Agenda 03-04-08
The City of
Boynt
100 E. Boynton Beach Boulevard. (561) 742-6000
B" h'
n Ejeaci]
City Commission
AGENDA
MARCH 4, 2008
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherot
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
March 4, 2008
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Red Cross Month - March 2008
b. Community Caring Center Week - March 9-16, 2008
2. Presentations
a. Presentation of the Safe Worker Award to Paul Latone, Heavy
Equipment Operator, Utilities Department for his action on
November 29, 2007.
Agenda
Regular City Commission
Boynton Beach, FL
March 4, 2008
b.
Presentation of the American Assembly Community Relations
Subcommittee
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Accept the resignation of Brenda Williams, a regular member of the Community
Relations Board.
B. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
IV Ross Arts Commission Alt 1 yr term to 12/08 Tabled (3)
II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3)
IIII Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3)
IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3)
I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (3)
II Hay Code Compliance Board Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Community Relations Board Alt 3 yr term to 12/10 Tabled (3)
III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (3)
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2)
I Weiland Library Board Alt 1 yr term to 12/08 Tabled (3)
II Hay Library Board Alt 1 yr term to 12/08 Tabled (3)
II Hay Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (3)
III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
2
Agenda
Regular City Commission
Boynton Beach, FL
March 4, 2008
A. Minutes
1. Regular City Commission - February 19, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
None
C. Resolutions
1. Proposed Resolution No. R08-028 RE: Approving and
authorizing execution of Amendment No.1 to Task Order #U06-7-2 with
Erdman Anthony of Florida, Inc. (d/b/a Crossroads Engineering &
Surveying) The amount of Amendment No. 1 represents an aggregate
of $25,210 from four (4) supplements that were required during the
design and permitting for the Lift Station Rehabilitation Project for Lift
Stations 101, 202, 313, 404 and 610.
2. Proposed Resolution No. R08-029 RE: Approving and
authorizing execution of an agreement to hire a public artist to create
concepts and an implementation plan for Jaycee Park Interpretive Public
Art Markers.
3. Proposed Resolution No. R08-030 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Walter & Joan Crooks for the property at 1111 Ridge Rd.
Lantana, FL.
4. Proposed Resolution No. R08-031 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU)
between the City of Boynton Beach and the SEIU, Florida Public Services
Union, CTW, CLC, White Collar unit. This MOU would allow full-time
employees in the position of Communication Dispatcher or
Communication Specialist to receive twelve (12) hours of pay for
observed holidays provided they are scheduled to work twelve (12) hour
days.
5. Proposed Resolution No. R08-032 RE: Approving and
authorizing the issuance of not exceeding $30,000,0000 of Utility System
Revenue Bonds, Series 2008; providing a method for fixing and
determining the principal amount, interest rates, maturity dates,
redemption provisions and other details of said bonds; authorizing the
sale of the bonds to Branch Banking and Trust Company ("BB&T");
finding necessity for a negotiated sale of such bonds; providing for the
application of the proceeds of said bonds and certain other monies;
3
Agenda
Regular City Commission
Boynton Beach, FL
March 4, 2008
designating the bond registrar for said bonds; containing certain
authorizations and other provisions.
D. Approve the "BOYNTON TOWN CENTER - C3 REPLAT" Record Plat, conditioned
on the approval being the certification of the plat document by H. David Kelley,
Jr., (City Engineer and Surveyor and Mapper).
E. Approve return of cash bond of $30,988.10 to SH Communities for the project
known as Waterside (Building 10).
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.
None
IX. CITY MANAGER'S REPORT:
A. Direct staff to prepare draft ordinance to update the Code of Ordinances,
Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24 Single Family
Residential Refuse Collection to change weekly collection requirements to allow
disposal of unlimited amounts of bulk trash and landscape debris.
B. Review new resolution for enclave annexation (Tabled on February 19, 2008)
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
1. Proposed Ordinance No. 08-004 RE: Amending
Chapter 20. Building, Housing and Construction Regulations, Article X.
4
Agenda
Regular City Commission
Boynton Beach, FL
March 4, 2008
Section 3 and Section 4, clarifying applicability conditions and unit type
requirements.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
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
MEETING. HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABIUTY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 02-27-08
S:\CC\WP\CCAGENDA\AGENDAS\year 2008\030408 First Draft.doc
5
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 18, 2007 December 3, 2007 (Noon) 0
0 January 2, 2008 December 17, 2007 (Noon) L8J
0 January 15,2008 December 31, 2007 (Noon) 0
0 February 5, 2008 January 14, 2008 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 19, 2008
February 4, 2008 (Noon)
March 4, 2008
February 19, 2008 (Noon)
March 18, 2008
March 3, 2008 (Noon)
April I, 2008
March 17, 2008 (Noon)
NATURE OF
AGENDA ITEM
L8J
o
o
o
o
Announcements/Presentations
Administrative
o
o
o
o
o
City Manager's Report
New Business
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EXPLANA TlON: For more than a century, the American Red Cross has been at the forefront of helping American9rev~
prepare for and respond to large and small disasters, Each year, during the month of March, we formally recognize tho n~
American Red Cross and its essential humanitarian role in the community and the Great Palm Beach Area Chapter ~its I'Tln
contribution to making Glades, Hendry, Okeechobee and Palm Beach Counties a better place, :t:
Consent Agenda
Legal
Unfinished Business
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Code Compliance & Legal Settlements
Public Hearing
RECOMMENDATION: Present Proclamation
PROGRAM IMPACT: Will help raise public awareness of the role of the American Red Cross in the community,
FISCAL IMPACT: None
AL TERNA TlVES: Not present the Proclamation
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Assistant to City Manager
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Public Affairs
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
PROCLAMA TION
For more than a century, the American Red Cross has been at the forefront of helping Americans prever'
prepare for and respond to large and small disasters. Families and communities depend on the Red Cros~
times of need; and the Red Cross depends on the support of the American people to help sustain it.
Each year during the month of March we formally recognize the American Red Cross and its essential
humanitarian role in our community. We honor the role of the Greater Palm Beach Area Chapter's
contribution to making Glades, Hendry, Okeechobee and Palm Beach counties a better place. This year we
focus on the spirit of the volunteers, donors, paliners and employees who support the Red Cross mission of
humanitarianism.
Our Chapter is the place where compassionate people freely give their time and talent to help prevent and
ease human suffering among friends, neighbors and even strangers.
The citizens of Glades, Hendry, Okeechobee and Palm Beach counties contributed to fund the cost of
providing immediate relief to 216 families who were victims of house fires. They are the volunteers who
placed a blanket over the shoulders of people who lost their homes and possessions because of a fire, flood
or hurricane. They are the faces who gave support to those who needed shelter from floods or cold nights.
They are the instructors who gave time to train new mothers in lifesaving Infant CPR and First Aid skills or
who taught CPR to someone who helped save the life of a loved one, friend, neighbor or stranger. They are
our heroes who gave their time to make a difference for our community.
In the past year alone, the Greater Palm Beach Area Chapter responded to 195 local emergencies, assisted
187 military families and trained 15,778 people in lifesaving skills such as CPR and First Aid. Red Cross
volunteers are the core of the Red Cross, donating their time and energy to selflessly serve those in need;
demonstrating the compassion and generosity for which Americans are known. The Greater Palm Beach
Area Chapter and its nearly 3,000 volunteers and donors provide valuable tools and education to
individuals, families, workplaces and schools; making us all stronger and more resilient.
This year we dedicate the month of March to our faithful volunteers; our hometown heroes. During this
month, we celebrate and acknowledge the contributions of the many heroes of Greater Palm Beach Area
Chapter for their contribution to building a better quality of life in Glades, Hendry, Okeechobee and Palm
Beach counties. For the next 90 years and beyond, the Red Cross will meet the needs of the public by
fostering volunteers who are professional, prepared and committed to continuing the tradition of providing
excellent service delivery to our community.
Therefore, I, Jerry Taylor, Mayor of Boynton Beach, by virtue of the authority vested in me by Boynton
Beach of Palm Beach County, Florida, do hereby proclaim March 2008 as
American Red Cross Month
and I urge all Americans to continue to give your time, blood and money to make a difference in the
humanitarian fabric of this community. We help each other when we help the Red Cross.
In witness whereof, I have hereunto set my hand this fourth day of March, in the year of our Lord two
thousand eight.
Jerry Taylor, Mayor
ATTEST:
Janet M. Prainito, CMC
City Clerk
[!I.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\-l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk' s Office
D December] 8. 2007 December 3. 2007 (Noon) D February] 9. 2008 February 4,2008 (Noon)
D January 2, 2008 December] 7,2007 (Noon) ~ March 4, 2008 February] 9. 2008 (Noon)
D January] 5. 2008 December 31,2007 (Noon) D March ] 8. 2008 March 3, 2008 (Noon)
D February 5. 2008 January ]4,2008 (Noon) D April ], 2008 March] 7,2008 (Noon)
NATURE OF
AGENDA ITEM
~
D
D
D
D
AnnouncementslPresentations
Administrative
Consent Agenda
D
D
D
D
D
City Manager's Report
New Business
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EXPLANATION: The Community Caring Center has requested a proclamation declaring March 9-16, as COl11H'liDni~~ng
Center Week. The CCC was organized by the Boynton Beach Ministerial Alliance in 1987 and provides assistanCfto ttij\~
within the greater Boynton Beach area who are in need of food, shelter and other services. c.a ~%
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Code Compliance & Legal Settlements
Public Hearing
Legal
Unfinished Business
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RECOMMENDATION: Present Proclamation
PROGRAM IMPACT: This presentation will help raise public awareness of the CCC's mission.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
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City Manager's Signature
Assistant to City Manager
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Public Affairs
Department Name
City Attorney / Finance
SIBULLET]NIFORMS\AGENDA ITEM REQUEST FORM. DOC
A
WHEREAS, the Community Caring Center of Boynton Beach has been actively assisting the hungry and
the needy of our community since September 1987, alleviating the suffering of single mothers. the
unemployed, transients, and others who find themselves on the margin of society; and
WHEREAS, the religious community, as well as individual citizens of Boynton Beach, have recognized the
,charitable work of the Community Caring Center in providing emergency shelter, groceries, and other
,resources; and
result in the loss of a home or the lack of a meal.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton
Beach, Florida, hereby proclaim March 9-16, 2008 as
"COMMUNITY CARING CENTER OF BOYNTON BEACH WEEK"
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,
Florida, to be affixed at Boynton Beach, Florida, this 4th day of March in the Year 2008.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
?-
III.-ANNOUNCEMENTS 8r. PRESENTATIONS
Item C.2.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) 0 February 19, 2008 February 4, 2008 (Noon)
0 January 2, 2008 December] 7, 2007 (Noon) L8J March 4, 2008 February] 9, 2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March ] 8, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January ]4,2008 (Noon) 0 April I, 2008 March] 7,2008 (Noon)
NATURE OF
AGENDA ITEM
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Administrative
Consent Agenda
Legal
Unfinished Business
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RECOMMENDA TION: To present the Safe Worker Award Certificate to Paul Latone, Heavy Equipment Oper~r,
Utilities Department, for his actions on November 29, 2007. N
Code Compliance & Legal Settlements
Public Hearing
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City Manager's Report
New Business
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EXPLANATION: On Thursday, November 29,2007, Paul Latone was driving on Old Boynton Road when he noticed a
vehicle stopped in the road blocking traffic. He noticed an elderly man at the wheel with his head nodding up and down. The
man then drove on and crashed into a house. Paul stopped and approached the vehicle as the man began to drive off. He
reached into the vehicle, put it in park and removed the keys. Paul then called to the City's Communication Center. Police
and Fire/EMS responded to the scene. They determined that the man was in diabetic shock and could have become comatose
if not for Paul's quick response and notification.
PROGRAM IMPACT: Supporting the efforts of the City's Safety Committee and Risk Management Department to promote
safety among City employees.
FISCAL IMPACT: (Include Account Number where funds will come from) None.
AL TERNA TIVES: To not present award.
ent Head's Signature
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RISK MANAGEMEN~~
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Assistant to City Manager
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RM/WP/Safety/Safe Worker Award Paul Latone City Commission,doc
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM DOC
City of Boynton Beach
Safety Committee
Proud to be a Safe Worker Award
NAME:
Paul Latone, Heavy Equipment Operator, Utilities Department
DATE:
Thursday, November 29,2007
TIME:
2:30 PM
LOCATION:
Old Boynton Road near the E-4 Canal
DESCRIPTION: Paul turned onto Old Boynton Rd. heading East from Congress Ave. when
he noticed a Jeep Cherokee stopped in the road blocking traffic. Other drivers were beeping
their horns and driving around the stopped vehicle. Paul followed with the traffic but noticed an
elderly man at the wheel of the Jeep. The man's head was nodding up and down, so Paul
decided to turn his vehicle around to return to the stopped vehicle. When Paul returned to the
scene the man had driven East and crashed into a house. Paul stopped and carefully approached
the Jeep. The man seemed to be trying to drive away, and Paul noticed the man was having
some sort of medical problem, so Paul reached into the vehicle, put it in Park, and removed the
keys. He then called 911 for assistance and asked the man if he was drunk or needed medication,
but the man could not answer and seemed to be going in and out of consciousness.
Police and paramedics arrived in a few minutes, assessed the situation, and they felt the man was
having a diabetic shock episode and could have been comatose in a few minutes without their
response. The police were happy with Paul's quick response, as the man had been involved in
another accident just minutes before he hit the house, and had he not hit the house he may have
ended up in the canal.
Paul informed the police and paramedics of what had happened, and left the man in their care.
Paul demonstrated the City's Core Values ofIntegrity and Stewardship with his help. His
awareness and quick response to this situation set an example for all of us who serve the public.
Safety Coordinator:
Mark Bobich
Supervisor:
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Date: -8?-D~ 0+-
Department Head:
Safety Coordinator will present information at the next Safety Committee meeting.
DISTRIBUTION:
Employee
Department
City Manager's Office
Human Resources
Safety Committee
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III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.2.b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December] 8, 2007 December 3,2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) ~ March 4, 2008 February 19, 2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) 0 April 1,2008 March 17,2008 (Noon)
~ AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Presentation of the American Assembly Implementation Community Relations 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
Education
Infrastructure
N eighborhood Revitalization/Affordable Housing
Community Relations
Wrap-up by Commission
January 2, 2008
January 15, 2008
February 5, 2008
February 19, 2008
March 4, 2008
April 1, 2008
Complete
Complete
Complete
Complete
PROGRAM IMPACT: Depending on the sub-committee reports there are new programs and staff additions
recommended.
FISCAL IMPACT: No funds have been budgeted pending review and approval of the sub-committee
recommendations.
ALTERNATIVES: This is an informational briefing.
Department Head's Signature
.
,?7(:A-<.d IjL-<,~~'
~ City Manager's Signature
Assistant to City Manager
City Manager's Office
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Boynton Bea,cb Community R~aU()fts S"b..~_C()mmit~e M~tingMinutes
Date: 7/04/07 Time: 6:30-7:30 P.M. Boynton Beach Senior Center
Members Present: Regina Scott, Joe Peccia Jr., Peter Wallace, Phyllis Stem
Members Not Present: Jack Berger, Latoya Smith
Members present discussed the overall objective of The Boynton Beach Assembly regarding the
formation of the Community Relations Sub-Committee. After reviewing the "action items" the
committee voted to establish clarity of the Sub-Committee's expectations as per the request of the
Assembly. Suggestions were noted for developing a "Community Relations Road Show"
which wiIl be discussed on the 7/30/07 Community Relations Sub-Committee meeting being held
at the Senior Center of Boynton Beach.
Date: 7/30/07 Time: 6:30-7:30 PM Boynton Beach Senior Center
Members Present: Joe Peccia Jr., Peter WaIlace, Jack Berger Members
Not Present: Latoya Smith, Phyllis Stem, Regina Scott
Members present continued objective of developing ideas for effectively carrying out action
items given by the Boynton Beach Assembly. Action Item Recommendations are as foIlows:
Action Item: Identify means by which the citizenry and its leaders may foster a sense of
community and common purpose, unite on critical issues, and marshal their resources to take
advantage of the City's strengths and address its weaknesses.
Sub Committee Recommendation: "Community Relations Road Show"
The sub-committee agrees that in order for the Community Relations to effectively begin to
establish a "sense of community and common purpose" it is important to get to know the
communities on a more personable basis. For suggestive purposes, the sub-committee proposes
that the Community Relations Team hold meetings in specific communities. By holding meetings
within specific communities it may provide a better perspective of the needs of the community by
being visible and attentive to those of the community. In addition this may give the respective
communities a perspective on how their support wiIl help mold this city into a "gem".
Action Item: Identify any perceived divisions (geographically, economicaIly, age-wise,
ethnically and raciaIly) and develop recommendations to promote greater unity.
Sub-Committee Recommendation: Percieved? How are we as a sub-committee effectively
able to provide such information? The perceived divisions in the community are of opinionated
nature. The recommended "road show" may provide a clearer objective or indicator for what
needs to be established to promote greater unity.
Action Item: Create spaces, events, and forums for collaboration and interaction.
a. Boynton Beach is a "city of varied cultures." Develop a plan for
continuing to hold and expanding upon events that celebrate this
diversity.
b. Boynton Beach has competing centers scattered around the City.
Identify and develop strategies for promoting particular areas as the
city-center, the cultural center, library, and recreation facilities.
c. Develop ideas and identify partners for a signature event that highlights
the City's character and successes.
Sub-Committee Recommendations:
a. Community forums, events, informational galas all held in centrally located
areas/places might promote interest among the respective communities. Location suggestions:
Boynton Beach Mall, one of our local high schools.
b. The Boynton Beach Marine Wildlife and Educational Aquatic Center
c. Correlates with a and/or b
Boynton Beach Assembly 2007
COMMUNITY RELATIONS
Sub-Committee Assignments
Taken from Policy Statement Document.
COMMUNITY RELATIONS - To address cultural diversity and race
relations. External partners could be TMPU, United Way, Community
Foundation of Palm Beach, etc. This should also include community events.
Assiqnments for Community Relations:
Action Item: Identify means by which the citizenry and its leaders may foster
a sense of community and common purpose, unite on critical issues, and
marshal their resources to take advantage of the City's strengths and address
its weaknesses.
Action Item: Identify any perceived divisions (geographically, economically,
age-wise, ethnically and racially) and develop recommendations to promote
greater unity.
Action Item: Create spaces, events, and forums for collaboration and
interaction.
a. Boynton Beach is a "city of varied cultures." Develop a plan for
continuinq to hold and expandinq upon events that celebrate this
diversity.
b. Boynton Beach has competing centers scattered around the City.
Identify and develop strateqies for promotinq particular areas as
the city-center. the cultural center. library. and recreation
facilities.
c. Develop ideas and identify partners for a siqnature event that
hiqhliqhts the City's character and successes.
Action Item: Evaluate the establishment of a Community Events
Commission as a citizen-based organization to guide development and
timing of special events that are inclusive and representative of the multi-
cultural heritage of Boynton Beach.
V. ADMINISTRATIVE
ITEM A.
Brenda Lee Williams
337 NE 24th Avemie
Delray Beach, Fl33435
(561)736-3630 H (56J)704-208;{ C
bleel1'ms@hellsouth. net
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February 11. 2008
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TO: THE CITY CLERK'S OFFICE
RE: COMMUNITY RELATION BOARD
Please IlCcelJt thLv letter I~ my official resignatinnfrom the Community
Relation BOt~ai. EjJiN.:tive tJftmediate~y.
<~ 6lw~
Brenda Lee W'i1/iams
V. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 03/04/08
Last Name First Name 1 st Choice 2011 Choice 3rll Choice
Dwork Jonathan Planning & Dev. Bd.
Norfus Victor Planning & Dev Bd.
Roundtree Lesha Education & Youth Community Employees' Pension
Adv. Bd. Relations Bd. Board
Slocombe Anderson Arts Commission
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VI.-CONSENT AGENDA
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
0 December 18, 2007 December 3, 2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) ~ 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 1, 2008 March 17,2008 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
D
[8J
o
o
Administrative
o City Manager's Report
o New Business
o
D
D
Legal
Unfinished Business
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RECOMMENDATION: Motion to approve and execute by Resolution Amendment No. 1 t<F3'as~~
Order #U06-7-2 with Erdman Anthony of Florida, Inc. (d/b/a Crossroads Engineer~ ~~
Surveying). The amount of Amendment No.1 represents an aggregate of $25,210.00 from four (4f~
Supplements that were required during the design and permitting for the Lift Station
Rehabilitation Project for Lift Stations 101,202,313,404, and 610.
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
EXPLANATION: Task Order #U06-7-2 was approved by the City Commission on July 18,2007
for $ 214,821.03; subsequently, three (3) supplements for additional services were executed by the
Utilities Department under the City's approval guidelines. Supplement No. 4 brings the
accumulated value to $25,200, and therefore, requires the City Commission to execute a resolution
for Amendment No.1.
The original task order services included design, permitting, bid services, services during
construction and construction phase services. The design and permitting are 100% and the
project Bid Package was issued to Financial Services on February 7, 2008.
PROGRAM IMPACT: Due to the design and approval timing of the new electrical and telemetry
systems, the lift stations addressed in the original task order were designed using the older
electrical and telemetry requirements. Over the past year, the City began the process of changing
the electrical and telemetry requirements for our sanitary lift stations to improve and standardize
these operations as well as to lower our maintenance costs.
The Department believes that these new lift stations should be constructed using our latest
approved details and therefore has instructed Erdman Anthony of Florida (EAF) to upgrade the
existing project construction drawings to include the new electrical and telemetry systems.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The replacement lift station for LS 313 was designed by Kimley-Horn and Associates, and under
Supplement No.4, Erdman Anthony re-engineered the applicable system components to include
the new electrical and telemetry.
FISCAL IMPACT: Once the EAF Supplement No.4 is approved, the purchase order will be
increased by $2,500.00. Funds are available in Utilities Account #403-5000-590-96-04 SWRI05.
SUMMARY OF PROJECT FUNDING
Description
Amount Approval
Dates
$ 214,821.03 7/18/06
$ 9,000.00 12/13/06
$ 4,000.00 5/20/07
$ 9,710.00 11/1/07
$ 2,500.00 217/08
Task Order #U06-7-2
Supplement No.1
Lift Station Sketch & Legal descriptions for easements
Supplement No.2
Additional geotechnical investigation
Supplement No.3
LS 202 relocation
Supplement No.4
Lift station electrical and telemetry changes
TOTAL $ 240,031.03
* Copies of the individual EAF Supplement Nos. 1,2,3 and 4 are attached to this AIRF.
AL TERNA TIVES: There are no alternatives. The replacement or rehabilitation of the five (5)
lift stations within this task order are necessary for the City to bring the lift stations up to current
standards, alleviate low flow rates and associated stagnation and odor caused by an aging system.
The lift stations re generally located in high growth areas and the City must be prepared to meet
future demand
~'
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v
Kurt Bressner,
City Manager
zt,t
Kofi :IJO'ateng,
Utilities Director
Utilities
Department Name
City Attorney / Finance / Human Resources
bc: Kofi Boateng, P. E., Utilities Director
~Peter Mazzella, Deputy Utilities Director
Chris Roschek, P. E., Engineering Division Manager
Barb Conboy, Manager Utilities Administration & Finance
Paul Fleming, PMP, Senior Project Manager
PMT File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING EXECUTION OF AMENDMENT NO.1
6 TO TASK ORDER NO. U06-7-2 IN THE AMOUNT OF
7 $25,210.00 WITH ERDMAN ANTHONY OF FLORIDA,
8 INC., (D/B/A CROSSROADS ENGINEERING &
9 SURVEYING) FROM FOUR SUPPLEMENTS THAT
10 WERE REQUIRED DURING THE DESIGN AND
11 PERMITTING FOR LIFT STATION
12 REHABILITATIONS AND REBUILD PROJECT FOR
13 LIFT STATIONS 101, 202, 313, 404 AND 610; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, on July 18, 2006, the City Commission approved Task Order #U06-7-2
18 with Erdman Anthony of Florida, Inc., for professional engineering services to recommend
19 and determine the most effective method for replacement or rehabilitation of three of the five
20 existing lift stations; and
21 WHEREAS, subsequently, three supplements for additional services were executed
22 under the City's approval guidelines and supplement No.4 instructs Erdman Anthony of
23 Florida to upgrade the existing project construction drawings to include the new electrical
24 and telemetry systems; and
25 WHEREAS, the City Commission of the City of Boynton Beach upon
26 recommendation of staff, deems it to be in the best interest of the citizens of the City of
27 Boynton Beach to authorize execution of Amendment No.1 to Task Order U06-7-2 in the
28 amount of $25,210.00 with Erdman Anthony of Florida, Inc. (d/b/a Crossroads Engineering
29 & Surveying).
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S\CA\RESOlAgreementsITask - Change OrderslErdman Anthony-Amendment 1 to Task Order U06-7-2,doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
41
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution of Amendment No.1 to Task Order
6 U06-7-2 in the amount of $25210.00 with Erdman Anthony of Florida, Inc.. (d/b/a
7 Crossroads Engineering & Surveying) for additional engineering services to provide design,
8 permitting, bidding and construction phase services for Lift Station Rehabilitations and
9 Rebuild Project for Lift Stations 10 L 202. 313, 404 and 610, a copy of which is attached
10 hereto as Exhibit "A".
11
Section 3.
This Resolution shall become effective immediately upon passage.
12
PASSED AND ADOPTED this.__ day of March 2008.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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33
34
35
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S\CA\RESO\Agreements\Task - Change Orders\Erdman Anthony-Amendment 1 to Task Order U06-7-2 doc
AMENDMENT NO. 1
Supplemental to
Task Order No. U06-7-2
Lift Station 101, 313, 202, 404 and 610
A. Background
Sketch and legal descriptions are desired for the proposed lift stations 101,404 and 610.
B Scope of Services
The CONSULTANT will investigate the existing conditions including the following for LS 101,
404 and 610:
1. field locate the property lines to which the easements will be tied.
2. Write a legal description and prepare an accompanying sketch for a 30 foot by 30 foot
easement to surround the proposed lift stations. Note that the actual size for lift station
610 may be larger to include the existing dosing system. Provide 3 copies of the sketch
and legal descriptions on 8.5 inch by 11 inch paper, signed and sealed by a Florida
professional surveyor and mapper.
3. An additional sketch (without any legal descriptions) will be prepared showing the
following items for the CITY's use in negotiating with the property owners:
· Existing lift station area that is occupied by the CITY.
· The proposed easement will also be shown.
· The new area being acquired by the CITY.
· The surplus area being vacated by the CITY.
C. Assumptions
In addition to the work items discussed above, the following assumptions were made in
establishing the scope of this Amendment and associated fee. Changes and/or modifications in
the above work items or these assumptions are considered an Additional Services Item under the
terms of the contract. Assumptions include:
1. The CITY will prepare the legal document for the easement dedication to which this
sketch and legal description will be attached.
2. The CITY will secure the property owner's signature on the easement documents.
3. The CITY will record the easements in the Palm Beach County public records.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18, 2003 between the
City of Boynton Beach and Crossroads Engineering & Surveying (Resolution 03-182), assigned
TASK ORDER NO.2 - Lift Station 101, 313, 202, 404, and 610 Replacements
to Erdman Anthony of Florida, Inc. on June 15,2004 (Resolution R04-089) and extended by the
City Commission on February 21, 2006 (Resolution R06-0S0).
E. Additional Services
A condition contrary to the work description in Section B or assumptions of Section C (upon
which the design fee is based) is considered an Additional Services item. Other services can be
provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task
Order. Services performed will be on an as-directed basis in accordance with a written Notice to
Proceed from the CITY.
F. Obligations of the CITY
The CITY shall review all drawings and other documents presented by CONSULTANT and
obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for
such review and render decisions pertaining thereto within reasonable time so as not to delay the
services of CONSULTANT.
G. Compensation
In accordance with the above mentioned Agreement, compensation by the CITY to the
CONSULTANT will be on a lump sum basis of $3,000.00 per lift station sketch and legal
description for a total of $9,000.00.
H. Schedule
The CONSULT ANT will commence services upon receipt of written authorization and will
complete all work associated with this Task Order in 30 days from authorization to proceed.
K:\Business-Development\Proposals\Boynton Beach\2 Year gen.consulLcontract\LS 202 404 61 O\LS 202 404610 Easements,doc
')
.
TASK ORDER NO.2 - Lift Station 101,313,202,404, and 610 Replacements
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By: KA- ~~-~ ~
~ateng, PE
Utilities Director
Dated this \ ~
day of
~c v--~ ,2006
SUBMITTED BY:
ERDMAN ANTHONY OF FLORIDA INC.
d/b/a CROSSROADS ENGINEERING & SURVEYING
By: D~~l~E' PSM
Principal Associate
3
Supplemental Agreement 2 to
Task Order No. U06-7-2
Lift Station 101, 313, 202, 404 and 610
A. Background
Additional soil testing is desired for the proposed lift stations 202. Title searches have revealed
existing easements for LS 610 that the surveyors need to plot.
B Scope of Services
The CONSULTANT will investigate the existing conditions including the following for LS 101,
404 and 610:
1. See the attached scope of services from Dunkelberger Engineering & Testing.
2. Plot the easement recorded in OR Book 9135 at page 1078 onto the proposed plans.
C. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18, 2003 between the
City of Boynton Beach and Crossroads Engineering & Surveying (Resolution 03-182), assigned
to Erdman Anthony of Florida, Inc. on June 15,2004 (Resolution R04-089) and extended by the
City Commission on February 21, 2006 (Resolution R06-050).
D. Compensation
In accordance with the above mentioned Agreement, compensation by the CITY to the
CONSULTANT will be on a lump sum basis of $4,000.00.
E. Schedule
The CONSULTANT will commence services upon receipt of written authorization and will
complete all work associated with this Task Order in 30 days from authorization to proceed.
K:\Business-Development\Proposals\Boynton Beach\2 Year gen.consult.contract\LS 202404 610\LS 202 404 610 SA2,doc
TASK ORDER NO.2 - Lift Station 101, 313, 202, 404, and 610 Replacements
APPROVED BY:
::Y~YNN:~~R~:X
Ko 1 Boateng, PE
Utilities Director
~
Dated this 7-0 day of
~
,~006
,/lpp 7
SUBMITTED BY:
ERDMAN ANTHONY OF FLORIDA INe.
d/b/a CROSSROADS ENGINEERING & SURVEYING
By: ~~
Dana 1. Gillette, E, PSM
Principal Associate
2
()~E T
DUNKELBERGER ENGINEERING & TESTING, INC.
Erdman Anthony of Florida, Inc.
1402 Royal Palm Beach Boulevard
Building 500
Royal Palm Beach, FL 33411
April 19, 2007
Project No. 06-21-6497
Attention:
Ms. Dana Gillette, P.E., P.S.M.
Subj ect:
Proposal for Additional Subsurface Exploration Services
Lift Station 202 Alternate Site
Boynton Beach, Florida
Dear Ms. Gillette:
Further to discussions with you on April 17, 2007, Dunkelberger Engineering & Testing, Inc.
(DE&T) is submitting this proposal for supplemental subsurface exploration services in
connection with Lift Station 202 in Boynton Beach, Florida.
We understand that an alternative location for the structure is being sought along Lake Drive to
provide more favorable subsurface conditions than were encountered at the original site. The
new location exists on the south side of Lake Drive some 80 feet westward of the old. The
footprint of the new site will be about 18 feet (north-south) by 45 feet (east-west).
We propose to explore the new footprint using three Standard Penetration Test (SPT) borings.
Two of the borings will be drilled to the surface of the co quinoid limestone formation which we
expect to exist at about 25 feet below grade. The third boring will be drilled to 40 feet below
grade.
The work product of this latest effort will be an engineering data report which transmits the most
recent subsurface information and presents our opinion concerning the most reasonable options
that are available for construction of the station's wet well.
Weare in a position to begin the additional subsurface exploration within three business days of
receiving your notification to proceed. Barring weather related delays, we expect that the field
work can be accomplished in two days. The engineering data report will be submitted about two
days after the field exploration is complete.
We propose to perform the additional subsurface exploration for a fixed fee of $2,755. A
breakdown of the fee is given on the following page.
1225 Omar Road, West Palm Beach, Florida 33405 . Phone (561) 689-4299 · Fax (561) 689-5955
Erdman Anthony of Florida, Inc.
Project No. 06-21-6497
Page 2
. Underground utility clearance
Staff Engineer, 4 hours @ $65.00/hour .............................................$ 260.00
. Mobilization/Demobilization of drilling equipment
1 @ $250.00/each .............................................................................. 250.00
. SPT borings (3 total)
90 feet @ $11.00/foot ....................................................................... 990.00
. Casing of borings
75 feet @ $5.00/foot ......................................................................... 375.00
. Grouting of boreholes
90 feet @ $4.00/foot ......................................................................... 360.00
. Staff Engineer
8 hours @ $65 .OO/hour..................................... ................................. 520.00
Total: ........................$ 2,755.00
Invoices for the services that will be rendered are due and payable upon receipt. Invoices not
paid within 30 days of their date will be assessed a finance charge of one percent per month, or
fraction thereof, for each month beyond 30 days past due. Invoices not paid within 60 days will
result in DE&T stopping work until such invoices are paid in full. Invoices not paid within 90
days of their date will be referred for collection. The client will be responsible for all expenses
incurred by DE&T in the collection of any unpaid invoice, including the actual attorneys' fees
and costs charged by our legal counsel.
Other terms and conditions pertaining to the engagement of our services are discussed in the
General Conditions, Attachment 2. The General Conditions are hereby incorporated into and
made a part of this proposal.
000
()~E T
Erdman Anthony of Florida, Inc.
Project No. 06-21-6497
Page 3
We appreciate the opportunity to be of continued service. We trust that the proposal contents are
clear and understandable. Should they require any clarification or amplification, however, please
contact us.
If the proposal is satisfactory, kindly sign in the space provided below and return one of the
copies to our office.
Very truly yours,
DUNKELBERGER ENGINEERING & TESTING, INC.
f:::'Lf!:r
Geotechnical Services Manager
Th~?r
Principal Engineer
6497p:vrns
Attachment: General Conditions
cc: Addressee (2) ... via fax and u.s. Mail
Accepted this
day of
,2007.
Company
Signature
Name and Title
I)~E T
Supplemental Agreement 3 to
Task Order No. U06-7-2
Lift Station 101, 313, 202, 404 and 610
A. Background
Based on the soil conditions in the area of Lift Station 202, the location of the proposed station is
being moved to the south west comer of Lake Street and Via Lago.
B Scope of Services
1. The CONSULTANT will field review the area and recommend a precise location to
minimize impacts to existing trees, walls and walks.
2. The CONSULTANT will modify the plans to reflect the new location including revising
the layout to fit within the space available between the right of way line and the
pavement, propose changes to the curb, gutter and sidewalk, and adjust the gravity sewer
location, profile for the gravity sewer, force main location, water service line, and electric
service, as appropriate.
3. The CONSULANT will review the foundation requirements with the geotechnical
engineer, structural engineer, and a contractor and make a recommendation as to the
proposed foundation.
4. The CONSULTANT will incorporate walls along the sides of the proposed lift station
enclosure that match the existing walls along Via Lago and a sliding chain link gate along
the front of the station facing the street. The CONSULTANT will provide wind load
calculations and specifications for the wall.
5. The CONSULTANT will update the cost estimate.
6. The CONSULTANT will review the change with the permit agencies and address any
modifications required.
7. The CONSULTATNT will participate in a meeting with the City and residents in the
vicinity to assist the City in explaining to the community the scope and impact of the
proposed project. The CONSULT ANT will prepare up to three exhibits for the meeting
and handouts if desired by the City. Together with City officials, the CONSULTANT
attend the meeting with the public to answer questions.
C. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18, 2003 between the
City of Boynton Beach and Crossroads Engineering & Surveying (Resolution 03-182), assigned
to Erdman Anthony of Florida, Inc. on June 15,2004 (Resolution R04-089) and extended by the
City Commission on February 21,2006 (Resolution R06-050).
D. Compensation
In accordance with the above mentioned Agreement, compensation by the CITY to the
CONSULTANT will bean a lump sum basis of $9,710.00.
E. Schedule
The CONSULTANT will commence services upon receipt of written authorization and will
complete all work associated with this Task Order in 30 days from authorization to proceed.
K:\Business-Development\Proposals\Boynton Beach\2 Year gen.consult.contracN.S 202404 61O\LS 202404610 SA3.doc
TASK ORDER NO.2 - Lift Station 101,313,202,404, and 610 Replacements
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
~ ~-,~
K~oateng, PE
Utilities Director
Dated this \ U-' day of ~~~
By:
,2007
SUBMITTED BY:
ERDMAN ANTHONY OF FLORIDA INC.
By: ~~l~E. PSM
Principal Associate
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Supplemental Agreement 4 to
Task Order No. U06-7-2
Lift Station 101, 313, 202, 404 and 610
A. Background
The City of Boynton Beach has made some changes to their standard lift station equipment and details
including the control panels and the telemetry. Therefore, the plans for the lift station projects need to be
updated to match these new equipment specifications.
B Scope of Services
I. Review the latest City lift station electrical standard details.
2. Revise the electrical detail sheets previously prepared in accordance with the latest City
standards.
3. Include LS #313 within Smith's electrical design.
C. Contract Reference
This Task Order shall be performed under the terms and conditions described within the Agreement for
General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach
and Crossroads Engineering & Surveying (Resolution 03-182), assigned to Erdman Anthony of Florida,
Inc. on June 15, 2004 (Resolution R04-089) and extended by the City Commission on February 21, 2006
(Resolution R06-050).
D. Compensation
In accordance with the above mentioned Agreement, compensation by the CITY to the CONSULT ANT
will be on a lump sum basis of $2500.
E. Schedule
The CONSULTANT will commence services upon receipt of written authorization and will complete all
work associated with this Task Order in 30 days from authorization to proceed.
By:
ACH, FLORIDA
~
Kofl Boateng, PE
Utilities Director
<'L tt=- ~~ L"tz;: L~
Dated this ,- day of ~~
,2008
SUBMITTED BY:
ERDMAN ANTHONY OF FLORIDA INC.
By:
~Ql{& ~
Dana I. Gillette, E, PSM
Principal Associate
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D December 18, 2007 December 3, 2007 (Noon) D
D January 2, 2008 December 17,2007 (Noon) ~
D January 15,2008 December 31, 2007 (Noon) D
D February 5, 2008 January 14,2008 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 19,2008
February 4, 2008 (Noon)
March 18, 2008
February 19,2008 (Noon)
C")
March 3, 2008 (Noon) c-:; -l
0
CO ~-<
March 17,2008 (Noom -<0
C")"Tl
CO ltP
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c.n ;0-<
0 City Manager's Report :~;c
. -<
0 New Business ~ rflo
0:;;::::
- "Tltp
0 Legal c;? ~rn
D Unfinished Business :;:- nJ>
CD l"'1C")
D :t:
March 4, 2008
April 1, 2008
NATURE OF
AGENDA ITEM
D Announcements/Presentations
o Administrative
~ Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
RECOMMENDATION: Approve the agreement to hire a public artist to create concepts and an implementation plan for
Jaycee Park Interpretive Public Art Markers.
EXPLANA TION: The Public Art Ordinance 07-002 requires all development and redevelopment projects to comply with a
1 % public art fee. 70% of the 1 % can be applied to the public art component in the project. Jaycee Park, subject to the Public
Art ordinance, is participating by contributing to the creation and implementation ofInterpretive Public Art Markers.
PROGRAM IMPACT: Applying Public Art to interpretive markers for Jaycee Park will contribute to public education and
awareness of the Parks historical significance, mangrove mitigation and environmental qualities in an esthetic and
meaningful way.
FISCAL IMPACT: The artist agreement, to create and propose an implementation plan for interpretive markers for Jaycee
Park, is $10,000.00. The fees for this project will come from the funds allocated for Jaycee Park in account # 302-4299-580-
63-05 CP 0513.
ALTERNATIVES: To not approve the artist agreement for the Jaycee Park Interpretive Public Art Marker.
ATTACHMENTS:
Jaycee Park Interpretive Public Art Marker artist agreement.
Exhibit A - Jaycee Park Interpretive Public Art Marker call to artists RFQ.
lJd4v; tti~J /llvtrtWj
Departinent Head's Signature
/1: ~~~ VtA-~ --
CIty Manager's Signature
Assistant to City Manager ~
1f1#
City Attcfney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
2 RESOLUTION NO. R08-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA,
7 APPROVING AN AGREEMENT TO HIRE A PUBLIC
8 ARTIST BETWEEN THE CITY OF BOYNTON BEACH
9 AND LUCY KESHAVARZ, TO CREATE CONCEPTS
10 AND AN IMPLEMENTATION PLAN FOR JAYCEE
] ] P ARK INTERPRETIVE PUBLIC ART MARKERS IN
]2 THE AMOUNT OF $10,000.00; AND PROVIDING AN
] 3 EFFECTIVE DATE.
]4
IS
]6 WHEREAS, Jaycee Park is participating in the Public Art Ordinance 07-002 by
17 contributing to the creation and implementation of Interpretive Public Art Markers; and
] 8 WHEREAS, the City Commission of the City of Boynton Beach, upon
19 recommendation of staff, deems it to be in the best interests of the residents and citizens of
20 the City of Boynton Beach to approve the Agreement between the City of Boynton Beach
21 and Lucy Keshavarz in the amount of $10,000.00 for the concept creation and
n implementation plan for Jaycee Park Interpretive Public Art Markers.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
Each Whereas clause set forth above IS true and correct and
26 incorporated herein by this reference.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby approve and authorize the execution of the Agreement between the City of Boynton
29 Beach and Lucy Keshavarz in the amount of $10,000.00 for the concept creation and
30 implementation plan for Jaycee Park Interpretive Public Art Markers, a copy of said
S\CA\RESO\AgreementslJaycee Park- Public i\rtist.doc
Agreement is attached hereto as Exhibit "A".
2
Section 3.
That this Resolution shall become effective immediately upon
3 passage.
4 PASSED AND ADOPTED this _ day of March, 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 1. Hay
19
20
21 Commissioner - Marlene Ross
22 ATTEST:
23
24
25 Janet M .Prainito, CMC
26 City Clerk
27
28
29 (Corporate Seal)
30
31
S:\CA\RESO\Agreementswaycee Park- Public Artist.doc
EXHIBIT A
The City of Boynton Beach
Public Art Project
REQUEST FOR QUALIFICATIONS
for
Jaycee Park
Interpretive Public Art Markers
CITY MANAGERS OFFICE
Public Art Administrator
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
phone (561) 742-6026 fax (561) 742-6089
email colesdobayd@cLboynton-beach.fl.us
www.boynton-beach.org
PROJECT Jaycee Park,
A Neighborhood Park on the Intracoastal Waterway
HOST City of Boynton Beach Art In Public Places and Recreation and Parks
DEADLINE January 15, 2008
PROJECT OVERVIEW
The City of Boynton Beach's Art in Public Places and Recreation & Parks invites qualified art-
ists and/or artist teams to submit qualifications to demonstrate their ability to create Interpretive
Public Art Markers for Jaycee Park. The Interpretive Public Art Marker is purposed to educated
the public on the historical use mangrove mitigation and environmental qualities of the Park.
Jaycee Park has been the focus of both City and County land preservation. The site was used
as a mitigation area to plant mangrove seedlings important to South Florida's ecosystem. The
park has historical significance to educate the public about the importance of the Intracoastal
Waterway to life in South Florida.
Other park features include a paved access road, 18 space parking lot, restrooms, pavilion
playground, paved sidewalk, open play field, educational kiosk, fishing pier, boardwalk and
small boat day-dock.
ART LOCATION
Jaycee Park
2600 South Federal Hwy., Boynton Beach, Florida
Construction underway on existing park land. Park entrance is accessed from Federal Hwy.
Interpretative Public Art Markers will be located in park primarily in area closest to the mangroves and
Intracoastal Waterway. Interpretative Public Art Markers are targeted for placement along the pathway
but is not limited to pathway.
PUBLIC ART SPECS
The Interpretative Public Art Marker project will be coordinated with a Site Interpretation Pro-
fessional. Both artist and interpretative representative will meet to create interpretative con-
cepts and themes. Both parties will then coordinate with the City's Public Art Administrator and
Recreation and Park superintendent to execute the project. This interpretative representative
will be responsible for the text portion of the project focusing on the research of existing his-
torical, cultural and ecological research. The Public Artist will be responsible for the visual im-
pact for the interpretative markers. Both parties will collaborate on the fabrication materials,
location and number of the Interpretative Markers. Once concepts and budgets are approved
and a budget is established, the public artist will fabricate, install and provide maintenance
recommendations for the Interpretative Public Art Markers.
BUDGET $ 10,000.00
The budget is to collaborate with the Site Interpretative professional to create concepts, rec-
ommend materials and fabrication for the Interpretative Public Art Markers. An additional
budget will be used to fabricate and install the Interpretative Public Art Markers.
On a CD provide minimum image dimensions min 4 inch, max 10 inch with common as-
pect ratio sizes preferred. Jpeg or PNG 150 DPI min, 300 DPI max save Jpeg as maxi-
mum size. PDF file format is also acceptable. Number the images with artist name
lastname.jpeg etc. Copy files can be provided as word, rft, or pages file formats saved
on the CD. Print outs can be made directly from computer or provided a color copies.
SEND INFORMATION TO:
Debby Coles-Dobay
Public Art Administrator
Art in Public Places,
Enriching our Community through Public Art.
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
561 742 6026
colesdobayd @ci.fl.boynton-beach.fl.us
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AGREEMENT
THIS AGREEMENT, dated the
between:
day of
, 2008, is by and
CITY OF BOYNTON BEACH, a municipal corporation, organized and operating pursuant to the laws
of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beach.
Florida 33435, hereinafter referred to as "CITY".
and
Lucy Keshavarz, Art & Culture Group, with an address of 66 Saint James Drive, Palm Beach
Gardens, Florida 33418 hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter
collectively be referred to as the "Parties."
WITNESSETH:
In consideration of the mutual terms and conditions, promIses, covenants and payments
hereinafter set forth, CITY and ARTIST agree as foIlows:
WHEREAS, CITY desires to obtain professional services from a local artist for the creation of
public art concepts and a proposal to implement a program for the Jaycee Park Interpretive Public Art
Markers; and
WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to
provide the CITY with the services relating to the public art project in a professional and artistic
manner; and
WHEREAS, ARTIST has stated an interest in working on the creation of public art concepts
and proposal to implement the Jaycee Park Interpretive Public Art Markers for the CITY: and
WHEREAS, the CITY desires to commission the ARTIST to create public art concepts and a
proposal to implement the Jaycee Park Interpretive Public Art Markers; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained and other good and valuable consideration, the receipt of which is hereby
acknowledged, it is agreed herein between the Parties hereto as follows:
ARTICLE 1
1.1. RECITALS: Each "whereas" clause set forth above IS true and correct and herein
incorporated by this reference.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1. ARTIST hereby agrees to create a concept and proposal to implement for Jaycee Park
Interpretive Public Art Markers, or other services which may otherwise be required, as further
enumerated in the Scope of Services set forth in Article 3 herein below.
Page 1 of 7
2.2. The Jaycee Park Interpretive Public Art Markers shall be located at such location within the
CITY as designated by the CITY.
2.3 . ARTIST shall furnish all servIces and labor necessary and as may be required III the
performance of this Agreement.
2.4. ARTIST hereby represents to CITY, with fuII knowledge that CITY is relying upon these
representations when entering into this Agreement with ARTIST, that ARTIST has the professional
expertise, talent, experience and manpower to perform the services to be provided by ARTIST
pursuant to the terms of this Agreement.
2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement,
including but not limited to the Jaycee Park Interpretive Public Art Marker concept, is an original
creation and does not infringe upon or violate any copyrights or other rights of any person, firm or
organization.
2.6. The CITY recognizes the ARTIST's rights pursuant to the Federal Visual Artist Rights Act of
1990, known as "V ARA". The CITY will not intentionaIly distort and/or modify the public art
concept where the modification or distortion would prejudice the ARTIST's honor or reputation.
2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of
the public art, in any manner the CITY sees fit. The CITY agrees not to sell the public art concept to a
third-party for monetary gain. The CITY may transfer ownership of the public art concept to another
governmental entity or to a not for profit corporation.
2.8. The CITY agrees to give the ARTIST full acknowledgement and credit as the creator of the
Jaycee Park Interpretive Public Art Markers concept.
2.9. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the
Jaycee Park Interpretive Public Art Markers concept.
2.10. ARTIST may not hire or utilize the services of any sub-contractor, employee or other
individual to assist the ARTIST in performing services under this agreement without the prior written
approval of the CITY.
ARTICLE 3
SCOPE OF SERVICES
ARTIST shall perform the foIlowing services in accordance with this Agreement with CITY as
foIlows:
3.1. AIl work performed under this Agreement shall be done in a professional manner.
3.2. The Jaycee Park Interpretive Public Art Markers concept shaH be produced to the CITY's
satisfaction and in conformity with the appropriate moral and ethical standards for the community in
which the CITY is located. The CITY shaH have the right to approve and/or reject the Jaycee Park
Interpretive Public Art Markers concept or any portion thereof.
Page 2 of7
3.3 The ARTIST shaH perform and provide services as set forth in the Request for Qualifications
dated January 14,2008, a copy of which is attached hereto as Exhibit "A".
ARTICLE 4
TERM AND TERMINATION
4. I. This Agreement shall take effect as of the date of execution as shown herein below and shall
end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof.
4.2. This Agreement may be terminated by the CITY for cause or convenience, upon ten (10) days
written notice by the CITY to ARTIST. In the event that this agreement is terminated by the CITY for
convenience, the CITY agrees to compensate the ARTIST for all completed work. Should the
ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CITY
against any loss pertaining to this termination.
4.3. All documents and plans belonging to the CITY will be furnished to the CITY upon completion
and/or termination of the Agreement, whichever occurs first.
4.4. The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of
the Jaycee Park Interpretive Public Art Markers concept shall survive the termination of this
Agreement.
ARTICLE 5
COMPENSA TION
The CITY shall provide compensation and/or payments to the ARTIST at a deposit of 1/2 of
$10,000.00 to begin the project with the balance upon completion of a proposal for the implementation
of the Jaycee Park Interpretive Public Art Markers. Time line for project completion is two months
from signature of agreement.
ARTICLE 6
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
CITY or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of
Services to be provided under this Agreement. Such changes or additional services must be in
accordance with the provisions of the CITY's Code of Ordinances and must be contained in a \Nritten
amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith
prior to any deviation from the term or scope of this Agreement, including the initiation of any
additional or extra work. In no event will ARTIST be compensated for any work which has not been
described in a separate written agreement executed by the Parties hereto.
ARTICLE 7
MISCELLANEOUS
7.1. Insurance. Professional liability insurance shall be maintained during the life of this contract to
comply with statutory limits for all employees, and in the case any work is sublet the ARTIST shall
require the sub-Contractors similarly to provided.
Page 3 of 7
A. ARTIST shaIl secure and maintain in force, throughout the duration of this contract,
professional liability insurance with a minimum coverage of $1,000,000. (all professional
contract services).
B. Said general liability policy shall name the City of Boynton Beach as an additional insured and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days
prior written notice to the City.
c. ARTIST shall furnish the City with a certificate of insurance after award has been made prior to
the start of any work for the City. Said insurance companies must be authorized to do business
in the State of Florida and the City will not accept any company that has a rating less than B+
in accordance with A.M. Best's Key Rating Guide, latest edition.
D. Reference Insurance Advisory Form for additional types of insurance and limits required. The
City reserves the right to require additional types of insurance, or to raise or lower the stated
limits, based upon identified risk.
If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of
such exemption along with a written request for CITY to exempt ARTIST, written on
ARTIST's letterhead.
7.2. Independent Contractor. This Agreement does not create an employee/employer
relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent
contractor under this Agreement and not the CITY's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment
of the manner and means of carrying out ARTIST's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this Agreement shall be
those of ARTIST, which policies of ARTIST shall not conflict with CITY, State, or United States
policies, rules or regulations relating to the use of ARTIST's funds provided for herein. The ARTIST
agrees that it is a separate and independent enterprise from the CITY, that it had fuIl opportunity to
find other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shaIl not be construed as creating any
joint employment relationship between the ARTIST and the CITY and the CITY will not be liable for
any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or
overtime premiums.
7.3. Assignments.
7.3.1. This Agreement, or any interest herein, shaIl not be assigned, transferred or otherwise
encumbered, under any circumstances, by ARTIST without the prior written consent of CITY.
However, this Agreement shall run to the CITY and its successors and assigns.
7.3.2. It is further agreed that 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 formality and of equal dignity herewith.
Page 4 of7
7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the ARTIST to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or
firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
F or the breach or violation of this provision, the CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover the full
amount of such fee, commission, percentage, gift or consideration.
7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by registered United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the places last specified, and that places for
giving of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions of this section. For the present, the ARTIST and the CITY designate the following
as the respective places for giving of notice:
CITY:
Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone No. (561) 742-60 I 0
Facsimile No. (561) 742-6011
Copy To:
James A. Cherof~ City Attorney
Goren, Cherof~ Doody & Ezrol, P,A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
ARTIST:
Telephone No. ~~_______
7.6. Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has the 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.
7,7. Headings. Headings herein are for convenience of reference only and shall not be
considered on any interpretation of this Agreement.
7.8. Severability. If any provision of this Agreement or application thereof to any person or
situation shaIl 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 shaIl not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
Page 5 of 7
7.9. Governing Law. This Agreement shaIl be governed by the laws of the State of Florida
with venue lying in Palm Beach County, Florida.
7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this
Agreement, each party shaIl bear its own attorney's fees and costs.
7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the ARTIST and supersedes all prior negotiations, representations or
agreements, either written or oral.
7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall
not discriminate against any firm, employee or applicant for employment or any other firm or
individual in providing services because of sex, age, race, color, religion, ancestry or national origin.
7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this
contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require
strict compliance at any time, notwithstanding any prior failure to do so.
7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and the same instrument.
7.15. Usage Rights: After final acceptance of the artwork by the CITY, the following artists'
rights shaIl be guaranteed:
-Maintenance of public artworks shall be the responsibility of the CITY or developer or
property association and not the ARTIST. The responsible party shall make reasonable
efforts to maintain the artwork in good repair. The responsible party shall attempt to
consult the ARTIST on major repairs.
-The artwork shall not be altered, modified, removed or relocated from a site integral to the
concept for the work without first consulting with the ARTIST, if reasonably possible. If a
work, nevertheless, has been significantly altered, the ARTIST shall have the right to
disclaim authorship.
-Copyright of the artwork shall belong to the creator(s), but the CITY or developer or property
association shaIl be granted the right to make two-dimensional reproductions for non-
commercial purposes.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
Page 6 of7
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year
first written above.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
BY:
JANET PRAINITO. CITY CLERK
KURT BRESSNER, CITY MANAGER
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
ARTIST
WITNESSES:
BY:
Print Name:
Title:
STATE OF FLORIDA
: ss:
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments.
personaUyappeared as of ~__~__,.,_.
who is personaUy known to me or who has produced as
identification, and acknowledged executing the foregoing Agreement as the proper official of
for the use and purposes mentioned therein and that the instrument is the act and deed
of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this day of . 2008.
(Signature of Notary Public - State of Florida)
-
(Print, Type or Stamp Commission Name of Notary Public)
Page 7 of7
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 18, 2007 December 3,2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17, 2007 (Noon) [8J 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) 0 April 1, 2008 March 17,2008 (Noon)
r)
NATURE OF
AGENDA ITEM
D
o
~
D
D
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
D
o
D
D
D
City Manager's Report
New Business
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Legal
Unfmished Business
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RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service O~id~ity
Limits with Waiter & Joan Crooks for the property at 1111 Ridge Rd, Lantana, and FL. The Crooks wetHtas &lFP, is
unable to produce water and is disconnected. They have no other means of potable water available and we are re1plesting
that this water service agreement be approved after the fact.
Public Hearing
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the Unincorporated
Palm Beach County area. Only potable water is available for connection to the property at this time due to recent
water main improvements constructed by the County a few years ago. (See location map).
Water service areas have been agreed upon between the County and the various local utilities. We are required to
provide water to anyone within our service area when requested. Customers outside of the City Limits pay an
additional 25% surcharge.
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
(?L
one. This parcel is within the Utilities service area.
tj/
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:LL..... .. . ".
City Manager's Signature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney / Finance
XC: Peter Mazzella
City Attorney
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
2
RESOLUTION NO. R08-
^\
.J
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, AUTHORIZING AND DIRECTING
6 EXECUTION OF AN AGREEMENT FOR WATER
7 SERVICE OUTSIDE THE CITY LIMITS AND
8 COVENANT FOR ANNEXA TION BETWEEN THE
9 CITY OF BOYNTON BEACH AND WALTER & JOAN
10 CROOKS; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City Limits, but within
14 our water and sewer service area, for the property located at 1111 Ridge Road, Lantana,
15 Florida; and
16 WHEREAS, the subject parcel is a single family home located in the unincorporated
17 Palm Beach County area; and
18 WHEREAS, only potable water is available for connection to the property at this
19 time due to recent water main improvements constructed by Palm Beach County:
20 WHEREAS, City policy requires annexation of the property to be serviced at the
21 earliest practicable time, as a condition of the granting of water services outside its
22 jurisdictional limits; and
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
y
~)
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 Manager is hereby authorized and directed to execute a
29 Water Service Agreement between the City of Boynton Beach, Florida and Walter & Joan
S\CA\RESOIAgreemcntsIWater Servlce\Crooks Water Scrvlcc !\gr doc
Crooks, said Agreement being attached hereto as Exhibit "A".
2
Section 3.
This Resolution shan become effective immediately upon passage.
3 PASSED AND ADOPTED this _ day of March, 2008.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor - Jerry Taylor
9
10
11 Vice Mayor - Jose Rodriguez
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Woodrow 1. Hay
18
19
20 Commissioner - Marlene Ross
21 Attest:
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Crooks Water Service Agr.doc
Tl--IlS INSTRUMENT PREPARED BY:
hmo, i\, Cheraf. Esquire
Goren, Cherof, Doody & Ezrol, P_A
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA TION
, THIS AGREEMENT made on this -!I- day of /C !;;/d.C! / ../ ,20,0 ~' , by and between
Lh 1.1f'( j) " -t:"~,, t71 ('" ';;,lG) hereinafter caIl'ed the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter caIled
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customers
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of \vater
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as foIlows:
1. The City agrees to provide Customer with water service from its I'vfunicipal \Vater
System to service the real property described as follows and which Customer represents is o\vncd by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are -4- Equivalent Residential
Connections which City shaIl service.
3. The Customer agrees to pay all costs and fees of engineering, matelial, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perfoml the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the cormections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for arniexation. Customer will
inform any and all assigns or purchasers of any or part ofthis property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
-
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shan have no liability in the event there is a reduction,
impainnent or termination in water service to be provided under this Agreement due to any
SICA \AGMTS\ Water Service\Waler Service Agreement - Rev 1-6-06.doc
2
prohibitions, restrictions, limitations orrequirements oflocal, regional, State or Federal agenciesJl
otller agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold hanl1]ess the City <)]
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individuaf and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or 111
connection with post judgment coIIection) and costs rising out of or resulting fTom the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach ill
warranty of title.
12. No additional agreements or representations shaII be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLAJ'\lK)
S:..CA\AGMTS\Water Service\Water Service Agreement - Rev] -6-D6,doc
3
Palm Beach County Property Appraiser Property Search System
Page 1 ofl
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Property Information
Location Address: 1111 RIDGE RD
W~e~b'.lJ?k;'if.,_-J
[~=~~I~ ,]
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0400
Subdivision: RIDGE GROVE IN
Official Records Book: 06583 Page: 1843
Legal Descrigtkm: RIDGE GROVE L T 40
Owner Information
Name: CROOKS WALTER D III JOAN M
Sale Se -1990
Date: P
~"i'A,;~'!~Q,~}t~!l"'''ii J
Mailing Address: i447 WOODSIDE DR
WEST ~ALM BEACH FL 33415 2540
Sales Information
Sales Date Book/Page
Sep-1990 06583/1843
Price Sale..Iy~ Owner
$18,000 WARRANTY DEED
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
P..operty Information
Number of Units: 1
*Total Square Feet: 997
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
~".i~~~mR!~tiLJ
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
l;,"1l!!,;i~1'~,..J
l,,""'j;Jii~JL~ii';;'iu,1'
Calculate Additional]
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Tax CoUector WebSite
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one papE.,
ty--4
http://www.co.palm-beach.fl.us/papa/ asp x/web/ detail_ info.aspx?p _ entity=00434 509080000... 2/512008
THIS INSTRUMENT PREPARED BY:
James A, Cherof, Esquire
Goren, Cheraf. Doody and Ezra!. PA
3099 East Commercial Blvd.
Suite 200
Ft Lauderdale. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF f1< Ifn &ad;'
IlWe, iJa/lt, "'1-' ,--Lt.u'1 (ruoff'
, hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, mainta.in, and complete a voluntary petition
for annexation of the real property descnbed herein into the CITY OF BOYNTON BEACH.
TIlls power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCN No.: 00 ---9'3'-7".) -t'9 -oJ'-()()cJ-{)CjcJ 0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on tbe .c,-/ day of
l:t!--;I/u t.{ /1 ' 20 {/ X and the powers and authority shall be irrevocable by Grantee.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY qF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and III the County aforesaid to take acknow.1edgments, personally
appeared , City Manager and
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly ve~ted in them by said City and that the City seal affixed thereto is the true
corporate seal 'affixed thereto is the true corporate seal of said City.
WITNESS my hand and official s'eal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
5
AGREEMENT FOR \VATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
. . IN WITNESS WHEREOF, the parties hereto have set their hands and seals this &~'\.--'day of
~ ' , fO,
-=JJr.)'~_CVO' , 2 o OJ:) 7
~NESS:
1
FOR INDIVIDUAl,(S) NOTARIZATION:
STATE 0 ~.:~t\; \\>>. \ lc-.-: )
COUNTY O~\\IY\ 6_~s:
_/
INDIVIDUAL(S) AS OWNER(S):
ff:{/6/~
Owner Signature
Wa \ +~r .:b C {o Dies.
Printed Owner Name
~Il1Cu~
~er Signature
J QQ.., (y\ C- \0-'" lc (
Printed Owner Name
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
~. ... \ \ , . r,) to me known to be the person(s) described in and who
executed the foregoin ,instrument that he/she acknowledged before me that he/she executed the
same; that th~dividual was personaIly known to me or provided the following proof of
identification: \)\\..-1:, UL') J~ \ U> t\ U) , .
WITNESS my hand and official seal in the County and State last aforesaid this l\--\ '- Jayof
(,1 --
. "'\._ ,200L,\
.-------...... i
'''"' '
'\
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of
. " r;
q5,t;:)ldU-~ ' in the year 20Qi
"'---',,/ Sealed and
. . ~
PTm~
W' e~ H'~
Print Name
,,/
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;;?:JC9e9~S
. ;tnescstt0. \Jv.c-:~
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a
WItness A6IJb t( t1=fJ1?~
Print Name
~M~
Signature kJ
Oa" t?1. C/'thJ
Print Name
STATE OF FLORIDA
)
) SS:
COUNTY OF PALM BEACH )
, Il~
THE FOREGOING INSTRUMENT was acknowledged before me this 'I day of
~~' 20l:i(3, by L.)(\ y.lg C ".n., () and
_ ','1/"" " ',';;' , who are known to me or who have produced
l" .' " ~~t ,\. ; /, , as identification and who did/did n fake an oath.
~\ :
. II/lIQAMTIAWDf
.., ,.... . ..." FlaMe
. .,~r 11"1..........
ClmTlJ11n' DO 7.dt
..........
My Commission Expires:q -\ t ':.(u\ ~
Type or P' Name
~:b Nil d"
Commission No. 1) I 0 \ r ~
S:\CA\AGMTS\Water Service"power ofatty.doc-1-6-06
H:\1990\900 1 82.BB\AGMf\Power of Anomey-lnd 1-30-06.doc
Location
-
1111 Ridge Rd
~:JoOU
.lOUu.!b 1 U ib:lU 264U
2650 267CX26811269CX270027102720 2730
2750 27802790 I
PEAK RD
I
------1- E..EAK.RD
I
I
2330 J 2311 2300229CX22811227CX226d1250 2230 2220 2200
245CX2440 2420 2380
2360
2340
20ao
) 1900 1920 1930 1950196019701980199CX2000 2010
2030 2040 2060 2070 2090 211CX2120 2130 2141 2160
liLGHYJEW_.Rl:L___ ____
-----_...H.LGJfVlEW..RD,_
I
)1830182018101791 1780 ~77017601750174017301720 1710
1690 16801670166016501640 1622 1610 160015901580 1560
~O 0821 0810 0791 0771 107600750' 0730 07200710
070oo69oo68oo67oo66oo65cD6G6JB3oo62oo61 006000590 0571 0560
I
_ _HIGH LAND RD
.Ji1GHLMHr__RIL
910
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'""' II"'" m" ""'" "'"'
0930
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0030 0040 i/ ~ 003119040
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Although every reasonable effort has been made
to ensure the accuracy of the public Information,
data and graphic representations, the City of
Boynton Beach cannot be responsible for
E consequesnces resulting from any omissions or
errors containced herein. The city of Boynton
Beach assumes no liability whatsoever associated
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with the use or misuse of this data.
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015
014
013
0121
Railroads
Tax Parcels 2005
LOT Labels
Tax Parcels 2003
LOT Labels
0080! Tax Parcels 2002
LOT Labels
. Water Points (Manatee Bay)
0070 Water Valves (Manatee Bay)
Sewer Lines (Manatee Bay)
Water Mains
Water Mains (Manatee Bay)
Street Centerlines
STREET Labels
Streets (Manatee Bay)
hydranLequipmentprjSF
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VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 18, 2007 December 3, 2007 (Noon) 0
0 January 2, 2008 December 17, 2007 (Noon) ~
0 January 15, 2008 December 31, 2007 (Noon) D
0 February 5, 2008 January 14,2008 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 19, 2008
February 4, 2008 (Noon)
March 4, 2008
February 19,2008 (Noon)
c:>
CO
March 3, 2008 (Noon) .."
f"T1
CO
March 17,2008 (Noon)",
C>
NATURE OF
AGENDA ITEM
D
D
~
o
D
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
D
D
D
D
o
City Manager's Report
New Business
Legal
Unfinished Business
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March 18, 2008
April I, 2008
RECOMMENDATION: Approval of the Memorandum of Understanding (MOU) between the City of Boynton Beach and
the SEIU, Florida Public Services Union, CTW, CLC, White Collar Unit. This MOU would allow full-time employees in the
position of Communication Dispatcher or Communication Specialist to receive twelve (12) hours of pay for observed
holidays provided they are scheduled to work twelve (12) hour days. The Union ratified the MOU on February 13,2008.
EXPLANA TION: The parties have negotiated and reach agreement that for each observed Holiday, a full-time employee in
the position of Communication Dispatcher and Communication Specialist who are scheduled to work a twelve (12) hour day
shall be entitled to receive twelve (12) hours of pay. Previously Communication Dispatchers and Communication Specialists
worked ten (10) hour days and were paid for ten (10) hours pursuant to Article 28, Section 28.2. Their hours have recently
been changed to twelve (12) hours.
There are fifteen (15) employees affected by this MOU. The Memorandum will become effective the date it is ratified by the
City Commission and the bargaining unit.
· Exhibit I: MOU with SEIU Florida Public Services Union, CTW, CLC, White Collar Members with the City of
Boynton Beach.
. Exhibit II: 2008 Holiday Schedule
PROGRAM IMPACT: This MOU affects full-time employees in the position of Communication Dispatcher and
Communication Specialist who are scheduled to work a twelve (12) hour day.
FISCAL IMPACT: An estimate of the immediate fiscal impact of this MOU is $3,702.00. This is based on three (3)
remaining Holidays for this fiscal year. The funds will come from Account number 001 1810-519.1220; there are available
funds due to existing vacancies.
ALTERNATIVES: Do not approve the MOU and do not resolve the outstanding issue regarding Holiday pay for
Communication Dispatchers and Communication Specialists who are scheduled to work a twelve (12) hour day.
~-r~^91>-
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
/,
/ 'e 1/",,",,-
i
.-,1., 1/
;:~... t (/ J/i -:.. ,,",*.',_ -"
City Manager's Signature
eJ;1.A/
City Attorn
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RATIFYING A MEMORANDUM OF
6 UNDERSTANDING WITH THE SEIU, FLORIDA
7 PUBLIC SERVICES UNION, CTW, CLC, (WHITE
8 COLLAR) COLLECTIVE BARGAINING AGREEMENT
9 REGARDING HOLIDAY PAY; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the City and the Union have negotiated and reached an agreement
14 regarding holiday pay for those employees that work twelve (12) hour days and have agreed
15 to changes to the current collective bargaining agreement as set forth in the attached
16 memorandum of understanding.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22
23 hereby ratify the Memorandum of Understanding with the SEIU, Florida Public Services
24 Union, CTW, CLC (White Collar) COIIective Bargaining Agreement regarding holiday pay
25 for those scheduled to work twelve (12) hour days, a copy of which is attached hereto as
26 Exhibit "A".
27
Section 3.
This Resolution shall become effective immediately upon passage.
28
S:\CA \RESO\SEIU MOU White Collar (holiday pay).doc
PASSED AND ADOPTED this _ day of March, 2008.
2
3
CITY OF BOYNTON BEACH. FLORIDA
4
5
6
7
8
9
]0
11
12
13
14
] 5
16
17
18
19 ATTEST:
20
21
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
22
7"
--'
Janet M. Prainito. CMC
City Clerk
24
25
26
27 (Corporate Seal)
S:\CA\RESO\SEIU MOU White Collar (holiday pay).doc
II
, j
{ I
Exhibit I
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO SEIU Florida Public Services Union, CTW, CLC
WHITE COLLAR MEMBERS WITH THE CITY OF BOYNTON BEACH
THE CITY OF BOYNTON BEACH (hereinafter, "the City") and the SEIU Florida Public
Services Union, CTW, CLC White Collar members agree that effective September 17, 2007, and
continuing in full force and effect through and including September 30, 2009, that Article 28, Section
28.2 of the Collective Bargaining Agreement shall be modified to provide as follows:
28.2 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 or Communication Dispatchers and Communication Specialists who are
scheduled to work a twelve (12) hour dav. In that case, they shall receive ten (10) hours of pay
and Communication Dispatchers and Communication Specialists who work twelve hours
(12) will receive twelve (12) hours of pay. In all events, where the employee is scheduled off for
the holiday, the 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.
This Memorandum will become effective the date it is ratified by the City Commission and the bargaining
unit.
IN WITNESS THEREOF, the Parties have caused this Memorandum of Understanding to be signed by
their duly authorized representatives on the _ day of , 2008.
FOR THE CITY OF
BOYNTON BEACH
FOR THE NCF&O, SEfU
Kurt Bressner, City Manager
THE CITY OF BOYNTON BEACH
SEIU Florida Public Services Union
CTW, CLC (White Collar)
Date
Date
Janet Prainito, City Clerk
Date
Ratified by City Commission
Ratified by Bargaining Unit
WC Dispatch Holiday 12 hours (2) 1
CITY OF BOYNTON BEACH
HOLIDAYS - 2008
Tuesday, January 1, 2008
Monday, January 21
Monday, February 18
Monday, May 26
Friday, July 4
Monday, September 1
Tuesday, November 11
Thursday, November 27
Friday, November 28
Thursday, December 25
Friday, December 26
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
I ndependence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Day after Christmas
S:\HR\Benefils\Orientation Materials\Holidays 2008.doc
Exhibit II
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtvl
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) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) [8J March 4, 2008 February 19,2008 (Noon)
0 January 15, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 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 Unfmished Business
D Public Hearing 0
RECOMMENDATION: Adopt a Series Resolution-
(1) providing for the issuance of not exceeding $30,000,000 of Utility System Revenue Bonds, Series 2008;
(2) providing a method for fixing and determining the principal amount, interest rates, maturity dates,
redemption provisions and other details of said bonds;
(3) authorizing the sale of the bonds to Branch Banking & Trust Co. (BB&T);
(4) finding necessity for a negotiated sale of such bonds;
(5) providing for the application of the proceeds of said bonds and certain other moneys;
(6) designating the bond registrar for said bonds;
(7) containing certain authorizations and other provisions; and
(8) providing an effective date.
EXPLANATION: Due to changing conditions in the bond market, on February 5, 2008, the City Commission
authorized staff to pursue alternate financial structures. The alternate structure will provide financing of the capital
projects approved by the Commission for the Utility System on December 4, 2007. Subsequent to February 5, our
Independent Financial Advisor (RBC Capital Markets) issued a Request for Proposals for a bank loan.
On February 22, 2008, Branch Banking & Trust Co. (BB&T) submitted the most favorable binding commitment for a
20-year term, $29,910,000 financing at a fixed interest rate of 4.22% plus an $18,000 one-time cost of issuance. The
bank's offer is subject to a satisfactory closing no later than 45 days from February 22, 2008.
PROGRAM IMPACT: Allows the Utility System to proceed with its approved Capital Improvement Program.
FISCAL IMPACT: Our Independent Financial Advisor estimates an approximate $2,000,000 interest rate savings
over the 20-year term of the financing compared to a traditional municipal bond financing.
The Utility Rate Study contains financial projections and increased utility rates that went into effect on October 1,
2007 that will generate sufficient revenues to service the interest and principal repayment.
AL TERNA TIVES: The City requires Commission approval to incur debt. The Utility System would need to defer the
construction of certain projects without the Commission's approval.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R08-
2
3 A SERIES RESOLUTION PROVIDING FOR THE
4 ISSUANCE OF NOT EXCEEDING $30,000,000 OF
5 UTILITY SYSTEM REVENUE BONDS, SERIES 2008;
6 PROVIDING A METHOD FOR FIXING AND
7 DETERMINING THE PRINCIPAL AMOUNT,
8 INTEREST RATES, MATURITY DATES,
9 REDEMPTION PROVISIONS AND OTHER DETAILS
10 OF SAID BONDS; AUTHORIZING THE SALE OF THE
11 BONDS TO BRANCH BANKING AND TRUST
12 COMPANY ("BB&T"); FINDING NECESSITY FOR A
13 NEGOTIATED SALE OF SUCH BONDS; PROVIDING
14 FOR THE APPLICATION OF THE PROCEEDS OF
15 SAID BONDS AND CERTAIN OTHER MONEYS;
16 DESIGNATING THE BOND REGISTRAR FOR SAID
17 BONDS; CONTAINING CERTAIN AUTHORIZATIONS
18 AND OTHER PROVISIONS; AND PROVIDING AN
19 EFFECTIVE DATE.
20
21
22 WHEREAS, the City of Boynton Beach, Florida (the "City") is authorized by the
23 Constitution and laws of the State of Florida, including the City's Charter and Chapter 166,
24 Florida Statutes, to issue revenue bonds of the City payable from Pledged Revenues (as
25 defined in the Bond Resolution hereinafter defined mentioned) for certain purposes; and
26
27 WHEREAS, pursuant to Resolution No. R 92-96 adopted by the City Commission of
28 the City (the "City Commission") on June 16, 1992, as amended (the "Bond Resolution")
29 obligations of the City may be issued and may be secured by a lien upon and pledge of
30 certain "Pledged Revenues" as defined in and to the extent set forth in the Bond Resolution;
31 and
32
33 WHEREAS, the City desires to issue Bonds (the "Series 2008 Bonds") under the
34 Bond Resolution to provide funds, together with available funds of the City, to pay costs of
35 capital improvements to the City's Utility System and to pay certain costs of issuing such
36 Series 2008 Bonds; and
37
38 WHEREAS, prior to the issuance of the Series 2008 Bonds the conditions set forth in
39 Section 209 of the Bond Resolution shall be satisfied; and
40
41 WHEREAS, the City Commission has determined that the sale of such Series 2008
42 Bonds through negotiation with the Original Purchaser (hereinafter defined) is in the best
43 interest of the City; and
1
I
2 WHEREAS, the City Commission has received from Branch Banking and Trust
3 Company ("BB&T") (the "Original Purchaser") a form of a commitment attached hereto as
4 Exhibit A (the "Commitment") whereby the Original Purchaser agrees to purchase the Series
5 2008 Bonds, and the City Commission has determined that the authorization of the
6 acceptance of such proposal pursuant to the terms set forth in Section 6 hereof is in the best
7 interests of the City and will effect the purposes set forth in the Bond Resolution; and
8
9 WHEREAS, it is necessary and desirable to specify a method for determining the
1 0 dates, the interest rates, maturity dates and redemption provisions for such Series 2008
I I Bonds;
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
14 CITY OF BOYNTON BEACH, FLORIDA:
15
16 Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
17 provisions of the Charter of the City of Boynton Beach, Florida, the Constitution of the State
18 of Florida, including, but not limited to, Article VIII, Section 2 thereof, and other applicable
19 provisions of law, including Chapter 166, Florida Statutes, and the Bond Resolution.
20
21 Section 2. Definitions. Terms used herein in capitalized form and not otherwise
22 defined herein shall have the meanings ascribed thereto in the Bond Resolution. The
23 following terms, when used in this Resolution or in the Bond Resolution, as amended
24 hereby, shall have the following meanings:
25
26 "Authorized Representative" means the Mayor or Vice-Mayor, and in the absence or
27 inability to act of the Mayor or Vice-Mayor, the City Manager or any other City
28 Commissioner (the absence or inability to act of the Mayor of Vice-Mayor as to any
29 particular action being conclusively established by the taking of such action by the City
30 Manager or other City Commissioner).
31
32 "Business Day" shall mean any day other than a Saturday, Sunday or other day on
33 which the Bond Registrar is lawfully and temporarily closed or a day on which the New
34 York Stock Exchange is lawfully and temporarily closed.
35
36 "Closing Date" shall mean the date on which the Series 2008 Bonds are issued and
37 delivered by the City and paid for by the Original Purchaser.
38
39 "Interest Payment Date" shall mean May 1 and November 1 of each year,
40 commencing May 1,2008.
41
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Section 3. Authorization of Bonds. Bonds are hereby authorized to be issued
pursuant to this Resolution and Section 210 of the Bond Resolution in the aggregate
principal amount of not to exceed $30,000,000. The Bonds hereby authorized shall be
known as "Utility System Revenue Bonds, Series 2008" (the "Series 2008 Bonds"). Prior to
the issuance of the Series 2008 Bonds the conditions of Section 209 of the Bond Resolution
shall be satisfied. The Series 2008 Bonds are being issued for the principal purpose of
providing funds to pay for capital improvements to the Utility System.
Section 4. Terms of the Series 2008 Bonds.
(a) Form of Bonds. The Series 2008 Bonds shall be substantially in the form of
the Bonds set forth in the Bond Resolution, with such changes as may be necessary or
appropriate to conform to the provisions of this Resolution and the terms of the Series 2008
Bonds set forth herein as may be approved by the officers of the City executing the Series
2008 Bonds, such execution to be conclusive evidence of such approval.
(b) Amounts, Maturities, Redemption Provisions and Interest Rates.
The Series 2008 Bonds shall be issued as a single bond for the entire principal
amount of the Series 2008 Bonds, shall be issued in registered form, shall be numbered from
R-1 upwards, shall be dated their date of initial issuance and delivery, and shall bear interest
from such date, payable on the Interest Payments Dates. The Series 2008 Bonds shall be
issued on such date, in the aggregate principal amount, not in excess of $30,000,000, shall
bear interest at the rates per annum, computed on the basis of a 360-day year consisting of
twelve 30-day months, not in excess of the maximum legal rate, and shall mature on
November 1 of the years and shall have such prepayment or redemption provisions, all as set
forth in the Series 2008 Bonds, and as shall be consistent with the Commitment.
(c) Reserve Account Deposit Requirement. The Reserve Account Requirement
for the Series 2008 Bonds shall be zero.
Section 5. Approval of Sale of the Series 2008 Bonds. The City hereby determines
that a negotiated sale of the Series 2008 Bonds to the Original Purchaser is in the best
interest of the City and the citizens and inhabitants of the City by reason of the volatility of
the market for tax exempt bonds. Prior to the issuance of the Series 2008 Bonds, the
Original Purchaser shall file with the City the disclosure statement required by Section
218.385, Florida Statutes, and the competitive bidding for the Series 2008 Bonds is hereby
waived pursuant to the authority of Section 218.385(1), Florida Statutes.
Section 6. Execution and Delivery of the Series 2008 Bonds. The Authorized
Signatory and the City Clerk are hereby authorized and directed on behalf of the City to
execute the Series 2008 Bonds as provided in the Bond Resolution and such officials are
hereby authorized and directed upon the execution of the Series 2008 Bonds in the form and
manner set forth herein and in the Bond Resolution to deliver the Series 2008 Bonds in the
amount authorized to be issued hereunder to the Bond Registrar for authentication (upon the
3
1 satisfaction of the conditions of Section 209 of the Bond Resolution) and delivery to or upon
2 the order of the Original Purchaser upon payment of the purchase price set forth herein.
3
4 Section 7. Application of Proceeds. Proceeds from the sale of the Series 2008
5 Bonds shall be applied for the purposes described herein as provided in a certificate
6 executed by the Authorized Signatory at or prior to the issuance of the Series 2008 Bonds.
7
8 Section 8. Bond Registrar. The City Clerk shall serve as Bond Registrar with
9 respect to the Series 2008 Bonds.
10
11 Section 9. Compliance with Tax Requirements. The City hereby covenants and
12 agrees, for the benefit of the Bondholders from time to time of the Series 2008 Bonds, to
13 comply with the requirements applicable to it contained in Section 103 and Part IV of
14 Subchapter B of Chapter 1 of the Internal Revenue Code of 1986, as amended (the "Code")
15 to the extent necessary to preserve the exclusion of interest on the Series 2008 Bonds from
16 gross income for federal income tax purposes. Specifically, without intending to limit in any
17 way the generality of the foregoing, the City covenants and agrees:
18
19 (1) to pay to the United States of America from, to the extent legally
20 available, the funds and sources of revenues pledged to the payment of the Series
21 2008 Bonds, and from any other legally available funds, at the times and to the
22 extent required pursuant to Section 148(f) of the Code, the excess of the amount
23 earned on all non- purpose investments (as defined in Section 148( f)( 6) of the Code)
24 (other than investments attributed to an excess described in this sentence) over the
25 amount which would have been earned if such non-purpose investments were
26 invested at a rate equal to the yield on the Series 2008 Bonds, plus any income
27 attributable to such excess (the "Rebate Amount");
28
29 (2) to maintain and retain all records pertaining to and to be responsible
30 for making or causing to be made all determinations and calculations of the Rebate
31 Amount and required payments of the Rebate Amount as shall be necessary to
32 comply with the Code;
33
34 (3) to refrain from using proceeds from the Series 2008 Bonds in a
35 manner that would cause the Bonds or any of them, to be classified as private
36 activity bonds under Section 141(a) of the Code; and
37
38 (4) to take or refrain from taking any action that would cause the Series
39 2008 Bonds, or any of them, to become arbitrage bonds under Section 103(b) and
40 Section 148 of the Code.
41
42 The City understands that the foregoing covenants impose continuing obligations on
43 the City to comply with the requirements of Section 103 and Part IV of Subchapter B of
44 Chapter 1 of the Code so long as such requirements are applicable.
45
4
1 Unless otherwise specified in the Certificate as to Arbitrage and Other Tax Matters
2 delivered in connection with the issuance of the Series 2008 Bonds, the City shall designate
3 a certified public accountant, Bond Counsel, or other professional consultant having the skill
4 and expertise necessary (the "Rebate Analyst") to make any and all calculations required
5 pursuant to this Section regarding the Rebate Amount. Such calculation shall be made in the
6 manner and at such times as specified in the Code. The City shall engage and shall be
7 responsible for paying the fees and expenses of the Rebate Analyst.
8
9 Section 10. Authorizations. The Authorized Signatory, the City Clerk and the
10 Finance Director are hereby jointly and severally authorized to do all acts and things
11 required of them by this Resolution or the Bond Resolution, or desirable or consistent with
12 the requirements hereof or thereof, for the full, punctual and complete performance of all
13 terms, covenants and agreements contained in the Series 2008 Bonds, the Bond Resolution
14 and this Resolution, and to make any elections necessary or desirable in connection with the
15 arbitrage provisions of Section 148 of the Code.
16
17 Section 11. Business Days. In any case where the date of maturity of interest on or
18 principal of the Series 2008 Bonds or the date fixed for redemption of any Series 2008
19 Bonds is not a Business Day, then payment of principal, premium, if any, or interest need not
20 be made on such date but may be made on the next succeeding Business Day, with the same
21 force and effect as if made on the date of maturity or the date fixed for redemption.
22
23 Section 12. Resolution to Constitute a Contract. In consideration of the purchase
24 and acceptance of the Series 2008 Bonds authorized to be issued hereunder by those who
25 shall be the holders thereof from time to time, this Resolution shall constitute a contract
26 between the City and such holders, and all covenants and agreements herein and in the Bond
27 Resolution set forth to be performed by the City shall be for the equal benefit and security of
28 all of the holders.
29
30 Section 13. No Implied Beneficiary. With the exception of any rights herein
31 expressly conferred, nothing expressed or mentioned in or to be implied from this
32 Resolution or the Series 2008 Bonds is intended or shall be construed to give any person
33 other than the City, the Original Purchaser and the Owners, any legal or equitable right,
34 remedy or claim under or with respect to this Resolution or the Bond Resolution or any
35 covenants, conditions, and provisions herein contained; this Resolution and the Bond
36 Resolution and all of the covenants, conditions and provisions hereof and thereof being
37 intended to be and being for the sole and exclusive benefit of the City, the Original
38 Purchaser and the Owners.
39
40 Section 14. Severability. If any provision of this Resolution shall be held or deemed
41 to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall
42 not effect any other provision herein or render any other provision (or such provision in any
43 other context) invalid, inoperative or unenforceable to any extent whatsoever.
44
5
1 Section 15. Repealer. All Resolutions or parts thereof of the City in conflict with
2 the provisions herein contained or, to the extent of any such conflict, hereby superseded and
3 repealed.
4
5 Section 21. Effective Date. This Resolution shall take effect immediately upon its
6 adoption.
7 PASSED AND ADOPTED this _ day of March 2008.
8
9
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22
23
24 ATTEST:
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30 (Corporate Seal)
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow 1. Hay
Commissioner - Marlene Ross
6
1
2
3
EXHIBIT "A"
Commitment
BB&T
Branch Banking & Trust Co.
Governmental Finance
P.O. Box 714
Columbia, S.C. 29202
(803) 251-1328
Fax (803) 251-1329
February 22, 2008
Mr. Barry Atwood
Finance Director
City of Boynton Beach
] 00 E. Boynton Beach Boulevard
Boynton Beach. FL 33425
Dear Mr. Atwood:
Branch Banking and Trust Company ("BB&T") is pleased to offer this proposal for the financing
requested on behalf of the City of Boynton Beach (the "City"), Florida.
(1)
Projects:
Utility System Revenue Bond. Series 2008
(2)
Amount to be financed:
Not to exceed $29,910,000.00
(3) Interest Rates, Financing Terms and Corresponding Payments:
Term
20 years
Rate-NBQ
4.22%
~
Payments on the bond shall be semi-annual interest commencing on May I. 2008 and annual principal
commencing November 1, 2009, or otherwise as requested.
The rate stated above is valid for a closing not later than 45 days after today. Closing of the financing
is contingent upon completing documentation acceptable to BB&T.
Remuneration for our legal review expenses and underwriting fees for this transaction shall be
$18,000. All applicable taxes, permits, costs of counsel for the City and any other costs shall be the City's
responsibility and separately payable by the City.
The financing documents shall allow for the prepayment of the principal balance in whole on a
scheduled payment date within the first 10 years of the financing agreement with a I % prepayment premium.
After the first 10 years the financing documents shall allow prepayment of the principal balance in whole on a
payment date without penalty.
The stated interest rate assumes that the City expects to borrow more than $10.000,000 in calendar
year 2008 and that the City shall comply with IRS Code Sections ] 41. 148, and l49( e). BB&T reserves the
right to tenninate its interest in this bid or to negotiate a mutually acceptable rate if the financing is not a
qualified tax-exempt financing.
(4) Security:
The Bond shall be secured by the City's net utility system revenues.
(5) Financing Documents:
It shall be the responsibility of the City to retain and compensate counsel to appropriately structure the
financing documents according to Florida State statutes. BB&T shall also require the City to provide an
unqualified bond counsel opinion. BB&T and its counsel reserve the right to review the financing documents
and they must be mutually accepted by BB&T and the City.
* * * -k Yo *
BB&T appreciates the opportunity to make this financing proposal and requests to be notified within
ten days of this proposal should BB&T be the successful proposer.
BB&T shall have the right to cancel this offer by notifying the City of its election to do so (whether or
not this offer has previously been accepted by the City) if at any time prior to the closing there is a material
adverse change in the City's financial condition, if we discover adverse circumstances of which we are
currently unaware, if we are unable to agree on acceptable documentation with the City or if there is a change
in law (or proposed change in law) that changes the economic effect of this financing to BB&T. We reserve
the right to negotiate and/or terminate our interest in this transaction should we be the successful proposer.
Please call me at (803) 25] -] 328 with your questions and comments. or contact Michael C. Smith in Orlando.
FL office at:
255 South Orange Ave, ] Olh floor
Orlando. FL 32801
Phone: (407) 24]-3570
Fax: (877) 320-4453
Email: iIlcsmith:(j,lbbandt.colTr
Sincerely.
BRANCH BANKING AND TRUST COMPANY
~'JJ~
Andrew G. Smith
Senior Vice President
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM D.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) ~ March 4, 2008 February 19,2008 (Noon)
D 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 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 D Unfmished Business
D Public Hearing D
RECOMMENDATION: Motion to approved the "BOYNTON TOWN CENTER- C3 REPLAT" Record Plat,
conditioned on the approved being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor
and Mapper).
EXPLANATION: The record plat review for this project commenced on August 1, 2007, to which the second and final
review was completed on October 4, 2007. This necessary replat of a portion of the Boynton Town Center development was
a mandatory requirement of the Palm Beach County Engineering Department (PBCED) in order to permit necessary access
roadway connections to Congress Avenue. With only a few plat preparation changes not withstanding, staff now recommends
that the City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This
record plat is the next step in correcting the original record plat recording which preceded the mandatory requirements of the
PBCED. The record plat preparer has stated that all minor changes necessary to this instrument have been made and are in
compliance with those comments in the last review letter.
PROGRAM IMPACT: This instrument corrects to the various parcel owners the actuallocation(s) on the ingress and egress
access points onto Congress A venue.
FISCAL IMPACT: None.
ALTERNATIVES: The existing development will continue in non-conformance with PBCED roadway connection
requirements until this plat document is in place.
~'; "i
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Assistant to City Manager ~
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
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) D February 19,2008 February 4, 2008 (Noon)
D January 2, 2008 December 17, 2007 (Noon) [8J March 4, 2008 February J 9, 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)
AnnouncementslPresentations
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o
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NATURE OF
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EXPLANATION: ~
On October 4, 2007, the Building Division sent to the Finance Department a cash bond of $30,988.10 for the completion of
the permitted work for the project known as Waterside (Building 10) located at 3083 Waterside Circle. The work has been
completed and the Certificate of Occupancy was issued on October 19,2007.
Administrative
Code Compliance & Legal Settlements
Public Hearing
RECOMMENDATION:
Return cash bond of $30,988.1 0 to SH Communities for the project known as Waterside (Building 10).
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
Quintus L. G;
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Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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COtflr"Jlunrtles
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Homestead
305,247.5677
Mr Wayne Bergman
Chief Building Official
100 F. Boynton Beach Blvd.
Bovnton Beach Fl. 33425-0310
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On October 4th, 2007 SH Communities paid for and was granted by the
City of Boynton Beach a partial Certiificate of Occupancy for Building lOin
our Waterside Community. The permit for the building is #05-5574, At that
time SH Communities was required to pay $30,958.1 () as part of the
requirement for the partial Certificate Of occupancy.
Dear Mr. Bergman,
Miramar, West
305.829.7250
Davie
954423.4221
Your ordinance reads that upon approval of a final inspection and a
written request that the monies paid shall be returned. SH Communities
received a full Certificate of occupancy on October 19th, 2007. I have
attached a copy for your reference.
Boynton Beach
561.742.0211
At this time we are requesting a refund of our surety in the amount of
$30,958.10.
West Melbourne
321.724.8299
Please let me know if you have any questions regarding this matter. I
can be reached at my office 561-742-021 ] or on my cell number 561-718-
3860,
Melbourne
32l.723.9595
17/1/i!
Mark E. Welch
Division President Southeast Coast
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Ft. Myers
8005100120
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EXHIBIT" A"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I FIe ATE
o F
ace U PAN C Y
Issue Date
Parcel Number
Property Address
Subdivision Name
Legal Description
Property Zoning
Owner . . . . .
Contractor
Application Number.
Description of Work
Construction Type
Occupancy Type
Flood Zone . . .
OCCUPANCY LOAD:
AUTOMATIC SPRINKLER SYSTE
EDITION OF CODE
SPECIAL
CONDITIONS
BUILDING #10
3083 WATERSIDE CIR
3085 WATERSIDE CIR
3087 WATERSIDE CIR
3089 WATERSIDE CIR
Approved
10/19/07
08-43-46-04-34-000-0680
3083 WATERSIDE CIR
BOYNTON BEACH FL 33435
WATERSIDE VILLAGE PUD
WATERSIDE VILLAGE PUD LT 68
PLANNED ZONED DISTRICT
SOUTHERN HOMES OF PALM BCH LLC
12900 SW 128TH ST #100
MIAMI FL 33186
SOUTHERN CONSTRUCTION & DESIGN
05-00005574 000 000
TOWNHOUSE
TYPE VI/UNPROTECTED
RESIDENTIAL
B FLOOD ZONE/MIN FLOODING
200.00
YES
2001
BUildin~~~
VOID UNLESS SIGNED BY BUILDING OFFICIAL
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "B"
DEP ARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 07-114
FROM:
Bobby Jenkins, Assistant Director of Finance
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Wayne R. Bergman, Building Official
TO:
DATE:
October 4,2007
SUBJECT:
CASH BOND - WATERSIDE (Bldg. 10) - 3083 WATERSIDE CIRCLE
Attached is a Cashier's Check for $30,988.10 from Southern Homes of Palm Beach, LLC. This is a cash
surety for Waterside (Building 10) and is to be held until all outstanding issues of their temporary
Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety wiII be returned.
WRB:rs
Attachments/Landscape Plan-Cost Estimate
XC: Permit File # 05-5574
EXHIBIT "C"
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3105 N.W. I07th AVENUE
MIAMI. FLORIDA 33172-2136
CASHIEK.S
CHECK 267560
VOID AfTER 180 DAYS
6:>-1050
670
DATE
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PAY TO nIE
ORDBR OF
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The purchase of an Indemnity Bond will be required befoTe
any Cashier's Check of this bank will be replaced or
refunded in the event it is lost. misplaced or stolen.
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----------------------------------------------------------_.- -------.-- ------ --- --- -
CITY OF BOYNTON BEACH
Boynton Beach, Florida
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EXHIBIT "E"
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\jl\ .IX
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Requested City Commission
Meeting Dates
0 December 18, 2007
0 January 2, 2008
0 January 15, 2008
0 February 5, 2008
NATURE OF
AGENDA ITEM
IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNi
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 3, 2007 (Noon) 0 February 19,2008
December 17,2007 (Noon) ~ March 4, 2008
December 31, 2007 (Noon) D March 18, 2008
January 14,2008 (Noon) 0 April 1, 2008
February 4, 2008 (Noon)
February 19,2008 (Noon6
CO
March 3, 2008 (Noon) M
CO
March 17,2008 (Noon)-
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Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
-
Legal
Unfinished Business
RECOMMENDATION: Motion to direct staff to prepare an Ordinance to update Code of Ordinances, Chapter 10, Garbage
Trash and Offensive Conditions, Sec. 10-24. Single Family Residential Refuse Collection to change weekly collection
requirements to allow disposal of unlimited amounts of bulk trash and landscape debris.
EXPLANA TION: Staff has developed different options and a recommendation for a Code Change relating to debris
collection to address concerns raised by the City Manager and members of the City Commission.
BACKGROUND:
According to the current Code of Ordinances, Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24,
Single Family Residential Refuse Collection, the Solid Waste Division collects bulk debris, vegetation and
construction debris from single-family residents on a weekly basis. Bulk trash and vegetation is limited to 2-cubic
yards per household while construction debris is limited to one cubic yard, each collected one time per week. Any
resident that places items in excess of the allowed amounts are assessed a Special Pick-Up fee. Both residents, and
City staff, can be confused regarding interpretation of what constitutes a "cubic yard".
The process used to assess special pick-up piles can be time consuming causing piles to be at the curb for up to a
week or longer. The goal of the Solid Waste Division is to change the collection process and to collect every pile
weekly without limitation in size. Staff believes this will help alleviate trash piles from the streets for an extended
period of time.
CURRENT PROCEDURES:
There are three types of Special Pick-Up Programs:
BULK TRASH -Items such as furniture, refrigerators, hot-water heaters, etc. are allowed to be placed at
the curb for weekly collection not to exceed 2-cubic yards.
VEGETATION - Yard waste such as tree trimmings, bush trimmings, limbs, etc. are allowed to be placed
at the curb for weekly collection not to exceed 2-cubic yards. No commercial trimmed yard waste is
allowed.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
CONSTRUCTION DEBRIS - Construction renovation/remodeling materials such as dry wall, windows,
cabinets, roofing material are allowed to be placed at the curb for weekly collection not to exceed] -cubic
yard.
BULK TRASHNEGETATION
The Solid Waste Code Enforcement Officer currently drives each route the day after the scheduled collection.
Debris piles located in front of the resident's home that are larger than 2-cubic yards are spray painted red. The
Officer then places a tag on the home instructing residents to call the Public Works Office to arrange a special
pickup. Once the resident calls the office a form is completed and given to a Solid Waste Crew Supervisor. He/she
then inspects the address and determines the cost for collection, with a minimum cost of$35.00 assessed the
resident. The supervisor informs the resident of the cost. Residents are then given the option to sign a form for
approval and the pile is collected up the next business day by the City or the residents must dispose of the material
themselves.
In addition to the Code Officer inspecting the routes, Solid Waste Crew Supervisors also receive calls from
residents the same day as collection when a resident's pile is not collected. In this case the resident usually calls the
Public Works Office or a route driver notifies the supervisor of an over-sized pile. The supervisor visits the
residence, assesses the pile, and either obtains a signature authorizing special pickup or leaves a door hanger. Once
staff receives approval from the resident the pile is picked up the next business day.
Once residents are notified of the need for special pick (most frequently by a door hanger) they have to either remove
the debris themselves or call for the special collection. Frequently, approval by the resident can take anywhere from
1 to 5 days, further compounding the delay in collection. Debris piles that are not removed will subject the resident
to a notice of violation from Code Enforcement. Once a notice of violation is issued, the resident has] O-days to
remove the debris or have it collected, again further compounding the delay. This process certainly can become
lengthy leaving piles of debris on the streets for up to a week and longer.
It is apparent that our own process allowing residents additional time and alternatives has a significant,
compounding, contribution to overall delay in removal of debris piles; our ultimate goal.
OPTIONS FOR BULK TRASHNEGET A TION
Staff has considered options for debris removal that will meet the goal of a more timely collection process. Items
that were considered are listed below:
I. The City could collect the over-sized piles, document the collection with a picture, and forcefully
charge a flat-rate on the water bill to compensate the City for collection costs. This would be done
without approval from the resident. This method is currently followed in the City of Lake Worth.
After speaking with a supervisor from Lake Worth, we determined that their process is extreme,
requires several supervisors and can result in poor customer service, Lake Worth is processing over
425 violations per month. Out of that number they receive 40-50 complaints per month and many
accounts are issued a credit. This is however an option should the City choose a "User Pays" approach.
2. The City could collect all debris on normal collection days regardless of volume. This process would
eliminate all human intervention and associated delay. Price quotes by supervisors would be
eliminated thereby negating the subjective nature in our existing process. Obviously, this approach
would result in a loss of revenue associated with the existing special collection process. Staff
recommends increasing the monthly residential garbage fee from $12.00 per month to $12.25 per
month to account for this revenue loss. We do not experience similar problems in our multi-family
communities therefore no rate change for multi-family is contemplated. This figure is derived from the
total special pick-up revenue collected during FY06/07 divided by the total customers billed (21.278).
Staff suggests an effective date of May 1,2008,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 2
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AGENDA ITEM REQUEST FORM
Staff recommends option 2 and if the Commission concurs, a revised Ordinance for future Commission action will
be prepared.
OPTIONS FOR CONSTRUCTION & DEMOLITION DEBRIS
Construction debris consists ofrenovationlremodeling material such as dry wall, windows, cabinets, roofing material
and/or hazardous material. This procedure allows "handy" homeowners to dispose of debris from small scale
projects in the home. Current Code allows for residents to place up to l-cubic yard at the curb. The same method is
used when residents have piles that are over the size limit as that for bulk-trash and vegetation. The process to
collect can also be lengthy due to the wait time to get piles assessed, resident authorization, etc. Staff has
considered options that will meet the goal of a smoother and quicker collection process for handling this debris in
bulk trash as well. Items that were considered are listed below:
1. Pickup pile and automatically charge resident on the water bill (same options as #1.)
2. Keep the procedure the same as it is now
3. Pickup all construction debris on normal collection day with no questions. This option would require the
special pickup fees associated with C&D to be borne by all residential customers. Staff believes this
privilege would be abused by some homeowners and private contractors would avail themselves to this
service. Therefore this option should not be further considered.
Staff recommends no change to collection of construction debris from residential properties. Our current process
seems to work well and the amount of construction debris generated by homeowners is negligible.
OTHER IMP ACTS AND ISSUES
No system will be perfect and there are far too many "what ifs" that can arise. In fact, staff identified dozens of
"what ifs" that were all minor yet impractical, ifnot impossible, to codify.
Additionally, we recognize that staff recommendations naively assume that all homeowners will comply with
existing Code and place items in front of their home on collection day only. The reality is that many residents will
place items in front of their home many days in advance of their regularly scheduled collection day. This happens
now. Staffs recommendation to collect everything will certainly address cleanliness on the day of collection but will
do little to accommodate those instances where material is placed on days when collection is not pending within the
next 24 hours.
Staff believes that the approach to collect everything on the regularly scheduled collection day is the most efficient
way to enhance the appearance of the community by reducing the duration the debris piles are allowed to be on the
street. This process is a thoughtful benefit and privilege to those homeowners that follow the rules. Unfortunately,
there will always be some residents that place debris well in advance of their scheduled collection day. This must be
strongly discouraged. In this scenario staff recommends that the homeowner be allowed 24 hours to remove the
debris or be assessed a special collection fee of$50 that would serve to reimburse the City for costs associated with
reassignment of resources from other areas of the City to collect the material. This fee should be automatically
placed on the water bill after the homeowner has been given 24 hours notice referenced herein.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 3
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AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: By collecting all bulk-trash and vegetation without limits this will improve the aesthetics of the
City.
FISCAL IMPACT: Picking up all debris will require a $0.25 increase on the residential refuse bill.
AL TERNA TIVES: To remain with the same programs and procedures as we currently have.
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City Manager's Signature
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Department Name
Assistant to City Manager
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City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM, DOC
4
IX.-CITY MANAGER'S
REPORT
ITEM B.
Review new resolution for enclave annexation
(Tabled on February 19, 2008)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 18, 2007 December 3,2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) ~ March 4, 2008 February 19,2008 (Noon)
D January 15, 2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14, 2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal 2 (lof R eo..cl, V\ ~
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this request on the March 4,2008 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on February 19, 2008, approved this request under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
PZ 08-001.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
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Amendment to Workforce Housing Ordinance (CDRV 08-001) rrl,)-.,
City-initiated CJ i- co
Request to amend Chapter 20. Building, Housing and Construction Regula~s, g ~
Article X, Section 3 and Section 4, clarifying applicability conditions and ~ typt~:5
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S:\Planning\SHARED\WP\SPECP OJ\CODE REVIEw\CDRV 08-001 Workforce Housing Ordinance\Agenda Request Amendmt to Workforce Housing
CDRV 08-001 3-4-08.doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 08-
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING CHAPTER 20, BUILDING,
5 HOUSING AND CONSTRUCTION REGULATIONS, AS
6 CONTAINED IN THE LAND DEVELOPMENT
7 REGULA TIONS, 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
]] CONFLICTS, SEVERABILITY, CODIFICATION AND
] 2 AN EFFECTIVE DATE.
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]4 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
]7 conducted a Boynton Beach Housing Needs Assessment Study which showed, in 2007, that
18 the need to address the workforce housing shortage in the City of Boynton Beach has become
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] 9 urgent; and
20 WHEREAS, at the time of the adoption of Ordinance 07-007, the residential real
21 estate market in Palm Beach County had already been in a downturn for over two years, with
22 ousing prices steadily faIling after their peak in November 2005; and
26 WHEREAS, the City's staff is of the opInIOn that, under the current economIC
23 WHEREAS, subsequent to the adoption of Ordinance 07-007, the housing market
24 lump deepened considerably and will likely persist through 2008, with a possible further
25 ecline in prices; and
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 it
Page I of 6
appropriate and in the best interests of the citizens and residents of the City of Boynton Beach,
2 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:
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Section 1.
The foregoing whereas clauses are true and correct and incorporated
8 herein by this reference.
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Section 2.
Chapter 20, Building, Housing and Construction Regulations, of the
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Land Development Regulations of the City of Boynton Beach Code of Ordinances, Article X,
] ]
Workforce Housing Program, Section 3, "Applicability, is hereby amended by adding the
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words and figures in underlined type and by deleting the words and figures in struck-through
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type, as follows:
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Sec. 3.
Applicability
Except as otherwise provided in this article, these regulations shall apply to
development applications consistent with the following conditions:
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A
A development that has not been the subject of a previous development
effier.. Developments with a residential component for which any land
use and/or a zoning category permitting the density in excess of 10
dwelling units per acre is applied, including the requests for planned
development districts in cases where the desired Future Land Use
classification is already in place and allows such densities;
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B
Major modification of an approved ~development site plan if (1) the
previous approval includes a density as described in condition A of this
section; and (2) such modification proposes more housing units than
previously approved; and (3) the previous development approval was
granted after April 3, 2007; in such a case, these regulations will apply
to additional units only; and
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c.
Deyelopments V-lith a residential component for 'Nhich any Mixcd Use
land use designation and a corresponding Mixed Use zoning category
is applied;
I*~Developments whose previous approval was consistent with condition
A of this section. that have been previously approved for a change in land use
to either Mixed use, Mixed use Core or Special High Density Residential and
whose site plan has expiredo and/or are requesting a site plan time extension.
Section 3.
Chapter 20, Building, Housing and Construction Regulations, of the
Land Development Regulations of the City of Boynton Beach Code of Ordinances, Article X.
Workforce Housing Program, Section 4, "Provision of workforce housing units," is hereby
amended by adding the words and figures in underlined type and by deleting the words and
figures in struck-through type, as follows:
Sec. 4.
Provision of workforce housing units.
Developers may be entitled the requested higher density land use and zoning
category if providing workforce housing units as stated below, subject to the
limits and requirements of this chapter.
A.
To be eligible for the requested higher density land use, the following
percentage of workforce housing units must be incorporated into the
development:
I. High and Special High Density Residential - Twenty percent
(20%) of the total number of proposed residential units in the
development shall be designated as workforce housing units.
Mixed-Use - Fifteen percent (15%) of the total number of
proposed residential units in the development shall be designated
as workforce housing units.
Mixed Use Core - Ten percent (10%) of the total number or
proposed residential units in the development shall be designated
as workforce housing units.
2.
..,
.) .
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TABLE 1
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LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSITY
High Density Residential PUD 10.8 dwelling units/acre
IPUD 10.8 dwelling units/acre
Special High Residential (SHR) PUD 20 dwelling units/acre
IPUD 20 dwelling units/acre
Mixed Use-Core (MXC) Mixed U se- High 80 dwelling units/acre
Mixed Use (MX) Mixed Use Low-1 20 dwelling units/acre
Mixed Use Low-2 30 dwelling units/acre
Mixed Use Low-3 40 dwelling units/acre
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D. The workforce housing units provided shaIl have the same percentage
of unit types as market rate units within the development. particularly
'.vith regard to the number of bedrooms, unless a contrasting unit type is
intended to address particular needs existing within the community at
the time of approval and substantiated by written evidence such as
related reports or data. If the application involves a maior modification
of an existing development, only the additional units are used in
determining the required unit mix. If thc application involves a major
modification of an existing development with a residential component,
these conditions apply to all additional units; ho\ve','er, the unit mix for
additional units is not required to match the one for units already built
on the site.
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Section 4.
Chapter 20, Building, Housing and Construction Regulations, of the
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and Development Regulations of the City of Boynton Beach Code of Ordinances, Article X,
orkforce Housing Program, Section 8, "Resale requirements," is hereby amended by adding
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Page 4 of6
the words and figures in underlined type and by deleting the words and figures In struck-
2 through type, as follows:
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Sec. 8.
Resale requirements.
To maintain the availability of workforce housing units which may be
constructed or substantially rehabilitated pursuant to the requirements of this
program, the following resale conditions shall be imposed on the workforce
housing units and included in the deed restrictive covenant recorded in the
Public Records of Palm Beach County:
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c.
The developer shall provide Workforce Housing Units that include unit
types in the same proportion as the market rate housing units-:-unless a
contrasting unit type is intended to address particular needs existing
within the community at the time of approval and substantiated by
written evidence such as related reports or data.
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1. If the Development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc.), the proportion
of Workforce Housing Units of each type to total Workforce
Housing Units must be approximately the same as the
proportion of market rate units of each type to total market rate
units.
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2.
If the Development includes both for sale and for rent units, the
proportion of for rent Workforce Housing Units to for sale
Workforce 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 Workforce and market rate units.
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4.
If the application involves a maior modification of an existing
development, only the additional units are used in determining
the required unit mix.
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Section 5. Each and every other provision of said chapter, not herein specifically
rmended, shall remain in full force and effect as originally adopted,
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Section 6.
All ordinances or parts of ordinance in conflict herewith be and the
2 same are hereby repealed.
Section 7.
Should any section or provision of this Ordinance or portion hereof be
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4 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
5 remainder of this Ordinance.
Section 8.
Authority is hereby given to codify this Ordinance.
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Section 9.
This Ordinance shall become effective immediately.
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FIRST READING this _ day of , 2008.
SECOND, FINAL READING AND PASSAGE this _ day of
,2008.
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28 ATTEST:
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31 anet M. Prainito, CMC
32 ity Clerk
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35 Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow 1. Hay
Commissioner - Marlene Ross
Page60f6
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 08-001
TO:
Chair and Members
Planning & Development Board
FROM:
Hanna Matras
Economic Planner
THROUGH:
./
I'" , 0-
Michael W. Rumpf v.... Lo./,
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 othelwise provided in this article, these regulations shall apply to development applications consistent
with the following conditions:
A A dc'Vclepmcnt #lat has net been the subjeet ef s prcy'iol:/;s ck"';?depJnent order. Develovments with a
residential comvonent (or which anv land use and/or a zoninJ! category vermitting the density in
excess o( 1 0 dwellinJ! units vel' acre is avplied, including the requests (or vlanned develovment
districts in cases where the desired Future Land Use classification is alreadv in vlace and allows
such densities:
B Major modification of an sppre'.'cd development site plan i( (1) the vrevious avvroval includes a
density as described in condition A o(this section: and (2) such modification vrovoses more
housinJ! units than vreviouslv avvroved: and (3) the vrevious development approval was zranted
after Avril 3, 2007: in such a case. these ref!Ulations will avvlv to additional units onlv: and
G:- Dcy'clepmcnts with a 1'e8idential e6111pcJl'lCnt for .,...hich any},lixcd Use land blSC desig/1stic-J1'I and 11
ce1"respending "~lixcd Use zening eatcgsr is applied;
B:-c. Developments whose vrevious avvroval was consistent with condition A o( this section that have
been pI"{;'.'ie/;lsly sppr-e'..ed fer a change in kind /;lSC te either J.fix-cd /;lse, },lixed /;lse Cere er Spceisl
High Density Resirientia! and whose site plan has expired. and/8r are rcqblc8ting 8.. site pkm time
exte1'lSiell.
Page 2
CDRV 08-001
For Section 4. Provision of workforce housing units:
D. The workforce housing units provided shall have the same percentage of unit types as market rate
units within the development. jJar-tiebllarly ~t'it.'lz 1"egsrd fa t.~c lllimher at hesl'tJal'lls, unless a
contrasting unit type is intended to address particular needs existinf! within the community at the
time of armroval and substantiated bv written evidence such as related reports or data. If the
application involves a maior modification of an existinf! development, onlv the additional units are
used in determininf! the reQuired unit mix. If ~hc applieS-Ran i1'l;:abes S l'IuJj ar l'Ilasi,fiestia1i tJ,,' an
existing davdajJl'Iwnt ~viHl a 1"esidcnRs! eal'llpanent, these ea1ulitians appl)' kJ all sdditiaHs.I blHits;
htJ~t'e..'er, the blnit l'Ili:x JY3r fluMiuans.! lillitS is 1itJt FefJ7:d1"ed ttJ mstch t.1.C anc.fer 'bInits awes-d}' hblil-t an
thc site.
For Section 8. Resale requirements:
C. The developer shall provide Workforce Housing Units that include unit types in the same proportion as
the market rate housing units~ unless a contrastinf! unit tvpe is intended to address particular needs
existinf! within the community at the time of approval and substantiated bv written evidence such as
related reports 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 type to total Workforce
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 for sale and for rent units, the proportion of for rent
Worliforee 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 Workforce and market rate
units.
4. If the application involves a maior modification of an existinf! development, onlv the additional
units are used in determininf! the required unit mix.
BACKGROUND/ANALYSIS
Proposed chan2es to applicability
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 chan!!es 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 staffs 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.
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CDRV 08-001
RECOMMENDATION
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:\PlanningISHAREDlWPISPECPROJ\CODE REVIEW\CDRV 08-001 Workforce Housing OrdinancelStaffReport.doc