-refundable financial aid, including scholarships, and government assistance, are not covered under this policy. Employees may not submit claims for reimbursement for tuition or books, which are covered by non-refundable financial assistance. 43.7 TERMINATED EMPLOYEES 43.7,1 If an employee receives approval for a particular semester and begins attending classes, but is involuntarily terminated by the City prior to the completion of the courses, the City may at its sole discretion reimburse the covered expenses. The course must have already started prior to the involuntary termination for reimbursement to be paid. 43.7,2 Employees who voluntarily leave their employment or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance received during the 24 month period prior to their termination date. 43.8 SUBMISSION OF GRADES 43.8.1 A copy of the approved Application for Tuition Assistance form or a facsimile shall be re-submitted to the Tuition Assistance Coordinator along with the original grade report and any remaining original receipts. 78 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC i January 31, 2008 43.8,2 Approved applications will be held for four (4) weeks after the anticipated course completion date. Grades or receipts not presented by this time shall not be reimbursed. 43.8.3 Employees will usually be reimbursed for approved courses within four weeks from submission of the final grade report. All reimbursements shall be paid by City check. 43.8.4 If a degree is earned, a copy must be submitted to the Tuition Assistancc Coordinator so that it may be included in the employee's file, 43.9 DISBURSEMENT 43.9.1 Tuition assistance will be granted up to and including available funds in the budget for the fiscal year. At no time will reimbursements exceed the available funds in the current fiscal year budget. 43,9,2 Reimbursements will not be retroactive and will cover only those classes taken in the fiscal year in which they applied. 43.10 RESPONSIBILITY AND AUTHORITY 43.10,1 Management, at all levels, shall be responsible for enforcing this policy within their area, 43.10.2 The interpretation and administration of this policy shall be the responsibility I of the Director of Organizational and Strategic Development Human Resources Director~ \43.10.3 The Dircctor of Organizational and Strategic Developmcnt or assigned designee, Human Resources Director shall be responsible for the audit. approval, and processmg of tuition assistance applications and reimbursements. "7<) --~_.~-- ...~---,----~_.._._- I T A City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 44 44.0 GENERAL PROVISIONS - 44.1 The employee shall be allowed to place written responses in their personnel file and/or departmental work file when those responses relate to material placed into the personnel file which has been prepared by the supervisors (i.e. reprimands, written comments). 80 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31, 2008 ARTICLE 45 - 45.0 DUES DEDUCTION 45,1 Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying LOC'\.L 1227 the Union dues and/or a uniform COPE deduction. Employees shall receive copies of the form from either the City Finance Department or their Union office. 45.2 The Union will initially notify the City as to the amount of dues and/or COPE deduction. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues or COPE deductions will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues and/or COPE deductions~ the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Finance Department. 45.3 Dues and COPE deduction~ shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees I contributing to the Treasurer of LOCAL 1227 the Union-within fifteen (15) days after the end of the month. The check for COPE deductions will be submitted to the Union separately from the check for dues on a quarterly basis beginning April 2004, The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction or Union dues and/or COPE deductions, 45.4 For the purpose of putting this article into effect, the Union will furnish fornls for such individual authorization reading as follows: 81 I T A City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC I January 31, 2008 NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of the Union. I herby authorize my employer to deduct from my salary each pay period my COPE deduction of $1.00 per week, as certified to the employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that these authorizations are voluntary and I may revoke them at any time by giving my employer and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed Social Security No. 82 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31. 2008 ARTICLE 46 46.0 PENSION _r !i ........;i]~ :.!h,li. ':;i<'>>!<>;- .011"., 46.1 Employees will continue to participate in the cmployeesemplovees' pension plan of the City of Boynton Beach Ordinance No, 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. 83 ________n.'..'___..._._ I TA City of Boynton Beach TA SEIU Florida Public Services Union CTW. CLC I January 31, 2008 ARTICLE 47 47.0 SUBSTANCE ABUSE - I 47.1 The NCFO, LOC\L 1227 Union recognizes and supports the City's Drug Free Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to enforce the provisions of the policy. It is recognized by the Union that the City's Drug Free Workplace Policy applies to all members of this bargaining unit. 84 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31. 2008 ARTICLE 48 48.0 PROBATIONARY PERIOD _ 48,1 All newly hired or rehired employees shall be subject to a probational)' period of one ( 1 ) year. 48,2 All promoted employees shall be subject to a probationary period of six (6) I months, ~.::; TA City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC I January 31,2008 ARTICLE 49 49.0 LONGEVITY BENEFIT - 49.1 Employees eligible are those employees who: I a. Have been employed with the City on a regular full-time~ basis and continuous basis for a minimum of five (5) years I b. Have an overall "Meets Standards~7 or above rating on the previous employee evaluation 49.2 Employees will receive a cash Lump Sum Bonus as follows: I . On the employee~s fifth (5th) anniversary~ a lump sum bonus payment of $500.00; I . On the employee~s tenth (1 Oth) anniversary~ a lump sum bonus payment of$1000.00; I . On the employee~s fifteenth (1 5th) anniversary~ a lump sum bonus payment of $1 ,500.00; I . On the employee~s twentieth (20th) anniversary~ a lump sum bonus payment of$2,000.00; I . On the employee~s twenty-fifth (25th) anniversary~ a lump sum bonus payment of $2,500.00; I . On the employee~s thirtieth (30th) anniversary~ a lump sum bonus payment of $3 .000.00. I . On the employee~s thirty-fifth (35th) anniversary~ a lump sum bonus payment of $3,500.00. I . On the employee~s fortieth (40th) anniversary~ a lump sum bonus payment of $4,000.00. 49.3 Any pay earned for Longevity Benefits is subject to required Federal deductions. 49.4 Employees who terminate from the City employment prior to their hire anniversary date will not be entitled to benefits. I 86 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC I January 31. 2008 ARTICLE 50 50.0 SAVINGS CLAUSE _I 50.1 If any Article or section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 07 ,~ , I iA.. City of Boynton Beach TA SEIU Florida Public Services LJnion __~__n_ CTW. CLC I January 31, 2008 ARTICLE 51 51.0 MODIFICATION OF CONDITIONS _ 51.1 Changes to City or Departmental rules and regulations may be made by the City following thirty (30) days written notification to the Union. When pre- implementation or impact bargaining IS requested by the Union, the implementation date of the change shall be delayed an additional thirty (30) days. 51.2 There ts are no non-salary (wages or allowance) monetary benefits, including those established by past practice, except those expressly set forth or incorporated by reference in this Agreement. 88 ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31.2008 ARTICLE 52 52.0 POSTING OF AGREEMENT - 52.1 The City will maintain a copy of this Agreement for inspection in the Human I Resource Department. the City Clerk's Office and everv Department/Division I with blue collar workers~ 52,2 The Union agrees to pay the City up to $300.00 to offset the cost of the printing and distribution of this J\greement to bargaining unit employees. Copies of the agreement will be available for pick-up in I-Iuman Resources and emplovees \vill sign for their copy upon receipt. City will post a copv of this agreement. as ratified. on the City's web page. I 52,3 52.3 The City will provide each new employee with a copy of this Collective Bargaining Agreement at the time of their initial orientation, 89 .-.---.--.--.- I T A City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC I January 31, 2008 ARTICLE 53 53.0 COLLA TERAL DOCUMENTS - 53.1 This Collective Bargaining Agreement does not exist in a void. Provisions of the City's PPM, APM, Departmental Rules, and other policies established by resolution or ordinance (collectively referred to as collateral documents) are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of this Agreement, in which case the terms of this Agreement shall control. 53.2 Nothing herein shall be interpreted to preclude the right of the Union to impact bargain, subject to applicable law. 90 I T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC January 31. 2.008 ARTICLE 54 - " "'" v'" _ "-' 54,0 DURA TION 54.1 This Agreement shall become effective on ratification by both parties as prescribed by Chapter 447, Florida Statutes and remain in full force and effect I until September 30, 20G+(!'). No wage or benefit provided herein is retroactive in I nature prior to the effective date of this Agreement. Wage and benefit levels existing on September 30, 20G+09 shall be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor agreement. 51.2E ither party may reopen the \Vage Article and two additional /\rticles during the second year of the Agreement (10/1 /05 9/30/06). It is the intent of the parties that if there is a reopener of wages in year two, that they will attempt to reach ::m agreement on '....ages for both the ~;econd and third year of the .^.greement. If. and only if, the parties reach an agreement for wages for year t'Yvo, but not year three. the Union may request reopener of only the \Vage article for the third ye~',r of tl'l€ :\greement, provided it does so in writing no later than July 1. 2006, 54,2 In the event of State Legislative enactment which will alter or affect the flow of revenue to the City during the term of this Agreement, or a budget proposal \vhich \vould result in the elimination of banmining unit positions. the wag.e/rate of pm articles of the Agreement mav. at the written request of the Citv. be reopened for negotiations. Reopened negotiations shall commence and be concluded within fortv-five ( 45) calendar days of the date the Citv gives wrhten notice to the Union of the Citv's request to reopen neQ..otiations. If an aQ..reement is not reached \vithin fortv-five ( 45) calendar days, the negotiations shall be deemed at impasse and the impasse isslle shall be submitted to the City Commission at second Commission meeting following the expiration of the fortv-five davs, The Citv and the Union waive the appointment of a special magistrate to resolve the impasse and agree that the City Commission shall have final authority to resolve the impasse issues. During the negotiations and the impasse process, if anv, the base waues 0 l bamaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the Union. or. in the event the reopened negotiations do not result in a ratified agreement, as imposed bv the Cit\ Commission through the impasse process. I I ()j I __~._~._._w~_. . -- ._-~-,_.,..-- -- TA City of Boynton Beach TA SElC Florida Public Services Union CTW, CLC I January 31, 2008 ~54.2 A notice of intent to reopen shall be made in writing. The parties will promptly engage in bargaining the reopened articlefs-). Agreed to this day of . 2008 bv and between the respective parties through the authorized representatives of the Union and the Citv. SEIU Florida Public Services Union, ,The City of Boynton Beach FL CTW, CL Confirmed by: Ed Burke, President Kurt Bressner SEIU Florida Public Services City of Boynton Beach Union. CTW, CLC Attest: Janet Prainito, City Clerk Ratified by the Union on the Approved bv the City of Boynton day of .2008 - Beach on the day of ,2008 92 I TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC . VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) ~ February 19, 2008 February 4,2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January 15,2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February 5, 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (Noon) C) C) Co ..., D Announcements/Presentations D City Manager's Report c;) =i-< '- -<0 NATURE OF D Administrative D New Business > ::z: C) .." AGENDA ITEM ~ Consent Agenda D Legal f',;) i--CD rrlo .&'" ':"':J 0 Code Compliance & Legal Settlements D Unfmished Business ~-< .z -0 (.I') --; D Public Hearing D ::a: a O:z: ca .,., .,.,co RECOMMENDATION: Adopt a Resolution to authorize execution of an Agreement with Palm Balh ~~ty Information Systems Services (ISS) and the Palm Beach County Property Appraiser (Appraiser) for theOlssi~nt :I: of Computer Data. EXPLANATION: The City of Boynton Beach had a contract with (1) Appraiser to receive the list of properties within the City by a compatible electronic medium and (2) ISS to take the compatible electronic medium and provide the computer services necessary for the City a. to provide the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium to the Property Appraiser and b. to certify the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector In order to expedite the services performed by ISS, the Agreement authorizes the Appraiser to deliver its property information in compatible electronic medium directly to ISS, the Appraiser agrees, and ISS agrees to accept it. On January 7, 2008, we were notified that all previous computer assignment agreements were terminated effective January 1, 2008 in order to insert deadlines for the City of Boynton Beach (and all other jurisdictions) to provide deadlines to provide our notices of Proposed Property Taxes and Actual Property Taxes. These deadlines are the only change to the Agreement and inserted as Paragraph 5 of the attached Assignment of Computer Data Agreement. PROGRAM IMP ACT: Allows the City to use these services rather to notify the taxpayers directly at our expense. FISCAL IMPACT: None, unless we do not enter into the revised Agreement. . ~ Department City Manager's Signature Assistant to City Manager {JfnL./ .." r IAI~IIIe.'A l,.. ~~,e.1iroI Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC 1 RESOLUTION NO. R 08- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER TO EXECUTE 7 AN ASSIGNMENT OF COMPUTER DATA 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH, THE PALM BEACH COUNTY PROPERTY 10 APPRAISER AND PALM BEACH COUNTY 11 INFORMA TION SYSTEM SERVICES (ISS); AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to enter 17 into an Assignment of Computer Data Agreement between the Palm Beach County Property 18 Appraiser and the Palm Beach County Information System Services. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorize and direct the City Manager to execute an Assignment of Computer Data 26 Agreement between the City of Boynton Beach, the Palm Beach County Property Appraiser 27 and the Palm Beach County Information System Services for the delivery of property 28 information in compatible electronic medium directly to ISS, a copy of said Agreement is 29 attached hereto as Exhibit "A." 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Assignment of Computer Data (ISS),doc , , I 1 2 PASSED AND ADOPTED this _ day of August, 2008. 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 - Woodrow L. Hay 16 17 18 ATTEST: Commissioner - Marlene Ross 19 20 21 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 (Corporate Seal) 27 S:\CA\RESO\Agreements\Assignment of Computer Data (ISS),doc ASSIGNMENT OF COMPUTER DA TA TH I S AG REEMENT made and entered into this 21 st day of December . 2007. by and between Palm Lkd(j County Information System Services, hereinafter "ISS", and City of Boynton Beach, hereinafter "Loca: Cio\enm: ',1! and Gary R, Nikolits, as Palm Beach County Property Appraiser, hereinafter the "Appraiser", WHEREAS, Local Government has entered into a contract with the Appraiser to receive the list ofprOptTlIe, in Local Government's jurisdiction by compatible electronic medium pursuant to the provisions of Section 197,3()1 (3 )(b), Florida Statutes; and WHEREAS, Local Government has entered into a contract with lSS to take said compatible electronic medium and provide the computer services necessary for Local Government both (a) to provide the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium to the Property Appraiser and (b) to ceJ11fy the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector; and WHEREAS, Local Government, in order to expedite the services to be performed by ISS, wishes the Appraiser to deliver its property information in compatible electronic medium directly to lSS, and the Appraiser ha, agreed to do so and lSS has agreed to accept such; NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: I, The above representations are true and correct. 2, Local Government hereby assigns to lSS the property information in compatible electronic medium it is to receive from the Appraiser pursuant to the provisions of Section 197,3632 (3)(b), Florida Statutes, 3, The Appraiser agrees to deliver said property information on compatible electronic medium directly to ISS, 4, ISS hereby agrees to accept said property information in compatible electronic medium on behalf of Local Government for use in providing the computer services necessary for Local Government both (a) to prO\lde the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium to the Property Appraiser and (b) to certify the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector, 5, Local Government agrees to provide final approval to ISS no later than July 28th for the Notice 01 Proposed Property Taxes and September 12th for the Actual Property Taxes, Should the above date fall upon a Holiday, Saturday or Sunday the Local Government will agree to provide ISS final approval by the last business day prior to the Holiday, Saturday or Sunday, If the approval is not received by ISS by 5:00 p,m, on the appropriate date, the Local Government agrees that it will have to take the necessary actions at its sole expense, to notify its non-ad valorem parcel owners of the Notice of Proposed Property Taxes and/or Actual Property Taxes for that year. 6, This agreement shall be automatically extended hereafter, from year to year, unless and until terminated by either of the parties, This agreement may be terminated at any time by the Local Government upon written notice to the Appraiser or by the Appraiser upon written notice to the Local Government; however, notice given by the Appraiser after January I and prior to October I, shall be effective only following completion of the certification of that year's non-ad valorem tax roll. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above first written, Local Government: By: Attest: ~ _._._--~------~._.._----- -.-..---, Co ,T1 ~F ao., ..T.,,, ~ . S,'-'~ l(if1Sr. B) ~ OIU"''''A~ By: . fUmNul18 Director, Palm Beach County a~ tIIIJ/ ~~d.) ra] ser lnforn1ation System Services f:l_ Tax Rolll_ T AINA VIAgrcementslAgrcements,Extensions for new NA V DistlNA V _Assignment_New Contract.doc ASSIGNMENT OF COMPUTER DATA THIS AGREEMENT made and entered into this 2] st day of December, 2007, by and between Palm Beach County lnfonnation System Services, hereinafter "ISS", andCity of Boynton Beach, hereinafter "Local Government", and Gary R. Nikolits, as Palm Beach County Property Appraiser, hereinafter the "Appraiser", WHEREAS, Local Government has entered into a contract with the Appraiser to receive the list of properties in Local Government's jurisdiction by compatible electronic medium pursuant to the provisions of Section 197.3632 (3)(b), Florida Statutes; and WHEREAS, Local Government has entered into a contract with ISS to take said compatible electronic medium and provide the computer services necessary for Local Government both (a) to provide the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium to the Property Appraiser and (b) to certify the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector; and WHEREAS, Local Government, in order to expedite the services tobe performed by ISS, wishes the Appraiser to deliver its property information in compatible electronic medium directly to ISS, and the Appraiser has agreed to do so and ISS has agreed to accept such; NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: I. The above representations are true and correct. 2. Local Government hereby assigns to ISS the property information in compatible electronic medium it is to receive from the Appraiser pursuant to the provisions of Section 197.3632 (3 )(b), Florida Statutes. 3. The Appraiser agrees to deliver said property information on compatible electronic medium directly to ISS. 4. ISS hereby agrees to accept said property information in compatible electronic medium on behalf of Local Government for use in providing the computer services necessary for Local Government both (a) to provide the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium to the Property Appraiser and (b) to certify the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector. 5. Local Government agrees to provide final approval to ISS no later than July 28th for the Notice of Proposed Property Taxes and September 12th for the Actual Property Taxes. Should the above date fall upon a Holiday, Saturday or Sunday the Local Government will agree to provide lSS final approval by the last business day prior to the Holiday, Saturday or Sunday. If the approval is not received by lSS by 5:00 p.m, on the appropriate date, the Local Government agrees that it will have to take the necessary actions at its sole expense, to notify its non-ad valorem parcel owners of the Notice of Proposed Property Taxes and/or Actual Property Taxes for that year. 6, This agreement shall be automatically extended hereafter, from year to year, unless and until terminated by either of the parties. This agreement may be terminated at any time by the Local Government upon written notice to the Appraiser or by the Appraiser upon written notice to the Local Government; however, notice given by the Appraiser after January I and prior to October 1, shall be effective only following completion of the certification of that year's non-ad valorem tax roll. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above first written. Local Government: By: Attest: By: By: Gary R. Nikolits Director, Palm Beach County Palm Beach County Property Appraiser Information System Services F:\_ TaxRolI\_ T A \NA V\Agreements\Agreements,Extensions for new NA V Dist\NA V _Assignment_New Contract.doc Page 1 of::' Atwood, Barry From: Swanson, Lynn on behalf of Cherof, James Sent: Tuesday, January 22, 2008 4:46 PM To: Atwood, Barry Cc: Lejeune, Carisse; Jenkins, Bobby; Moroney, Sue Subject: RE: County Revised Assignment of Computer Data Barry: JU1:]llvo".u~~,~~~i.__lf f17.J' .1- v~~heet, Lynn From: Atwood, Barry Sent: Tuesday, January 22,20083:33 PM To: Cherof, James Cc: Lejeune, Carisse; Jenkins, Bobby; Moroney, Sue Subject: RE: County Revised Assignment of Computer Data As requested below, I am attaching the subject Agenda Item Request in order that you may prepare the Resolution. I am retaining the two original copies to be signed once approved. Let me know who to give them to at the appropriate time, Thanks, Barry E. Barrett (Barry) Atwood, Sr., Finance Director Department of Financial Services City of Boynton Beach 100 East Boynton Beach Boulevard P,O, Box 310 Boynton Beach, Florida 33425-0310 Phone - 561-742-6311 Cell - 561-436-3125 Fax - 561-742-6316 From: Swanson, Lynn On Behalf Of Cherof, James Sent: Monday, January 14, 20088:58 AM To: Atwood, Barry Subject: RE: County Revised Assignment of Computer Data Barry - Jim reviewed the attached Agreement and approved. Once the Agenda cover sheet is prepared, if you forward our office a copy, then the Resolution will be prepared, Thanks! Lynn Swanson Paralegal City of Boynton Beach 100 E, Boynton Beach Blvd, 1/24/2008 Page 2 of2 Boynton Beach, FL 33425 (561) 742-6053 (561) 742-6054 - Fax From: Atwood, Barry Sent: Wednesday, January 09,2008 1:21 PM To: Cherof, James Cc: Bressner, Kurt; LaVerriere, Lori; Atwood, Barry Subject: County Revised Assignment of Computer Data Jim- Attached you will find a letter from the PBC Property Appraiser's Office and a related Agreement for Assignment of Computer Data. As you will note, they have terminated all previous agreements for processing data for - . proposed Property Tax Notice (TRIM) . Property Tax Bills I am requesting that your office prepare an appropriate resolution and/or authority to execute the new agreement by the CC at their next scheduled meeting. Upon receipt, Finance can prepare the appropriate Agenda Item. (Any previous or similar one we can use as a guide would be appreciated) Thanks Barry E, Barrett (Barry) Atwood, Sr" Finance Director Deparlment of Financial Services City of Boynton Beach 100 East Boynton Beach Boulevard P,Q. Box 310 Boynton Beach, Florida 33425-0310 Phone - 561-742-6311 Cell - 561-436-3125 Fax - 561-742-6316 1/24/2008 VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o December] 8,2007 December 3,2007 (Noon) X February] 9,2008 February 4, 2008 (Noon) o January 2, 2008 December] 7,2007 (Noon) 0 March 4, 2008 February] 9,2008 (Noon) o January] 5,2008 December 3],2007 (Noon) 0 March] 8,2008 March 3, 2008 (Noon) February 5, 2008 January ]4, 2008 (Noon) 0 April], 2008 March] 7,2008 (Noon) ("") a '""'---l C0 .:..::-< <- ---l o Announcements/Presentations 0 City Manager's Report S; ~~ NATURE OF 0 Administrative 0 New Business W i~~ c::> _.~ AGENDA ITEM X Consent Agenda 0 Legal ~ ~ . . :r:- t/') ---l o Code Compliance & Legal Settlements 0 Unfimshed Busmess ~ 0 ~ o Public Hearing 0 -::- ~ (]) N - /'T1 ..- ("")> RECOMMENDATION: Approval of the inter local agreement for law enforcement services between Palm Beach Co~ and the City of Boynton Beach/Boynton Beach Police Department for the administering of the manatee protection conservation program. EXPLANATION: The Board of County Commissioners has established and is administering a program of conservation and is entering into agreements with other governmental agencies within the boundaries of the County for performance of authorized functions. The Florida Governor and Cabinet have designated Palm Beach County as one of thirteen "key" manatee counties and the Board of County Commissioners has approved a Manatee Protection Plan that provides for increased law enforcement presence in the County's waterways, as one means of greater manatee protection. The Florida Fish and Wildlife Conservation Commission has demonstrated that an increase in law enforcement presence is the most effective means to gain compliance with boater speed zones. Therefore, the County wishes to increase the hours of patrol and enforcement in estuarine waters of Palm Beach County. This will improve compliance with boater and manatee protection speed zones, and reduce the risks to manatees and members of the public. PROGRAM IMP ACT: The Boynton Beach Police Department Marine Unit will provide two (2) law enforcement officers to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officers will provide services on Saturdays and/or Sundays for 8 hours per day between the hours of 6 A.M. and 6 P.M for the period of 02/09/2008 to 04/30/2008. The services provided per this agreement will be in addition to the regular patrol functions of the Marine Unit and will not decrease the current coverage/enforcement functions of the Unit. This agreement will provide the City of Boynton Beach with reimbursement for law enforcement services at a rate of $80.00 per hour for on-water enforcement activity, which includes the cost oflaw enforcement overtime and all other expenses incurred by the City of Boynton Beach in fulfillment ofthis agreement. FISCAL IMPACT: The funds will be drawn from the following accounts: Overtime (001211052114-10), Gas/Oil/Lube (001211052152-10), and Equipment Maintenance (001-2110-521-46-20). Other Contractual Services will be used for any maintenance/repair on an as need basis. ALTERNA'fIVES: Not to approve the resolution. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM )) '~ i I -,,'~; ~' 'y" II City Manager's Signature Assistant to City Manager ~ Department Name City Attorney! Finance S:\BULLETIN\FOR.l\1SIAGENDA ITEM REQL:EST FORM,DOC , ' 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE CITY MANAGER AND CITY 6 CLERK TO EXECUTE AN INTERLOCAL 7 AGREEMENT FOR LAW ENFORCEMENT SERVICES 8 BETWEEN PALM BEACH COUNTY AND THE CITY 9 OF BOYNTON BEACH FOR THE ADMINISTERING 10 OF THE MANA TEE PROTECTION CONSERV A TION 11 PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the Board of County Commissioners has approved a Manatee 15 Protection Plan that provides for increased law enforcement presence in the County's 16 waterways, as one means of greater manatee protection; and 17 WHEREAS, the Interlocal Agreement for the use of two law enforcement officers 18 from the Boynton Beach Police Marine Unit allows for the reimbursement for law 19 enforcement services at a rate of $80.00 per hour for on-water enforcement activity; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens and residents of 22 the City of Boynton Beach to authorize execution of the Interlocal Agreement with Palm 23 Beach County for the administering of the Manatee Protection Conservation Program. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for manatee protection,doc 1 the City Manager and City Clerk to execute an Interlocal Agreement between the City of 2 Boynton Beach and Palm Beach County for the administering of the Manatee Protection 3 Conservation Program, a copy of said Agreement is attached hereto and made a part here as 4 Exhibit "A". 5 Section 3. That this Resolution shall become effective immediatelv upon 6 passage. 7 PASSED AND ADOPTED this ____ day of February, 2008. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 13 Mayor - Jerry Taylor 14 15 16 17 Vice Mayor - Jose Rodriguez 18 19 20 21 Commissioner - Ronald Weiland 22 23 24 -~- 25 Commissioner - Woodrow L. Hay 26 27 28 29 Commissioner - Marlene Ross 30 ATTEST: 31 32 33 Janet M. Prainito. CMC 34 City Clerk 35 36 37 38 (Corporate Seal) S\CA\RESOlAgreements\lnterlocalsIlLA with PBC for manatee protection doc INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH/BOYNTON BEACH POLICE DEPARTMENT THIS AGREEMENT is made this day of Februarv , 2008, between City of Boynton Beach, Florida, hereinafter referred to as "Contractor", and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), hereinafter referred to collectively as the "parties," WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13) "key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan ("MPP"); and WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP that provides for increased law enforcement presence in the County's waterways, as one means to provide greater manatee protection; and WHEREAS, studies performed by the Florida Fish and Wildlife Conservation Commission has demonstrated that the increased law enforcement presence is the most effective means to gain compliance with boater speed zones; and WHEREAS, the County wishes to increase the hours of patrol and enforcement in estuarine waters of Palm Beach County which will improve compliance with boater and manatee protection speed zones, and reduce the risks to manatees and members of the public; and 1 WHEREAS, the parties wish to enter into an agreement for the provision of an increased level of marine law enforcement services during manatee season, as provided herein. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the Contractor and the County agree as follows: 1) Recitals The recitals set forth above are true and correct and form a part of this Agreement. 2) Purpose. The purpose of this Interlocal Agreement (the "Agreement") is to provide for additional marine law enforcement services within estuarine waters of the County during manatee season, which begins November 15th and ends the following March 31st. The law enforcement services provided herein are intended to be in addition to the level of law enforcement services already provided by the Contractor and are not a replacement for said services. 3) Location of Law Enforcement Services The "Contractor" shall provide marine law enforcement services, hereinafter referred to as "services", within the geographical area over which it has jurisdiction to enforce the law, such shall be hereafter referred to as the "Enforcement Area" and is included within the estuarine waters of Palm Beach County which are more specifically described in Exhibit "A". 4) Responsibility of Contractor A, The Contractor shall enforce State statutes, administrative rules, local and County ordinances related to vessel control, marine resource protection, and manatee protection; assist in the investigation, apprehension, and prosecution of violators of existing boat and manatee protection speed zones; assist in the monitoring of waterway markings and regulatory signs in the Enforcement Area; and, assist in educating boaters about manatee and boater safety issues, B. During the term of this Agreement, the Contractor shall provide 2 law enforcement officer(s) to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) shall provide services on Saturday and Sunday for 8 hours per day between the hours of 6 A.M. and 6 P.M. During the term of this Agreement, the Contractor shall provide law enforcement services on any day or times aside from a Saturday or Sunday, at the request of the County. Requests for the provision of law enforcement services on a day or days in addition to the regularly scheduled days or times shall be made at least five business days prior to the date when such services are needed. C. The Contractor shall furnish and supply all labor, supervision, equipment (including but not limited to a vessel), insurance, and supplies necessary to perform under this Agreement. D. The Contractor shall provide the following information to the County on a monthly basis: Standard Marine Enforcement Monthly Report Form (form to be provided by the County); documentation of warnings and citations issued to violators by the Contractor; and monthly payroll 2 documentation for hours worked by any officer who performs services under the terms of this Agreement. E. In the event that during the term of this Agreement an officer issues a citation, which is challenged in the Palm Beach County Circuit Court, the Contractor shall immediately inform the County, The County will then determine whether the Contractor will be reimbursed under the terms ofthis Agreement for the time expended to attend such court proceeding. F, The Contractor shall submit invoices for payment to the County on a monthly basis, Invoices shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be in sufficient detail for pre-audit and post-audit review. 5) Responsibility of the County The County will reimburse the Contractor for law enforcement services as provided for herein at the rate of $80 per hour for on-water enforcement activity, which includes the cost of salaries, fringe benefits, and all other services and expenses incurred by the Contractor in the fulfillment of this Agreement. The rate for Services rendered in this Agreement will be adjusted for inflation and set annually by the County by October 1 st of each year, The County will reimburse the Contractor on a monthly basis at the rate provided herein, provided that a proper invoice detailing such services is received and approved by the County. In no event shall the total amount paid to the Contractor by the County exceed a total amount set annually by the County by October 1 sl of each year. 6) Effective Date and Term of the Agreement This Agreement shall take effect when executed by the Contractor and shall terminate on April 30, 2008, unless such time has been extended by the County, 7) Authorized Representative A. The County's authorized representative is Richard E, Wa1esky, Director, Department of Environmental Resources Management, (561) 233-2400, West Palm Beach, Florida, or his designee, B. The Contractor's authorized representative is Sgt. Suzanne Gitto, (561) 742-6141, or his/her successor. 8) Independent Contractor A, The parties shall be considered independent contractors, and no party shall be considered an employee or agent of any other party, Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment 3 compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed, B. All employees and agents of the Contractor who perform any act or service under the terms of this Agreement shall at all times be considered employees of the Contractor and not of the County. The Contractor will be responsible for supervising, disciplining, and setting policies pertaining to terms and conditions of employment for those employees performing Services as provided herein, 9) Payment For reimbursement to occur, the Contractor shall submit invoices to the County that shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The Contractor shall provide additional documentation to support any invoice if requested by the County. Invoices received from the Contractor shall be reviewed by the Department of Environmental Resources Management and upon approval shall be sent to the County's Finance Department for final approval and payment. Invoices will normally be paid within forty-five (45) days of receipt. In the case of a dispute involving the amounts due to the Contractor, payment may be delayed. 10) Compliance with Codes and Laws Each party agrees to abide by all applicable laws, orders, rules, and regulations in the performance of this Agreement. 11) Access to Records and Audits The parties shall maintain, in accordance with generally accepted governmental auditing standards, all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation. The parties shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only upon reasonable notice, time and place. In the event that the parties should become involved in a legal dispute with a third party arising from performance under this Agreement, the parties shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the parties. 12) Funding This Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board of County Commissioners. 13) Notice Any notice required or permitted to be given under this Agreement shall be in writing and shall be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective addresses/recipients specified below: 4 As to the Contractor: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Copy to: Boynton Beach Police Department Attn: Sgt. Suzanne Gitto 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Fax: (561) 742-6847 As to County: Palm Beach County Department of Environmental Resources Management 2300 N, Jog Road - 4th Floor West Palm Beach, FL 33411-2743 Fax: (561) 233-2414 Copy to: Palm Beach County Attn: County Attorney for ERM 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 All notices required by this Agreement shall be considered delivered upon receipt. Should any party change its address, written notice of such new address shall promptly be sent to the other party. 14) Default, Termination, Opportunity to Cure A. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice as an opportunity to cure the deficiency before exercising any of its rights, B, Either party may terminate this Agreement without cause by giving sixty (60) days prior written notice. 15) Waiver or Breach It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 5 16) Indemnification Each party shall be liable for its own actions and negligence, and to the extend permitted by la\\. the County shall indemnify, defend, and hold harmless the Contractor against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement. and the Contractor shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Contractor's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to be responsible for such other party's negligent, willful or intentional acts or omissions. 17) Insurance A. Each party warrants and represents that it is self-insured for General Liability, Watercraft Liability, and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $1 00,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event a Party maintains third- party Commercial General Liability, Watercraft Liability, and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, that party shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage, The parties agree to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. B. The parties further agree that nothing contained herein shall be construed or interpreted as: (1) denying to any party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. C. When requested, each party shall provide any other party with an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which all parties agree to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve any party of its liability and obligations under this Agreement. 18) Applicable Law Any litigation arising from or relating to this Agreement will be governed by the laws of the State of Florida and the venue in any such proceeding will be exclusively in Palm Beach County, Florida. 19) Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such will not affect the remaining portions of this Agreement and the same will remain in full force and effect. 6 20) Enforcement Costs Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms or conditions of this Agreement will be borne by the respective parties, This provision pertains only to the parties to the Agreement. 21) Counterparts This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original, all of which together will constitute one (1) and the same instrument. 22) Captions The captions and section designations set forth herein are for convenience only and have no substantive meaning, 23) Exhibits The Exhibits referred to and attached to this Agreement are incorporated herein in full by this reference, 24) Assignment This Agreement is not assignable by either party, 25) Equal Opportunity The County and the Contractor agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, age, 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 the Agreement. 26) Construction This Agreement shall not, solely as a matter of judicial construction, be constructed more severely against one of the parties than the other, 27) Modification and Amendment Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formalities used to execute this Agreement. 28) Entirety of Agreement 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. 29) Delegation of Authority to Execute this Agreement. The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator or his designee on in Resolution 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Signed in the presence of witnesses: ATTEST: PALM BEACH COUNTY, FLORIDA By Its Board of County Commissioners By: By: Deputy Clerk County Administrator APPROVED TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY: AND CONDITIONS: County Attorney Richard E. Walesky, Director Department of Environmental Resource Management CITY OF BOYNTON BEACH ATTEST: By: By: City Clerk Kurt Bressner City Manager Date: APPROVED TO FORM AND LEGAL SUFFICIENCY: Office of the City Attorney 8 VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 18,2007 December 3, 2007 (Noon) rgJ February 19,2008 February 4,2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon) C') o January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon) g G=i :::;-< '- -<0 o February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (NOOl-$e c-..,-" N r-ro rrJo .r:- ;-'0) ;;;:-< 0 0 ;x:.. .Z Announcements/Presentations City Manager's Report (./)-i ::!: 0 0 Administrative 0 New Business '2 0- NATURE OF ~; AGENDA ITEM rgJ Consent Agenda 0 Legal - - /'T1 U1 C"')> 0 Code Compliance & Legal Settlements 0 UnfInished Business /TlC"') :x:: 0 Public Hearing 0 RECOMMENDATION: Motion to accept an Access Easement, Maintenance Easement & Declaration of Restrictions on property located at 1950 South Federal Highway for the purpose on installation ofa traffIc signal pole to provide emergency Fire Station #4 exiting onto South Federal Highway, and authorizing the Mayor and City Clerk to sign the document accepting said easement. EXPLANATION: The City's Department of Public Works / Engineering Division has been in communication with the Palm Beach County's TraffIc Engineering Division (PBCTED) since March 2003 to initialize the design and installation of the fIre traffIc signal at the Fire Station #4 location. Due to the Florida Department of Transportation (FDOT) position of not allowing signal poles required to withstand hurricane force winds within their right-of-ways, PBCTED found it necessary to obtain a location adjacent to the right-of-way (onto private property). They further ask the City to help them with securing a site. After numerous attempts, we have secured a location opposite the fIre station exit driveway for the installation of the pole signal system. We are recommending that the City Commission authorize the Mayor and City Clerk to ratify the easement and have the document recorded with the Clerk of the Circuit Court of Palm Beach County, Florida. Copies will be given back to the property owner for their records. PROGRAM IMP ACT: Without the signal pole installation, the fIre station exit will remain in an uncontrollable state. FISCAL IMPACT: N/A - Cost of recording document only. AL TERNA TIVES: None L~ ;' X'/ /'7 .j .... ......_'""c ,l' -- .._. //, - i . .I h ' ;. - ".-(, I i -/-"( . ... ! /J i ;.-'" . ,--' ,..- . ,.~ . ~,~i DepartmenlUead's S'ignature City Manager's Signature ; ',~ / r Assistant to City Manager CJ1.L/ Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC 1 RESOLUTION NO. R08- 2 '"' A RESOLUTION OF THE CITY OF BOYNTON BEACH, -) 4 FLORIDA, ACCEPTING A PERPETUAL ACCESS 5 EASEMENT, MAINTENANCE AGREEMENT AND 6 DECLARA TION OF RESTRICTIONS BETWEEN THE 7 CITY OF BOYNTON BEACH AND DEBORAH CORVEY 8 FOR THE PURPOSE OF INSTALLATION OF A 9 TRAFFIC SIGNAL POLE FOR FIRE STATION #4, AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City's Public Works Department has been working with Palm Bech 14 County's Traffic Engineering Division to initialize the design and installation of the fire 15 traffic signal at the Fire Station #4 location; and 16 WHEREAS, due to the requirements of FDOT it was necessary to obtain a location 17 adjacent to the right-of-way on private property; and 18 WHEREAS, the City Commission upon recommendation of staff, deems it 19 appropriate to accept the Perpetual Access Easement, Maintenance Agreement and 20 Declaration of Restrictions between the City of Boynton Beach and Deborah Corvey, 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 hereby ratified and confirmed as .c...) 24 eing true and correct and are hereby made a specific part of this Resolution upon adoption 25 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 ereby accept and authorizes the Mayor and City Clerk to sign the Perpetual Access 28 asement Maintenance Agreement and Declaration of Restrictions from Deborah Corvey for 29 he installation of a traffic signal pole for Fire Station #4, ICA\RESOIAgreementslAcce,:s Fasement-Corvey- j;lre Station 4 doc , , I Section 3. That this Perpetual Access Esaement, Maintenance Agreement and 2 Declaration of Restrictions will be recorded in the Public Records of Palm Beach County, 3 Florida. 4 Section 4. This Resolution shall become effective immediately upon passage. 5 6 PASSED AND ADOPTED this _ day of February, 200K 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor- Jerry Taylor 12 13 14 Vice Mayor - Jose Rodriguez 15 16 17 Commissioner - Ronald Weiland 18 19 20 Commissioner - Woodrow L. Hay 21 22 23 Commissioner - Marlene Ross 24 25 TTEST: 26 27 28 anet M. Prainito, CMC 29 ity Clerk 30 31 32 33 Corporate Seal) :\CA\RESO\AgreementAAccess Easement-Carvey- Fire Station 4.dac This instrument prepared by: David N. Tokes, Esquire Goren, Cherof, Doody & Ezrol, P .A. 3099 E, Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 PERPETUAL ACCESS EASEMENT. MAINTENANCE AGREEMENT. AND DECLARATION OF RESTRICTIONS THIS ACCESS EASEMENT, MAINTENANCE AGREEMENT, AND DECLARATION OF RESTRICTIONS made this _ day of , 2008, by and between Deborah Corvey ("GRANTOR") whose address is 916 Gardenia Drive, Delray Beach, Florida, 33483, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WIT N E SSE T H: WHEREAS, the GRANTOR is the owner of that certain parcel of real property (hereinafter referred to as the "Property"), more particularly described as follows: See Legal Description Attached Hereto WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit CITY to install a traffic signal that will serve the exit to the City's Fire Station #4, and associated improvements within the Property; and WHEREAS, once installed, the traffic signal and associated improvements will be maintained by Palm Beach County and the CITY; and, WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature within the Easement; and, WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this Access Easement to the CITY, together with the right of entry into the Property for the construction and maintenance of the traffic signal and associated improvements, and execution of this Maintenance Agreement and Declaration of Restrictions; NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and nollOO ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: Page 1 of 4 1. The aforesaid recitals are true and correct and are incorporated herein, 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance of a traffic signal and associated improvements on the Property legally described and as depicted on Exhibit "A" which is attached hereto and incorporated herein by reference, 3. This Easement is a permanent perpetual easement and shall not be changed, altered or amended except by an instrument in writing executed by GRANTORS and CITY or their respective successors and assigns, 4, In association with the GRANTOR's grant and conveyance of the Easement, GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements from any person or corporation which holds a mortgage or other property interest in the Property, GRANTOR agrees to sign any applications, documents, and/or amendments to this Agreement which are required for the mortgage holder to consent to the GRANTOR's conveyance of this easement to the CITY, CITY agrees to pay any and all fees associated with obtaining any consents from any mortgage holders, or other entity with a property interest in the Property. 5. The GRANTOR further agrees to sign any applications and documents for any permits which the CITY may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the traffic signal and associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the traffic signal and associated improvements. 6. GRANTOR also hereby grants and conveys to the CITY a non-exclusive perpetual Easement for ingress and egress over the Property for the purpose or purposes of installing the traffic signal and associated improvements on the Property. The GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access of adjoining portions of the Property not included within the Easement described in Paragraph 2 above during actual construction, installation and maintenance of the traffic signal and associated improvements by CITY. 7, For purposes of this Agreement, the term maintain may include, at the option of the CITY, the actual installation, maintenance, repair, replacement, and/or removal, of such parts and/or portions of said traffic signal and associated improvements as are deemed to be necessary by the CITY, and in order to serve and promote the general safety, health and welfare of the citizenry of the CITY, 8. CITY shall ensure that all of the GRANTOR's property disturbed and used by CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY commenced such use, at the CITY's own cost. This includes repair of damage to any irrigation damaged during the construction, and the replacement of any landscaping damaged or removed as part of the CITY's installation of the traffic signal and associated improvements. 9. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the Page 2 of4 benefit of GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the Property, and all persons claiming by, through and under them, 10. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 11. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. Signed and Sealed the day and year first above written. GRANTOR iJ~ ()~ Print or Type Name STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared pfi3 V .~.f (.;"ilr" ry- , as of Deborah Corvey, who is personally known to me or has produced as identification, and acknowledged execution of the foregoing Agreement 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 thi~~ ( day of 1.-v ,2008. otary Publit;; SIa!ll .Fr- .. )N:ARYPUB John Michael Sayne 0 ondll My ~ommission 00626188 EXpIl'9s 02/03/2011 SEAL: My Commission Expires: ')..{3 IV I( Page 3 of 4 CITY OF BOYNTON BEACH ATTEST: BY: Janet Prainito, City Clerk Jerry Taylor, Mayor Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) ) ss COUNTY OF BROW ARD ) BEFORE ME, the undersigned, this _ day of , 2008, personally appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the City of Boynton Beach, ( ) personally known Notary Public, State of Florida DNT:js H:\1990\900182,BB\AGREEMENTS 2007\Easement Agreement (Deborah Corvey),doc Page 4 of4 ._----_.._-----~~- -"-- -_...-~" UTILITY EASEMENT A 8" X 12" PARCEL OF LAND LYING WITHIN THE NORTHEAST ONE-QUARTER (NE %> OF THE NORTHEAST ONE-QUARTER (NE % > OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA I P.C.N. # 08-43-45-33-00-000-1020 I LEGAL DESCRIPTION: A PARCEL OF LAND LYING WITHIN THE NORTHEAST ONE-QUARTER (NE X) OF THE NORTHEAST ONE-QUARTER (NE X) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 12,00 FEET OF THE NORTH 8.00 FEET OF THE SOUTH 189.99 FEET OF THE NORTHEAST ONE-QUARTER (NE X) OF THE NORTHEAST ONE-QUARTER (NE X) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST LYING EAST OF U,S. HIGHWAY NO.1, AS NOW LAID OUT AND IN USE. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, FLORIDA NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY"), 2) THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. 3) BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER (NE Yo) OF THE NORTHEAST ONE-QUARTER (NE Yo) HAVING AN ASSUMED BEARING OF N 89013'42" E, 4) WATER LINES, GAS LINES AND BURIED TELEPHONE LINES DEPICTED HEREON ARE BASED ON PAINT MARKINGS IN THE FEILD BY OTHERS AND NOT BY ACTUAL OBSERVATION OF THE UTILITY OR AS-BUILT RECORDS 5) SYMBOLS SHOWN HEREON ARE NOT TO SCALE. LEGEND: / ) SHRUB / PALM TREE HELLER-WEAVER AN~~HEREM , INC. ~. WATERVALVE FLORIDA STATE L.B. ~O, 4~9 , BLACK OLIVE TREE I :, - W - WATER LINE BY: DANIEL C, LAAK - BT - BURIED TELEPHONE PROFESSIONAL SL~Vt AND MAPPER - OHL - OVER HEAD LINE FLORIDA REG. NO,(y'18 P,C.N, PROPERTY CONTROL NUMBER DATED: 9-24-07 BFP BACK FLOW PREVENTER WORK ORDER NO. 15524 - GAS- GAS LINE ~ WATER METER ~~ S . ~ ~ ~ Heller. Weaver and heremeta inC. SCALE WA----, ="_, . ,. . I DRAWN BY: W,ROLLE - ; '....c::~l=:: Engineers ... Surveyors and ry1appers CHECKED BY: Q,C,LAAJ( =:==:::'~-= 310 S,E. 1st Street, Suite 4 Delray Beach, Flonda 33483 SHEET' 1 OF 2 . . E,8, NO, 0003449 (561) 243-8700 - Phone (561) 243-8777 - Fax FILE NO, 07-15524-SS1 UTILITY EASEMENT A 8' X 12' PARCEL OF LAND f:::I LYING WITHIN THE NORTHEAST ONE-QUARTER (NE y..) ~o OF THE NORTHEAST ONE-QUARTER (NE Y.a) OF ? SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ~ ..... CITY OF BOYNTON BEACH, t5 en I PALM BEACH COUNTY, FLORIDA -) I P.C.N. # 08-43-45-33-00-000-1020 I ~ :r \ o . '. THE NORTH 8,00 FEET OF THE SOUTH 189.99 FEET lMlii:,.: \\ OF THE NORTHEAST ONE-QUARTER (NE ~) OF THE 'vl/t. .: - FOU~JD 5/8" NORTHEAST ONE-QUARTER (NE~) OF SECTION 33, i- ': I IROt'J r~OD TOWNSHIP 45 SOUTH, RANGE 43 EAST ,,'1 .;Jf !~ NORTH LINE OF THE SOUTH 189.99 FEET l,O!'JC,:::t:'1E \NALK-~, ",~,!, >," ~ OF THE NORTHEAST ONE-QUARTER (NE l<) \/,....LU::'f C~UTT::::F~-, '>: ~" ~~ DRIVE EN fRANCE: OF THE NORTHEAST ONE-QUARTER (NE~) " _,.",. :~' '~_ .' ""f OF SECTION 33, TOWNSHIP 45 SOUTH, SIC,r'J .---'~ ~".', i 8' X 12' UTILITY EASEMENT RANGE 43 EAST. (MIAMI SUB::'~)' "':'.'1: ,:~' ~ I 8' /- 6" bURS I. 6" C...L...J.R. B ::ti",,: ~ I N 89013'42" E ">'...ii(:'LI "_:~ ~'" ~ -,_..-,._,,-"-"-"-',. i~H~~~~~:~':;~~.f.;.2.~d~' --- C),j"i.....rr z :z.~, "ll,-,,~,_...r. ':. 'Ii.;..~, ') \.:'!..~ e >- ::,.1 ,,~-'; S BFP ,';;,~ ' z ~ , ", r',"":","'~':~l.;..::;..",..:".,..,.~~r' ,\,-CATCH BASH\! .'.".';.'..,:'..:.....'.'._I_II-~ ....J: ,1 HI0H ---;-J Il'! -:' ~ \ ::~.:,,~ ~ C) !'"!EDGE ...."..,~1":'":"",.,,.;~.:--S \. ASPHALT ".~:'.~.'.'.:,'."~ 7 :i: ,:,p i \'->J [J PAVEMENT ,>:<'~ ~ ,{ """ij'wa w. ~,:. ,;':-,,",, ~ ~-~-" ^- ~ ,~"-~;~( " "? CC! :'.. PF'!~ - b I "toL "OLLMKD~ ~ '. ::;-. ...~ ... ::> CO :,:,p ~ \ " '<;;'~W<<7,~ BUILDING au -- ~~' " .1 ':)1 a) \ 0 ;::,,,:,~:,.',;-:' ~>'"'l' ... ," ' ,,', CO :;:,':'...'... I ~II<:;':' ..- ';--';"";/~.:'.;.:,:" '.....~ I~ONCRETE I / . , _ o. .... "":" ':'<..... '-, CURB i'"I\JD-.l / i~ ! P,C.N. # 08-43-45-33-00-000-1020 <f.~- HJ-\NOICAP R/",MP ;':1 ',"ri=r::> i~,Q I ~_I\..), <--_1'1 I T- .'*".1 I 'iT,! 'T'/ eV)L' F _./ 0 ,....! THE WEST 12.00 FEET OF THE SOUTH , . ,..1 , , \..- ~ ; : W I 189,99 FEET OF THE NORTHEAST ~ ~ ! ~: ONE-QUARTER (NE~) OF THE NORTHEAST :s :c i ~ ONE-QUARTER (NE ~) OF SECTION 33. I- .Q ,~ TOWNSHIP 45 SOUTH. RANGE 43 EAST a :z: i ~ LYING EAST OF U.S. HIGHWAY NO, 1 - (J) ,2 ~~+' . 15 3 .r ~O,;~~D.!\if'.IL SOUTH LINE OF THE NORTHEAST ONE-QUARTER (NE~) OF THE , / !-'.f\lD 01:;:,1,,, NORTHEAST ONE-QUARTER (NE~) OF SECTION 33. TOWNSHIP J/ 45 SOUTH~NG~,43 ~S~, _~.890.1,3'4~", ~.. _" _" _" _.,_ (- ., - '~K~~C~ 'TO'~C~OM~AN~ LEGAL DESCRIPTION REVISIONS W d Sh · DATE: 9/24/07 ~ Heller - eaver an eremeta Inc. SCALE " · 'IJJ __ =.'. ' DRAWN BY: W. ROLLE , . .' __..= Engineers.., Surveyors and Mappers CHECKED BY: D.C.LAAK :=::::':-::-=..;,,---:= 310 S.E. 1st Street, Suite 4 Delray Beach, Florida 33483 SHEET: 2 OF 2 E,8, NO, 0003449 (561) 243-8700 - Phone (561) 243-8777 - Fax FILE NO. 07-15524-882 VI.-CONSENT AGENDA ITEM C.5 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 0 December 18, 2007 December 3, 2007 (Noon) IZI February 19,2008 February 4, 2008 (Noon) n 0 n:::; CO :::::j-< o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noong::: -(0 0;7 C') "TT o January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon) I 'co tTlo .&"" :..~-< 0 o April I, 2008 March 17,2008 (Noon) ~ ~"'...Z February 5, 2008 January 14,2008 (Noon) ::n -; 0 - 0:;:: - ""T'l .. ""T'lt:D .r:- -fT1 0 Announcements/Presentati ons 0 City Manager's Report C"\ nJ> f"'I1n NA TURE OF 0 Administrative 0 New Business ::I: AGENDA ITEM IZI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: RECOMMENDATION: Approval of contract between Boynton Beach CRA and the City Of Boynton Beach EXPLANATION: The Boynton Beach CRA is in possession ofa property with multiple buildings that are scheduled for demolition. It is the desire of our Fire Rescue Department Training Division to take advantage of the structures to allow for live fire training burn. The buildings is located at 103 N,E. lh 4th Avenue, Boynton Beach PROGRAM IMPACT: Live Burn Training is an integral part ofany firefighter's hands on training, As such this type of buildings and the opportunities they present, is sought after by our training staff, Critical elements of this type of training include fire suppression, safety, arson investigation and survival skills, This type of live training is critical to the safety and efficiency of our firefighters. FISCAL IMPACT: No direct cost to the city. The owner will donate the property, AL TERNA TIVES: The use of props that simulate actual fire suppression activities. Props are rarely realistic. Fire Training in a controlled environment, utilizing live fire in a real building, will provide the best means to equip our firefighters effectively to save lives and property. 01- Ass~tant to City Manager (JIWl/ Department Name ~ - City ttorney I Fmance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R08- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING EXECUTION OF AN 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY, FOR FIRE RESCUE 10 TRAINING; AND PROVIDING FOR AN EFFECTIVE 1 I DATE. 12 13 WHEREAS, the City's Fire Department desires to use the structure located at 103 14 N .E, 4th A venue, Boynton Beach, Florida for the purpose of fire rescue training exercises: and IS WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is 16 an invaluable tool to the department and the citizens and residents of the City: 17 WHEREAS, the owner of the building, The Boynton Beach Community 18 Redevelopment Agency, has agreed to allow the City to use the aforesaid building for fire 19 rescue training sessions. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1 . Each Whereas clause set forth above is true and correct and 7'" incorporated herein by this reference. --' 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 ereby authorizes the execution of an Agreement between the City of Boynton Beach and the 26 oynton Beach Community Redevelopment Agency, allowing the use of the building at 103 27 .E. 4th A venue, Boynton Beach, Florida. for fire rescue training purposes, A copy of the 28 greement is attached hereto and made a part hereof as Exhibit "A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 'a/reso/agrecments/bbfd/Hidden 8mB - Fire Rescue TraIning I PASSED AND ADOPTED this _ day of February, 2008. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 1 I 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 21 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 27 (Corporate Seal) 28 a1reso/agreementsfbbfdlHidden Broil: - Fire Rescue Training FIRE TRAINING AND CONTROLLED BURN AGREEMENT THIS AGREEMENT is made on this _ day of , 2008, by and between the City of Boynton Beach, Florida, a Florida municipal corporation, with a business address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "City") And Boynton Beach Community Redevelopment Agency, a Florida public agency, with an address of 915 South Federal Highway, Boynton Beach, Florida 33435 (hereinafter referred to as "Owner"), together referred to as the "Parties". WITNESSETH: 'VHEREAS, the City's Fire Rescue Department desires to conduct pre-bum training and live fire burn training exercises ("Controlled Burn Exercises") involving real property and structures for its probationary and incumbent firefighters; and WHEREAS, the Owner intends to demolish structure(s) on property located at 103 N .E. 4th Avenue, Boynton Beach (the "Property"), and has offered the City's Fire Rescue Department the opportunity to use the Property for pre-burn training and live fire structure burn training; and WHEREAS, the structure on the Property is owned by Owner, and meets the criteria for training and Controlled Burn Exercises; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein set forth, it is agreed as follows: 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. 2. Owner in fee simple. The undersigned Owner(s) hereby warrants and represents to the City by their signature(s) below that Owner(s) is the fee simple title holder of record, and is qualified to enter into this Agreement with respect to the property located at 103 N. E. 4th Avenue, Boynton Beach, Florida, hereinafter referred to as the "Property" and more particularly described in Exhibit "A" which is attached hereto, and incorporated herein by reference, 3. Actual Authority. Owner, by executing this Agreement, represents and acknowledges that all mortgage holders and lien holders upon the Property, if any, consent to the City's use of the property in the manner described herein, and acknowledges that the City is relying on the representations of Owner in entering into this Agreement. 4. Ownership Indemnification. Owner, to the extent permitted by law, and subject to the limitations as provided in Section 768,28, Florida Statutes further agrees to hold harmless and indemnify the City, its officers, employees, agents, representatives or servants from any and all damage, actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a result of Owner's representation regarding ownership and right of possession to the Property, including but not limited to reasonable attorneys' fees, all costs of litigation and investigation expenses caused by said damage, actions, suits, claim or demand, 5, Consent of Owner. Owner hereby acknowledges and agrees that Owner is entering into this Agreement with the understanding that the Property and structure(s) described in this Agreement will be burned by fire and partially or fully demolished by the Controlled Burn Exercises, Owner further understands, acknowledges and agrees that the value of the Property mayor may not decrease as a result of the Controlled Burn Exercise; Owner hereby understands, acknowledges and agrees that no cause of action for loss or damages or diminution in value by Owner shall lie against the City as a result of the execution of the Controlled Bum Exercise and that by signing this Agreement, Owner has relinquished the right to bring a lawsuit or make any claim or demand on the City for any loss or damage to Property resulting from the execution of the Controlled Bum Exercises, 5,1 Nothing in this Agreement shall be interpreted or construed to be the City's taking of private property without just compensation to Owner. 5,2 Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City, 6, Burning of Structures. Description. Remediation, Owner hereby grants the City the right to enter upon the Property for the purposes of preparing for and conducting training sessions for Fire Rescue Department personnel and specifically for the purpose of burning the structures located on the Property. 6.1 Owner further acknowledges and agrees that the City shall have no obligation whatsoever to clean up and/or remove any debris found on the Property, other than as the City deems necessary, for the purpose of conducting the Controlled Burn training sessions for the Fire Rescue Department, 6.2 Owner agrees that any clean up on the Property after the completion of the Controlled Bum training session is at the sole discretion of the City, and Owner shall be responsible for any costs associated with the clean up of the Property after the Controlled Bum training session, to be paid upon demand, 7. Liability. Acknowledging the exceptions of set forth in paragraph 4, "Ownership Indemnification" and paragraph 5, "Consent of Owner", the City and Owner agree that each party shall be responsible for any and all damages incurred as a result of their respective negligence, 7,} Indemnification and Subrogation. To the extent permitted by law, and subject to the limitations as provided in Section 768.28, Florida Statutes, the parties 2 further agree that in the event liability or damages are imposed against a party who was not at fault, then the party at fault shall indemnify the non-faulting party. Such indemnification shall include reimbursement for any and all damages, actions, suits, claims or demands, arising from loss, injury or death to any person or property, including but not limited to reasonable attorneys fees, cost of litigation, investigation costs. 8. Term of Agreement. This Agreement shall take effect upon approval and execution of this Agreement authorizing the Fire Rescue Department to perform or execute the Controlled Burn Exercise on the Property. The Agreement is for a term of one (1) year from the date executed above. The covenants concerning indemnification and liability shall remain in effect after the termination date. 9. Termination. The City reserves the right to reschedule, cancel or terminate this Agreement prior to conducting the Controlled Burn Exercise for any reason whatsoever. 10. Notice of Commencement. The City shall notify Owner in writing, by hand delivery or facsimile transmission of the date(s) it intends to perform the Controlled Bum Exercise on the Property. The City shall notify Owner in writing of the date of completion of the Controlled Burn Exercise on the Property. 11. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered by the Owner. 12, Compliance with Governing Law. Owner and City agree to faithfully observe and comply with all applicable federal, state, and local laws, including but not limited to codes, ordinances, and regulations. 13. Venue, The parties agree that this Agreement shall be governed under the law of the State of Florida and venue for any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 14. Notice, Whenever notice is given by a party, it must be given by written notice, sent by certified United States mail, return receipt requested, by hand delivery or by facsimile transmission addressed to the following: CITY: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH. FL 33425-0310 A TTN: City Manager Fax (561) 742-6011 COpy TO: James A. Cherof, City Attorney CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 .., -~ Fax: (561) 742-6054 OWNER: Boynton Beach Community Redevelopment Agency c/o Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, FL 33435 Fax: (561) 737-3258 15, Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the Owner and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by mutual agreement of the parties, upon written instrument ofthe same integrity, signed by both the parties, 16. Binding Authority, Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 17. Severability, If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law, 18. No Contingent Fees. Owner warrants that it has not employed or retained any company or person to secure this Agreement, and that it has not been paid any fee, or agreed to pay any person, company, corporation, individual or firm, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, and to otherwise recover the full amount of damages, if any, assessed against the City, arising from the violation of this provision, 19, Insurance Certification. Owner agrees to read and sign the Insurance Certification below. INSURANCE CERTIFICATION Owner certifies that any and all insurance on the aforesaid building has been cancelled or there is a non-existence of such insurance on the said structure, and that the existence of any insurance on the structure, of any kind, would constitute peIjury and establish prima facia evidence of intent to defraud which offenses are punishable by a court of competent jurisdiction, vV Owner's Initials 4 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this _ day of ,2008. CITY OF BOYNTON BEACH Attest: BY JANET PRAINITO, CITY CLERK Kurt Bressner, Cjty Manager APPROVED AS TO FORM: Office of the City Attorney BOYNTON BEACH COMMUNITY REDEVEtOPMENTAGENCY f /) Attest: '--r' f~ ,. /"-~ By (---:-tn..:.,.. 4-'^"" / i ~~k,--r LIsa Bright, Executive D( ctor -~- ~ /'C-d'd2.- ~ /,~,..... , ,&t;vl dCll Y APPROVED AS TO FORM: By CRA Attorney 5 VI.-CONSENT AGENDA ITEM C.6 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 0 December 18, 2007 December 3, 2007 (Noon) C8J February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon) 0 January 15,2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17, 2008 (Noon) ("") 0 C? --{ 00 :::::j-< .." -<0 0 0 ("T1 :J "T1 AnnouncementslPresentations City Manager's Report o:::;J ~-cc 0 0 New Business I r."o NA TURE OF Administrative ~ :"0-< AGENDA ITEM C8J Consent Agenda 0 Legal ,~z -0 . ')--1 ::J: '.J 0 0 Code Compliance & Legal Settlements 0 Unfinished Business .:::> % - "T1cn 0 0 u ~1"T1 Public Hearing en C")> en rr1C") RECOMMENDA nON: Approve Resolution No. 08 - _ authorizing the creation of a City Green Task Force to ::x: oversee the process of improving and sustaining the environmental needs of Boynton Beach, to work with appropriate environmental, staff and citizen groups necessary and vital for stimulating green awareness, and to make recommendations to the City Commission regarding environmental sustainability. EXPLANATION: At the December 18,2007 City Commission meeting, there was discussion of the importance of environmental stewardship and the establishment of a City Green Task Force to make recommendation to the City Commission regarding environmental sustainability. Commissioner Ross urged the City Manager to continue to work with staff to implement an environmental task force. Mayor Taylor agreed with the suggestion and requested that staff submit a proposal. The attached resolution represents a commitment to provide recommendations to the City Commission regarding: . Development of a long-term environmental improvement plan and policy. . Provide an assessment of our current environmental situation. . Research successful programs implemented by other communities and provide recommendations for ways to improve the environmental sustainability of City programs, service, equipment and facilities. . Proposed means to enhance water and energy conservation. . Increase citizen awareness of sustainable environmental and construction practices through public education programs. . Incentives for residents, businesses, developers and organizations to practice environmental conservation and sustainable building. . Incorporation of green building standards into the City's Land Development Regulations. . Incentives for sustainable affordable housing developments. PROGRAM IMPACT: Currently, the City of Boynton Beach is a member of the US Green Building Council (USGBC) and the Florida League of Cities endorsed Florida Green Building Coalition, Inc. (FGBC). The FGBC has developed the "Green Local Government Standard," which focuses on improving municipal environmental performance through measurable criteria in order to promote alternative energies and a cleaner environment. Staff proposes to utilize this standard in concert with other municipal "best practices" to assess our current environmental situation, determine what actions need to be taken, and identify areas of potential cooperation to better achieve common goals. Recommendations and cost analysis will be brought back to the City Commission for policy decisions that would create and enforce programs to help preserve natural Florida ecosystems, conserve water, reduce waste materials and create green policies and standards throughout the city. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: N/A AL TERNA TIVES: Not to authorize the creation of a City Green Task Force, t4L-. City Manager's Signature Assistant to City Manager _~ k- C' A .F' -~_.~ Department Name Ity ttorney! !Dance S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC 1 RESOLUTION NO. R 08 - 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 EST ABLISHING A GREEN TASK FORCE TO OVERSEE 6 THE PROCESS OF IMPROVING AND SUST AINING 7 THE ENVIRONMENTAL NEEDS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission of Boynton Beach is increasingly concerned with 12 environmental issues in our community, recognizing the importance of environmental 13 stewardship regarding energy, water, air, land, waste and sustainable construction; and 14 WHEREAS, the Commission understand the effects of the vast amounts of 15 resources and energy consumed by our community; and 16 WHEREAS, the Commission believes that our community should take greater strides 17 toward acting in an environmentally responsible manner; and 18 WHEREAS, There needs to be an increase in citizen awareness of sustainable 19 environmental and construction practices; and 20 WHEREAS, other communities across the country have established that 21 nvironmentally sound practices will save money, energy and resources over time; and 22 WHEREAS, environmental improvement is a critical and timely issue that should 23 oster cooperation between the City and the community; and 24 WHEREAS, the Commission's goal is to involve City employees and citizens in 25 reating policies and programs that will promote environmental sustainability on all areas of 26 his community; and 27 WHEREAS, Communication with all appropriate Environmental, Staff and Citizen 28 roups is necessary and vital for stimulating green awareness, and - 1 - I WHEREAS, those groups are eager to work together with the City CommissIOn f,.' 2 make changes possible; therefore, be it; 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1, The foregoing "WHEREAS" clauses are true and correct and hereby 6 ratified and confirmed by the City Commission. 7 Section 2. A Task Force be created to focus on the areas of Public Education: 8 Water Conservation; Waste Reduction/Recycling; Sustainable Construction; This Task Force 9 will consist of seven (7) City Staff: (City Manager; Development; Utilities: Public Works: 10 Parks; Finance; Grants) and one (1) CRA Staff. to be named the Green Task Force, to oversee I] the process of improving and sustaining the environmental needs of Boynton Beach. ]2 The duties of the Green Task force will be to provide recommendations to the City 13 Commission regarding: 14 Development of a long-term environmental improvement plan and policy Provide an 15 assessment of our current environmental situation 16 1. Research successful programs implemented by other communities and provide 17 recommendations for ways to improve the environmental sustainability of City ] 8 programs, service, equipment and facilities. ] 9 ') Proposed means to enhance water and energy conservation ...., 20 3. Incentives for residents, businesses, developers and organizations to practice 2] environmental conservation and sustainable building. 22 4. Incorporation of green building standards into the City's Land Development 23 Regulations. 24 5. Incentives for sustainable affordable housing developments 25 Section 3. The Green Task Force shall conduct their review and provide a report 26 f recommendations to the City Commission and shall sunset six (6) months from the date of 27 he initial organizational meeting of the Task Force unless extended by the City Commission, , 1 The Task Force shall consider the cost to implement their ideas as the recommendations are 2 formulated. 3 Section 4. That this Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of February, 2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 33 :\CA\RESO\Green Task Force.doc - 3 - VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.7 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office o December 18, 2007 December 3, 2007 (Noon) ~ February 19, 2008 February 4, 2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon) o February 5, 2008 January 14,2008 (Noon) o April 1 , 2008 March 17,2008 (Noon) ("') C> CJ-i CO ::(-< -., -<0 0 0 City Manager's Report I"T'l ':J .." AnnouncementslPresentations co c-ro 0 Administrative 0 New Business I ~o NATURE OF ~ Al-( AGENDA ITEM ~ Consent Agenda 0 Legal :;~z -0 Ul'6 0 0 ::J: Code Compliance & Legal Settlements Unfinished Business N 0% 0 Public Hearing 0 .. ~CD W -fTl ("')> C> fTlC"") RECOMMENDATION: To enter into an agreement with ZGolf Food & Beverage, LLC, to provide an on-site revieWI= of the food and beverage operations at The Links at Boynton Beach. EXPLANATION: Providing food and beverage for our golfers is necessary to ensure that their experience here is a pleasurable one. During the first 16 years of our existence, we leased the restaurant operation to concessionaires (more than six different ones) and each experience ended in disappointment. Since Golf Course Administration took full control of the restaurant operation approximately 8 years ago, minimal losses have continued to grow. Because of the location of the golf course restaurant (off the main road, out of sight to the public) and the limited number of customers (golfers only) eating there, The Links staff has decided to hire a consultant who is familiar with food and beverage operations, particularly those affiliated with public golf courses. After a Request For Quotation, ZGolf Food & Beverage, LLC, was selected to do an on-site review to assess how the restaurant at The Links at Boynton Beach can reach it's full potential to achieve financial success. PROGRAM IMPACT: The review of the restaurant and its food and beverage operations will determine its demographics, marketplace and revenue improvement opportunities. FISCAL IMPACT: The cost of the review is $6,500. Funds are available in account # 411-2911-572-63-01. AL TERNA TIVES: Not to approve the agreement and to continue managing the food and beverage operations using the most efficient and cost-effective ideas we know. ~~ \0~~ Department Head's Signature City Manager's Signature 9l It / Golf Course ~/ /1.,(,--; 'iiVJ~ . / Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC I 1 RESOL UTI ON R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING AND DIRECTING THE CITY 6 MANAGER AND CITY CLERK TO EXECUTE A 7 CONSUL T ANT AGREEMENT FOR ON-SITE REVIEW' 8 OF FOOD & BEVERAGE OPEARTIONS AT THE LINKS 9 AT BOYNTON BEACH BETWEEN THE CITY OF ]0 BOYNTON BEACH AND ZGOLF FOOD & BEVERAGE, 11 LLC.; AND PROVIDING AN EFFECTIVE DATE. 12 ] 3 ]4 WHEREAS, due to the limited number of customers and location of the golf course ]5 restaurant staff is recommending to hire a consultant who is familiar with food and beverage 16 operations affiliated with public golf courses; and 17 WHEREAS, upon recommendation of staff, the City Commission has determined 18 that it is in the best interests of the residents of the City to authorize the City Manager to 19 execute the Consultant Agreement for On-Site Review of Food and Beverage Operations at 20 the Links at Boynton Beach between the City of Boynton Beach and ZGolf Food & 21 Beverage, LLC. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I~ THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~j 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the City Manager and City Clerk to execute the Consultant 29 Agreement for On-Site Review of Food and Beverage Operations at the Links at Boynton I 1 Beach between the City of Boynton Beach and ZGolfFood & Beverage, LLC., a copy of the 2 Participation Document is attached hereto as Exhibit "A". 3 Section 3. This Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of February, 2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor- Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 33 34 S: \CA \RESO\AgreementSZGolf Food and Beverage. doc 2 CONSULTANT AGREEMENT FOR ON-SITE REVIEW FOOD & BEVERAGE OPERATIONS THE LINKS AT BOYNTON BEACH THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ZGolf Food & Bevera2e. LLC , hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSUL T ANT services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the city's assigned project manager. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 21 calendar days from the date the Consultant concludes the site visit, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $6.500 without express written modification of the agreement signed by the City. b. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. c. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. d. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible CA-l copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold hannless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1 ,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, CA-2 religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: ZGolfFood & Beverage, LLC 79 Daily Dr # 300 Camarillo, CA 93010 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. CA-3 DATED this _ day of , 2008. CITY OF BOYNTON BEACH ZGolfFood & Beverage, LLC City Manager (Consultant) Attest! Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest! Authenticated: Office of the City Attorney Secretary S :\CA \AGMTS\GoIf Course\Consultant Agreement-Restaurant Operations.doc CA-4 EXHIBIT "A" SCOPE OF SERVICES FOR ON-SITE REVIEW FOOD & BEVERAGE OPERATIONS AT THE LINKS AT BOYNTON BEACH 1. Consultant will conduct an on-site review of the restaurant and its food and beverage operations at The Links of Boynton Beach to determine its demographics, marketplace and revenue improvement opportunities. 2. Consultant's review will be focused on how the restaurant at The Links at Boynton Beach can reach its full potential to achieve financial success. 3. Consultant will conduct an on-site review of the current financial statements of the restaurant at The Links at Boynton Beach and provide recommendations for the improvement of its operation. 4. Consultant will conduct an on-site review of the current operational performance of the restaurant including service levels and food selection and preparation. 5. Consultant will provide the City with an offering of options for Food & Beverage management at the restaurant and the pros and cons associated with each option. 6. Consultant will provide the City with its findings and recommendations in a report to be delivered no more than twenty-one (21) days after the on-site review. 7. Consultant shall furnish all labor, materials and equipment necessary to complete all work as specified by the City. 8. Consultant understands that timeliness and quality of service are of primary concern to the City. CA-5 EXHIBIT "B" SCHEDULE OF PRICING FOR ON-SITE REVIEW FOOD & BEVERAGE OPERATIONS AT THE LINKS AT BOYNTON BEACH Date: The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: $6.500 ( Includes all travel, lodging and food expenses.) TOTAL AMOUNT COMPANY NAME SIGNATURE PRINTED NAME ( ) TELEPHONE NUMBER TITLE CA-6 VI.-CONSENT AGENDA ITEM C.S. 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 Citv Clerk's Office o December 18, 2007 December 3, 2007 (Noon) ~ February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon) o February 5, 2008 January 14, 2008 (Noon) o April 1, 2008 March 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business C") c::> C") -f 0 Public Hearing 0 CO :::j-< C- -<0 :x::- L, ." RECOMMENDA TION: Z 'co W "'10 N ::<:J Motion to approve and authorize by Resolution the 2nd and final renewal of 18 consultant agree11tfnt?;:i issued under RFQ #065-2821-03/CJD and renewal #028-2821-06/CJD as allowed in the agreenilht. ~~ There are 18 consulting firms approved under this RFQ for four (4) scopes of services that inch2Je wileD plant expansion and capacity replacement, wellfield development and hydrogeology services, :: ~~ infrastructure improvements and ancillary studies and services. g EXPLANATION: This RFQ was issued to secure the services of qualified consultants/engineers for assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; but, also intended for use by other departments as applicable. Top ranking qualifiers, identified in Attachment No.1, were approved for consultant and/or engineering services through a RFQ process and approved by the City Commission on September 16, 2003 and renewed on February 21,2006, and now we are requesting the final renewal. The RFQ agreement for services was for an initial period of two years. The agreement included a renewal provision for two (2) additional two (2) year periods subject to consultant acceptance, satisfactory annual performance evaluation and successful rate negotiation. PROGRAM IMP ACT: All 18 of the consultants/engineers approved under the RFQ were contacted, soliciting their interest in renewing their agreement. All 18 have submitted positive responses and rate negotiations have been successful. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The fiscal impact is dependent on the CIP and the project importance and timing. The Utilities Department has an extensive CIP and many projects are currently under Task Order assignment with the consulting firms. Funds come from the Utilities Reserves 403, Utilities Capital Facility Charge 404 and in some cases the Utilities Operating 401. ALTERNATIVES: 1. The City could conduct a new Request for Qualifications, timing for any new Task Orders and their associated capital improvement projects could be delayed for months while a new process begins. 2. The City could conduct separate Request for Qualifications for each specific project, delaying projects further. 3. Approve this motion for renewal. Utilities Staff recommends alternative 3, as a cost and time savings method. The current Request for Qualifications has provisions for another renewal in the agreement. This last alternative also provides the City with a cadre of qualified consultants/engineers for a multitude of projects. The Utilities Department is in the process of acquiring Revenue Bond money for construction of Utilities projects which requires that the City/Department be prudent in the expenditure of the funds to accomplish the projects set forth within the Bond Project List. The Bond Project List contains many of the projects on the Utilities elr W)iCh was preVious~nOWledged by eommiSS~D~: 2007. Department Head's Signature City Manager's Signature f~::2 . City Atto cc: Pete Mazzella Michael Low Barb Conboy Karen Riseley Carol Doppler - Procurement S\BLJLLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC I I 1 RESOLUTION NO. R08 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RENEWING THE CONSULTANT AGREEMENTS FOR 6 SERVICES WITH EIGHTEEN COMP ANIES AS 7 GENERAL CONSUL T ANTS FOR ENGINEERING 8 SERVICES; ACCEPTING NEGOTIATED RATES OF 9 COMPENSA TION FOR SERVICES; AUTHORIZING 10 EXECUTION OF CONTRACTS; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, on November 15, 2005, the City Commission of the City of Boynton 15 Beach approved the renewal of the consultant agreements with each of the consultants 16 which were approved under RFQ #065-2821-03/CJD and renewed under 028-2821-06/CJD; 17 and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, hereby deems it to be in the best interests of the citizens and 20 residents of the City of Boynton Beach, to accept negotiated rates of compensation for 21 services, and authorize execution of contracts with each of the eighteen (18) companies; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby renew the following eighteen (18) engineering firms as being qualified to provide 29 consulting engineering work for the City's Utility Department, accepts the negotiated rates 30 of compensation for services, and authorizes execution of agreements, as follows: S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Engineering Services 020808.doc I I i I 1 Arcadis G & M, Ine, 2 Boyle Engineering Corporation; 3 Brown & Caldwell 4 Camp Dresser & McKee, Inc.; 5 CH2M Hill, Inc,; 6 Craig A. Smith & Associates; 7 Erdman Anthony of Florida, Inc.: 8 Global Tech, Inc,; 9 Kimley-Horn & Associates, Inc,; 10 Marco Water Engineering; 11 Matthews Consulting, Inc.; 12 Metcalf & Eddy, Inc.; 13 PBS & ] Corporation; 14 SFRN, Inc.; 15 Stanley Consultants. Ine, 16 Tetra Tech HAL 17 URS Corporation; 18 Wantman Group, Inc,; 19 20 Section 3, This Resolution shall become effective immediately upon passage, 21 22 PASSED AND ADOPTED this _ day of February, 2008, 23 CITY OF BOYNTON BEACH. FLORIDA 24 25 --,--_.,,---~---- 26 Mayor - Jerry Taylor 27 28 -- 29 Vice Mayor - Jose Rodriguez 30 31 ~~._- 32 Commissioner - Ronald Weiland 33 34 35 Commissioner - Woodrow L. Hay 36 37 .._,,~ 38 Commissioner - Marlene Ross 39 ATTEST: 40 41 42 Janet M. Prainito, CMC 43 City Clerk 44 45 46 (Corporate Seal) SICAIRESO\Agreements\Consultant Agmt ResoslConsultant - Engineering Services 020808.doc TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH RFQ #065-2821-03/CJD COMMISSION APPROVED SHORT LIST Commission Agenda September 16,2003 Attachment No. 1 SCOPES OF SERVICES Scope A Scope B Scope C Scope 0 NAME OF CONSULTANT 1 Arcadis, Geraghty & Miller X X 2 Boyle Engineering Corporation X 3 Brown & Caldwell X X 4 Camp Dresser & McKee, Inc. X 5 CH2M Hill, Inc. X X X X 6 Craig A. Smith & Associates X 7 Crossroads Engineering, Inc, X 8 Global Tech, Inc. X X X X 9 Hartman & Associates, Inc. X X 10 Kimley-Horn & Associates, Inc. X X X 11 LBFH, Inc. X 12 Lawson, Noble & Webb, Inc. X 13 Marco Water Engineering X 14 Mathews Consulting, Inc. X 15 Metcalf & Eddy, Inc. X X X 16 PBS & J Corporation X 17 SFRN, Inc. X X 18 Stanley Consultants, Inc. X 19 URS Corporation X X 20 Wantman Group, Inc. X A read · s o.ncl Lc"}~1 NcJ,J"" Lid*, {flim'F I-&nt. '[fie .c''''cj ~/Q- rn~)~J1"lO ,f}ti,~r'{ Page 1 of 1 llJ / 24/2007 WED 10: 42 FAX iZIoo3/oo3 FRm1 : BOYNTON BEACH tiT I LIT I ES FAX NO. :561 742 6298 Oct. 24 2007 07:32AM P3 The City of Boynton Beach Utijjf.jt3/1 Deplll'tment 12,/ R. Wuufbright RtJHn BI~YT1tlm .Bt!(lcJJ, }'Jorjdl1 ,y,U:JIi {)ffi(N1: (lf61) 742'8400 FA.;r: (56''/) 742-6fJ98 Wob~it8:www, ~hll'Jt i1itiNJ.o.r/r Attention: Barbara Conboy Manager~ Utiliti.es Administration/Finance Re: RFQ #065~2821-03/CJD.... Second Two-Year Renewul Contract for General C0l1sulting and Engineering Services Noto: Please return this form no later than Octoher 19, 2005 Agreement between the City of Boynton Beach, Owner, and -A~CADIS G & .~}NC. Name of Firm Contract Renewal Period: Febru&IY 21,2008 through Februmy 20,2010 L Yes, I agree to renew the existing contract under the Tenus and Conditions of the original agreement for a second two-year period, I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, ] do not wish to renew the contrad, ARG.ADTS G & M~C. ..._~.._- ~~~ -_._.....~--_._--- NAME OF FIRM lUNA T M"I!)C(~ II LVJ/1d, r(._ ~Cf ;,:,~ /Ppkr t~~ !Jj,~f' NAME OF REPRESENt A TTVE J 1TfLE (please print) / D v d- t/---D7 (S0!)_..0C;7~ 7DDU _..-......~ ..- ._-........",.~ DATE (AREA CODE) TELEPHONE NUMBER America is G/~tewa.v to tile GulBdreo.1Tl. ~ ARCADIS ARCAOfSUSfoc Infrastructure, environment, facilities ........ \. 2081 Vista Parkway J West Palm Beach f1 ,. ~ 4' Florida 33411 . ,,<t' ./' ;"-,,,,,;" ... Tel 561.697.7000 Barbara Conboy, Manager .. '\ ii....."" Fax 561,697.7751 Utilities Administration/Finance www.arcadls-us.com The City of Boynton Beach \\:'\\J '2 \ Utilities Department \lJ 124 E. Woolbright Road '1'\t.S Boynton Beach, FL 33435 ~\ Of: ~C\i U1\\.\' t)o'n~10\'i \J~ WATER RESOURCES Subject: RFQ No. 065-2821-03/CDJ Second Two-Year Renewal Contract For General Consulting and Engineering Services Date: November 20, 2007 Dear Ms. Conboy: Contact: Thomas C. Jensen, PE As per your request, please find enclosed our updated billable classification rates and mark-up percentages schedule. We are also enclosing resumes for those Phone: individuals that we added to the schedule. 561.697.7065 Email: Note that our official name has changed from ARCADIS G&M, Inc. to ARCADIS Tom.jensen@arcadis- U.S., Inc. The documentation to support this change is also enclosed. Please make us,com this change accordingly. . . Florida License Numbers For Scope C, the work IS listed under Lawson, Noble & Webb, Inc. (LNW). On August 18, 2003, LNW merged with the firm ARCADIS G&M, Inc. The articles related Engineering to this merger are enclosed, that justify the change of the firm's name under Scope C EB00007917 from LNW to ARCADIS U.S., Inc. (formerly ARCADIS G&M, Inc.). Geology GB564 Please review the enclosed and advise if you should require any additional Landscape Architecture . f t' LC26000269 In orma lon, Surveying . LB7062 Sincerely, ARCADIS U.S" Inc. , Imagine the result G:\AProjects\WRIRF PROJECTSICORRESPONDENCE (E)IWP601CORRESPITCJIBusiness DevelopmentlLetter 10 Conboy-2 YR Contract 11.20.07.docg:\aprojectslwr\rf projectslcorrespondence (e)Iwp60Icorrespltcjlbusiness developmenllletter to conboy-2 yr contracl11.20.07.doc FROM CORPORA1ION TRUST 302-655-2480 (THU) 12. 7' 06 15:12/ST,15:09/NO. 4862069776 p <- L 11/21/1008 10:39 FAX 7201448782 State of ~a-.re ARCADIS Sec.ret.uy o&iMt&4 ni. vision of Corponstions Deli vezecl 08:36 PM 1.2/07/2006 FILED 08: 36 PM 1.2/07/2006 SRV 061121357 - 2798426 FILE STATE OJ DELAwAD UliIaUlCAD 01' AMI'Jl1IDIDT OF l:IliJaIHCATE 01' lNCOltPOltATlON AIlCADIS GMt, w.. . ootpC)t8tion cxpa;'" _ willti1W uuder IDd by virtue of 1be General CoIpondion Law oftbl stat.e ofDo1awln, does.by certify: FIRSI': Th8l1be board of ~ of said COlpOJIIioa, It . me<<Jt\a duly COIl~ IIId h8ld, .doptIld a resolution ~ _ <SeeS..n,g aWisable the rono.ms ~ 10 the ceft.titcate ofiDca(pontion of aid cm~n: NOW TIlBIlBJOU, . IT 1tESOLVD, 1bIt. the 4bw&oa lMftby ~~ ~ a(!opt, rarify aa4 dcclIn the lIdYisaIdUty of the ~ of IDao1paaIicm. of tU CoIpondion be .....W by ~gj~g 1be name of tM Corpondian 10 t1uIt, as amcmded, IhIU be m;l1tl4 as follOWl: 'Ibe D8I:DC ofb CoJporWm BbaU be ARCADII U.8..INC. SECOND: 'I'JQr1 in lieu. of a ~ 8Dd vote at &roctfJol~ 1bc ~1dtft bave giWIl wrii1at CCJDIIDt to IIid ~t in ICCD'daI:e with the JKOviIioaI of IOdiaD 228 01 the Genenl Cmpoftdion Law of" .. of Delaware. and ___ ~ WII Sed vdth 1be corpcmItion. , THIRD: Tbat tile ... Jlr=. ~cnt was duly adopa.d in ~ with thI apJtic.1lblc: provisioDa of SectIoD. 24211DCl228 ofTitJc 8 oftbe ~ Code. IN 'WITNESS WBEBEOF. sald I.RC.hDIS G&M. lAo. hall Cl8DICll1hiB ~ to be signed this .q.1\~ day of ~.....Hv . 2006. Na=::: SbMIl B. Blake T1tle: CbiefBlrecutiVe Qffioer A%te8t: ARCADIS (JAM, Inc. ~7rfrvr Name: StMu J. NIpIItD T1tle: Secaw)' 'lJefaware PAGE 1 rrFie !First State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COpy OF THE CERTIFICATE OF AMENDMENT OF "ARCADIS G&M, INC.", CHANGING ITS NAME FROM "ARCADIS G&M, INC." TO "ARCADIS U. S. , INC. ", FILED IN THIS OFFICE ON THE SEVENTH DAY OF DECEMBER, A. D. 2006, AT 8:36 O'CLOCK P.M. A FILED COpy OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS_ ~~ ~91---~ Harriet Smith Windsor, Secretary of State 2798426 8100 AUTHENTICATION: 5266995 061121357 DATE: 12-11-06 SECRETARY CERTIFICATE OF ARCADIS G&M. INe. I, Steven J. Niparko, serving in the capacities of Corporate Secretary of ARCADIS G&M, Inc., a Delaware corporation authorized to do business in the state of Florida, as reflected by the records of the Florida Secretary of State (attached), and Corporate Secretary of Lawson, Noble & Webb, Inc., a Florida Corporation, as reflected by the records ofthe Florida Secretary of State (attached), hereby attest and certify that on August 18, 2003, ARCADIS G&M, Inc. was the sole shareholder of LNW Merger Corp., a Florida corporation, and on such date Lawson, Noble & Webb, Inc. and LNW Merger Corp. merged into a single surviving corporation of Lawson, Noble & Webb, Inc. As reflected in the attached Articles of Merger filed with the Florida Secretary of State, on August 18, 2003, ARCADIS G&M, Inc., as the sole shareholder of LNW Merger Corp. became and remains the sole shareholder of Lawson, Noble & Webb, Inc. as of this date. ARCADIS G&M, INC. ~,~ }? 17\/}- yZ-;;; C (seal) Steven J. Niparko ( Date Corporate Secretary LAWSON, NOBLE & WEBB, INe. :~;/ y/,9" -) c , I) 1 II ;5ea! Steven J. Nip rko j Date Corporate Secretary The City of Boynton Beach UtlJities Department 124 E, Woolbright Road Boynton Beach, Florida 33435 OfIice: (561) 742-6400 FAX: (561) 742-6298 Website:www, cbbutlJities, org Attention: Barbara Conboy Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and -L-BFH;-fne:- Boyle Engineering Corporation (fka LBFH, Inc.) Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 ~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. No, I do not wish to renew the contract. blWH,-Ia<r. Boyle EnRineering Cor~oration ~ lP ;f!....,..#- NAME OF FIRM SIaN R Jeffrey D. Renault, P.E. Vice President NAME OF REPRESENTATIVE TITLE (please print) October 10, 2007 561-684-3375 DATE (AREA CODE) TELEPHONE NUMBER Americas Gateway to the Gulfstream ~ 'i ,y::=.;;f'=.,""__..,..=.."-....,_'=..c'c_-c;:c-"~ BO~LE gineering Excellelice Sin~e .942 3550 S.w. Corporate Parkway Elnployee Owned Palm City, FL 34990 TEL: (772)286-3883 FAX: (772)286-3925 S"':J 2 8 cc' www.boyleengineering.com ~ t. September 25, 2007 BOMON BEACH Ui\lI'i\ES Dear Valued Clients and Friends: As you know, LBFH, Inc. ("LBFH") was acquired by Boyle Engineering Corporation ("Boyle") in February of 2006 and has been a wholly-owned subsidiary of Boyle since that acquisition. The LBFH name and reputation for excellence continue to be a valued asset. However, it is time to recognize the fact that LBFH is an integral part of the Boyle organization. Therefore, we are pleased to announce that in October, LBFH will be merged into Boyle Engineering and will do business solely as Boyle Engineering Corporation. The legal effect is a statutory merger of a wholly-owned subsidiary into its parent. Therefore, Boyle succeeds to all of LBFH's assets (including contractual rights and the resources to meet contractual obligations) without the need for assignment. In practical terms, this means that you will see little evidence of change, and no contract amendments will be necessary. Although the logos and letterheads will change, you will be doing business with the same people in the same offices and in the same manner. Boyle provides a wide range of professional services in civil engineering including water resources, wastewater, and transportation. Begun in 1942 as a sole proprietorship, Boyle has national presence and enjoys an excellent reputation in its core businesses. Boyle has offices in 20 U.S. cities, primarily in California, Florida, and the Rocky Mountain states and is a rapidly grov.ring ENR Top 500 Firm. We encourage you to learn more about Boyle by visiting \1,Iv.',lI'. bovleengineering.com. Over the course of our relationship you have come to rely on LBFH's ethical and professional standards, as well as our emphasis on quality and client service. I can assure you that these values are of the highest priority throughout the entire Boyle organization. If you have any questions or concerns, please contact a Boyle team member or me directly at (772) 286- 3883. BOVLE ENG/NEERI/\/G CCViFYiFU.~T/ON -'" or. The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 .F:4X: (561) 742-6298 Website:www. cbbutiJities, org Attention: Barbara Conboy Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and BROWN & CALDWELL Name of Firm C~Renewal Period: February 21,2008 through February 20,2010 - Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. BROWN & CALDWELL NAME OF FIRM -2n~1d M. A.s~ VI.Cl ffe5iatnt NAME OF REPRESENTATIVE TITLE (please print) Oct. /9 J :J.tJo7 5'6' 1- 6~Y-3 liS' DATE (AREA CODE) TELEPHONE NUMBER America s Gateway to the Gulfstream The City of Boynton Beach UuiltiesDepartment 124 E. f/Voolbright Road Boynton Beach. Florida 33436 Office: (561) 7.J2-6400 F-L\': (/561) 7-12-6298 rr e bsite: H oww. cb b utIlities. 0 r{{ Attention: Barbara Conboy Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and CAMP DRESSER & Mc KEE, INe. Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 / Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. CAMP DRESSER & Mc KEE, INe. QJ C12L- NAME OF FIRM SIGNA TURE Uo.\l \ c) l. Q\\~~ kso~~ -.-- NAME OF REPRESENTATIVE TITLE (please print) \()~ 01 LSVLJ (P8Q--S5$lo DATE (AREA CODE) TELEPHONE NUMBER Americas Gateway to the Gulfstream The City of Boynton Beach UtlJities Department 124 E Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 FAX: (561) 742-6298 Website:www, cbbutilities, org Attention: Barbara Conboy Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19,2007 Agreement between the City of Boynton Beach, Owner, and CH2M HILL Name of Firm Contract Renewal Period: February 20,2007 through February 21,2010 /" Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a asecond two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. CH2M HILL f2JuJ ~~. NAME OF FIRM SIGNATURE KtJL t{o.rJt. s k~ offiu ~~1f NAME OF REPRESENTATIVE TITLE (please print) oJb Ib 2tXJj- q51:~ 4 V; ~ 4008 ( DATE (AREA CODE) TELEPHONE NUMBER America s Gateway to the Gulfstream The City 0/ Boynton Beach ~~~~ Utilities Department ~~~ ~ 124 E. IVoo1bright Road ~'J Boynton Beach, Florida B:N:J5 ~'>~ Office: (561) (,]2-6400 ~~ FAX: (561) 742-6298 e~ \ 'jCJ 'IC",,', 'www chhw;,M"'H"c;) L \ ' ,~ , ~~')~ Attention: Barbara Conboy ~ ~~ Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and CRAIG A. SMITH & ASSOCIATES Name of Firm c~cnewal Period: February 20, 2008 through Fehruary 21 , 2010 ~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. s~ CRAIG A. SMITH & ASSOCIATES NAME OF FIRM 411?1~ L. 4Jtf1/d ~v'iorl V let 7lf~; Z$~ NAME OF REPRESENTATIVE TITLE (please print) 10/1:71 0'7 (q54 J 7gt ~g1f2Z, ---- DATE (AREA CODE) TELEPHONE NUMBER America's Gateway to the GuIfstream The City of Boynton Beach RECEIVED Utilities Department 124 E Woolbright Road Boynton Beach, Florida 33435 Oflice: (561) 742-6400 FAX: (561) 742-6298 OCT Website:www. cbb utilities, org 1 5 BOYNTON BEACH UTILITIES Attention: Barbara Conboy Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and ERDMAN ANTHONY OF FLORIDA, INe. Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 ~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. ERDMAN ANTHONY OF FLORIDA, INC. SI~RE4-q.w NAME OF FIRM 'DOJ\.GA \ b~ \ \.e\:\e ~A \\U~\ ~SC9c'tcL~ NAME OF REPRESENTATIVE TITLE (please print) \D\. \\l 01 SCo \-IC:;1,-q 12 ~ DATE (AREA CODE) TELEPHONE NUMBER (Formerly Crossroad Engineering, Inc.) America's Gateway to the GulfStream The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach. Florida 33435 Office: (561) 742-6400 RECEiVED F:~r: (561) 742-62fJ8 Website:www. ebb u tJiities. org 1 2 ""-,, OCT Attention: Barbara Conboy Bt: ~cq 1 ~"!'" ,""!"!I""~! Manager, Utilities Administration/Finance BOMaN ...~"l" ~,1' - ' Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and GLOBALTECH, INe. Name of Firm Contract Renewal Period: February 20,2007 through February 21,2010 ---t- Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. /~ GLOBAL TECH, INC. s~ t~y ---~- NAME OF FIRM T~ L. LVII Vr~ ~~\l,~+ NA OF REPRESENT A TIVE TITLE (please print) LO(rO ~:::t sr; (- iCf 1-- - b~33 DATE (AREA CODE) TELEPHONE NUMBER Americas Gateway to the Gulfstream The City of Boynton Beach Utilities Department 124 E, Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 FAX (561) 742-6298 Website:www, cbbutzlities, org Attention: Barbara Conboy RECEIVED Manager, Utilities Administration/Finance OCT 1 7 '),f)(-,-, LuU! Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal BOYNTON B Contract for General Consulting and Engineering Services EACH UTILITIES Note: Please return this form no later than October 19,2007 Agreement between the City of Boynton Beach, Owner, and KIMLEY-HORN AND ASSOCIATES, INC. Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 /' Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. ~~ KIMLEY-HORN AND ASSOCIATES, INe. SIGNATURE .., NAME OF FIRM j#,.~tlel~~,,= ~C. ;:~ P~s,-de~ i NAME OF REPR SENTAfIVE TITLE (please print) /0 -/"-07 C$" I ) B4o-0BS2. DATE - (AREA CODE) TELEPHONE NUMBER America s Gateway to the Gulfstream The City of Boynton Beach Utilities Department 124 E. Woolbright Road . .. .. __ _ .........--"" Boynton Beach. Florida 33-j:J,j R" .. t:. .'. .. ..-.: ...... . Office: (561) 742-6400 . Yi. "\'l " f>lJ.': (561) 742-6298 .~' l.....<iIIi... d '""",... ",--,.' Ifebsite:wl-vw. cbbu tlJities. org On 1 r, ',-I; 1 v Attention: Barbara Conboy ... M U 'I" Ad ., 'n/FOl\.VllTON Be', f'\U 11-" l"r!.S anager, t1 It1es mlmstratlO WVf'fl . ,-Prv \ i \.,.; , . _I \ .- Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and MARCO WATER ENGINEERING Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 dYes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. MARCO WATER ENGINEERING i'~..;l M/ ;1C', NAME OF FIRM SIGNATURE (Y)Q('lO f), /5e/1 .If) [. flf'51((~/}-; NAME OF REPRESENT A TIVE TITLE (please print) } () / Jr /lOo'l ) 61- 2. 53~ Z? 0 0 DATE I (AREA CODE) TELEPHONE NUMBER Americas Gateway to the Gulfstream Oct 22 07 09:11a Mathews Consulting, Inc. (561) 478-7964 p.2 The City of Boynton Beach Ut.llit1M Department 124 E Woo1bLight R<Jad Boynton Bellch. Florida S:N35 Office: (561) 742-6400 FAX: (56I) 742-6298 Website:www. c:bbutllities. org Attention: Barbara Conboy Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract tor General Consulting and Engineering Services Note: Please return this fonn no later than October 19,2007 Agreement between the City of BO}TIton Beach, Owner, and MATHEWS CONSULTING, INC. Name of Finn Contract Renewal Period: February 20,2008 through February 2010 V" Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. MATHEWS CONSULTING, INC. (OJ ~.~-~ NAME OF FIRM SIGNATURE 1J... v .. J L. M "",-t""lj.f V .. c.~ PC"c. ~ ~c:l~+ NAME OF REPRESENTATIVE TITLE (please print) /oh1./o., S-6/- '17g - 7~61 DATE! (AREA CODE) TELEPHONE NUMBER America ~ Gateway to the Gulfstream 10/22/2007 09:48 954-745-7297 METCALF & EDDY F'AI3E 02/ D:? FROM :EOYNTON BE~CH UTILITIES F~X NO. :551 742 E;298 Oct. 22 2007 08:59AM P3 ,The City.,!!jlloynton Beach-Lj "ull'tu.,.. ~p_trt,n(,lJt I:U I:.: Wou/llri{lht lln.,rI lJl(l'fItLln RfII(,b,. 1'1uriJIf .tN.lli DeiIV' . ~ () '14JNUikJ FAX' WiJ) 1.13-(j298 w('"";t~.'"""",,.~hl:mf,.flt...,~_. (''7,; Attention: Barhara Conboy Manager, Utilities Administration/Finnnce Re: RFQ #06S~2g21-03/CJO -.. Sronnd Two--Yc::ar Ren~wlll Contract rUT General Consulting and Engineering Scrvic~ Note: Please r<::tum this thnn no lDter than Octob~ 19. 2UO? Agreerntlnt between the City of Boynhm B~ach, Owner, and METCAU~ & EDDy'~ Q'f<;'::-. Name ofFin:n Contract Renewa.l Period: Pebruary 20. 200R. through Febnnuy 21,2010 ---1...- Yes. 1 agree to fC11ew the existing contract under the Terms and Conditions of the original agrt:ement for a second !:Wtl-year period. 1 understand th.'\t the City Cornmi$$icm must authorize renegotiation ,')f revi,ed rate scheduks of services. _ No, I do nor wi~h to rcro~ the contract. ME1'f.,ALF & F.DDY. INC. -- -- -...'''' ..,,... '".'-'. NAME OF FIRM SrGNATIJR.E Mark 5. Blanchard Vice President; ._- .......-- - - NAME OF RliPR.BSENTATIVE TITLE (please rrint) O~-r:ob@r., 22 ~ 2007 - -- (954) 745-:?2~<>,,_ ...,....H~.,"._ OATF. (AREA CODE) TELEPHONR NUMBER Amc:rks ~q G..'ltt1wlt;r to the OuJfstrf!wn The City of Boynton Beach Utilities Department 124 E, Woolbright Road RECEIVED Boynton Beach, Florida 33435 Office: (561) 742-6400 FAX: (561) 742-6298 Website:www, cbbutlJities. org OCT 1 8 Attention: Barbara Conboy BOYNTON BEACH UTILITIES Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and PBS&J Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 ~ Yes, I agree to renew the existing contract under the Terms and Conditions ofthe original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. PBS&J f~l>~ NAME OF FIRM SIGNATURE RICHARD M. GRUBEL SeDiar Vice PJaideat NAME OF REPRESENTATIVE TITLE (please print) ./ S-~J.-') :J-/<: fc {/:1- (0'1 /")oS DATE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream The City of Boynton Beach [~ilitiesDepartment RECEIVED 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561) N2-6400 F:4X (561) 742-62.98 H'ebsite:www. cbbu tiIitieb'. orK orT 'i ""'\ r,rjr'. \.,1 Attention: Barbara Conboy BOYNTON BEACH UTfUTfES Manager, Utilities AdministrationJFinance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and SFRN, Inc. Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 / Yes, I agree to renew the existing contract under the Terms and Conditions of the original - agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. SFRN, Inc. s~~ --- NAME OF FIRM L '~(l.., A. ~o pe ?~) .. _~ E. ~ ~ <:e- -~=\.~, dt:()~ ._-~-~-- NAME OF REPRESENTATIVE TITLE (please print) IO/IO/Ol 5~/- ~55 - 1/5' ----~ DATE' I (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream The City of Boynton Beach Utiliti" Departm'nt N~ 0 124 E Woolbright Road Boynton Head>, FI=da 33435 f. C ~ ~ Ofliee: (561) 742-6400 FAX: (561) 742-6298 ~ Website:www, ebb utilities, org , ~ 1\)\)1 OC1 ~ ~U\\t.~ Attention: Barbara Conboy ~O\\ ~~C Manager, Utilities Administration/Finance ~O Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and STANLEY CONSULTANTS, INe. Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 ~ es, I agree to renew the existing contract under the T enos and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. "- STANLEY CONSULTANTS, INC. NAME OF FIRM ~H-AKA E . '-pe-- tJ rJ is \J \ cB-- r~SID.eNI NAME OF REPRESENTATIVE TITLE (please print) Cjb ,. 68 q. 1l.f-L/- Lf OfF1Ct:- O(/T. ' r- ~OOr 5bf. '?7~.q-:rqq Ce-LL- 1'7 I DATE , (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Oflice: (561) 742-6400 1:.4X: (561) 742-6298 RECEIVED Website :www,cbbutDities.org Attention: Barbara Conboy OCT 2 2 Manager, Utilities Administration/Finance BOYNTON S'" Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal c"ACH UTILI Contract for General Consulting and Engineering Services TIES Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and TETRA TECH HAl Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 L Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. , , ~/ /~- 4 I ' TETRA TECH HAl -I, /~- NAME OF FIRM \SI~~~' .' ,.' ...-,--- /--1. M~cJ'k~hJ' L) IC.-< ~ S:;' k-l- /..1;// 1-<' c _..~----- NAME OF REPRESENTATIVE TITLE (please print) I <in /;)<)?--; Lj{;'7-.~-;9~ -59';) (AREA CODE) TELEPHONE NUMBER DAT Americas Gateway to the Gulfstream The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Ii, Office: (561) 742-6400 FAX: (561) 742-6298 Web"jteCwww.d>buWitiuMrg ~ C ~ OCr lV~D b 16 ? Attention: Barbara Conboy QV~~ (L'JJI Manager, Utilities Administration/Finance , DN/},.. jJc4~ Re: RFQ #065-2821-03/CJD - Second Two-Year Period "q (j17LI.~ Contract for General Consulting and Engineering Services '7fS Note: Please return this form no later than October 19,2007 Agreement between the City of Boynton Beach, Owner, and URS CORPORATION Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 L Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. URS c::~:::h to renew fue contract. ~tL A E NAME OF FIRM S GNt TURE . ,.--- ---:T . , V.l ~ ~ CZ; rf'Jc5?-~ev'-l"'-9 (jwv1fr5. F }(la/It tJ tJJQ? ~ , f.tcA I<.kWlil,Fi NAME OF REPRESENTATIVE TITL I (please print) (o/idOl- (52,rJ 77'{ -6570 DATE r / (AREA CODE) TELEPHONE NUMBER America s Gateway to the Gulfstream The City of Boynton Beach Utilities Department 124 E. Woolbright RO/ld Boynton Beach, Florida 33435 Office: (561) 742-6400 FA...\'"-' (561) 742-62.98 rVebsite.Www. cbb u tllities. org Attention: Barbara Conboy Manager, Utilities Administration/Finance Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Two (2) Year Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19,2007 Agreement between the City of Boynton Beach, Owner, and W ANTMAN GROUP, INC. Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 V Yes, I agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract. Ii ! /L.~I- W ANTMAN GROUP, INe. ~-.4/ / -.--- NAME OF FIRM SIGNATURE YAV/j) K. Bf26B5T S€}J/o/G VIcE flzes I [)!?l.J1 NAME OF REPRESENT A TIVE TITLE (please print) /pj;5!o7 (~"'/ ) fi,g7-Z2ZO DArE (AREA CODE) TELEPHONE NUMBER Americas Gateway to the GuIfstream . ~N-O~~~~~.~~_ ~ mm~mm0C00~mO~ c ~~a!~!:~~a!f~ ~ ~~f~~~i~~~~a~ o ;:~~:~i~~;;~; ; !fg!!~~= ~~i~ ~ Q.~ !. . 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o December 18,2007 December 3, 2007 (Noon) ~ February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31,2007 (Noon) o March 18, 2008 March 3,2008 (Noon) o February 5, 2008 January 14,2008 (Noon) o April 1, 2008 March 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: A motion to approve the "SURPLUS VEHICLE /EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. n EXPLANATION: Procurement Services has reviewed twenty (20) items on the "SURPLUS VEHICLE IEWP~ LIST" that was submitted by the Public Works/Fleet Maintenance Division (see attached memo). Utilizinlt.!!1e ~f Boynton Beach disposal process for Surplus Vehicles/Equipment will allow the vehicles/equipment to be aDaionetl11y the City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Servi; req~s Commission's review, evaluation and approval to sell the Surplus Vehicles/Equipment. - ~~ ;po vi ~ PROGRAM IMPACT: The disposal of Surplus Vehicles/Equipment will provide inventory, control mainteftnc~ii allow for receipt of revenues through a process monitored by Procurement Services. 'B ~tD -1""1 - C""))> FISCAL IMP ACT: The revenues generated from the sale of these surplus vehicles/equipment will be plaWd i.rl~ Fleet Maintenance Fund in the following account: Revenue Account: Account Description: 501-0000-365-01-00 Sale of Surplus VehiclelEquipment ALTERNATIVES: To hold a Public Auction with Staff which has been done in the past, but after expenses, it was not in the best interest of the City. City Manager's Signature Assistant to City Manager {,#'YY1./ ~ City Attoiey / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEPARTMENT OF PUBLIC WORKS FLEET SERVICES DIVISION MEMORANDUM 08-001 TO: Bobby Jenkins, Asst. Finance Director THRU: Chris Roberts. Ass!. Director OfP&S uP,-- '1 I FROM: Steven Weiser, Fleet Administrato. :... f-! SURT: Surplus Equipment DATE: Tuesday, January 22,2008 The resources listed in this memorandum are surplus. Each unit has been replaced with a new, updated resource. We request the approval of the City Commission to sell these excess resources through local auction. Equip. Year MfQ. Description VIN 18 1997 FORD PICKUP 1FTEF2762VKC48000 44 1999 DODGE PICKUP 1/2 TON /4X2 187HC16X4XS236136 116 1997 FORD STAFF CAR 1FALP52UXVA201482 136 1997 CHEVROLET PICKUP 1/2 TON /4X2 1 GCEC14W1VZ221837 143 1998 FORD STAFF CAR 1FAFP52U5WA194018 145 1995 GMC VAN 1 GDJ P32K4S3502216 191 1996 DODGE PICKUP 1/2 TON /4X2 387HC13Y2TG158292 600 1999 CHEVROLET SUV 4DR /4X2 1 GNCS13W5XK180420 608 2001 DODGE UTILITY 387KC26Z01M534566 616 1999 DODGE PICKUP 1/2 TON /4X2 187HC16XOXS243987 642 2000 DODGE VAN 1/2 TON CARGO / 4X2 287H811X8YK137017 706 2000 CHEVROLET SUV 1 GNDT13W9YK264 727 1084 2003 AUTOCAR REFUSE TRUCK 5VCEC6UE53N194797 1115 2001 CHEVROLET PICKUP 1/4 TON 4X2 1 GCCS 145318203003 3011 2000 FORD SUV LARGE 4DR /4X4 1 FMNU41 L5YEE02729 3116 2001 KIA 4 DOOR SMALL COMPACT KNADC 123816520822 4109 2001 FORD CROWN VICTORIA 2FAFP71W61X155971 4318 2003 FORD POLICE CRUISER 2FAHP71W43X170870 4809 1998 DODGE SUV 184HS28Y1WF118631 8802 1999 CUSHMAN UTILITY CART 898373 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E.. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 18,2007 December 3, 2007 (Noon) ~ February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 3 I, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$2,473.88 for reimbursement of filing fees for building permits the Chamber of Commerce needed for their new Chamber of Commerce Visitor Center, Renaissance Commons, Commissioner Marlene Ross would like to challenge the rest of the City Commission to match her Community Investment Fund grant to the Chamber of Commerce. If two other members of the Commission requested $750 each from their CIF's, then Commissioner Ross's CIF request would be $973.88. However, if each of the five (5) members of the City Commission requested only $494.00 from their CIF's, then the Chamber of Commerce could be reimbursed $2,470.00 for building permit fi ling fees. EXPLANATION: Commission approval is requested for allocation of$2,473.88 (or a lesser amount contingent on additional CIF requests from other members of the Commission) to defray costs of filing fees required for building permits for the Chamber of Commerce's new Visitor Center. PROGRAM IMPACT: Allocation of funds will assist the Chamber in defraying cost for new Visitor Center FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities, Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval AL TERNA TIVES: ~ Department Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: February 5, 2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $2,473.88 Recipient/Payee: Boynton Beach Chamber of Commerce Description of project, program, or activity to be funded: Allocation of funds will reimburse the Chamber for building permit filing fees for the Chamber Visitor Center, Renaissance Commons, 1880 North Congress Avenue. Dated: 2/&/()~ By: r~ tJ~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $0 has been used to date by the requesting Member, leaving a balance of available funds of $10,000. This request would bring the available amount down to $7526.12 AcCOrdinglv There are funds available as requested Dated: u There are insufficient funds aVaila~ ,.., "t.>> By Fmance DIrector Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; ur" The recipient/payee provides services within the City of Boynton Beach; ~The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and [Y"'Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpjse. ~' ..) Dated: ~- U-O & By: ~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06,doc Tnaslee Comt>anle$ theGreater \I Bethesda Memorial HMpital Comlllel<< Bank. ComploR~'[nc. BOYiiin Beach Rorida PoWPJ & Ught Co. The PIlm Beuh Povl Chamber of Commerce JMW A Architects 2008 Bolud. of DI:r<<t0r8 January 30, 2008 Chairman of the Boud J ames Guilbeault Ellie's SO's Diner 6" CAtering Commissioner Marlene Ross lmmedialle Fut Chlir City of Boynton Beach :..I: INvon Coughlan, 100 E. Boynton Beach Boulevard ~. Eile, Orrislu & Bakst, UP Boynton Beach. Florida 33435 CrTY MANAGER'S OFFICE {>irec:tonl Carole Aron>>cm Dear Marlene. RmaiSSlZr1ce Title of the Polm Beaches Bubua Dubge, The Chamber of Commerce made the Strategic Decision in 2005 to Y4Mm: Dimt move the existing Visitor Center and Administration Offices to Angela Budmo, Compson Place at the comer of Gateway and Congress Avenue. nus Capir.aJ Cmpet 6' TIleandWood location will place the Chamber in the heart of the central business Buck BuchaPAn, district for the City of Boynton Beach and Central Palm Beach The Tcmarrow ConMf'Clion County, Slu.un Cutillo, SU'l.Se1ltinel Our Chamber of Cormnerce Visitor Center will be located on the Robert D'Anse1o, first floor of Compson Place- Renaissance Conunons, 1880 North Ccmpson Associltes, Inc. Congress Avenue Suite 106. This state of the art visitor center will Tracy Diglio. house the Chamber of Commerce Infonnation Center for our TIre parm Bench Pest Membership. the City of Boynton Beach, the Greater Boynton Nancy Ernst,. Beach attractions. and Palm Beach County. We will have access BimWnited, f5B and signage visibility from Congress Avenue. The Visitor Center Susan Krieger Fox, VJ1ll be open to the General Public between the hours of 9 AM and Exit Rmlty Pilltmum Properties 4 PM each business day. The Chamber of Conunerce Conference Bill MarciU:d, Center and AdministratiVe Offices will be located on the on the Cypress Creek Cormtry GUQ second floor of 1880 North Congress Avenue in Suite 214. Our Marie Ne$he, Board of DireCtors. Executive Board of Directors and Chamber JFK Medica! Cenm- Comm1ttee meetings will be held in this Conference Center. The Tony Newbold, Conference Center will continue to be made available to City Ffodd4 Power & Ligllt cq. Rob Silio, Committees for Monthly Meetings as we do the Art's Commission GRT Ad 5nvi= which meets at our current location on Ocean Avenue. Robert B. Taylor, Jr.., Bethesda MemorW HospU~/ Marlene, we continue to service the business community in Maria Werdein, Boynton Beach and the Board feels this move will enhance our Commnn' B.:mk ability to assist the business community, as well as residents and Elliott WillillNl, ComrnurricatWn, Rtsorm:e non-residents of the area. The purpose of this letter is to ask for M~nagemenl, cD1J'. assistance from your District IV Conununity Investment Fund. JamelWilliUM, which I understand each Commissioner has discretion to apply to fMWA Arcnitt<:ts commrmity activities. In submitting our BuUding Pennits for Wyn Yelin. approval the Chamber of Conunerce paid the filing fee required of UBS Firufrrci,ll Sen~r.tS, IP1c. $2473.88. The Chamber would be grateful if you would be willing Glenn P. JergeMen, to underwrite these filing fees from your Conununity Investment Presidenl & CEO Fund. This would allow us to continue applying these monies to Cttl3ter Boynt01l &.Wl Chllmber ofCammeru improving OUT visitor experience to the Chamber of Commerce Visitor and Conference Center in the Cen~ Business iii 639 E. Ocean Ave., Ste. 108. Boynton Beach, FL 334351 (0) 561-732.950ll (F) 56l-734-4304 Web Site: www.BoyntonBeach.org I E-mail: ChambeT@BoynwnBeach.org - - theGreater II ~Beach Chamber of Commerce District. We are excited about the potential impact our new location will bring to continuing our mission of increasing business in the community and promoting the business community to the general public. In the coming months we will be approaching our members and potential new members with underwrtting opportunities for the Visitor Center to make this an experience we can all be proud of. I will make myself available at your convenience to discuss this request and share with you the eXciting plans we have for the new location. As we briefly discussed at the Housing Leadership Awards Program on Wednesday. I hope that we can count on the continued support of yourself and the City of Boynton Beach. ergensen sldent & CEO Chamber of Commerce Cc: Jim Guilbeault. Chairman 2008 Ellie's 50's Diner and Catering Kurt Bressner. CIty Manager v/ City of Boynton Beach 639 E. Ocean Ave., Ste. 108. Boynton Beacb, FL 334351 (0) 561-732-95{)] I (F) 561-734-4304 liI Web Site: www.BoynlonBeach.org I E-mail: Chamber@BoyntonBeach.org ~ 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 o December 18,2007 December 3, 2007 (Noon) r2J February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31,2007 (Noon) 0 March 18,2008 March 3,2008 (Noon) o February 5, 2008 January 14,2008 (Noon) 0 April 1,2008 March 17,2008 (Noon) C) c:> C) __I CO - ~ --1- o Announcements/Presentations 0 City Manager's Report ~ -<~ CO ~'J" NATURE OF 0 Administrative 0 New Business I ;~~ AGENDA ITEM r2J Consent Agenda 0 Legal 0"'1 ~-< .2: o Code Compliance & Legal Settlements 0 Unfinished Business ~ (/)6 Oz o Public Hearing 0 ~ ~co N -fTl RECOMMENDATION: Authorize the use of$500.00 from Commissioner Hay's Community Investment Fund f~he g~ Boynton Beach All-Star Cheerleading squad for two teams of 32 cheerleaders to help defray competition expenses. :x: EXPLANATION: Commission approval is requested for allocation of$500.00 from Commissioner Hay's Community Investment Funds to the Boynton Beach All-Star Cheerleading Squad to help defray competition expenses for two teams of32 cheerleaders to attend the NASCC National All-Star competition in Orlando, Florida March 7-9, 2008. PROGRAM IMPACT: Allocation of funds will assist the above program FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval ALTERNATIVES: ~a- - ~ Department Head's Signature City Manager's Signature Assistant to City Manager Ctvvl- Department Name C;ty A~~e S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: February 6, 2008 Requested by Mayor/Commissioner: Commissioner Hay Amount Requested: $500.00 Recipient/Payee: Boynton Beach All-Star Cheerleading Squad Description of project, program, or activity to be funded: Help defray competition expenses for two teams of 32 girls from Boynton Beach to attend the NASCC National All-Star competition in Orlando, Florida March 7-9, 2008. i. 1 . ./1 J /1 1/ Dated: _;2. / & / C 7) By: /a/hA- {A./~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $0 has been used to date by the requesting Member, leaving a balance of available funds of $1 0,000. This request would bring the available amount down to $9,500. Accordingl y: a There are funds available as requested o There are insufficient funds available as re Dated: i"/o/P By: , Part 111- Eligibility Evaluation (to be completed by City Manager) ~r The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: ~ -1\ - 0 b By: 4l-~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc . The City of Boynton Beach Recreation & Parks Department Administration 100 E. Boynton Beach Blvd, P,O, Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6553 FAX: (561) 364-4079 Email: degraffenreidtm@ci.boynton- beach,tlus www,boynton-beach,org January 15, 2008 Dear Potential Sponsor, The City of Boynton Beach All-Star Cheerleading Program began in 2004 with one team of 28 girls; and has since grown to twoJ:ea_ms~ 32 cheerleaders. The purpose and goal of the program is to teach self- confidence, integritY~esponsibility--:-aswelra;quality skills and techniques. Skills taught are used to build competitive cheerleading squads that represent the City of Boynton Beach in Local, State, Regional and the NASCC Nationals. On December 1, 2007, both teams competed and won first place in the UCA Regional's held in Orlando, /' Florida. As a result of winning, both teams qualified to compete in the NASCC National All-Star competition in Orlando, Florida March 7-9, 2008. The Boynton Beach All-Star will have the opportunity competing against girls throughout the nation. This is a prestigious honor for the City of Boynton Beach. My purpose for contacting you is to ask for a financial contribution that will allow the girls the opportunity to financially pay for the NASCC Competition. Registration for the two teams to compete in Nationals is $6,400 which covers the registration for 12 girls on the tiny team, and twenty girls who are on the senior team. Any donation given towards this endeavor will be greatly appreciated. Thank you in advance for your help. If you require additional information regarding the program, please feel free to contact me at 742-6553. Thanks in advance for your support. ( ,/./ ' . , Senior Recreation Manager '''-;o't'r-;!o!,r,; ". "-'..-: " Imd C:\PRA ? Jj \(;{;RR6~~: . ~ .... ";'~{.' /~;;.~,,- 4q "'-N:"''C~1.'y~'';-_.. ( America's Gateway to the Gulfstream JOIN UCA AND AMERICA'S MOST TALENTED ALL STAR CHEERLEADING TEAMS AT THE MARCH 7-9, 2008 AT THE CVAcrY~N~f~~~ld@ ALL TEAMS are assured to have an incredible competition os well os a great time at the world's most magical place, the WALT DISNEY WORLD@ Resort! UCA is pleased to offer a convenient and discounted travel package to all teams, family members and friends, Travel packages include the following: . Hotel accommodations on the Walt Disney World@ Resort property . A Walt Disney World@ Resort 3 or 4 Day PARK ~ HOPPER Tick" {da'" Ilmit,d {"m Maech 4 . 12. 2008! ~ . 3 days premium admission into Disney's Wide World of Sports™ Milk House . Roundtrip airport transfers from the '.';c- Orlando International Airport only ~"". . Airport greetings the NASCC stofF s Transportation to all NASCC events ' . Fee' Walt Dr,ney Wa,ld' "W' '''"'poctatiae TO anywhere on rhe Walt Disney World'" Resort property . Private Celebration Party at Disney's Animal Kingdom@ Theme Park complete wrth thrilling rides ond a OJ! i -gEE C/O(/( T#ERE/ R~~.. - VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) ~ February 19,2008 February 4,2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19, 2008 (Noon) o January 15,2008 December 31, 2007 (Noon) D March 18,2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) D Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal D Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDATION: Authorize the use of$500.00 for reimbursement of hotel accommodations to St. John Missionary Baptist Church for the Watoto Children's Choir from Commissioner Hay's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$500,OO from Commissioner Hay's Community Investment Funds to St. John Missionary Baptist Church to help defray hotel accommodations for the Watoto Children's Choir that performed at the opening of the Carolyn Sims Community Center in Boynton Beach on Saturday, 2/9108, PROGRAM IMP ACT: Allocation of funds will assist St. John in defraying cost for hotel accommodations. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval ALTERN A TIVES: Department Head's Signature ~ CIty Manager's Signature Assistant to City Manager ~ /f/Ir Department Name City Atto/ney 1 Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: February 12,2008 Requested by Mayor/Commissioner: Commissioner Hay Amount Requested: $500.00 Recipient/Payee: St. John Missionary Baptist Church Description of project, program, or activity to be funded: Allocation of funds will reim burse St. John Missionary Baptist Church for hotel expenses for the Watoto Children's Choir that performed at the opening of the Carolyn Sims Community Center in Boynton Beach on Saturday, 2/9/08. Dated: ~/; I leg By:r~ vd-l-- Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $500 has been used to date by the requesting Member, leaving a balance of available funds of $9,500. This request would bring the available amount down to $9,000. AccordinglV There are funds available as requested Dated: o There are insufficient funds avail~ ~ . ,}. . tJg By: Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; 0 The recipient/payee provides services within the City of Boynton Beach; g/ The project, program or~i~ which is being funded will occur in the City of Boynton Beach and par{IC:lpatto1iis open to all residents of the City; and ~ Proper safeguards will be implemented to assure that the public funds being appropriated will be used for tbe state20se. Dated: Q-Ia- O~ By: ~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06,doc FEB 11 2008 09: 51 FR RESIDENCE INN 561 697 3E :;3 TO 7323270 P.02/02 Residence Inn West Palm Bea(:h 2461 MetroeeDtre Blvd West Palm ~ Florida 334~ 7 Phone (561) 6874747 Fax (561)697-3633 -- 12-Feb-4:l8 Accoll.t: St. Jolla MiMioary Baptist Chllteh E~t Date: Watoto C1111c1reD's Choir Adcb'ess: 900 N. Seacnst Blvd CODtaet: Myl'll JODes Boyutou Bueb, Florida 33436 PhoDe: 313-6138 Fax: 561-732-3%70 IQaalDtity SleepiDg Boom* Price APlOIlDt I 6 ODe belh'oom& 109.00 654.00 4 Two Bedroom 149.00 596.00 SIlbtoUl: 1,250.00 Tax exempt - Total: 1,250.00 ['ij;IDtity MileellaDeoos Pritt! Amoaat I 0 - 0 . . SlIbtoCaI: - - S.1es T alii .n Tu 6.5% . - Total: - C Room R.elltal Prk:~ Amoullt I 0 . - Subtotal: - Serviee Charge 15D!. - 6.5% tax . Total: . [~_ Graad Total: 1,250.0!) Deposit: ~ Balaue Doe: 1,250.00 QieJlt Sigutare Date ** TOTAL PAGE.02 ** .. II: I . I. -I. I ,: I I . I I I 1-. '-..'_'-~,-_.".'~., > w,,,",'~.....'i..#....'M.."'..)'" ....> ..~"j. .'" "of? ~ '\............~..........'..... ,i.~_"',::J;':;_ - ___-'~: 'c,. "n., (' a ',c. -r ". " " "{ . ......,...~'.. . . ". " ,~ '. ,_,c,: ...... .,., +' '-~., ',', 0.5"1 .... ~ "" , ' '" "-',' '" ,', r:;:.- . , , .;;w,""""~ . I - I I 1- II I 1-. - - I - . t. I - I I I ~ ... ~ . II 1- .".1 · I-ill II .:. : :.... II ..... I. :.. if VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o December 18, 2007 December 3,2007 (Noon) ~ February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31,2007 (Noon) o March 18,2008 March 3, 2008 (Noon) o February 5, 2008 January 14,2008 (Noon) o April 1, 2008 March 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of November 2007, December 2007, January 2008, EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALT~~ ~~ Department Head's Signature City Manager's Signature ~~ Assistant to City Manager ~ /Fhf City Att/rney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTHS NOVEMBER 2007 TO JANUARY 2008 1. Vendor: Brush 'N Roll Painting Contractors Purchase Amount: $21,650.00 Requesting Department: F aGilities Contact Person: Paula LeBlanc Date: 11/26/07 Brief Description of Purchase: Prime, Repair and Painting of Public Works Buildings #1,# 2 #3 & #6 Source for Purchase: (3) Written Quotes Fund Source: 302-4116-580.49-17 2 Vendor: S & F Construction, Inc. Purchase Amount: $67,635.35 Requesting Department: Public Works/Engineering Contact Person: George Mantell Date: 11/26/07 Brief Description of Purchase: New Placement of Sidewalk SW 4th Ave and SW 3rd Street Source for Purchase: School District of PBC Bid Fund Source: 302-4905-580,63-24 CP0263 3 Vendor: South Florida Air Solutions, Inc. Purchase Amount: $11,744.00 Requesting Department: Public Works Contact Person: Paula LeBlanc , Date: 12/3/07 i Brief Description of Purchase: PW#2 Air Condtioner Replacement - Solid Waste, Streets, Facilities provid and install a new Trane 3,5 Ton System Source for Purchase: (3) Written Quotes Fund Source: 302-4116-580.64-18 CP0826 4 Vendor: Electric Motors of Palm Beach Purchase Amount: $14,110.00 Requesting Department: Utilities Contact Person: Barbara Conboy Date: 12/11/07 Brief Description of Purchase: Replacement for High Service Pump NO.2 at the WWTP; Motor failed and is beyond repair Source for Purchase: 3 Quotes Fund Source: 401-2811-536-52-75 5 Vendor: CFM Air Conditioning, Inc. Purchase Amount: $10,735,00 Requesting Department: Public Works Contact Person: Paula LeBlanc Date: 12/11/07 Brief Description of Purchase: City Hall _ Replace piping on Cooling Tower Sumps Provide & Install All New Schedule 80 PVC Piping From the cooling tower Sump connection to condenser water pump suction Source for Purchase: 3 Written Quotes Fund Source: 302-4101-580,62-01 CP0812 1 of 4 16 Vendor: Fisher Scientific, Inc. Purchase Amount: $44,104.20 Requesting Department: Fire Rescue Contact Person: Fire Admin, Date: 1/3/08 drief Description of Purchase: Turn out Gear Source for Purchase: State Contract 490-000-07-01 Fund Source: 001-2210-522,64-06 7 Vendor: Driveway Maintenance, Inc. Purchase Amount: $26,123.50 Requesting Department: Public Works/Engineering Contact Person: George Mantell Date: 1/3/08 Brief Description of Purchase: Sealcoat & Striping of Boat Club Park Parking. Sealcoat & Restripe Main Entrance Driveway From US1 to the Stop Bar Source for Purchase: Piggy-Back FAU RFP 05A-451 Fund Source: 302-4108-580.49-17 CP0710 8 Vendor: CFM Air Conditioning, Inc. Purchase Amount: $29,365,00 Requesting Department: Facilities Contact Person: Paula LeBlanc Date: 12/3/07 Brief Description of Purchase: Hester Center HVAC small units - Replacement of 3 package units at Hester Park Source for Purchase: (3) Written Quotes Fund Source: 302-4289-580-63-10 9 Vendor: Power Plus Marine, Inc. Purchase Amount: $14,361.00 Requesting Department: Police Contact Person: Sarah Byers Date: 12/3/07 Brief Description of Purchase: Repower Marine 2 - Mercury engine mounted on the Marine 2 inflatable vessel to be upgraded to a newer and more efficient engine. Source for Purchase: State Contract pricing Fund Source: 001-2110-521-64-02 120-440-01-1 GS07f1452 10 Vendor: Martin Fence Company Purchase Amount: $22,330.00 Requesting Department: Utilities Admin. Contact Person: Mark Babich Date: 12/3/2007 Brief Description of Purchase: Three Gate Operators for the two Rolling Gates for the EWTP to be replaced with Hysecurity SD1 0 slide drivers Source for Purchase: 3 written quotes Fund Source: 403-5000-590-96.02 WTR Perimeter Protection 20f4 11 Vendor: Classic Cevrolet Purchase Amount: $74,039.46 \ Requesting Department: Public Works/Fleet Contact Person: Steve Weiser Date: 1/9/08 Brief Description of Purchase: Three (3) 2008 Chevy Impalas with Police Packages for patrol Untis Source for Purchase: Piggy Back Sheriff's Bid 07-15-082/ Fund Source: 501-2516-519.64-33 12 Vendor: Maroone Chevrolet Pembroke Purchase Amount: $34,014,00 Requesting Department: Public Works/Fleet Contact Person: Steve Weiser Date: 1/9/08 Brief Description of Purchase: One (1) Black Chevy 3500 Dual Rear Wheel pick up - Regular cab with tow package & other options Source for Purchase: Piggy Back Sheriff's Bid Fund Source: 501-2516-519,64-33 07-15-0827 13 Vendor: Dell Marketing LP Purchase Amount: $12,589,74 Requesting Department: Development Contact Person: Indra Sweeney Date: 1/22/08 Brief Description of Purchase: (9) Dell Latitude ATG 0620 Notebook Includes carrying Case and car adapters Source for Purchase: State Contract 250-000-01-01 Fund Source: 001-2411-524.64-15 14 Vendor: More Direct Purchase Amount: $39,893.7fi Requesting Department: Police Contact Person: Sarah Byers Date: 1/25/08 Brief Description of Purchase: (25) Think pad T61 CVORE with 3 yr protection and additional megabytes Source for Purchase: State Contract 250-000-01-1 Fund Source: 302-4905-580.63-24 CP0263 15 Vendor: Queues Enforth Development, Inc. Purchase Amount: $37,000,00 Requesting Department: Police Contact Person: Sarah Byers Date: 1/30/08 Brief Description of Purchase: (1) Integrated Cad Mapper Inc. Server Software Source for Purchase: Sole Source Fund Source: 691-5000-590.01-27 3 of 4 16 Vendor: Mid Range Support & Service, Inc, Purchase Amount: $26.368.87 R.equesting Department: ITS Contact Person: Cathy McDeavitt Date: 1/30/08 Brief Description of Purchase: IBM Hardware Maintenance for I series for the city's enterprise application system failure to provide will expose the I series to harmful virus and lack of upgrade path to new operation system releases Source for Purchase: Sole Source HTE Fund Source: 001-1510-513-46-22 17 Vendor: Container Systems & Equipment Purchase Amount: $153,4 76.00 Requesting Department: Fleet Contact Person: Larry Quinn Date: 1/30/08 Brief Description of Purchase: Street Sweeper Must be on GMC Chassis Source for Purchase: Sheriffs Contract 07-15-0827 Fund Source: 501-2516-51-,64-33 18 Vendor: ADT Security Services, Inc. Purchase Amount: $27,980.00 Requesting Department: Recreation & Parks Contact Person: Mary DeGraffenreidt Date: 1/25/08 Brief Description of Purchase: Security Camera system for Wilson Park C:;ource for Purchase: State Contract 6803211 Fund Source: 302-4113-580,62-01 1~ Vendor: Bentley Prince Street Purchase Amount: $17,769.24 Requesting Department: Contact Person: Paula LeBlanc Date: 1/25/08 Brief Description of Purchase: Replace Flooring - fire Station #3 Gym Floor and VCT materials carpet, Replace flooring - West Wing First Floorw/carpet Source for Purchase: State Contract 360-240-06-1 Fund Source: 302-4101-580.62-01 20 Vendor: Tropic Fence, Inc. Purchase Amount: $44,309.65 Requesting Department: Parks & Recreation Contact Person: Jody Rivers Date: 1/29/08 Brief Description of Purchase: Vinyl coated Fencing for Wilson Park, Lift Station Source for Purchase: Piggy-Back PBC Bid 05-211/MM Fund Source: 302-4113-580-62,01 401-2816-536-46.51 40f4 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 18, 2007 December 3, 2007 (Noon) ~ February 19,2008 February 4,2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19, 2008 (Noon) o January 15, 2008 December 31,2007 (Noon) o March 18, 2008 March 3,2008 (Noon) o February 5, 2008 January 14,2008 (Noon) o April 1, 2008 March 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business ~ Public Hearing 0 RECOMMENDATION: Please place this request on the February 19, 2008 City Commission Agenda under CJ Public Hearing. The Planning and Development Board on January 22,2008, recommended that the request be ap~ve~~ For further details pertaining to this request, see attached Department Memorandum No. 07-116. '- :j-< );lo. ., a Z (:, -., N --en W :""'1 a ';;'~:J ;>" EXPLANATION: ~ ~~ ;;: PROJECT: The Learning Place (SPTE 08-001) ::::Jt: U} --l - ':::'I ~ AGENT: Scott and Cathy Freeland - ""rJ~ .. ""rJen OWNERS: Scott and Cathy Freeland Co..) c=;fTl LOCATION: 8518 Lawrence Road, immediately south of Citrus Grove Elementary School a1rd thtfT1~ LWDD L-21 Canal :r DESCRIPTION: Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18,2005 for a 7,800 square foot day care center, thereby extending approval from October 18, 2007 to October 18,2008. PROGRAM IMP ACT: FISCAL IMPACT: u~ ALTERNATIVES: City Manager's Signature Assistant to City Manager ~ Planning and Zoning 'ctor City Attorney / Finance S:\Planning\SHARED\ WP\PROJECTS arning Depot - Learning Place II\Learning Place II\SPTE 08-001 \Agenda Item Request Learning Place SPTE 08- 0012-19-08,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-116 TO: Chair and Members Planning and ~eveJ!7nt Board THRU: Michael RumPf1J) Director of Plannlhg and Zoning FROM: Kathleen Zeitler }Lz Planner DATE: January 14, 2008 PROJECT: The Learning Place II (SPTE 08-001) REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owners: Scott and Cathy Freeland Applicant I Agent: Scott and Cathy Freeland Location: 8518 Lawrence Road (see Location Map - Exhibit "A'') Existing Land Use: Low Density Residential (LDR) Existing Zoning: Single-family Residential (R-1-AAB) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: 7,800 square foot Day Care Center Acreage: 0.839 acre (36,588 square feet) Adjacent Uses: North: Right-of-way for Lake Worth Drainage District (LWDD) Canal L-21, then farther north is a developed school (Citrus Cove Elementary School), classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-1- AA); South: Developed property classified Low-density Residential (LDR) and zoned Single- family Residential (R-1-AAB); East: Right-of-way for Lawrence Lake Drive, then farther east are developed lots for single-family homes (Lawrence Lakes Estates) classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); and Page 2 Memorandum No. PZ 07-116 The Learning Place II (SPTE 08-001) West: Right-of-way for Lawrence Road, then developed single-family homes (Sausalito) classified Moderate Density Residential (MoOR) and zoned Planned Unit Development (PUD). BACKGROUND Scott and Cathy Freeland (property owners) are requesting a one (1) year site plan time extension for The Learning Place II new site plan and conditional use Development Order (COUS 04-006), which was approved by the City Commission on October 18, 2005. At the time of site plan approval the regulations allowed a total of one (1) year to secure a building permit following site plan approval; however, the regulations have since been revised to allow an initial 18-month period to secure a building permit. A site plan time extension (SPTE 07-001) for this project was approved on February 13, 2007, which extended site plan approval for one (1) year, from October 18, 2006 to October 18, 2007. If this request for an additional extension were approved, the expiration date would be extended to October 18, 2008. The subject property is a vacant, undeveloped lot located on the east side of Lawrence Road approximately 1,100 feet north of Gateway Boulevard (see Exhibit "A"). According to the staff report for the approved site plan and conditional use (COUS 04-006), the proposed Learning Place II was approved for a 7,800 square foot day care center on a 0.839-acre parcel in the R-1-AAB zoning district (see Exhibit "B''). The proposed nonresidential use is a conditional use in the R-1-AAB residential zoning district. Staff reviewed and evaluated the project according to the standards for conditional uses, and reviewed the site plan for compliance with the Land Development Regulations. The project was approved subject to 41 original conditions of approval. The project has been approved for the following: a new site plan and conditional use approval (COUS 04-006); and a site plan time extension (SPTE 07-001). ANALYSIS According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have eighteen (18) months to secure a building permit from the Development Department", however at the time the site plan was approved, only one (1) year was allowed to secure a building permit. According to Chapter 2, Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. A condition of site plan approval requires a period of one (1) year be allowed to obtain a building permit for the project. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Land Development 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 request for time extension on October 2, 2007, a total of two weeks prior the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "B''), the applicants explain that their design team needs additional time to revise construction drawings to address the conditions of approval, and to submit the plans for building permits. The applicants' justification states there also were delays due to various meetings and plan revisions necessary for Florida Department of Health approval. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division reviewed the project traffic statement during the new site plan approval process, but withheld approval of the project for traffic concurrency until additional information was supplied by the applicant. The Traffic Division's response to the submitted traffic statement required a revised traffic study prepared by a registered engineer in conjunction with the requirements of the Page 3 Memorandum No. PZ 07-116 The Learning Place II (SPTE 08-001) Traffic Performance Standards, and a build-out date. A traffic concurrency determination, although discussed in the staff report in detail, was not included as an original condition of site plan/conditional use approval. Therefore, staff recommended a condition of approval for the previous site plan time extension that required traffic concurrency approval, including a project build out date, prior to the issuance of a building permit for the project. The site plan time extension would still be subject to conditions of approval from all previous applications. Lastly, no new land development regulations are now in place which staff recommends should be applied to the subject project. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060. SUMMARY I RECOMMENDATION Staff recommends approval of this request for one (1) year time extension of the new site plan/conditional use (COUS 04-006) for The Learning Place II project. If this request for extension were approved, the expiration of this site plan would be extended to October 18, 2008, and all outstanding conditions of approval from the new site plan/conditional use and previous site plan time extension must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"). S:\Planning\SHARED\WP\PROJECTS\Leaming Place H\SPTE 08-001 \Staff Report.doc I Exhibit --A" - The Learning Place Location Map R1AA Single-family Residential NOT IN CITY FLORACDR II. IIIIIL . GATEWAY BLVD . . . 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W U woCn fJ' en Ol: :> I.!) :r;ccn <: 0 :z: Cl 1-1- a: ac: ::z: - - _ "I' ~ a.. ~ <: ~._ V') :z:. ex:::J: 0( 1-...... en <: %z:r. z z cwo.. N ~o~ u f Ii! 'f! -' ~ ~ - ;;;;;;~~.t; ~ w w ~ ~ <: ~_<nQ 2 ~ ~ ~ ~ ~ u ~ ~~~~~~ . Ut- :J:;J ~ 0 t- I- IX < - c I ~ 0 ln~ 0 0 lL N z: r;n V'I V'Io <: 0... -J L :z: - N~"'" ~ ~ tn . ~ z oM J:Z 0 0 -. o;'J ~).,. .... ~ ~~- ~ 5 g ~ ~ U) ... '::5 ~ ~ 0 => ~ t3 tZ a:zoOZ<1- <-<IClW a... 0 a... 1: a::: :z --,-,---.~------~ EXHIBIT B 50~" 1'1....Ctl l-b'.,," :~ 'jdf tI ~ '- -i m I [1l <. 1 1i !' ; " I \J ~'J:. 1- .tf ~i mil F~ t " ~ II ,- e_ .I I T 1; II "I! N J : I .It' ! f) - ~ i ~:~tJ. F ;c AI I a f ,'11 ' -\ I I l ~Dl' I ~. '!>/' '~~j ~ 1 Ii: ': 8' _4 t b :,1 m r'" i ~f ~If~ r t_ ~'i i~ 1- {;f % : l- f f oJ: u , :, s:' if ~ t 'i "' . " ~ l ' ;r~ e ' J .. . "A~ ~ tl. ' .. ~~ I ' ".~ t i 1\ !l ; i l: ~ ; '" e.- <> '. ~ ~ Jl!' 6: . ... ~ 1'(" ... J; ~_ =ll ...( ~ I' ~~ 6"- H7 ... . .... ".L -~ ~~ ] I .. .. " ... ~- ... ~t ~ ~t';r~' t . . A. Le............'hl.... ~~___': .- ,_. ...., 7Mo77", TURQUOISE, Inc. H . """THe-'\:;a-';'~I~"~~:1'l:'-'"-~.: ':', " or; '. '~ D~ ~., "' i :.- di''"' ~~=:-~~.. ... "P' - -_"..-"'t..~~.~C! . .-.... ..... *' '1. ~ -~...........-~ "''''MTf>''\ 1'JeA~~. e....~~ _ __ ...~ . ....h EXHIBIT "C" October 11, 2007 Ed Breeze Planning and Zoning Department City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: The Learning Center II Dear Ed: Our Design T earn. has been working on the comments that were conditions of approval and proceeding with revisions necessary to the plans to submit for a building permit for this project. 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 year to allow for the securing of Building Permits for this project. Some economic considerations were the concern for the first extension and those considerations have now all been addressed and we are now ready to proceed. Meetings have taken place with the Health Department for they're required approval prior to submission to The City for Building Permits. Some revisions and additions to the plans were required and have since been submitted to them for approval. Some contact has been made with SFWMD concerning the vegetation on the North side of the project on they're right of way. Some of this needs to be cleared for vision triangle at the exit from this project. Weare seeking permission from them to clear vegetation on they're property. Enclosed is our check for $750.00. Please advise me if any boards need to hear this extension so I may be present if necessary. Thank you for your consideration h~'F~ Kathy Freeland, Owner EXHIBIT "D" Conditions of Approval Project name: The Learning Place II File number: SPTE 08-001 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 PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST 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 2 I DEPARTMENTS I INCLUDE I REJECT I 2. Prior to the issuance of a building permit, provide a traffic analysis and notice X of concurrency approval (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS ! Comments: I None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: ------- To be determined. S:\Planning\SHARED\ WP\PROJECTS\Leaming Place JI\SPTE 08-001 \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Learning Place II APPLICANT'S AGENT: Scott and Cathy Freeland APPLICANT'S ADDRESS: 10855 Canyon Bay Drive, Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2008 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until October 18, 2008, for construction of a 7,800 square foot day care center on a 0.84-acre parcel in the R-l-AAB zoning district. LOCATION OF PROPERTY: 8518 Lawrence Road (east side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard). 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 "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\Learning Place II\SPTE 08-001\DO.doc Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 There were no comments from the applicant, the public or the board. Motion Mr. Barnes moved to approve as presented and with all staff comments. Ms. Grcevic seconded the motion that unanimously passed B. The Learning Place Site Plan Time Extension 1. PROJECT: The Learning Place (SPTE 08-001) AGENT: Scott and Cathy Freeland OWNER: Scott and Cathy Freeland LOCATION: 8518 Lawrence Road; immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal DESCRIPTION: Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18,2005 for a 7,800 square foot day care center, thereby extending approval from October 18, 2007 to October 18, 2008. Kathleen Zeitler, Planner, explained the project was approved by the City Commission on October 18, 2005. The applicants needed more time to revise construction drawings to address conditions of approval and the Florida Department of Health for conditions for a daycare. An extension was approved on February 13, 2007, which extended the site plan approval to October 18, 2008. The applicants would also have to obtain a renewed traffic concurrency approval including a new project site build-out date, prior to the issuance of a permit for the project. The applicants have satisfied the condition for concurrency to build out through 2009. Staff recommended approval subject to the original 41 conditions of site plan approval being included. Dave Beasley, 2385 SW 13th Terrace, the applicant, was present. He reported they were very close to commencing construction, They made some mechanical revisions and modified the building footprint. They would be submitting for a minor setback modification and anticipated submitting for a permit within the next 60 days. They were looking forward to commencing the project. Motion Mr. Saberson moved to approve the staff recommendation including the 41 conditions of approval included with the original approval continuing to apply. Ms. Grcevic seconded the motion that unanimously passed. 4 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 Chair Jaskiewicz explained she did not introduce the members of the board. She explained the City was very fortunate to have talented and diverse individuals serving on the board who were interested in a positive approach to the development and redevelopment of the City. Chair Jaskiewicz introduced the members of the board. She welcomed new board members Steve Myott, Candace Killian and Matthew Barnes. C. Hotel/ Motels in PID Code Review 1. PROJECT: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) AGENT: City-initiated DESCRIPTION: Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7, H.4., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. Mr. Breese explained this was a staff generated Code amendment in the Planned Industrial District. It was the only category in which hotel/motels were regulated through a density requirement. He explained, typically, density was associated with dwelling units in residential zoning districts. Hotels/motels were not considered dwelling units, rather they were considered as transient lodging, and they are usually associated with commercial type uses. This change would eliminate that density regulation within the Planned Industrial District and give equal treatment in all allowed zoning districts. The Quantum Park Planned Industrial District was the only district in the City that recognized hotels/motels as an allowable use within its Permitted Uses Table. The Quantum Park DRI limited the number of hotel/motel units to 400 within its development, which was a better way to regulate that type of use, rather than through density. Staff proposed that any reference to density within the PID relative to hotels/motels be stricken from the Code. Ms. Jaskiewicz asked if any density regulations apply to the other districts. Mr. Breese responded they did not, only the PID District. Motion Mr. Myott moved to approve. Mr. Saberson seconded the motion that unanimously passed. 5 VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORl\tl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December IS, 2007 December 3, 2007 (Noon) ~ February 19, 200S February 4, 200S (Noon) 0 January 2, 200S December 17,2007 (Noon) o March 4, 200S February 19, 200S (Noon) o January 15, 200S December 31, 2007 (Noon) o March IS, 200S March 3, 200S (Noon) 0 February 5, 200S January 14, 200S (Noon) o April I, 200S March 17, 200S (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative D New Business AGENDA ITEM 0 Consent Agenda D Legal 0 Code Compliance & Legal Settlements D UnfInished Business ~ Public Hearing D RECOMMENDATION: Please place this request on the February 19, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on January 22,2008, recommended that the request be approved, For further details pertaining to this request, see attached Department Memorandum No. 07-135, n 0 0-; 0,) =i-< c.... -<0 > ':-:l ""T1 Z N --co EXPLANATION: illD w ?::?-( PROJECT: Heatherlake at the Meadows (MPMD 08-001) .....~... "tII'" .- AGENT: Alex Gonzalez / Heatherlake Home Owners Association ;:::.. ::"/1- ----{ ::!l: 0 OWNERS: NM _ (:1z - ., LOCATION: Meadows P.U.D; east side of Meadows Boulevard, west of Congress Avenue" ...,,~ DESCRIPTION: Request for master plan modification of the Heatherlake at the Meadows p,ust to ~e the rear yard setback from twelve (12) feet to four (4) feet for construction of screenedi roof enclosures, and to reduce rear yard setback for pools from twelve (12) feet to six (6) feet, for lake front lots, PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: I J4~~" Assistant to City Manager U1V Plannmg and Zonin ctor City Attorney / Finance S :\Planning\SHARED\ WP\PROJECTS eadows 300\MPMD OS-OOI Heatherlake\Agenda Item Request Heatherlake @Meadows MPMD OS-OOI 2-19- OS,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-135 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael W. Rump;M~ Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: December 21, 2007 PROJECT NAME/NO: Heatherlake at the Meadows (MPMD 08-001) REQUEST: Master Plan Modification of the Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and rear yard setback for pools from twelve (12) feet to six (6) feet, for "Lake Front" lots. PROJECT DESCRIPTION Applicant: Heatherlake at the Meadows Homeowners Association, Inc. Location: Meadows P.U.D.; east side of Meadows Boulevard, west of Congress Avenue (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: Auxiliary structures to be accomodated by rear setback amendment Acreage: 16.8 Acres Adjacent Uses: North: Right-of-way for Meadows Boulevard, and farther north Meadows on the Green multi-family residential (Meadows P.U.D.), classified Low Density Residential (LDR) and zoned PUD; South: Right-of-way of LWDD L-19 Canal, and farther south Meadow Lake single-family residential (Meadows P.U.D.), classified Low Density Residential (LOR) and zoned PUD; East: Lake Shore Single-family residential (Meadows P.U.D.), classified Low Density Residential (LOR) and zoned PUD; and Staff Report Memorandum No PZ 07-135 Page 2 West: Right-of-way for Meadows Boulevard, farther west a vacant park tract, then farther west single-family residential (Nautica Sound P.U.D.), classified Low Density Residential (LDR) and zoned PUD. BACKGROUND The Heatherlake at the Meadows Homeowners Association is requesting that the Master Plan be modified to reduce the minimum rear yard setback for screened roof enclosures and pools for those lake front lots, as described within the attached letter of request (see Exhibit "C"). More specifically, the request is to reduce the rear yard setback for screened roof enclosures from the current regulation of twelve (12) feet to four (4) feet, and reduce the rear yard setback for pools from from twelve (12) feet to six (6) feet. The subject plat is a single-family detached residential development, comprised of 75 lots on 16.8 acres. Heatherlake is located within the Meadows P.U.D., on the east side of Meadows Boulevard, west of Congress Avenue (see Exhibit "A" - Location Map). All 75 lots within Heatherlake are developed. Typical lots are dimensioned 55 feet in width by 100 to 110 feet in depth. The P.U.D. contains four (4) types of lots: "Lake Front", "Canal Front", "Meadow Boulevard" and "Interior" lots. The master plan graphic details indicate the required rear yard building setbacks are as follows: 15 feet for "Lake Front" and "Canal Front" lots and 25 feet for "Meadow Boulevard" and "Interior" lots, while swimming pools and enclosures may have a 12 foot rear setback. This 12 foot setback corresponds with a platted 12 foot utility easement on the "Lake Front" lots. The applicant states that the utility companies have indicated there are no utilities within this easement, as all utilities are located either within the streets or front of the property. Copies of these utility responses were provided to staff at the pre-application meeting by the property owner currently seeking to construct a pool on a "Lake Front" lot. Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments (P.U.D) 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 enclosures and pools. The HOA is seeking added flexibility in locating pools in the back yards of "Lake Front" lots by requesting a six (6) foot reduction in the required rear yard setback for pools, from twelve (12) feet to six (6) feet. Also, as a result of their request, the rear setback for screened roof enclosures would be reduced from twelve (12) feet to four (4) feet to accommodate the screened roof enclosure of a pool. This modification would resolve the conflict existing on the master plan caused by the allowance of the identical setback for pools and screened roof enclosures. Approval of the submittal from the Homeowners Association, would allow the owners of "Lake Front" lots more options in the installation of these type of improvements. 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. and comparing it with similar planned residential developments that exist throughout the city. A review of the setback regulations in nearby developments, Lawrence Oaks, Foster's Mill and Citrus Park reveals PUD regulations which allow pools to be constructed between 3 Staff Report Memorandum No PZ 07-135 Page 3 and 8 feet from the rear property line and screened roof enclosures between 3 and 6 feet from the rear property line. This review indicates that the proposed request is relatively consistent with setbacks in nearby developments. Additionally, the modification request of rear setbacks is off-set by the fact that the subject lots all back up to the large lake within the subdivision. As a condition of approval, any resident on a "Lake Front" lot wishing to locate a pool in conformance with this modification will be required to submit utility releases from each utility entity, authorizing the construction of these improvements in the easement, at time of permit application. After reviewing the setback regulations within other P.U.D. developments and taking into accountthe fact that all of the rear yards involved in this request abut the lake, staff finds the request to be reasonable and would neither be injurious to the area nor detrimental to the public welfare. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non-substantial, and approved subject to the comments included in Exhibit "0" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Heatherlake MPMD 08-001 \Staff Report.doc " /<~ / ,",,~ ' , ~~"V"' '\; ~ ~"C ........-.....,.- -.,.-. __. u_._ - - - - - . . . A ., ., ., ., . 'c.~'~.": E"'X...:c'Hl\"B':";l""F' ".,.~......, .c, ;. Wj.l. "'. ' ..,... . .,or,. >' , ~ .' '" ,. .... ", c . " '" ,'. """', ,", . ,'." " ' '" Q ~ . ~~ <t . / / / / 11 ~_ /' ('\/ ; ~~< ~'7 ~'~ ;:'- <<, /' / : "I . ~/ t~ ~/ .ji .'~/ ! / ...,.,' ;.". / '.. ' ., .. / '... / .:~ / Pi GJ ',: ~! .' . ':~ / ~~\~,iil "., ,::', ,'. q/:'!: ~-,~, 'to ,"lIiij1; l!s ~ / ~. .~'.~ ~/ ~ c:i ~.,. I ; . ';' <I) / t--...:::i / > ,..... 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FAX 561-750-0071 LIGHTING THE WAY WITH PROFESSIONAL MANAGEMENT November 8, 2007 To: Boynton Beach Planning & Zoning Dept. From: Sue Daniels, Manager The 300 Property Owners Association, Inc. Re: Heatherlake at the Meadows variance Dear Boynton Beach Planning & Zoning Dept.; I am writing on behalf of The 300 Property Owners Association at The Meadows in regards to the variance requested by Alex Gonzalez of 58 Heather Cove Dr., Boynton Beach, FL, 33436 for the installation of his pool. It is understood by the 300 P.O.A. Board that the Planning & Zoning Dept. wishes to create a blanket variance for the lakeside only owners of Heatherlake. The 300 Board will approve this as long as the wording on the plat note reads asfollows: "On lake front lots, pools may be constructed six (6) feet from the rear property line, and screen roof pool enclosures four (4) feet from the rear property line, provided easement release forms from ALL utilites and approval from The 300 P.O.A. Architectural Control Committee are submitted with the permit application." Thank you for your cooperation in this matter. Please contact me if you have any questions regarding this request. Sincerely, { ~~ " Sue Daniels, Manager On Behalf of the Board, The 300 Property Owners Association, Inc. cc: Board File Lake,shorelHeatherlake c/o G.R.S. Management, 3900 Woodlake Blvd., Ste, 309, Lake Worth, FL 33461 ~;icu2i[.d. i;=iondE.d and il/n.LLEl! EXHIBIT "D" Conditions of Approval Project name: Heatherlake @ The Meadows File number: MPMD 08-00 I Reference: 1st review plans identified as a Master Plan Modification with a November 9,2007 Planning & Zoning date stamp marking. 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 Conditions of Approval 2 I DEPARTMENTS I INCLUDE REJECT I I Comments PLANNING AND ZONING I I 1. At time of permit, owner/ applicant of a Lake Pront lot shall submit utility X release forms from each utility entity, authorizing the construction of these improvements in the easement. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I \ I S:\Planning\SHARED\WP\PROJECTS\Meadows 300\MPMD 08-001 Heatherlake\COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Heatherlake at the Meadows APPLICANT'S AGENT: Alex Gonzalez / Heataherlake Home Owners Association APPLICANT'S ADDRESS: 58 Heather Cove Drive, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2008 TYPE OF RELIEF SOUGHT: Request for master plan modification of the Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear setback for pools for twelve (12) feet to six (6) feet, for lake front lots. LOCATION OF PROPERTY: Meadows P.U.D; east side of Meadows Boulevard, west of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J :\SHRDA T A \Planning\SHARED\WP\FORMS\Blanks forms folder\Develop, Order Form-2001-Revised .doc Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 requirements of the City; the colors were modified, and the text was modified based on the City Commission and the Planning Staff comments 7. Old Business None. 8. New Business A. Heatherlake at the Meadows Master Plan Modification 1. PROJECT: Heatherlake at the Meadows (MPMD 08-001) AGENT: Alex Gonzalez I Heatherlake Home Owners Association OWNER: N/A LOCATION: Meadows P.U.D; east side of Meadows Boulevard, west of Congress Avenue DESCRIPTION: Request for master plan modification ofthe Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear yard setback for pools from twelve (12) feet to six (6) feet, for lake front lots. Ed Breese, Principal Planner, explained the Homeowners Association was looking to modify the master plan and wanted to reduce the minimum rear yard setbacks on the lakefront lots. There were 18 lakefront lots that would be impacted and the change would apply to those lots for pools and screened roof enclosures. The setbacks were reduced from 12 feet to 6 feet for pools and down to 4 feet for the screen enclosures, The Planned Unit Development consisted of 75 lots on 16 acres with the lots being 55' by 100' -110' feet in depth. There were four types of lots which were lakefront lots, canal lots, the Meadows Boulevard lots and then the interior lots. Mr. Breese explained the current setbacks coincided with the utility easements that were along the lakefront lots. The utilities were in the road or in the easements in the front of the lots. Accordingly, that was why they were asking for the reduction that would allow structures to encroach into the rear yard setbacks. Staff was recommending approval of the setbacks for these lots but with the condition that each applicant who comes forward to construct enclosures in the easement must obtain sign offs from Utilities. When the applicant submits for a permit, it must be indicated there are no issues with that. Mr. Breese explained this was consistent with other lots they have approved in the past. Citrus Park, Fosters Mill and Lawrence Oaks have similar or less rear yard setbacks to accommodate those types of improvements. 3 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22. 2008 There were no comments from the applicant, the public or the board. Motion Mr. Barnes moved to approve as presented and with all staff comments. Ms. Grcevic seconded the motion that unanimously passed B. The Learning Place Site Plan Time Extension 1. PROJECT: The Learning Place (SPTE 08-001) AGENT: Scott and Cathy Freeland OWNER: Scott and Cathy Freeland LOCATION: 8518 Lawrence Road; immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal DESCRIPTION: Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18,2005 for a 7,800 square foot day care center, thereby extending approval from October 18. 2007 to October 18, 2008. Kathleen Zeitler, Planner, explained the project was approved by the City Commission on October 18, 2005. The applicants needed more time to revise construction drawings to address conditions of approval and the Florida Department of Health for conditions for a daycare. An extension was approved on February 13, 2007, which extended the site plan approval to October 18, 2008. The applicants would also have to obtain a renewed traffic concurrency approval including a new project site build-out date, prior to the issuance of a permit for the project. The applicants have satisfied the condition for concurrency to build out through 2009. Staff recommended approval subject to the original 41 conditions of site plan approval being included. Dave Beasley, 2385 SW 13th Terrace, the applicant, was present. He reported they were very close to commencing construction. They made some mechanical revisions and modified the building footprint. They would be submitting for a minor setback modification and anticipated submitting for a permit within the next 60 days. They were looking forward to commencing the project. Motion Mr. Saberson moved to approve the staff recommendation including the 41 conditions of approval included with the original approval continuing to apply. Ms. Grcevic seconded the motion that unanimously passed. 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 o December 18, 2007 December 3, 2007 (Noon) ~ February 19, 2008 February 4, 2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15, 2008 December 31,2007 (Noon) o March 18,2008 March 3, 2008 (Noon) o February 5, 2008 January 14, 2008 (Noon) o April 1 , 2008 March 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 i\dtrrirristrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Un[mished Business ~ Public Hearing 0 RECOMMENDATION: Please place this request on the February 19,2008 City Commission i\genda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on January 22, 2008, recommended that the request be approved, For further details pertaining to this request, see attached Dept. Memorandum No. PZ 08-001. EXPLANATION: Staff proposes minor amendments to the City's Workforce Housing Program (WHP). The proposed amendments would extend applicability of the program to development applications for land use and/or zoning categories involving densities in excess of 10 units per acre (formerly 20 dus/acre threshold). Staff is also proposing that the WHP requirements be no 10nger applicable to previously exempt projects (those approved prior to adoption of the WHP) that are subject of a site plan time extension. Requests for major site plan modifications to such exempt projects would continue to be subject to the program requirements, but the requirements would only apply to projects involving increases in dwelling units (furthermore, requirements would only apply to the additional units being proposed). The proposed amendments would also allow the applicant, with the appropriate justification, to forgo the "proportionality" requirement thereby allowing greater flexibility in the types of units (i.e. rent vs. own, number of bedrooms, etc,) provided as workforce units. Finally, for applications involving a major modification of an existing development, only the additional units would be used for determining required unit mix as required by the "proportionality" provision. PROJECT: Amendment to Workforce Housing Ordinance (CDRV 08-001) AGENT: City-initiated DESCRIPTION: Request to amend Chapter 20. Building, Housing and Construction Regulations, Article X, Sec. 3 & Sec, 4, clarifying applicability conditions and unit type requirements. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ~ ALTERNATIVES: approve subject amendment. City Manager's Signature Assistant to City Manager ~ L '~ g () ~~ City Attorney / Finance Planning and Zo' irector S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 08-001 Workforce Housing Ordinance\Agenda Request Amendmt to Workforce Housing CDRV 08-001 2-19-08,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 20, BUILDING, 5 HOUSING AND CONSTRUCTION REGULATIONS, AS 6 CONT AINED IN THE LAND DEVELOPMENT 7 REGULATIONS, BY AMENDING SECTIONS 3, 4, AND 8 8, OF THE WORKFORCE HOUSING PROGRAM, TO 9 CLARIFY APPLICABILITY CONDITIONS AND UNIT 10 TYPE REQUIREMENTS; PROVIDING FOR I] CONFLICTS, SEVERABILITY, CODIFICATION AND 12 AN EFFECTIVE DATE. ] 3 14 WHEREAS, the City Commission approved a Workforce Housing Ordinance. ] 5 Ordinance No.: 07-007 on March 20, 2007. to address the workforce housing shortage: and ]6 WHEREAS, the Metropolitan Center of the Florida International University J7 conducted a Boynton Beach Housing Needs Assessment Study which showed, in 2007. that J 8 the need to address the workforce housing shortage in the City of Boynton Beach has become ]9 urgent; and 20 WHEREAS, at the time of the adoption of Ordinance 07-007, the residential real 2] estate market in Palm Beach County had already been in a downturn for over two years. with 22 housing prices steadily falling after their peak in November 2005; and J~ WHEREAS, subsequent to the adoption of Ordinance 07-007, the housing market ~.) 24 slump deepened considerably and will likely persist through 2008, with a possible further 25 ecline in prices; and 26 WHEREAS, the City.s staff is of the opinion that, under the current economic 27 ircumstances, imposing additional and potentially significant costs on development could 28 ave an overall negative impact on the recovery of the real estate sector in the City: and 29 WHEREAS, the City Commission. upon recommendation of the City.s staff: deems Page I ofS , ' 1 it appropriate and in the best interests of the citizens and residents of the City of Boynton 2 Beach, to amend the Land Development Regulations of the City of Boynton Beach amending 3 applicability conditions and certain requirements pertaining to the provision of workforce 4 housing units under the City's Workforce Housing Program. 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing whereas clauses are true and correct and incorporated 8 herein by this reference. 9 Section 2. Chapter 20, Building, Housing and Construction Regulations, of the 10 Land Development Regulations of the City of Boynton Beach Code of Ordinances, Article X, 11 Workforce Housing Program, Section 3, "Applicability, is hereby amended by adding the 12 words and figures in underlined type and by deleting the words and figures in struck-through 13 type, as follows: 14 Sec. 3. Applicability 15 16 Except as otherwise provided in this article, these regulations shall apply to 17 development applications consistent with the following conditions: 18 A A development that has not been the subject of a previous development 19 efEier.. Developments with a residential component for which any land 20 use and/or a zoning category permitting the density in excess of 10 21 dwelling units per acre is applied, including the requests for planned 22 development districts in cases where the desired Future Land Use 23 classification is already in place and allows such densities; 24 I B Major modification of an approved ~development site plan if (1) the 25 previous approval includes a density as described in condition A of this 26 section; and (2) such modification proposes more housing units than 27 previously approved; and (3) the previous development approval was 28 granted after April 3, 2007; in such a case , these regulations will applv 29 to additional units only; and 30 31 C. Developments with a residential component for '.vhich any Mixed Use Page 2 of 5 ] land use dcsignation and a corrcsponding Mixed Use zoning categol) 2 is applicd; 3 4 I*~Developments whose previous approval was consistent with condition 5 A of this section. that ha'le been pre'.'iously approved for a change in land use 6 to either Mixed usc, Mixcd use Core or Special High Density Residential and 7 whose site plan has expired~ and/or arc requesting a site plan time cxtension. 8 9 Section 3. Chapter 20, Building, Housing and Construction Regulations. of the ]0 Land Development Regulations of the City of Boynton Beach Code of Ordinances, Article X. I] Workforce Housing Program, Section 4, "Provision of workforce housing units:' is hereby 12 amended by adding the words and figures in underlined type and by deleting the words and J3 figures in struck-through type. as follows: ]4 15 Sec. 4. Provision of workforce housing units. ]6 17 Developers may be entitled the requested higher density land use and zoning 18 category if providing workforce housing units as stated below, subject to the ]9 limits and requirements of this chapter. 20 2 ] * * * 22 ')~ D. The workforce housing units provided shall have the same percentage _J 24 of unit types as market rate units within the development. particularly 25 with regard to the number of bedrooms, unless a contrasting unit tvpe is 26 intended to address particular needs existing within the communi tv at 27 the time of approval and substantiated by written evidence such as 28 related reports or data. If the application involves a maior modification 29 of an existing development, only the additional units are used in 30 determining the required unit mix. If the application involves a major 31 modification of an existing development with a residential component, ~') these conditions apply to all additional units; hO'Never, the unit mix for J~ 33 additional units is not required to match the one for units already built 34 on the sitc. 35 * * * 36 37 Section 4, Chapter 20, Building, Housing and Construction Regulations. of the 38 and Development Regulations of the City of Boynton Beach Code of Ordinances. Article X. Page 3 of 5 , , 1 Workforce Housing Program, Section 8, "Resale requirements," is hereby amended by adding 2 the words and figures in underlined type and by deleting the words and figures in struck- 3 through type, as follows: 4 Sec. 8. Resale requirements. 5 6 To maintain the availability of workforce housing units which may be 7 constructed or substantially rehabilitated pursuant to the requirements of this 8 program, the following resale conditions shall be imposed on the workforce 9 housing units and included in the deed restrictive covenant recorded in the 10 Public Records of Palm Beach County: 11 12 * * * 13 14 C. The developer shall provide Workforce Housing Units that include unit 15 types in the same proportion as the market rate housing units.;.-unless a 16 contrasting unit type is intended to address particular needs existing 17 within the community at the time of approval and substantiated by 18 written evidence such as related reports or data. 19 20 1. If the Development contains a mix of different types of units, 21 (e.g. condominium, townhouse, detached, etc.), the proportion 22 of Workforce Housing Units of each type to total Workforce 23 Housing Units must be approximately the same as the 24 proportion of market rate units of each type to total market rate 25 units. 26 27 2. If the Development includes both for sale and for rent units, the 28 proportion of for rent Workforce Housing Units to for sale 29 Workforce Housing Units must not exceed the proportion of for 30 rent market rate units to for sale market rate units. 31 32 3. The number of bedrooms per unit must be proportionate 33 between Workforce and market rate units. 34 35 4. If the application involves a maior modification of an existing 36 development. only the additional units are used in determining 37 the required unit mix. 38 39 * * * 40 41 Section 5. Each and every other provision of said chapter, not herein specifically Page 4 of 5 ! I amended, shall remain in full force and effect as originally adopted, 2 Section 6. All ordinances or parts of ordinance in conflict herewith be and the 3 same are hereby repealed. 4 Section 7. Should any section or provision of this Ordinance or portion hereof be 5 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 6 remainder of this Ordinance. 7 Section 8. Authority is hereby given to codify this Ordinance. 8 Section 9. This Ordinance shall become effective immediately. 9 FIRST READING this ~ day of ,2008. 10 SECOND, FINAL READING AND PASSAGE this __~ day of~___~__~. 2008. I I 12 CITY OF BOYNTON BEACH. FLORIDA 13 14 "..._--_.__._---~.- 15 Mayor - Jerry Taylor 16 17 18 Vice Mayor - Jose Rodriguez 19 20 2l Commissioner - Ronald Weiland 22 I~ -j 24 Commissioner - Woodrow L. Hay 25 26 27 Commissioner - Marlene Ross 28 29 TTEST: 30 31 32 anet M. Prainito, CMC 33 ity Clerk 34 35 36 Corporate Seal) Page 5 of 5 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 08-001 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Economic Planner ,/ l....- J THROUGH: Michael W. Rumpf j- > ' Director of Planning and Zoning DATE: January 11,2008 SUBJECT: Workforce Housing Program Amendments (CDRV 08-001) Proposed changes to the Workforce Housing Program, adopted by Ordinance 07-007 Land Development Regulations, Chapter 20. Building, Housing and Construction General, Article X, Sections 3, 4 and 8. NATURE OF REQUEST Staff is proposing to amend applicability conditions and certain requirements pertaining to provision of workforce housing units under the City's Workforce Housing Program. The proposed amendments are shown as underlined and strike-through text: For Section 3. Applicability: Except as otherwise provided in this article, these regulations shall apply to development applications consistent with the following conditions: A A de';clepment t.'tat .~as net been the sblbjeet ef a pl'o'iabls de'.depment er-der, Developments with a residential component for which anv land use and/or a zoninJ! category permittinJ! the densitv in excess of 1 0 dwellinJ! units per acre is applied. includinJ! the reauests for planned development districts in cases where the desired Future Land Use classification is alreadv in place and allows such densities; B Major modification of an appr-c)';cd development site plan if (]) the previous approval includes a densitv as described in condition A of this section; and (2) such modification proposes more housinJ! units than previouslv approved: and (3) the previous development approval was J!ranted after April 3. 2007; in such a case . these reflUlations will applv to additional units onlv; and I G De'.'C!apments with a r-csidcntial eBmpBnent fer whieh any},lixed Use kmd blse dcsignatien and a eBrrespBnding ,Vixed Use z8ning eategBr is applied; D:c. Developments whose previous approval was consistent with condition A of this section that ha';e been pr-c'dablsly appFfJ';ed fer a dangc in kmd blse ta either ,~lixed use, },/ixed blse Cere Br Special High Density Residential and whose site plan has expired. and/8r al"e r-oljuesting a site pJtm timc extension. Page 2 CDRV 08-001 For Section 4. Provision of workforce housing units: D. The worliforce housing units provided shall have the same percentage of unit types as market rate units within the development. particularly wUh rcgard te thc number ef 8ear{')f)/'NS, unless a contrastinf! unit tvpe is intended to address varticular needs existing within the communitv at the time of avvroval and substantiated bv written evidence such as related reports or data, If the avvlication involves a ma;or modification of an existing development, onlv the additional units are used in determining the reQuired unit mix. If thc aPfJlieatien il1':eh'cs a majer modijieatien of an cxisting devclqmlCnt wit.~ a rcsidential eempencnt, these cenditiens apply ta all additimwl units; hoH'c':cr, the unit mix fer additienal units is not t'cfj'uircd te match thc enc fer I;mits alrcady built 011 thc site. For Section 8. Resale requirements: C. The developer shall provide Worliforee Housing Units that include unit types in the same proportion as I the market rate housing units-:- unless a contrasting unit tvve is intended to address varticular needs existinf! within the communitv at the time of avvroval and substantiated bv written evidence such as related revorts or data, 1. If the Development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc), the proportion of Worliforce Housing Units of each ope to total Worliforce Housing Units must be approximately the same as the proportion of market rate units of' each type to total market rate units. 2. If the Development includes both jar sale and for rent units, the proportion of for rent Worliforce Housing Units to for sale Worliforce Housing Units must not exceed the proportion of for rent market rate units to for sale market rate units, 3, The number of bedrooms per unit must be proportionate between Worliforce and market rate units. I 4. If the avvlication involves a ma;or modification of an existing development, onlv the additional units are used in determininJJ the required unit mix. BACKGROUND/ANAL YSIS Proposed chan2es to applicabilitv The City's Workforce Housing Ordinance (Ord. 07-007) was approved on March 20, 2007, after the Boynton Beach Housing Needs Assessment Study by the Metropolitan Center of the Florida International University showed that the need to address the workforce housing shortage had become urgent. At that time, the residential real estate market in Palm Beach County had already been in a downturn for over two years, with prices steadily falling after their peak in November 2005. Boynton's development and redevelopment activities reached their highest level in 2005, when some 2,948 units were approved. A large percentage of these units were part of developments in areas that allowed for higher densities and therefore could have generated a significant number of workforce housing units. Page 3 CDRV 08-001 The City-CRA staff team, who jointly drafted the ordinance, was well aware that many opportunities to increase the workforce housing stock were probably lost. However, since it was also clear that the delays in construction were mounting, provisions were placed in the ordinance intended to capture the previously approved developments in cases when requests were made either for major site plan modifications or site plan time extensions (the expiration of the approved site plan would clearly trigger Workforce Housing Ordinance requirements for a new applicant). Subsequent to adoption of Ordinance 07-007, the housing market slump deepened considerably, and a continuing financial sector crisis makes any projections for a 2008 rebound uncertain at best. It is now likely that the slump will persist at least through 2008, with further decline in prices, and that a recovery, when it arrives, will be slow. Given these circumstances, owners of the previously approved developments may either keep delaying construction or attempt to redesign their projects in order to "make the numbers work". Those that are ultimately built, will be constructed in a very different economic and financial environment from the one in which they received their approvals. The costs will remain high, while revenues will be sharply lower from those projected by initial proformas. If site plan time extensions and site plan modifications invoke requirements for workforce housing units, the balance may further be tipped toward either additional delay in project construction or, possibly, its cancellation altogether. Staff is of the opinion that, under the current dire economic circumstances, imposing additional and potentially significant costs that were not initially accounted for constitutes undue hardship. Moreover, staff believes that such imposition could have an overall negative impact on the recovery of the real estate sector in the City, especially if reaching the momentum for redevelopment of the downtown and surrounding neighborhoods is further delayed. Finally, the negative impact would be felt as unrealized tax base for both the City and the CRA. Please note that requirements of the Workforce Housing Ordinance would still apply to site plan modifications involving requests for additional housing units as per conditions specified by the proposed changes to Section 3.B. Moreover, the proposed amendments extend applicability of the ordinance to development applications involving all requests for land use and/or zoning categories permitting the densities exceeding 10 units per acre. Proposed chanees to conditions of workforce unit provision This proposed amendment pertains to the "proportionality" provisions of the Workforce Housing ordinance. To equalize opportunities for "workforce" and "market" buyers, the provisions require that the unit mix of the market-priced units match the unit mix of the workforce dwellings. This amendment has been initiated in response to the scenario presented by the Boynton Bay development, the first application to be processed in accordance with the ordinance. The master plan, submitted and approved concurrently with the land use amendment and rezoning for the development, indicates that 180 for-sale condominiums (with 45 workforce units) will be added to the existing 240 rental units. Initially, it was determined that "proportionality" conditions contained in Section 4.D and Section 8.C cannot be met with existing units taken into consideration; however, upon further examination of the requirement, staff concluded that, since existing subsidized rentals are clearly not "market" units as referred to in the ordinance, the "proportionality" condition will only apply to the new units. Staff recognizes that the "proportionality" requirements are likely to be an issue in future requests involving major modifications of existing developments and thus proposes that the Section 4.D and Section 8.C of the ordinance be amended to limit the application of the "proportionality" provisions in such cases to the new portion of the development. Additionally, proposed changes reflect staff's opinion that a strict request to match a workforce unit mix to the mix of market rate units may actually result in a product that, at a given time, does not meet the needs of the community (an evidence of such potential issue would have to be substantiated by the applicant). This amendment would add the flexibility necessary to account for the different possible scenarios. Page 4 CDRV 08-001 RECOMMENDA TION Based on the analysis herein, staff recommends that this request to amend the city's Land Development Regulations, Chapter 20. Building, Housing and Construction General, Article x: Sections 3 and 4, be approved. S:\planningISHAREDlWPISPECPROJICODE REVIEWICDRV 08-001 Workforce Housing OrdinancelStaffReport.doc Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 D. Workforce Housing Code Review 1. PROJECT: Amendments to Workforce Housing Ordinance (CDRV 08-002) AGENT: City-initiated DESCRIPTION: Request to amend Chapter 20. Building, Housing and Construction Regulations, Article X, Section 3 and Section 4, clarifying applicability conditions and unit type requirements. Hanna Matras, Senior Planner, presented the amendment that pertained to the Workforce Housing Ordinance that was approved in April of 2007. There were two areas of change. The first dealt with compatibility and the other pertained to provisional units. In terms of the compatibility, there are three changes proposed. One change was that the ordinance did not apply retroactively to projects that were applying for site plan extensions. The next change would apply to projects that have been approved before and applied for Major Site Plan Modification. The ordinance would apply to a modification that included the additional housing units if the previous approval included increases in density, the modification proposed more units than were originally approved, and the previous approval was granted after April 7, 2007, the approval date of the housing ordinance. The third component of the amendment would simplify the requirements. If approved, the ordinance would apply to all applications where the desired future land designation or zoning permitted density in excess of 10 dwelling units. Another proposed change pertained to the prohibition of workforce housing units. The current text of the approved ordinance requires that the portion of the development which contained workforce units would have to have the same profile as the market units, in terms of rentals, number of bedrooms, etc. This proposed change had two provisions. The first was if there was a site plan modification, then that provision would only apply to the additional units. In all other cases, the prohibition would still apply. However, if the developer proposed something to change the profile, such as more rental workforce units than the proportion of the market units, then it may be allowed if there was a justification. Staff believes there should be flexibility when requests were warranted and appropriate. Accordingly, staff was recommending approval of the changes. Chair Jaskiewicz asked if the later changes were previously approved. Ms. Matras explained the change pertained to the land use or the zoning. Any time the request included the density increase, the ordinance would come into effect. The only changes other then schematics, was it would include those projects that applied for high density residential zoning. It was unlikely that there would be many projects. but staff thought the changes were needed. Chair Jaskiewicz asked whether workforce housing was becoming a moot issue with the pricing of homes in the City being adjusted downward. Most of the condos were in the 6 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 affordable housing range. Ms. Matras explained although housing prices would continue to fall, affordable housing was based on income not the cost of the home. Motion Mr. Myott moved to approve. Mr. Barnes seconded the motion that unanimously passed. Chair Jaskiewicz suggested Item E be tabled to the next meeting. Mr. Rumpf explained it could be deferred until then; the board members were having difficulties hearing the presentations due to the extreme rain. Staff noted the streets were also flooding. Chair Jaskiewicz thought it may be prudent to end the meeting to get home safely. Motion Mr. Saberson moved to table Item E until the next meeting. Mr. Barnes seconded the motion that passed 4-2 (Ms. Grcevic and Mr. Myott dissenting.) E. Land Development Regulation Rewrite _ Group 4 - Part II Code Review 1. PROJECT: Land Development Regulations (LOR) Rewrite Group 4 - Part II (CDRV 07-004) AGENT: City-in itiated DESCRIPTION: A portion of Group 4 deliverable, pursuant to the LOR Rewrite Work Schedule, which includes Article "' Exterior Building and Site Design Standards. This proposed section will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1,2,4,6,7,10, and 11. This item was tabled to the next meeting. 8. Other None. 9. Comments by members None. 7 [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 Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 18,2007 December 3, 2007 (Noon) ~ February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15,2008 December 31. 2007 (Noon) 0 March 18, 2008 March 3,2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17, 2008 (Noon) 0 Announcements/Presentations ~ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Please place this item on the February 19, 2008 City Commission agenda under City Manager's Report to include the review ofa new resolution for enclave annexation, to supersede Resolution No. 08-007. This new resolution is necessary to incorporate two (2) additional enclaves as agreed upon by both City and County staff. EXPLANATION: Since Resolution 08-007 was approved on January 2nd, authorizing execution of an interlocal agreement (ILA) with the County for the annexation of selected enclaves, the County has proposed two (2) additional enclaves for processing, thereby requiring this new review by the Commission and endorsement of a new resolution. The map series and list of properties previously provided under the former resolution, have been revised to now show 5 separate enclaves and 59 properties (the new enclaves are identifIed as #3 and #5). The additional enclaves also meets the nrinimum criteria of Florida Statutes (ch 171) for this annexation process, including being less than 10 acres and surrounded by the City's municipal boundary. It should be noted that one (1) parcel in enclave #3 (Palmer Road) is being excluded from formal annexation. This parcel, fronting on Federal Highway, and containing an existing large billboard on a long-term contract, will by a separate interlocal agreement, receive the same city services as provided to the other annexed parcels in the enclave. This joint City-County initiative facilitated by State Law was fIrst experienced in 1995 which annexed 7 enclaves consisting of 31 parcels and a combined land area of 15 acres. The intent of this process is again to improve the effIciency of government operation including the delivery of public services. Similar to the enclaves annexed in 1995, the subject enclaves are isolated from greater Palm Beach County and their corresponding County services, and are often serviced by the City under the mutual aid agreement. It is estimated that the annual property tax revenues collected from these properties would amount to approximately $88,000. All affected property owners have been mailed a notice of this process and public hearing, as required by the ILA. When this document was prepared, the opposition of one property owner had been communicated, which involves Enclave #1 (it should be noted that this enclave was included in the 1995 project; however, it was rejected by the County due to property owner opposition). With respect to zoning and land use, this process allows for the processing of the corresponding land use amendments and rezonings subsequent to, rather than concurrent with, the annexation process. As indicated by the ILA, the County's zoning and land use classifIcations will remain in effect until ultimately reclassified and rezoned by the City. Staff plans to prepare the necessary applications for approval within the next 6 to 8 months. If approved, this ILA will be forwarded to the County for [mal staff review and consideration by the Board of County Commissioners on March 11 tho The intent of the review schedule is to complete the annexation process by March 31 sl S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM allowing the properties to be included in the 2008 property tax roll. For additional information on this item, see the accompanying staffreport with descriptions of each enclave, and the map series and property listings all labeled as Exhibit "A" to the ILA. PROGRAM IMP ACT: Improved efficiency in delivering basic and emergency services to enclaves. FISCAL IMPACT: (Include Acct. No. where funds will come from if not needed delete this) None other than cost oflegal notices estimated to be approximately $2,500, and the result will be increased property tax revenues in the Year 2009. ot approve the subject resolution thereby leaving the targe aves under County jurisdiction. 'j Assistant to City Manager ~ ~~~~e"o' City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\Annexation\Enclaves - Annx Interlocal Agreement 2008\Agenda Item Request January 19, 2008.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC , I 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION BY 5 THE MAYOR AND CITY CLERK OF AN 6 INTERLOCAL AGREEMENT BETWEEN THE CITY 7 OF BOYNTON BEACH AND PALM BEACH COUNTY 8 FOR THE ANNEXATION OF ENCLAVES; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 12 Cooperation Act of 1969", authorizes local governments to make the most efficient use of 13 their powers by enabling them to cooperate with other localities on a basis of mutual 14 advantage and, thereby, to provide services and facilities that will harmonize geographic, 15 economic, population and other factors influencing the needs and development of local 16 communities; and 17 WHEREAS, Section 171.046, Florida Statutes, provides for the annexation of 18 certain enclaves pursuant to an Interlocal Agreement between a municipality and the county 19 having jurisdiction over such enclaves; and 20 WHEREAS, the City Commission of the City of Boynton Beach have determined 21 that it is appropriate and will promote efficient provision of governmental services for the 22 City to annex certain enclaves. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach hereby authorizes S:\CA\RESO\Agreements\lnterlocals\ILA with PSC (annex enclaves)replace).doc 1 the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton 2 Beach and Palm Beach County, a copy of which is attached hereto, that provides for the 3 annexation by the City of certain unincorporated encalves which are identified in Exhibit 4 "A" attached hereto and incorporated herein. 5 Section 3. This Resolution supersedes Resolution R08-007 and shall become 6 effective immediately upon passage. 7 PASSED AND ADOPTED this ~_~ day of February, 2008. 8 9 CITY OF BOYNTON BEACH. FLORIDA 10 11 -~~--- 12 Mayor ~ Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 I 20 21 Commissioner - Woodrow L. Hay 22 23 24 ATTEST: Commissioner - Marlene Ross 25 26 27 28 Janet M. Prainito, CMC 29 City Clerk 30 31 (Corporate Seal) 32 S:ICAIRESOlAgreements\lnterlocalsllLA with PSC (annex enclaves)replace) doc , I MEMORANDUM To: Kurt Bressner, City Manager From: Quintus Greene, Development Director Date: January 25, 2008 Re: Annexation of Enclaves Pursuant to your request, aCERT (Code Enforcement Response Team), consisting of representatives from the Code Enforcement Division of the Police Department, the Utilities Department, the Fire Department, and the Planning and Building Divisions of the Development Department, was assembled during the week of January 14, 2008 for the purpose of investigating the five (5) proposed enclaves to be annexed. The following represents a summary of the findings for each enclave. Enclave 1 (31st Terrace) This enclave is the site of Boynton Self Storage, which has made it known that they are firmly opposed to being annexed into the City of Boynton Beach. To emphasize the point they filed a public record request last week for all documents, e-mails and correspondence with the county pertaining to the annexation of enclaves. Code Compliance has determined that the site appears to be generally in compliance with our codes. The inside storage units are small and not conducive to housing business occupations. The only item that stood out would be the non-conforming sign. Another issue possibly would be "screening" of the outside storage, but given the location that's not really that important at this point. Accordingly Code has no issues with this site other than the sign. Fire and Utilities have no issues with the site. Enclave 2 (Wall Street) Code Enforcement and the Building Division have observed that there appears to be . some property maintenance issues with many of the homes in this area. In addition there appear to be un-permitted structures, unlicensed home occupations, a large number of rental units (with For Rent signs), as well as some lawn furniture on roof tops. In short, the general aesthetics of some properties (including vegetation, building condition and yard screening materials) leaves much to be desired. Page 2 Fire has observed that this enclave has some very narrow streets, some of which are not paved. This would hinder access to the interior areas of this enclave for Fire Department apparatus and personnel. Required Fire Hydrants will have to be reviewed for Fire Code compliance. Fire also conducted a broad overview of the Cantway Site at 3860 N. Federal Hwy., consisting of five buildings, and found numerous Fire and Life Safety violations. Utilities has determined that a number of parcels in this enclave as well as in Enclave 3 are on well water and a few are on septic systems. However, most have potable water lines in the general vicinity, to allow for an extension of service, and access to a gravity sewer to the south and east. Those lots fronting on Old Dixie Highway have potable water available in the adjacent right-of -way, and the majority of the homes already have water meters. Wall Street is a dedicated right-of-way, and contains a potable water line with the majority of the homes having meters. At the southern end of Wall Street, there is a three unit multi-family building that has an unsafe/unsanitary open septic system. Some of the other lots may not have access via dedicated right-of-way, so easements will be required in order to extend services. Enclave 3 (Palmer Road) This enclave consists primarily of older homes, mostly ranch style, many on finger canals, located between the developments of Estancia and Waterside. At least one property may be a Code Compliance issue. Building and Fire have noted that the roads are narrow; the comers are sharp and, as a result, Fire and Emergency vehicle access to some areas would be difficult. Planning has also noted that annexation of this parcel would result in the annexation of a large billboard that sits on the site of a commercial parcel on Federal Hwy. Utility comments regarding this enclave are addressed under Enclave 2 above. Enclave 4 (Old North Dixie Hwv.) Building and Code have observed that this relatively smaller enclave at 3456, 3460 and 3464 North Old Dixie Highway appears to have three residential structures on the property. From all appearances it would seem the front residence at the comer of Old Dixie and Gibbs may be an issue as it's apparently being used as a boat storage/repair yard. The rear structures are owned by Southern Engineering & Construction, LLC. and there are apparently several un-permitted structures on the site. Enclave 5 (Lake Ex.) This enclave consists of two larger ranch style waterfront homes with good access. No issues. ' Page 3 In addition to the foregoing summary, the Planning staff has put together the following schedule based on working backwards from your required date of March 31, 2008 for concluding the annexation process. . BCC meeting March 11th . City Commission meeting March 4th . Agenda deadline for City item February 19th (to Legal by Feb 14th.) . The signed inter-local agreement will be submitted to the County by February 12th . Notices to property owners to be mailed by February 1 st (allowing a conservative 30 day notice period) Staff has the address listing and will prepare labels. The Legal Department has prepared a letter, including the county staff contact for BCC hearing info. Planning staff can mail notices by February 1 st. and prepare the map exhibits for the Inter-local Agreement. INTERLOCAL AGREEMENT FOR THE ANNEXATION OF ENCLAVES THIS INTERLOCAL AGREEMENT is made on this day of , 2008 between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "City," and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", each entity constituting a "public agency" as defined in Part 1, Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 171.046, Florida Statutes, provides for annexation of certain enclaves by interlocal agreement between the annexing municipality and the County having jurisdiction of the enclave; and WHEREAS, Section 171.046, Florida Statutes, limits annexation by interlocal agreement to enclaves often (10) acres or less in size; and WHEREAS, Section 171.031 (13) (a) and (b), Florida Statutes, defines enclaves as unincorporated developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and WHEREAS, the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031 (a) and (b) and 171.046, Florida Statutes, as such enclaves are developed or are improved, are ten (10) acres or less in size, and are completely surrounded by the City or are bounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in the City's future annexation area as provided for in the Annexation Element of the City's Comprehensive Plan; and WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and the County zoning and subdivision regulations until the City adopts a Comprehensive Plan amendment to include the parcels to be annexed into the City's Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Page 1 of 3 Section 1. Purpose The purpose of the Agreement is to annex the unincorporated enclaves, identified in Exhibit "A", attached hereto and made a part hereof, into the City's municipal boundaries. Section 2. Definitions The following definitions apply to this agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031 (13) (a) and (b). Florida Statutes. 2. "Act" means Part I of Chapter 163, Florida Statutes. 3. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. Section 3. Annexation The enclaves identified in Exhibit "A", which is attached hereto and made a part hereof. are hereby annexed into and are included in the corporate boundaries of the City. Section 4. Rights of Way All rights-of-way located within the enclaves are hereby annexed into and included in the corporate boundaries of the Municipality. This includes acceptance by the Municipality of ownership and maintenance of all rights-of-way, and the responsibility for providing emergency services for the rights-of-way. Approval of this Interlocal Agreement by both parties constitutes mutual agreement by the Municipality and County pursuant to Section 335.0415, Florida Statutes, to the transfer of the responsibility for operation and maintenance the rights-of-way to the Municipality. Section 5. Effective Date This agreement shall take effect upon execution by both parties. Section 6. Filing Upon execution by both parties, a certified copy of this agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 7. Notification The City hereby acknowledges that it has provided written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm Beach County Property Appraiser. The written notice described the purpose of the Interlocal Agreement and stated the date, time, and place of the meeting in the City where this Interlocal Agreement is to be considered for adoption. The written notice also indicated the name and telephone number of the Palm Beach County staff person to contact regarding the date, time, and place when the Palm Beach County Board of County Commissioners is to consider the adoption of this Interlocal Agreement. Section 8. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Page 2 of 3 Section 9. Severability In the event a court of competent jurisdiction hereof holds any section, paragraph, sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. Section 10. Entire Agreement & Counterparts This Agreement represents the entire understanding between the parties, concerning the subject, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF BOYNTON BEACH, a Florida Municipal Corporation ATTEST: Jerry Taylor, Mayor Janet Prainito, City Clerk (Seal) Approved as to Form and Legal Sufficiency City Attorney ATTEST: PALM BEACH COUNTY, FLORIDA By Its Board of County Commissioners By: By: Deputy Clerk Addie L. 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I ww ,=1=.= =:=IE E EIE E E E E E EIE E E'Z,ZiZ!Q) Q) 1rolrolro rolro...-I.-'-I- - - - - -'-1- _._I~'~I.,~'~',~ I> >,>,>,>Irolrolro ro ro ro ro ro rolro ro rolrol-'-'-I'ro'lro 1>'>1>'>1>10.10.10. a. a. a. 0.0. 0.10. a. 0.10.101010 ~,~ I I IN N N'NIN1M M MIM M M M MIM1MfM M MI'<:tI'<:tI'<:tI~I~ City of Boynton Beach Exhibit "A" Enclave Annexation Interlocal Agreement 1/08 BOYNTON'BEACH BLVD "1 , I OCEAN AVE --1 Enclave #1 \ I "31 st Terrace" 2.84 acres \ i ; I I I i I I I I W I -_._----~. f ~ i tn / , tn WOOlBRIGHT- RD w ~,. i C) z I 0 I (.) I >- ~ :t: j ~ 23RDAVE C2 _ GOlE.RD Enclave #3 w 0 "Palmer Rd." w u. 5.00 acres Enclave #2 "Wall Street" 7.20 acres . N 1,700 850 0 1,700 3,400 5,100 6,800 --$- I I Feet W ..> " .:. . :-.. . . ,., _ I _.,. - .. j,. -- - .; . " I - I ~. L----- ',\...' E I #1 ill) .",:A ,..4i:. 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OOOOOOCXl~(Jl co 1 (Jl 0 W j-..J 0 ~ CXl 0) '0.00 ':::0 III CXl - --- n ::r XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 6.1 AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) fZI February 19, 2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19, 2008 (Noon) D January 15, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February 5. 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (Noon) D Ann oun cern ents/Presentati on s D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda fZI Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Adoption of Ordinance on 2nd reading amending Article I of Chapter 2 and Section 2-13 .2(b) relating to the Community Redevelopment Agency to provide for new boundaries. EXPLANATION: At a previous City Commission meeting the Commission directed that a recently annexed area commonly referred to as Gulfstream Gardens be included within the boundaries of the Community Redevelopment Agency. The attached Ordinance modifies the legal description of the boundaries of the CRA thereby implementing the Commission's direction. PROGRAM IMP ACT: None FISCAL IMP ACT: Increased TIF revenues will be realized by the Community Redevelopment Agency. AL TERNA TIVES: Reconsider previous directive and take no action which would place Gulfstream Gardens outside the boundaries of the Community Redevelopment Agency. ~~ , .'~~ Department Head's Signature City anager's SIgnature Assistant to City Manager ~ [/ T II J4 77o/{>(// V /Department Name ;' City Attorney I Finance SIBULLETIMFORMS\AGENDA ITEM REQUEST FORM.DOC XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must bel urned Meeting Dates in to City Clerk's Office Meeting Dates O~ in to City Clerk's Office o December 18. 2007 December 3.2007 (Noon) o F,bru.ry ~ss'\ "bru., UO"" (Noo,,, o January 2, 2008 December 17.2007 (Noon) ~~008 ',bru., (92008 (NoOll o January 15,2008 December 31, 2007 (Noon) o March 18.~~~ ~ 0'-1 ~\, ~ February 5, 2008 ~x>\'~ January 14,2008 (Noon) o April 1,2008 0 Ann ouncem ents/Pre sentati on s 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA nON: Adoption of Ordinance amending Article I of Chapter 2 and Section 2- 13 .2(b) relating to the Community Redevelopment Agency to provide for new boundaries. EXPLANATION: At a previous City Commission meeting the Commission directed that a recently annexed area commonly referred to as Gulfstream Gardens be included within the boundaries of the Community Redevelopment Agency. The attached Ordinance modifies the legal description of the boundaries of the CRA thereby implementing the Commission's direction. PROGRAM IMPACT: None FISCAL IMP ACT: Increased TIF revenues will be realized by the Community Redevelopment Agency. AL TERNA TIVES: Reconsider previous directive and take no action which would place Gulfstream Gardens outside the boundaries of the Community Redevelopment Agency. I} '. l ~ i /' /l ~ Department Head's Signature . City Manager's Sig~atu~e Assistant to City Manager,~,. /' /Il/ ;)/Td /1/):: V ..~~-_. ;Department Name/ City Attorney / Finance S\BULLETINIfORMS\AGENDA ITEM REQUEST FORM. DOC 1 ORDINANCE 08 -003 2 3 4 ORDINANCE OF THE CITY COMMISSION OF THE CITY 5 OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE I 6 OF CHAPTER 2 AND SECTION 2-13.2(b) RELATING TO 7 THE COMMUNITY REDEVELOPMENT AGENCY TO 8 PROVIDE FOR NEW BOUNDARIES; PROVIDING FOR 9 CONFLICT, SEVERABILITY, CODIFICATION; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission desires to amend the legal description of the 13 Community Redevelopment Agency boundaries to reflect recent annexation of property into the 14 City; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA: 17 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 18 ratified and confirmed by the City Commission. 19 Section 2. That Article I, "In General" of Chapter 2, Sec. 2-13.2. is hereby amended to 20 read as follows: 21 Sec. 2-13.2. Governing body of community redevelopment agency. * 22 . . . 23 (b) The community redevelopment agency, shall exercise its jurisdiction in all 24 eas of the city which the city has heretofore designated for redevelopment. The community 25 edevelopment area is more particularly described in Exhibit A~ which i::; attached to Ordiml11co 26 c 27 . . . 28 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are 29 ereby repealed to the extent of such conflict. 30 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid Page 1 of2 :ICA \OrdinanceslCRA ICRA BOUNDARY AMENDMENT 020508.doc 1 or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 2 the validity of the remaining portions of this Ordinance. " Section 5. It is the intention of the City Commission of the CITY OF B01TNTON .:l 4 BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the 5 CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may 6 be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or 7 such other appropriate word or phrase in order to accomplish such intentions. 8 Section 6. This Ordinance shall be effective immediately after adoption by the City 9 Commission. 10 PASSED FIRST READING this _ day of .2008. 11 12 SECOND AND FINAL READING ADOPTED this _ day of ,2008. 13 14 CITY OF BOYNTON BEACH, FLORIDA 15 16 17 18 Mayor - Jerry Taylor 19 20 21 Vice Mayor - Jose Rodriguez 22 j" _.:l 24 Commissioner - Ronald Weiland j~ -) 26 27 Commissioner - Woodrow L. Hay 28 TTEST: 29 30 Commissioner - Marlene Ross I 31 , "'j anet M. Prainito, CMC I .:l_ 33 ity Clerk 34 I I 35 Corporate Seal) I Page 2 of2 '\CAIOrdinancesICRAICRA BOUNDARY AMENDMENT 020508.doc EXHIBIT lI- The annexed property is described as follows: Commence at the Southeast corner of Tract 47 as shown on the amended Plat of "Trade Winds Estates" as recorded in Plat Book 21, Page 73 of the Public Records of..Palm- BeaGh .Gounty,Florida, for a point- of beginning; thence East along the North line of said "Trade Winds Estates", a distance of 100 feet to a point; thenc.e Northeasterly along a line parallel to the Easterly line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a point; thence West on a line parallel to the North line of Tract 51 of said "Trade Winds Estates, a distance of 100 feet, more or less, to a point on the Easterly line of Tract 47; thence southerly along the East line of Tract 47, a distance of 15 feet, more or less, to the point of beginning. Start at the Southwest corner of Lot 52, "Trade Winds Estates", Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; thence run Easterly 484.20 feet to the West right- of-way line of U.S. Highway No.1; thence Southerly 100 feet along said West right-of-way line; thence Westerly parallel to the North boundary above described to the Northeast corner of Lot 46, "Trade Winds Estates"; thence Northerly 96.43 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida. Tract 46: Trade Winds Estates, a subdivision in Palm Beach County, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73, and also the following described Tract of land: commencing at the Southeast corner of Tract 47, as shown on the Plat of "Trade Winds Estates" Plat Book 21, Page 73, Palm Beach County Public Records run Northerly along the East line of said Tract 47, a distance of 15 feet to the point of beginning; from the point of beginning, thence run Easterly parallel to the North line of Tract 51 of the said "Trade Wind Estates". A distance of 100 feet, to a point; thence run Southerly, parallel to the East line of the said Tract 47, a distance of 15 feet, to a point in the North line of the said Tract 5]; thence run easterly along the North line of the said Tract 51, a distance of ] 86.77 feet to a point; thence run Nortl1erly, at an angJ e of 107037' ( tun1ed from west to North) with the North line of the said Tract 51, a distance of 200 feet, to a point; thence run Westerly, parallel with tbe North hne of the said Tract 51, a distance of 316.39 feet to the Northeast comer of Tract 46 of the said "Trade Winds Estates; thence run Southerly a distance of 177.70 feet to the point of beginning. Lot 52, amended Plat of "Trade Winds Estates", according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm B eachCountY-'d Florida, drecorded in. Elat _Book 21 'dPage-73; said. lands situate lying and being in Palm Beach County, Florida. Lots 43, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in Palm Beach County, Florida according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73. The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds Estates", Palm Beach County, Florida according to the Plat recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida thereof, in Plat Book 21, Page 73, subject to the existing right-of- way ofV.S. Highway #1, together with improvements located thereon.