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Agenda 10-07-08 , The City of B t ' IOY'-': Beach, r"",... ..i ". n Ion! ," .' " " -~.. 1" ! /' X' Pit ~' r ~, """J ,;pr' ","', "",.l ,C:., ",",,! .." " " ,..."'_ .. '" ~, ." ....: ' i 0,.4 ",,,,,....,.,,"'" "'''_,wm;<W' ....,0,"',.., ,.."d" .'-,-,', y o.,."",,,,";"""..;i., -,. ..J:':( ~.,.- ",$ ',>,. -~ .rt 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission 2nd REVISED AGENDA OCTOBER 7, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherot DISTRI T I City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium City of Boynton Beach REGULAR CITY COMMISSION MEETING REVISED AGENDA October 7, 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, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Announce the new Art in Public Places Art Connection Program B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Arts and Humanities Month - October 2008 b. Discover Afterschool Day - October 16, 2008 c. Emotional Well-Being Day -- October 7, 2008 2. Approve the proposed monument commemorating "The Immortal Four Chaplains." 3. Presentation of Award for Outstanding Efforts in Recycling by Susan Chapman of the Solid Waste Authority to the City of Boynton Beach. 1 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 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. Appointments Appointment Length of Term To Be Made Board Expiration Date II Hay Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (2) I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) IV Ross Cemetery Board Alt 1 yr term to 12/08 IV Ross Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 I Weiland Library Board Alt 1 yr term to 12/08 Tabled (3) II Hay Library Board Reg 3 yr term to 12/09 Mayor Taylor Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (2) I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) II Hay Veterans Advisory Commission Reg 3 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. A. Minutes 1. Regular City Commission - September 18, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 2 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 1. Award a piggyback to the City of Palm Bay contract #39-0-2007/SB with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms conditions, specifications and pricing for well rehabilitation services at an estimated annual expenditure of $600,000. C. Resolutions 1. Proposed Resolution No. R08-llS RE: Approving the assessment of costs of abatement of certain nuisances against properties within the City. 2. Proposed Resolution No. R08-ll6 RE: Approving the Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. D. Approve the full release of surety for the water and sewer improvements at the project known as Southwind Heights, and return the Letter of Credit No. 3074852 from Bank of America to the developer of the project. E. Ratify approval to allow the Supervisor of Elections (SOE) to utilize the Boynton Beach City Library Program for early voting beginning on October 20, 2008 and ending with the close of polls on November 3, 2008. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Recommendation from Green Task Force B. Report on take-home vehicles. C. City Commission to appoint a member to the Fire Assessment Hardship Waiver Review Committee 3 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 X. FUTURE AGENDA ITEMS: A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - October 21, 2008 B. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - November, 2008 C. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 D. 2008 Recreation and Parks Strategic Plan Update - January, 2009 E. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund. (Tabled on August 5, 2008) F. Review of NE 12th Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-029 RE: Amending Chapter 10, "Garqage, Trash and Offensive Conditions," of the City of Boynton Beach Code of Ordinances, by amending Section 10-24 (a)(S), "Single Family Residential Refuse Collection", to provide for limitations on the placement of refuse containers in proximity to streets and sidewalks within the City. 2. Proposed Ordinance No. 08-030 RE: Amending Section 9-22 of Chapter 9, "Fire Protection and Prevention," to identify individuals and entities who are responsible for payment of fire and safety inspection services. 4 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 D. Resol utions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE OTY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEEITNG, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHAll FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTIOPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACl1VITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTEllO, (561) 742-6013 AT lEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED AGENDA - 10/6/20089:42 AM S:\CC\WP\CCAGENDA\AGENDAS\year 2008\100708 - Revised 10-06-08.doc 5 . The City of Boynton B h ,~{ ,...~_..-.,., "~,.,.,,,.,. \ ,.2'M''' ;1""' r-'~~--" ,f; j '''. l' ;, ~i w, ,,:: .~ ..,..,....."'..eact'.... /~i,j '. ... T-,,;} i. ".,..,..,. ........,.x..'_,~ ,.. -'.: ,,)W' i:" " ,,J: ........,.) ,.. ,,-iii' . "<<,..,,.. ..-....'..".... ,..''':' '." '""..,;'" "", 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA OCTOBER 7, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III 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 City of Boynton Beach REGULAR CITY COMMISSION MEEnNG REVISED AGENDA October 7, 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, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements : 1. Announce the new Art in Public Places Art Connection Program B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Arts and Humanities Month - October 2008 b. Discover Afterschool Day - October 16, 2008 c. Emotional Well-Being Day -- October 7, 2008 2. Approve the proposed monument commemorating "The Immortal Four Chaplains." 1 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 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. Appointments Appointment Length of Term To Be Made Board Exoiration Date II Hay Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (2) I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) IV Ross Cemetery Board Alt 1 yr term to 12/08 IV Ross Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Education & Youth Advisory Board Aft 1 yr term to 12/08 I Weiland Library Board Alt 1 yr term to 12/08 Tabled (3) II Hay Library Board Reg 3 yr term to 12/09 Mayor Taylor Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (2) I Weiland Veterans Advisory Commission Aft 1 yr term to 12/08 Tabled (3) II Hay Veterans Advisory Commission Reg 3 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. A. Minutes 1. Regular City Commission - September 18, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 2 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 1. Award a piggyback to the City of Palm Bay contract #39-0-2007 jSB with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms conditions, specifications and pricing for well rehabilitation services at an estimated annual expenditure of $600,000. C. Resolutions 1. Proposed Resolution No. R08-115 RE: Approving the assessment of costs of abatement of certain nuisances against properties within the City. 2. Proposed Resolution No. R08-116 RE: Approving the Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. D. Approve the full release of surety for the water and sewer improvements at the project known as Southwind Heights, and return the Letter of Credit No. 3074852 from Bank of America to the developer of the project. E. Ratify approval to allow the Supervisor of Elections (SOE) to utilize the Boynton Beach City Library Program for early voting beginning on October 20, 2008 and ending with the close of polls on November 3, 2008. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Recommendation from Green Task Force B. Report on take-home vehicles. C. City Commission to appoint a member to the Fire Assessment Hardship Waiver Review Committee 3 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 x. FUTURE AGENDA ITEMS: A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - October 21, 2008 B. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - November, 2008 C. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 D. 2008 Recreation and Parks Strategic Plan Update - January, 2009 E. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund. (Tabled on August 5, 2008) F. Review of NE 1ih Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-029 RE: Amending Chapter 10, "Garbage, Trash and Offensive Conditions," of the City of Boynton Beach Code of Ordinances, by amending Section 10-24 (a)(5), "Single Family Residential Refuse Collection", to provide for limitations on the placement of refuse containers in proximity to streets and sidewalks within the City. 2. Proposed Ordinance No. 08-030 RE: Amending Section 9-22 of Chapter 9, "Fire Protection and Prevention," to identify individuals and entities who are responsible for payment of fire and safety inspection services. 4 Revised Agenda Regular City Commission Boynton Beach, FL October 7, 2008 D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach 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 AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTlVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Revised Agenda 9/29/08 5: \CC\ WP\CCAGENDA \AGENDAS\year 2008\lOO708.doc 5 T'he City of S.,., t' B'" hl I " .i,,' ", In".. ! t" r ,\nl,'..'! ;~,';'"e~,~._.:a"~.;; ,; ",,"; :, OYl },Q J",j,. '_JC I , 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA OCTOBER 7, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof DISTRI T I City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for fho ^Ai/Jonnit 1m WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. - . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). s:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET. REVISED 04-Q4-07.doc , . City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA October 7, 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. Announce the new Art in Public Places Art Connection Program B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Arts and Humanities Month - October 2008 b. Discover Afterschool Day - October 16, 2008 2. Approve the proposed monument commemorating "The Immortal Four Chaplains." . 1 ------ , Agenda Regular City Commission . Boynton Beach, FL October 7, 2008 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. Appointments Appointment Length of Term To Be Made Board Exoiration Date II Hay Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (2) I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) IV Ross Cemetery Board Alt 1 yr term to 12/08 IV Ross Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/08 Tabled (2) . Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 I Weiland Library Board Alt 1 yr term to 12/08 Tabled (3) II Hay Library Board Reg 3 yr term to 12/09 Mayor Taylor Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (2) I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) II Hay Veterans Advisory Commission Reg 3 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. A. Minutes . 1. Regular City Commission - September 18, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. . 2 ---- , Agenda Regular City Commission . Boynton Beach, FL October 7, 2008 1. Award a piggyback to the City of Palm Bay contract #39-0-2007/SB with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms conditions, specifications and pricing for well rehabilitation services at an estimated annual expenditure of $600,000. C. Resolutions 1. Proposed Resolution No. R08~11S RE: Approving the assessment of costs of abatement of certain nuisances against properties within the City. 2. Proposed Resolution No. R08~116 RE: Approving the Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. D. Approve the full release of surety for the water and sewer improvements at the project known as Southwind Heights, and return the Letter of Credit No. 3074852 from Bank of America to the developer of the project. 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. Recommendation from Green Task Force B. Report on take-home vehicles. C. City Commission to appoint a member to the Fire Assessment Hardship Waiver Review Committee D. Report on location for Early Voting x. FUTURE AGENDA ITEMS: . A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - October 21, 2008 3 . . Agenda Regular City Commission . Boynton Beach, FL October 7, 2008 B. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - November, 2008 C. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 D. 2008 Recreation and Parks Strategic Plan Update - January, 2009 E. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund. (Tabled on August 5, 2008) F. Review of NE 12th Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING . None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-029 RE: Amending Chapter 10, "Garbage~ Trash and Offensive Conditions," of the City of Boynton Beach Code of Ordinances, by amending Section 10-24 (a)(5), "Single Family Residential Refuse Collection", to provide for limitations on the placement of refuse containers in proximity to streets and sidewalks within the City. 2. Proposed Ordinance No. 08-030 RE: Amending Section 9-22 of Chapter 9, "Fire Protection and Prevention," to identify individuals and entities who are responsible for payment of fire and safety inspection services. D. Resol utions: . None 4 -------- ---- . Agenda Regular City Commission . Boynton Beach, FL October 7, 2008 E. Other: None XIII. UNFINISHED BUSINESS: A. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach XIV. ADJOURNMENT: NOTICE IF A PERSON DEODES 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 AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR AcnVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENIY-FOUR HOURS PRIOR TO THE PROGRAM OR AcnVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. . Agenda 9/23/08 5: \CC\ WP\CCAGENDA \AGENDAS\y ear 2008\100708.doc . 5 '" . III.-ANNOUNCEMENTS 8r. PRESENTATIONS Item A.1. CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORlV1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19, 200S August 4, 200S (Noon) D October 21, 200S October 6, 200S (Noon) o September 2, 200S August IS, 200S (Noon) o November 5, 200S October 20, 2008 (Noon) D September 16, 200S September 2, 200S (Noon) D November IS, 200S November 3, 200S (Noon) [8] October 7. 200S September 15, 200S (Noon) D December 2, 200S November 17, 200S (Noon) !Xl Announcements/Presentations 0 City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business 0 Public Hearing D . RECOMMENDATION: Announce the new Art in Public Places Art Connection Program. EXPLANATION: Art Connection is a monthly program that connects art, artwork and artists with the public. The programs are educational, informative and entertaining. The program launched Monday, September 15th and will continue monthly at the City Library's program room. PROGRAM IMP ACT: We anticipate our new program will provide numerous benefIts to the public i.e., informing the public about the City's AIPP, introducing artists and art organizations to the public, and educating the public on how art is created. Additionally, it encourages patronage at our newly renovated Library. FISCAL IMPACT: This program is offered free to the public. The presenting artists are providing their programs free of charge. AL TERNA TIVES: Not announce the new program. ATTACHMENTS: First four month's of Art Connection program flyers. i/iJltf !/~J~ ilW?1 O!~ ~~ ( Department H6'ad's Signature City Manager's Signature Assistant to City Manager CfW/ Pub/i[ hJ- . Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC .. \ i @ A~ii}:~~b'ii; ~i~~cs ~" . Jinri..-/rin!l our C<mmumity tlrrougl. l"uhlit- Art PRESENTS ART CONNECTIONS The 3rd Monday of every month, Art in Public Places hosts a program that connects art, artwork and artists with the public. Learn about public art, art organizations and artists that are out there getting it done. FREE TO THE PUBLIC Monday, September 15, 2008 Breakthroughs Steven Nussdorf Artist for these Times ; t~ ",'" ~,~ n t:. __. "" ___.... .-'jl This event showcases art and writing that reflect the daily pressures that exist today. Steven will show images of his artwork and read his thoughts. They are snapshots of life as it is today. You will be drawn into the scenes and words to learn that there might be an answer and a change forthe better. This is Breakthrough Art. 6 p.m. - 8 p.m. Boynton Beach City Library Program Room . 208 South Seacrest Blvd. For more information www .boyntonbeacharts.com Call (561) 742-6026 .,. . <li) City of Boy,,'on Bead, . A~~ . :-~,; .Art in Public Places ~r~ J,:"ric:l,i"y tlur Ctmununity 11Irouyl. PuMk ..\rl PRESENTS ART CONNECTIONS The 3rd Monday of every month, Art in Public Places hosts a program that connects art, artwork and artists with the public. Learn about public art, art organizations and artists that are out there getting it done. FREE TO THE PUBLIC Monday, October 13, 2008 Public Art at Boynton Beach Town Center Mark Fuller, Public Artist Mark Fuller is an avid public artist. His liThe Last Pasture", "Waterhole #3", and "Eight Horses" public art in the new Boynton Town Center is one of Boynton's first projects for the City's Art in Public Places program. Learn how the horse sculptures in the Boynton Town Center rotaries and the horse paintings on the Linens n' Things wall was created and fabricated. Don't miss this enlightening presentation! . 6 p.m. - 8 p.m. Boynton Beach City Library Program Room 208 South Seacrest Blvd. For more information www.boyntonbeacharts.com Call (561) 742-6026 " ~.. . Ci~ of Boynt?" Beach f~4. .. ,~,_~ In PublIC Places.-~ Enriching our Community through Public Art PRESENTS . ART CONNECTIONS The 3rd Monday of every month, Art in Public Places hosts a program that connects art, artwork and artists with the public. Learn about public art, art organizations and artists that are out there getting it done. FREE TO THE PUBLIC Monday, November 17,2008 Art LiQk, Internat.leinal H.ighwaymen Documentary . Art Link International, a gallery in Lake Worth, that specializes in Highwaymen and Florida artwork, is showing their new documentary on the Highwaymen. This one hour docurnentary was directed by Highwayman expert, Jack Hambrick and will air Nationally on PBS, (PubliC Broadcast Station). Learn about the history of the Highwaymen, who they were and how they came to be. G p.m. - 8 p.m. . Boynton Beach City library - Program Room 208 South Seacrest Blvd. For more information www.boyntonbeacharts.com Call (561) 742-6026 . . ~ City of Boynton Beach ~, ):." Art in Public Places.~ ..' __~____"__'___._"_ ..__._.___.___..__~,....___ _m.'__, , Enriching our Community through Public Art . PRESENTS ART CONNECTIONS The 3rd Monday of every month, Art in Public Places hosts a program that connects art, artwork and artists with the public. Learn about public art, art organizations and artists that are out there getting it done. FREE TO THE PUBLIC Mond.ay, December 15, 2008 Seeing vs Thinking . ~~- Ralph Papa, Fine Artist \~~'f~~ and ,>C>)'~~ . ,"q-,., ~,.'"< . Instructor '~~.",:~:i?\)\'; Artist Ralph Papa specializes in teaching drawing and painting to anyone at any level interested in advancing their artistic skills. Participants in his workshops learn to see in a whole new way and can more accuratelyput what they see on paper or canvas. "Seeing vs Thinking" reveals Ralph's background and experiences, specifically this presentation deals with how our brains right and left half hemispheres either enable us to see accurately or block us from seeing. Come listen, learn and be inspired to create! . 6 p.m. - 8 p.m. Boynton Beach City library - Program Room 208 South Seacrest Blvd. For more information www.boyntonbeacharts.com Call (561) 742-6026 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 D October 21, 2008 October6,2008 QNoon)c:> 0 August 4, 2008 QNoon) n,~ 00 ===i-< o September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October20,2008 (Noo~ -(0 -0 ('">'TJ o September 16,2008 D November 18, 2008 r- '0:3 September 2, 2008 QNoon) November 3, 2008 (NooN; ~o --< 181 October 7, 2008 D December 2, 2008 ~% September 15,2008 QNoon) November 17,2008 (N~ ,Ulci W ~:z: .. ""r'f:Q;J D s:.-~ 181 AnnouncementslPresentations City Manager's Report ... == NATURE OF 0 Administrative 0 :c New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDA TION: Recommend declaring a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach. . EXPLANATION: The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted an Art in Public Places Program and supports the program through the guidance and authority of the Arts Commission, which has consistently recognized the importance of this industry. Barbara Ready, Arts Commission Chair, will accept the declared proclamation. PROGRAM IMP ACT: This Proclamation will help raise awareness of Arts and Culture in the City of Boynton Beach. FISCAL IMP ACT: None ALTERNATIVES: Not to declare a procllll11ation for the Month of 2 as National Arts and Romanities Month fur the City of Boynton Beach. ~ ~~~U~h ~S~ Assistant to City Manager ~ . Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC PROCLAMA TION The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country, as well as by the White House and for more than two decades. The arts and humanities affect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity and community livability. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. The nonprofit arts industry in Palm Beach County, represented by cultural organizations and that participated in the Americans for the Arts Economic Prosperity Study III, strengthens our local economy by generating $209.1 million in economic impact and supported 4,812 full time equivalent jobs in one year alone. Those same participants provided public financial support by generating more than $9.8 million in local taxes and $9.6 million in state taxes. Since October 5, 2005, the City of Boynton Beach adopted and supports its Art i Public Places program and through the guidance and authority of the Arts Commission has consistently recognized the importance of this industry. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim the month of October as: "National Arts and Humanities Month" in Boynton Beach and urge that citizens participate and celebrate the arts and humanities. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach, Florida, the 7th day of October two thousand and eight. Jerry Taylor, Mayor ATTEST: Janet M. Prainito, CMC City Clerk IIl._ANNOUNCEMENTS lk PRESENTATIONS Item C.l.b . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1n Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) Q <::;) <:,,>=1 D D November 18, 2008 00 =1-< September 18, 2008 September 2, 2008 (Noon) November 3, 2008 (NoOCJi) -<0 f"T1 n"Tl -0 r8J October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17,2008 (N-) r-m fTlO - :::u-<: :J:a ~:z: (/)-1 r8J D City Manager's Report :% 00 AnnouncementslPresentations - ""t1% - D Administrative D New Business .. -r'lG:i NATURE OF 'm - 5~ AGENDA ITEM D Consent Agenda D Legal (".) /TIC'\) :::z:: D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D . RECOMMENDATION: Present Proclamation EXPLANATION: Prime Time Palm Beach County, Inc. has requested a Proclamation to commemorate Discover Afterschool Day, which will be celebrated on October 16. Discover Afterschool Day is celebrated nationwide to call attention to the importance of afterschool programs for America's children, families and communities. In Palm Beach County over 19,000 students are enrolled in afterschool programs. Prime Time Palm Beach County, Inc., which is funded in part by the Children's Services Council of Palm Beach County, provides significant leadership in the areas of commlmity involvement in the education and well-being of our youth, grounded in the principle that quality afterschool programs are key in helping our children become successful adults. Bennie Drain, BS, Outreach and Advocacy Specialist, Prime Time Palm Beach County, Inc. will accept the Proclamation. PROGRAM IMPACT: This Proclamation will help raise public awareness of the importance of after school programs. FISCAL IMP ACT: None AL TERNA TlVES: Not present Proclamation. -uJ~, ~~p-{ ~ City Manager's Signature Dep t H 's SIgnature . Assistant to City Manager UNIJ Public Affairs Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Proclamation WHEREAS, the citizens of the City of Boynton Beach stand firmly committed to quality afterschool programs and opportunities because they: . Provide safe, challenging, engaging and fun learning experiences to help children and youth develop their social, emotional, physical, cultural and academic skills. . Support working families by ensuring their children are safe and productive after the regular school day ends. . Build stronger communities by involving our students, parents, business leaders and adult volunteers in the lives of our young people, thereby promoting positive relationships among children, youth, families and adults. . Engage families, schools and diverse community partners in advancing the welfare of our children. WHEREAS, Prime Time Palm Beach County, Inc., has provided significant leadership in the area of community involvement in the education and well-being of our youth, grounded in the principle that quality afterschool programs are key to helping our children become successful adults. WHEREAS, October 16, 2008, is the day of national celebration of Discover Aftershcoo', that promotes the critical importance of quality afterschool programs in the lives of children, their families and their communities. WHEREAS, more than 28 million children in the U.S. have parents who work outside the home, and 14.3 million children have no place to go after school. WHEREAS, many afterschool programs across the country are facing funding shortfalls so severe tha they are being forced to close their doors and turn off their lights. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim October 16, 2008 as: "Discover Afterschool Day" and urge the citizens of Boynton Beach to enthusiastically endorse "Discover Afterschool" and commit our City to engage in innovative afterschool programs and activities and ensure our children and youth have access to affordable, high quality afterschool programs during non-school hours. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 7th day of October, Two thousand Eight. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) -.. . 111._ANNOUNCEMENTS 8&. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORl\. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) o October21,2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) X October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) X AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Approve the proposed monument commemorating "The Immortal Four Chaplains." . EXPLANATION: The Boynton Veterans' Council is offering to fund this monument to be placed at Bicentennial Park. The Boynton Beach Veterans' Advisory Commission voted on September 10, 2008, to recommend that the City Commission accept this monument for placement at Bicentennial Park. All costs are to be borne by the Boynton Veterans' Council. PROGRAM IMP ACT: Recreation & Parks Department will be authorized to site the monument as there are other monuments located within the park. The Boynton Veterans' Council will be required to provide a signed and sealed drawing of the foundation which will need to be submitted to the Permitting offices for approval. The Boynton Veterans' Council will also be required to provide a signed and sealed report from an engineer affirming that the monument will withstand the required wind load, which must be submitted in conjunction with the foundation permit application. These requirements have been noted to and accepted by the Co-Chair of the Boynton Veterans' Council. FISCAL IMPACT: The Boynton Veterans' Council has agreed to fund this project, at no cost to the City. ALTERNATIVES: Reject the offer of the Boynton Veterans' Council. d/- 41~ City Manager's Signature Assistant to City Manager ~ RISK MANAGEMENT Department Name City Attorney / Finance . RMNeterans Advisory Commission/Agenda Item Four Chaplains Monument.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ Sep 10 08 12:31p Tom Kaiser 5612761976 p.1, . .~""""'.,' . '. i:'.~. '..... .. . ,1 :;:::f~:-i;; _~ 8~YHtOH___,! ~tD'tlH$~_~C;~He;e "..;:..-;1"....-....~..:':.~:..,..~-: ... n*'__... __.. _.. __.....~.. ~..._.... .._..,_._......~.... ._,__"., ..._h_.... .._._,..._..... . __.. _.! . .- Mayor Jerry Taylor All City Commissioners Mr, Kurt Bressner, City Mgr. Dear Friends, At a regularly Scheduled Meeting of the Boynton Vets Council it was moved, seconded And unanimously Voted to present the City of Boynton Beach one on the most beautiful Monuments to the Immortal Four Chaplains in the Country. . We will absorb all costs relating to the building and complete install ation of this Monument. We will be present at the City Commission on October 7,2008 with an artists rendition Of this magnificent Memorial to the brave of the brave!!! We ask for an early Presentation as we can drive home in the ligb~ Thank you. MostRespec~ Tom Kaitser, 2- Chair Boynton Vets Council . j ~ A/ . /. )! f/f/t2 U'vz:.;; Veterans _. . ~C DC ~ ~ . . .. .. . - . - ~ a ~ f. , fJ ~ I . - - . ... Page 1 of 1 , . , .- .~ -..; Subj: Toms photos . Date: 8/8/200810:33:24 AM. Eastern Daylight Time From: aa!}gjtC5lt~ To: 'IVYIJJ'-~~vr CC: LakewQrthmonumen@_bells9yth..net . . Looking for a car that's sporty, fun and fits in your budget? Rea~L[e'ljew~.on AQL_8yt9.s. . Friday, August 08, 2008 America Online: WWIINA VY ~ . One of the most extraordinary acts of heroism during World War II occurred in the icy waters off Greenland after a u.s. Army transport ship was hit by a German torpedo and began to sink rapidly. In February of 1943, the U.S. Army transport ship, Dorchester was carrying 751 passengers, 130 crew members and 23 naval personnel on its journey from Newfoundland to an American military base in Greenland. The Dorchester was one ofthree transports in a small convoy, accompanied by three u.s. Coast Guard cutters. Seas were rough and the Dorchester rode the waves poorly, dipping and swaying, bouncing and trembling as it plowed along through the winter blackness. All during the voyage, the four chaplains; George L. Fox, Alexander D. Goode, Clark J-: Poling and John P. Washington, helped to soothe the nerves of the 700 young draftees and enlisted men on board by walking among them while laughing and joking, and by putting on amateur floor shows every night. On the evening of February 2, 1943, one of the Coast Guard cutters detected a submarine on its sonar and blinked the warning 'we are being followed' to Dorchester's Captain, Hans J. Danielsen. An urgent radio call then went out requesting anti-submarine patrol planes. But the response came back that the planes were patrolling "elsewhere." They were now only about 150 miles from their destination and hopes were high they might make it to port unmolested. But as a safety precaution, Captain Danielsen ordered all of the men on board to sleep in their clothing . and life jackets. Many of the men deep in the ship's hold ignored this order due to the sweltering engine heat and the uncomfortable bulkiness of the life jackets. At one o'clock in the morning of February 3, 1943, the ship's bell struck twice. The periscope of German submarine U-223 poked through the water's surface and spotted the ship in its cross hairs. The Dorchester was blasted on its starboard side near the engine room far below the water line, killing a hundred men and knocking out all power and radio contact. Captain Danielsen was informed his ship was rapidly taking on water. He gave the order to abandon ship. Panic now set in among the men below decks as they groped around in the darkness, struggling to get topside. Many had no life jackets or clothing. Those who made it up onto the listing deck immediately realized they were about to die in the Arctic air and frigid water. Lifeboats quickly became overcrowded to the point of capsizing. Rafts were tossed into the sea but drifted away before anyone could get into them. Only two lifeboats out of 14 were successfully launched. Amid the disorder, the four Army chaplains quietly spread out among the soldiers, preaching courage to the frightened, offering prayers to the wounded, and guiding the disoriented. After most of the survivors had struggled up on deck, the four chaplains opened a storage locker and began handing out life jackets. Soon they ran out. "Padre," a young soldier hollered, "I've lost my life jacket and I can't swim!" One of the four chaplains, it is not known which, removed his and said, "Here, take mine. I won't need it. I'm staying." The other three followed his example. "It was," an eyewitness recalled, "the finest thing I have ever seen or hope to see this side of heaven." Now, just 27 minutes after the torpedo struck, the ship was about to go down. The four chaplains locked arms together and braced against the deck with its heavy starboard list. They prayed, each in the tradition of his own faith, as the water reached their knees. Of the 902 aboard, 675 died, leaving just 227 survivors including 28 crew members, 44 civilian workers, 3 Danish citizens, 12 Navy gun crewmen, 7 Coast Guard personnel and 135 U.S. Army personnel. . News of the tragedy and the heroic conduct of the four chaplains caused a sensation in America. On December 19, 1944, the Distinguished Service Cross for "extraordinary heroism" and the Purple Heart were awarded posthumously to the chaplains' next of kin. In 1961, the u.S. Congress authorized a unique Special Medal for Heroism which had never been given before and is never to be given again. ------------------------- - V. ADMINISTRATIVE ITEM A. . APPLICANT ELIGIBLE FOR APPOINTMENT 10/07/08 Last Name First 1st Choice 2nd Choice 3rd Choice Name Dwork Jonathan Planninq & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission Norfus Victor Planning & Dev Bd. Timm H. Warren Planninq & Dev Bd. . . S:\CC\WP\BOARDS\APPMENTS\Board Year 200S\Applicants Eligible for Appointment 10 70S.doc 1 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19, 2008 August 4,2008 (Noon) o October 21,2008 October 6,2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) r8J October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) r8J AnnouncementslPresentati ons 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Allow presentation by Susan Chapman of the Solid Waste Authority to the City of Boynton Beach. EXPLANATION: The Solid Waste Authority will be making a brief presentation and presenting an award for Outstanding Efforts in Recycling to the City of Boynton Beach for the great partnership and teamwork that the city has shown through their efforts in recycling. This award is being given to all 38 municipalities for their valuable efforts in recycling and to recognize them for their participation. PROGRAM IMPACT: This presentation will raise awareness of the benefits and importance of recycling in the City of Boynton Beach. FISCAL IMPACT: None AL TERNA TIVES: Not to allow presentation. " ;' -1/ l~. A.--- ~. 7V. .L.... c1 ,'\....~ . I City Manager's Signature Assistant to City Manager Ch-c- City Manager's Office Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ . VI.-CONSENT AGENDA ITEM 8.1 CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4, 2008 (Noon) D October 21 , 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) November 3, 2008 (Noo~ sa D September 16, 2008 September 2, 2008 (Noon) D November 18, 2008 n-t --< ""'.'. ~ -<& [8J October 7, 2008 September 15,2008 (Noon) D December 2,2008 November 17, 2008 (Nd'I'V) C'")"'llI r-m - f'I"IC) ....., ::111,-< .::xz 0 Announcements/Presentations 0 City Manager's Report .." tJi-f :x 0 0 0 0% NATURE OF Administrative New Business en ""l .. 3~ AGENDA ITEM [8J Consent Agenda 0 Legal N ~", <:) rr:\" . .1'\) 0 Code Compliance & Legal Settlements 0 Unfmished Business % 0 Public Hearing 0 . RECOMMENDATION: Motion to "piggy-back" the city of Palm Bay contract (contract # 39-0-2007/SB) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services at an estimated annual expenditure of $600,000. The City of Palm Bay complied with Public Contract Bid requirements equal to or which exceeds Boynton Beach's requirements. EXPLANATION: The City of Boynton Beach has 29 production wells and 2 Aquifer Storage and Recovery (ASR) wells. Production wells are used to recover raw water from underground whereas ASR wells are used to inject treated water underground during the rainy season and then reclaim that water during the dry season or as needed. Well yield is affected by the age and physical condition of the wells as well as the underground environment. To increase well yield the wells may be rehabbed, a process that involves a combination of two or more of the following: (i) removal and reinstallation of the pump, motor and well head (ii) air lifting sand and other sediments from the well (iii) chemical cleaning of the well by adding acid to kill bio-mass and other organisms that may clog screens or porous rock structures underground (iv) rebuilding or replacing of pumps and motors, if needed Further, ongoing maintenance of the wells aids in achieving good well yields. This maintenance may include rebuilding or replacing relief and check valves, line cleaning or relining of pipe and calibration, repair or replacement of flow meters. On average, about 10 wells are rehabbed each year and the same will hold true for the coming year. The City of Palm Bay renewed their term of agreement to retain Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) for its well rehabilitation services on July 13, 2008. AMPS have provided this very service in the past and have done so satisfactorily. PROGRAM IMPACT: Well yield decreases with increasing age of the well and deteriorating physical conditions of the well and underground structures~ A decrease in raw water supply in turn leads to less water being available for home and industrial use. The Utilities department began utilizing the City of Palm Bay's contract with AMPS, Inc. in January 2004 which resulted in successful rehabilitation of wells throughout the City of Boynton Beach at a significantly reduced cost. Thus, good . production has continued at efficient pump age rates for home and industrial consumers. FISCAL IMPACT: CIP Renewal and Replacement Account number: 403-5000-590-96-02, (WTR075) and 406-5000-590- 65-02, WTR075, 401-2811-536-46-50. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC " . CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM ALTERNATIVES: The City of Boynton Beach could issue its own bid or look for other contracts to utilize. However, this may lead to well rehabilitation and replacement at a significantly higher cost. ~D{b;~ i~ City Manager's Signature U~~Lu- Assistant to City Manager ~ City Attorney / Finance . . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ -- . AQUIt=ER MAINTENANCE & PERFORMANCE SYSTEMS INC. . 7146 Haverhi11 Road N. . West Palm Beach, FL 33407.561-494-2844 July 31 ~ 2008 City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Phil Taylor (561) 742-7299 Re: CITY OF PALM BAY CONTRACT #39-O-2007/SB Aquifer Maintenance & Perlonnance Systems, Inc. (AMPS; Inc.) agrees to allow the City of Boynton Beach to piggyback our existing contract with the City of Palm Bay (contract #39-0-2007/SB) extended thm 7/31/09 'l'0th the same terms, conditions, specifications & . pricing. If you have any questions about the above infonnatioD. or if we may be of any further assistance please don't hesitate to call. Thank you. Sincerely, Jim- MUTTA-"1 Jim Murray President . FOR YOUR TOTAL PUMP & WELL FIELD NEEDS , . CITY OF PALM BAY AMENDMENT TO PURCHASE AGREEMENT . BID/CONTRACT # 39-0-2007 This amendment to the Purchase Agreement for Well Rehabilitation Services made and entered into as of April 16, 2008 by and between the City of Palm Bay and AMPS. Inc. The Agreement entered into on Julv 13, 2007 as to term, is hereby amended to renew the term of Agreement for twelve (12) additional months, with the same terms and conditions, commencing on July 13. 2008 and terminating on Julv 12, 2009. (This is the second year of an optional five~year agreement). In the event this contract term is not the same as the fiscal year end (10/1/07- 9/30108), renewal of this agreement is subject to any required City Council approval or ratification and appropriation of funds necessary to make payment to successful bidder. You are required to submit your updated insurance certificates naming the City of Palm Bay as the other insured. These certificates are required to be returned with your acceptance of this notice. The parties hereto execute this Amendment to become effective as of the date . and year first above written. CITY OF PALM BAY COMPANY NAME 120 Malabar Road SE AMPS, Inc Bobbye Marsala, CPPo, CPPB, By: ~oot C.P.M.,FCPM,FCPA Purchasing Manager :g(')bhijQ ~~ ~r~ '\Iv\U\fV^" 'f~o~ Signature / ate Y -I 7~'O ~ Signature / Date J . , CONTRACT 39-0-2007 - Well Rehabilitation Services AMPS, Inc. . Effective 1113/08 - 7112/09 Item # ITEM DESCRIPTION UOM PRICE 1 Well Drill Per foot $ 30.00 ;2 Well Service Rig Per hour $ 198.00 3 Pump Service Rig Per hour $ 65.00 4 Cement work or demolition Per hour $ 80.00 5 On Site Welding Unit Per hour $ 110.00 - 6 Machine Shop Welding Per hour $ 45.00 7 PumplWell technician Per hour $ 85.00 g Chemical Treatment Per hour $ 75.00 9 Well abandonment Per hour $ 100.00 10 Specific Capacity test, Before and after rehabilitation Per hour $ 75.00 11 Well Development and Redevelopment Per hour $ 135.00 12 Chemical disinfection of well after rehabilitation Per hour $ 250.00 13 Pump Motor Retrieval Per hour $ 125.00 14 Miscellaneous work as needed, normal business hours Per hour $ 125.00 15 Miscellaneous work as needed, non normal business Per hour $ 187.50 . 16 Flow Meter Maintenance and Calibration Per hour $ 80.00 17 Deep well Pump Maintenance Per hour $ 110.00 1B Well/Pump /Motor maintenance Per hour $ 90.00 19 Raw water disposal Per hour $ 15.00 20 Airlift welf Per hour $ 135.00 21 Pump test Per hour $ 140.00 22 QUClrterfy well monitoring reports Per report $1500.00 23 Water Storage Tank Residual Cleaning Per tank $5000.00 24 Down hole video surveys Per video $ 650,00 25 360 Degree Video Per video $q50.DD 26 Mobilize, demobilize &. cleanup Per well $ 600.00 27 Wellhead/pump removal, cleaning and reinstall Per well $1900.00 28 Well Acidlfication/EPA Per well $1800.00 29 Chlorine Maintenance ofWe!ls Per well $ 250.00 TOTAL COST [Add line 1 -29J I $14,905.50 30 I Percent of Markup for Parts supplied & installed I 15.5% . . ,'I,"t. . ~ . .,.,.,,; ,'" Palm Bay June 28. 2007 James Murray President AMPS, Inc 7146 H~verhW Road N West Palm Beach FL 33407 RE: CIty of Palm Bay RFP #39.0-2007 Wefl RehabilitatiDn Services Dear Mr. MurriilY On June 21. 2007, the City of PSllm Bay City Council aW<!lrded the above referenced proposal to your comp<lny in full accordance with the terms. conditions and specifications as stipulated In the proposal document. Please sign thiS Notice of Award and two (2) copies of the enclosed Service Agreement and return to the City of Palm Bey Purchasing & Contnacls Division. 120 Malabar Road, SE, Palm B;,:ty. FL 32907. Deliveries or contractuer performance sh<;lli not commence until authorization is given by issuance of a . P~Jrcha;;e Dreier either verbally and confirmed in wrIting; or, by r€~ceipt of a Purchase Order r;locum~nt. Please submit an llpdat.ec! insurance certificate for your Worker's Compensation policy. The certificate included WIll, your proposal shows this policy has expired. All other policies :<!Ire on file and unexpired. This certificat~ is required to be retum~ with YOllr acceptance of this notiOe. We appreci8te your interest in the City of Palm Bay and look forward 10 fu1ur& contact with your company. Sincerely, CITY OF PAI~M BAY AMPS, loe . :n . . 3obb~. rr;G--o~ By:~ )~SM\\y~ .rl~t _ Bobbye Ma seta, CPPo. CPPB. C.P.M.. FCPM. FCPA ~ . , NarllefTitle (print) " Manager, Purchasing & Contracts Division _~I~ tU~~~,- l\~,-b+ Signal;0,~e ') ::,...:.,""') Date ...................,...~"'" ~....,.........". Enclosures (3): Copy of Original signed Notlc'e ofAWilrd Uitf:gf Agreement for SerVioes -2 co~ies Purcho$ing & Contracts Di~'isio1'l .,. _. ~ ..,., 120 Molo=lbof Rood SE ..j~Qlm Bey, FL 3290i"..s$d~ . Pnon!!!: 321.952.3424 . Fox: 321.~9:S2.340 1 .'.vwW.ipClliriboyflorldn:org . ., . , . . .. . . AGREEMENT FOR WELL REHABILITATION SERVICES t<-- THIS AGREEMENT. made this 8.. day of, J qC:!t- 2007. by and between the City of palm Bay, 120 Malabar Road, SE, P",'m Bay, FL 32907, a municipal corporation existing under the laws of the State of Florida. hereinafter referred to as the "City" and, I\MPS. 'nc., hereinafter referred to as the "Contractor", for the term specified herein. with the City hiirving the option to extend this Agreeme1'1t for an addftional period of time, upon mutual agreemerlt of the parties, therefore, for good and valuable considerati01"l. the receIpt and sufficiency of which the parties acknowledge, the parties agree 25 fOHow:>: WITNESSETH: I. DOCUMENTS The following documents are hereby incorporated into and made part of this agreement. {i} Specifications and Contract Documents prepared by the City of Palm Bay, ''Welf Rehabilitation Services" RFP #39-0-2007/S'8 (Exhibit A). (ii} Prooosal for the City of P~lm Bay prepared by Ccmtractor dated June 4, 2007 (Exhibit B). All exhibits may also be collectively referred to as the "Documents". In the event of any conflict betv.reen the Documents or any ambiguity or missing specifications or fnsti>1.lC!ion, the follOWing priority is establiShed: A. Specific direction from the City Manager (or designee). . B. This Agreement dated '7 -/3- , 2007 and any attachments. C. Exhibit A D. Exhibit e II. SCOPE The Contractor is to perform the Work under the general direction of !he City as defit'lecllr'l the Request for Proposal and amendments, if any. the Request for Proposal and any amendments thereto being attached hereto as Exhibit "A"{City's Request for Proposal}, incorporated by reference herein aoo made a part thereof as fully as if herein set foNh. \ Unless otherwise specified Merein, the Contractor is to wmish all materials, tools. equipment. manpower, and consumabJes to complete the Work. By signing this Agreement. the Contractor represents that it has inspected the work site (as described in tile PoctIments) and has thoroughly reviewed the doculments incorporated into this Agreement by reference and that it accepts me work and lhe condrtiom. under which the work is to be performed. . . Ill. TERM OF AGREEMENT . The period of this Agreament shall be for twelve (12) months. beginning on August 1. 2007 and ending on July 31, 2008. This Agreement may, by mutual written assent of the peTties, be extended for four (4) additional twelve (12) month periodS or portions thereof, up to;;J cumulative total of sixty (60) months, IV. COMPENSATION The Contractor agrees to provide the services amI materials as specified in its propOS<:lt to the City at the unit costs specified in said proposal and amendrnEmts, if any, thereto being attached hereto as Exhibit"aw (proposal sheets) and incorpomted by refer'ence herein end made a part. hereof. The SmOlInt as specified in Exhibit "8" (proposal sheets). may be increased or decreased by the City under thiS agreement. through the issuance of a writle1'l Addendum. Any ptices specified in this Agreement or Addendum thE~reto. will remainf1rrn for tha term of this Agreement or Addendum period. V. PAYMENT Upon G1cceptam::e of wor\< by using department of the City, employees and others. the City shall make payment to the Contractor in accordance with tM Florida Prompl Payment Act, Section 218.70. Florida Statues. The CIty reserves the right, with justification, to partially pay any invoioe submitted by the Contraetor . when requested to do so by the using City department All invoices shall be directed to the Accounts Payable Section. City of Palm Say, 120 Malabar Road, SE, Palm Bay, Fl 32907. NOTE: ALL INVOICES MUST CLEAR!.. Y fNDICATE THE CITY PURCHASE ORDER N'UM8ER. VI. GEN~RAL CONDITIONS A. Patents The Contractor shall pay all royalties and ass~lme all costs ariSing from Ihe use of any invention, design, process, materials, equipment, product or device in performsrtCe of the Wark, whioh is the subject of patent rights or copyrlgntS. Contractor shall, at its own expense, hold harmless and defend the City against any claim. suit or proc$Eldlng bro1Jght against the CIty which is based upon a claim. whether rightfUlI or otherwise. that the Work, or any part thereof, furniShed under this Agreement, C01'l:;utut€l$ 811 infringement of any patent or copyright of the United St<!tes or ;;Jny other country. The Contractor shall pay all damages and costs awarded against the City and ecknowl,edge other and additional good and valuable consideration for this provision. . ----------- . . B. Indemnification For othl<:!r ;;md adclition<Jl good and valuable con!;ideration. the receipt and sufficiency of which is herby ;:;lcknowledged. the Contractor agrees on Contr.3ctor's behalf, and, incll.ldfl1g but not limited to and on behalf of its employees, suppliers, agents, offi.cers, representatives. contrOlctOl"$, subcontractors. and all others working for andlor on behalf of the COrln-actor (hereinafter Contractor) to indemnify and hold harmless the City and including but not limited to all of its employees, suppliers. agents, officers. representatives, contr<;lctors, subcontracfors arid alt olhers working on behalf of the CUy (herein after ~City") from and Clgains! all liability. casls, and expenses, inCluding but not limited to attomey's fees. experts ana consufl fees. and suR costs for both trial and appeal, any and all claims, demands, judgments, loss Of damages on account of injuries, disease or death to any person or damage to property. or any type of IOS$ or damage whatsoever ariSing out of or in connection with misconduct deliberate. intenUonal or negligent performance. 110n performance or other breach of obligation hereunder by Ct>l1tractor. In addition, Contractor shell indemnify. defend and hold harmless City against all fiability, costs, expense, expert witnesses' fees, attorney's fees, claims, losses or damages that the City may incur arising from the following: (1) A violation by Contractor of any applicable federal, state Dr local hilW, rule or . regulation including, without limitation. performance conditions in this Agreement; (2} Any penalty or fine incurred by or assessed against City to the l:OOent caused by any act of the Contractor; (3) Any injury. illness, disease. death or other harms Sl.lff$1"ed or incurred by any employee of Contractor, resultin9 t'mm fhe failure of Con\ractar to comply with applicable health and safety proCEl,jures, regardless of whether or not the entity involved has adopted OSHA or EPA safety and health protocols and procedures; (4) Any patent or copyright infringemElnt by Contractor; (5) Any lien or other claim by contractor inconsistent with thrs Agreement; (6) Any obligation of City resulting from Contractor's errors, omlssiot1sor breach of obligation. C. Environmental Health and S.afetv Contractor shall place the highest priority on health and safety sl'1dshatl maintain a safe working environment during perrormmnce of the Work. Contractor shall comply. arld shall secure compliance with all applicable environmental, health. safety and security laws and . -. ., "' ...... .... , , regulations. and performance conditions in thi!; Agreement Compliance with such . requirements shall represent the minimum standard required of Conlramor. Contractor shall be responsible for examining all requirements and determine whether addiUonal or more stringent /J!ovironmental. health, safety and security provisions are required for the Work. Contractor agrees to utilize pr"OtectJve deices as required by applicable laws, regulations. and any industry or Contractor's health and safety plan:> and regulations, and to pay the costs and expenses thereof. and wa~nts that all such persQI!1$ shari be fit and quallfied to carry out the Wor~, Nothing contained in this Agreement shall affect Contractor's statlls as an independent contractor. Contractor shall ensure that 1M provisions of this Agreement are made binding on all persons or entities who perform on Contractor's behalf. A violation of this proviskln shall be considered 10 be a material and $ubs1an~ial breach of tflis Agreement. D. Termination City shall have the rlght ~t any time to terminate tMl Work, wfth or without cause, upon thirty (30) days wrItten notice (the ''Terminatiot'1 Notice"). 11'1 thE! event the contract is terminated by the City the Contractor shalf only be entitled tel payment for the Work performed to the date of the termination and it shall not be entiUed to receive any amount for other ;:lnd additional gooo and valuable consideration the r&~eipt of whJch is hereby aoknowledged by t~ parties hereto, the Contractor covenants and agrees that in the event of any delay of construction ~lnd notwithstanding the reason fo/" the delay or who caused the delay or . whether it was caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages, expenses, ;mp~cts or losses for extended corporate overhead imp;:lcts. extended project overhead impacts, project support services, extended support services impacts, inadequate drainagE! system impacts, unsuitable subsurface conditions impac.ts, non~cooperation of Contractor's. subcontractors or any indepel'ldent, non "affiliated corrtrac;tors impacts for other contractors' conduct or failure to perform. or by whatever other label or legal concept or theory, or any business damages, or business losses, or financial impacts of whatever type or nature, and Contractor hereby waives any right to make any such claIm or claims. This provision will have no application or effect when construction delays are anticipated and agreed upon by both the City and the Contractor. E. Warranty The Contractor warrants that the Work lncluding, tU.lt not limited to the equipment, materials and employees provided shall oonform to profi!ssional standards of care and practice in effect at the tlme the Work is performe<l, shell ~e of the highest quality and be free from all faults, defects or errOrs_ Whenevet required by the specifications of the Request for . . Pl'Opos~l, the Cootractorwarrants that all e,quiprM,nl and materials provided shall be new. If the Contractor is notified In writing of OJ fault, deficiency or &tror in the equipment, materials, Work or criminal records of employees provided within tan (10) days from the discovery of any fault, deficiency or error of the Work. the Contractor shall, at the City's option, either:: 1) re-perfurrn such portions of the Work to co~ such faull, defect or en-or, at no additional oost to the City, or 2) refund to the City, any amounts p<!id by the City that are attributable to such portions of the faulty, defective or erroneOus Work, including the costs for te- performance of the work provided by other Cont..actors. ALL EQUIPMENT AND MATERIALS PROVlDE~O ANO UseD BY THE CONTRACTOR SHAlL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE LIABLE F;OR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PE~FORMEO UNDER THIS AGREEMENT. F. Time of Completion The parties understand and agree that time is of the essenCE: in the performance of this Agreement. The Contractor or CIty. respec1ively. shall not be liable fDr any loss or damage resuWng from any delay or failure 10 perform its oontractual obligations within the time specified t1ue to but not limited to acts of God. actions or regulations by any governmental . entity or representative, strikes or other labor trouble, fire, natural or man-made disasters, or any other causes. contingencies or circumstances not subject to the Contractor's or City's control. respectively, whether of a similar or dif.similar nature, that prevent or hinder the performance of the Contractor's or City's contrac~tual obligations. My such c;ause~ of delay. even though existing on 1he date of the Agreement or on the date of the start of Work. shall extend the time of the Contractor's or City's parfOnTl.ance by the length of the delays occasioned thereby, including delays reasonably Incident to the resumption of normal Work schedules. However. under such circumstancels as described herein, the CIty may at its discretion, cancel this Agreement at its sole discretion for the convenililnce of the City and the COl1tractor shall only be entitled to compensation for all work satiSfactorily performed and the Iimitatiot"l of damages provision col'ltained in Sec1i.on VI. LIMITATION OF lIAB/lITY shall apply. G. Liquidated Damages Parties agree that damages are difficult to determine but the following liqUidated damages are agreed to be a reasonable cost for any delays: If tne Contractor shall neglect, fail or refuse to complele the Work within the time specified. or any proper extension thereof granted by the City. then the Contractor hereby :ilgrees. as part consideration for awarding the Agreement. to paytl1e City the sum of Orw-Hundred Dollars ($100.00), for each end . . every calendar day that the Contractor shSlI be In default after the time stipulated in the . Agreement for completing the Work. The Contractor and City acknowredge and agree that said sum is not a penalty but liquidated damages for breach of contract. H. Insurance Requira/nents: The Contractor. at its own expense, shall keep in force and at all times maintain durilig tile term of this Agreement: s. Commercial Ganeml Uabilit\G The contractor shall provide minimum limits of $, .000,000.00 e;ach occurrence, $1.000,000.00 annuaf aggregate- cDmbined single limit for bodily injury and property damage liability. This shall include premises/operations. independent contractors, products, completed operations, broad form property damage. personal 'and advertising injury, and contractual liability, specifically confirming and inSl,lri'ng the indemnification and hold harmlass clause of the contract. This policy of insUlrance shall be considered primary to and not contributing to any insurance maintained by the City of Palm Bay and shall name the City of Palm Bay as an additional insured. The polley of insurance shall be written on an "occurrence" basis and form. b. Automobile LjabllttvJnsumnee: Contractor shan provide minimum limits of liability of $1,000,000.00 each accident, combined single IIm!t for bodily Injury and property damage. This shall include coverage . for: .. Owned Automobiles . Hired Al.Jtomobiles . Non.Owned Automobiles c. Workers' COn'lDensatfon Coveraoe: Full and complete Workers' Compensation Coverage, including cover~ge for Employer's Liability. elS required by State of Florida law, shall be provided. d. Insurance Clfrtfficates: The City of Palm BOlY is to be specifically inc~lJded on all certitlcates of Insurance (with exception to W(lrkers Compensation} as an additional insured. All certificates must be received prior to commencement of $E:lrvlca/worl<. In the event the insurance coverage expires prior to the completion of this contract a renewal certificate shall be issued thirty _ (30) days prior to said expiration date. The! certificate Shall provide a thirty" (30) day notification clause in the event of cancellaticlli or modification to the policy. The Contractor shall declare any self-insured retention or deductible amount in excess of $5.000 for any policy. The City reserves the, right to reject any self-insured retention or . . . deductible in excess of $5.000, All insurance carriers shall be rated (A) Of better by the most recently published A. M. Best Rating GuIde. Unless otherwIse specified, it shall be the responsibitity of the contractor to insure that all subcontractors cclmply with the insurance requirements set forth in this Agreement. The City may req uest a copy of the insur'Clnce policy according to the n<iture of the project. City reserves the right to accept or reject the insurance carrier. Contractor shall obtain insurance on an "occurrence" basis If such insurance is available at commercially reasonable premium costs. Any Insurance on a "claim made" basis shall be maintained fDr alleast three (3) years after acceptance of the WorK. I. Acceptance The City will be deemed to have accepted the WClrk aft~r the Purchasing Agent is notified by the appropriate City department{s} of its satisfaotion that the work for their respective department(s) is completed. J. Correction of Work The Contractor shall promptly correct all Work rejected by the City for failing to conform to this Agreement. The Contraotor shall bear all costs of correcting such rejected Work. K. Right to Audit Records . The City shall be entitled fO audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the perfonnance of this Agreement or any sut>~contract to this Agreement. The Contractor shall maintain such bo{)ks and records for a period of three (3) years from the date of final payment LInder this Agreemem and by the sub-contractor for a period of three (3} years from the date Of final payment under the sub~contract unless a shorter period is otherwise authori7.ed in writrng. L Time 15 of the Es&Qnce The parties agree that time is of the essence in ihe completIon of the Work called for under this Agreement. By executing this Agreement. Contractor affirms that It believes the schedule to be n"asonable; provided, however, the parties acknowledge that the SChedule might be modified as the Clty directs. The Contractor agrees that all Work shall be prosecuted regularly. diligently, and uninterrupted at such a rate of progress that will ensure full completion thereof within the time specified. . . M. Infonnatlon . All information. including but not limited to dl~ta. documents, pions, and specifications fumished to or developed for the City by the Contractor or its employees, pursuant to this Agreement, excluding previously copy written m B'terlals, shall be th€ sole property oHMe City and all rights therein are reserved by the City, except that t~e Contractor may disclose any such information to its corporate affiliates and tllSk agents. N. Extra Work The City, wift10ut invaiidating (his Agreement, lTIay order changes in the Work within the general scope of this Agreement consisting of addltJons. deletions, or other revisions. the Agreement price and time being adjusted accordingly. All such changes in the Work. shall be authorized by written Addenda to this Agreement, and shall be executed under the applicable conditions of the Agreemenl If the Contractor plans to make a claim for ,m increase in the Agreement price Or an extension in the Agreement SchedulelT erm, written notice shall first given to the City within ten (10) calendar days after the occurrenCe of the event giving rise to such a claim. The Contractor shall give this written notice to [he City, together with written approval secured from the purchasing Agent before proceeding to execute the Work. No claim for extra work will be considered valid by the City unless first approved by the City in writing wilh Contractor's claim submitted in writing. O. Familiarity With The Work . The Contractor by executing this Agreemetll acknowledges fulL total and complete understanding of the extent and character 'Jf thl:! Work required and the conditions surrounding the performance thereof. ThlS City will not be responsible for or be bound by any claimed misunderstanding of the Work to be furnished or oompleted. or any misunderstanding of conditions surrounding thl~ performance thereof. It is understood that the execution of this Agreement by the Contractor serves as its stated unequivocal commitment to fulfill all the conditions referred to in this Agreemen.t P. Title and Risk of Loss The title and risk of loss to the Work shalf pass from the Contractor to the City upon the city's final acceptance of the Work. Q. Inde,pendent Contractor. Non~As$ignment and Subcontracts In the performance of the Work, Contractor shall operata and have the stalus of an independent contractor and shall n01 act as or be an agent 0, employee of City. Contractor shall1'lot assign (his Agreement Contractor shall obtain the consent of City. in writing, of each subcontractor it ir'itends to Ul~e before entering into a contract with any . . subcontractor. Each subcontract must contail'1 provisions. or ~ made expressly subject to this AgrEl€lment's provisions, for insurance, indemnification, envimnment and ha:alth and safety. ownership of documents, termination. inspectIon 3M on-waiver, at least as restrictive in form and COntent as those contained or referred to in this Agreement. Contractor shall advise each prospecttve subcontractor of these requiremenf;~ and shall assure that each subcontractor complies with them. R. Inspectlon and Non~Walver Contractor shall permit the representatives of Clty to inspect and observe the Work at all times. The failure of City to insist upon strict performam:e of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as waiver of City's right to assert or rely on any suet, terms or rights on ;;ny future occasion or as a waiver of any other t~rm$ or rights. S. Notices All notices required by any of the Contract Documents shall be in wriLIng and shalf be deemed delivered upon mailing by certified mail, retum rEtceipt requested to the following: To the Contractor. James Murray . AMPS, (nc 7146 Haverhill Rd N W Palm Beach FL 33407 To the City: Purchasing ASlent City of Palm Bay 120 Malabar Road, SE Palm Bay, FL 32907 With a copy to; City Manager City of Palm 8'3)1 120 Malabar Road, SE Palm Bay, FL 32907 T. No L1en$ Contractor acknowledges thai Contractor or any other person directly or indirectly acting for or through COl1tractor are legally unabll;! to file ::1 mQchanic's or construction lien against the rea! property on which the work is performed or any part fhereof or against any personal property or improvements thereon or make a claim against any monies due or to become due from the City to Contractor for or on aCC'O\.lOt of any work, labor, services, material, equipment, or other Items furnished In conn€~ctlon with the Work or any change order, Contractor agrees to inform all subcontractors "r such Inability and further agrees to satisfy. . remove, or discharge any liens or claims that may be filed at its UWrl expense by bond, . payment or otherwise within twenty (20) days of the filing thereof or from reoeipt of written notice from thS City_ Addl'lionally, until l;uch time as such lien or claim Is satisfied, removed or discharged by Contractor, all monies due to Contractor or that become due to Contraotor before the Hen or- claim ;s satisfied, removed or otherwise diSc:har~Jed shall be held by City as security for the satisfaction, removal and discharge of such lien ~Ind any expense that may be incurred while obtaining such. If Contractor shaH fail to do so, CIty shall have the righ~ in addition to all ottJer rights and remedies provided by Ihls Agreement or by law, to satisfy, remov~, or discharge sucn lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and e~pen5lelS shall, without limitation ~ereby, Include attorney's fees, litigation costs, fees ano' expenses and all oour! costs and assessments. VII. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability or any cause of action arising out of this Agraarnent, so that the City's liabilityror any breach o€!ver exceeds the sum of $'100.00. For other and additional good end valuable consideration. the receipt and sufficiency of which is hereby acknowledged, Contractor expresses i\s willingness to en1er into this Agreement with the knoWledge that the Contractor's recovery from the City for any action or claim arising from the Agreement is limrted to a maximum amount of $ 100.00 less th1e amount of alf funds actually paid by the . City to Contractor pursuant to this Agreemet"lt Accordingly, .and notwIthstanding MY other term or condition of this Agreement that may suggest othelWlse, Contractor agrees that the City shall not be liable to Contracto!" for damages in an amour'lt in excess of $100.00, which amount shall be redu~ by the amount actually paid by ttle City to Contraclor pursuant to th is Agreement, for any action, caUSE!, reason or ,::Iaim arising out of this Agreem ent. Nothing contained in this paragraph or elsewhere in this ,l\greement is in any manner intended either to be a waiver af the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. or to extend the City's liabillty beyond the limits established in sard Section: and no claim or award against the City shall include attomey's fees. investigatrve costs, expert fees, suit costs or pre-jl.Jdgment interest. VIII. MISCELLANEOUS PROVISIONS A, The Contractor shall comply with all ap?licatl1efed,eral, slate and local laws, ordinances. rules and regulations pertaining to the performance 0'/ Work under this Agreemer'lt 6_ No waiver, alterations, consent or modmcation O'f any of the provisions of this Agreement shaH be binding unless written and sIgned by the City Manager, . c. The Contractor shall procure all permits. licenses. and certific<3tes, for the proper execution . and completion of the Work under this Agret~ment. including arty approvals of plans or specifications as: may be required. D. This Agreement is considered a non-exclusive Agreement betweer'J the partieS. E. This Agreement shan be governed by and construed aCGordfng to the laws of the State of Florida, and the rigl'1ts of the parties hereto shall be construed and be subject to the laws of the State of Florida. The parties hereby waive the right to a trial by jury /n any action. proceeding or counterclaim brought or Filed by either of them against the other, Venue for any court action arising out of this agreement ~~hall be in Brevard County, Florida. F. The undersigned hereby certify that this Agreement is made wltllout prior understanding. agreement or connection with any corporation, firm or person who submItted bids for the Work covered by this Agreement and i$ in all re-spects faira"d without collusion orfraud. As to Contractor, the undersigned hereby warrants and certifies that he/slle is authorized to enter into this Agreement and to execute It on behalf of the Contractor as the act of' the said Contractor, G. This Agreement. including Exhibits 'W' and '13", contains all the terms and conditions agreed upon by the parties. No other agreements. oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. . " . . IN WITNESS WHEREOF, th~43rtjes hereto nave hereunto set their /"rands and seals on the date first . written above I I I (fLJ ! / i ,. If "; .,., ,', .r\ leY l'fr:I",) City Attorney' Da1$ By 7::Zv-V' FLD~DA City Manager Lee Feldman Name (lyped or printed) WITNESS: m~ . COUNTY OF in$~rument wa~ aqknowJedged before me (hiS\~~ day of 2., 2007. by for ~\M.P~ \~v_ . T Personal known to me. _ Type of Identification Produced SEAL (Type or printeclname) Notclry Public Joti'" .~ NOtil1' :>ulllj.. Stm~ 01 florid, . J.; ,JayN' i 1>rlTl(jible '\~'Jr Mi \,,;;m!!',,!;:\rOn O[)ll50tt16 ....'" bpl't!S1l7lPIW09 . -. --.- . . ; VI.-CONSENT AGENDA ITEM C.l CITY OF BOYNTON BEACt . AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Requested City Commission Date Final Form Must be Meetina Dates Turned in to Citv Clerk's Office Meetina Dates Turned in to Citv Clerk's Office 0 August 19, 200S August 4, 200S (Noon) 0 October 21, 200S October 6, 200S (Noon) 0 September 2, 200S August lS, 200S (Noon) 0 November 5, 200S October 20, 200S (Noon) 0 September lS, 200S September 2, 200S (Noon) 0 November lS, 200S November 3, 200S (Noo'lb 0 e- CJ::) .... g October 7, 200S September 15, 200S (Noon) 0 December 2, 200S November 17, 200S (NCllIO) ~',~ . ,..,., -<0 ." n-" D An nou ncementsjPresentation s D City Manager's Report - r-CQ 0"\ "'0 ::t1-< NATURE OF D Administrative D New Business :;x; :ta .z AGENDA ITEM ~ :x OO-f Consent Agenda D Legal - 00 Code Compliance & Legal - ."Z .. .,,-'CtJ D Settlements D Unfinished Business - a'r.1'1 D Q .)1. Public Hearing D tT1a ::c RECOMMENDATION: Motion to adopt a Resolution to assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, . the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. PROGRAM IMPACT: FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. The alt~rnative~~not place liens on the roperties and not collect for the ~ " 1 City Manager's Signatu~ . Assistant to City Manager ( Department Name City Attorney j Finance S:\CC\WP\LOT MOWING ASSESSMENTS\AGENDA MEMOS\Record Liens - 100708 Meeting.doc ,- " 1 RESOLUTION NO. 08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOL VED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, beginning in March, 2008 and continuing through July, 2008, a contract 13 vendor was requested by Code Compliance to mow the lots of the properties described in 14 Exhibit "A"; and 15 16 WHEREAS, the owners of the parcel(s) of property hereinafter described were 17 invoiced by the Finance Department on two occasions in an effort to recoup these costs with 18 no response; and 19 20 WHEREAS, said nuisance was not abated as required; and, 21 22 WHEREAS, on August 12, 2008, all of the property owners listed in the attached 23 Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to 24 avoid incurring a lien on their property; and 25 26 WHEREAS, the City Manager or his authorized representative has made a report of 27 costs actually incurred by the City and abatement of said nuisance as to the property(s) 28 involved, which is described in Exhibit "A" attached to this Resolution; and 29 30 WHEREAS, upon passage of this Resolution, the property owners will be furnished 31 ith a copy of this Resolution, and given one more opportunity to remit all costs associated 32 ith the abatement in full within 30 days of the passage of the Resolution, before transmittal 33 o the County for recordation of Liens; and 34 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 37 HE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 38 39 Section 1: Each Whereas clause set forth above is true and correct and 40 ncorporated herein by this reference. 41 42 Section 2: The amount of costs incurred by the City and the abatement of the 43 bove-described nuisance as to the parcels of land, owned and indicated to wit: 44 45 46 SEE A TT ACHED COMPOSITE EXHIBIT "A" :\CA\RESO\Legislative Actions\Nuisance Abatement Liens 10070B.doc . . . . 1 2 (Charges cover Invoices dated March, 2008 through July, 2008) 3 Subject amount is hereby assessed as liens against said parcels of land as 4 indicated, plus an additional administrative charge of $30.00 for each Lien. 5 Liens shall be of equal dignity with the taxes there from for the year 2003, and 6 shall be enforced and collected in like manner pursuant to applicable 7 provisions of law. In the event collection proceedings are necessary, the 8 property owner shall pay all costs of the proceedings, including reasonable 9 attorneys fees. 10 11 Section 3. This Resolution shall become effective immediately upon passage. 12 13 PASSED AND ADOPTED this _ day of October, 2008. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor - Jerry Taylor 19 20 21 Vice Mayor - Jose Rodriguez 22 . 23 24 Commissioner - Ronald Weiland 25 26 27 Commissioner - Woodrow L. Hay 28 ATTEST: 29 30 Commissioner - Marlene Ross 31 32 anet M. Prainito, CMC 33 ity Clerk 34 35 36 37 {Corporate Seal} . :\CA\RESO\Legislative Actions\Nuisance Abatement Liens 100708.doc FirstName LastName Comoanv StreetAddress CitvStateZip Invoice# CEB# PCN# Salutation #ofdays Dollars CHARliE ANDREWS ET AL 641 NW 5TH ST BOYNTON BEACH FL 21709 08-1002 084345212 Mr. Andrews 139 206.03 33435 20030050 VIOLA FEDERHENN 706 NE 7TH AVE BOYNTON BEACH FL 21710 08-1001 084345220 Ms. 139 206.03 33435 30020100 Federhenn TOBON NORBEY 26 SW 151 ST BOYNTON BEACH FL 21909 08-1064 084345281 To Whom It 125 302.06 & DIANA 33435 001150291 May Concern GARCES GEORLANDO GONZALEZ 1322 E liBBY DR WEST PALM BEACH FL 21981 08-935 084345320 Mr. Gonzalez 109 302.06 33406 30230070 VIOLA FEDERHENN 706 NE 7TH AVE BOYNTON BEACH FL 22313 08-1419 084345220 Ms. 83 206.03 33435 30020100 Federhenn CHARliE ANDREWS ET AL 641 NW 5TH ST BOYNTON BEACH FL 22314 08-1420 084345212 Mr. Andrews 83 206.03 33435 20030050 MC KEAN & 11759 OSPREY POINT CIR FT PIERCE FL 33449 22462 07-2448 084345212 To Whom It 68 4,543.11 LANSON 40000040 May Concern ERIC ALLEN SR 525 NW 12TH AVE BOYNTON BEACH FL 22463 08-715 084345211 Mr. Allen 68 4,537.90 33435 40004460 JOHN FIELD PO BOX 21849 FT LAUDERDALE FL 22467 08-840 084345091 Mr. Field 64 453.09 33335 20030120 CHARliE ANDREWS ET AL 641 NW 5TH ST BOYNTON BEACH FL 21963 08-1237 084345212 Mr. Andrews 111 206.03 33435 20030050 VIOLA FEDERHENN 706 NE 7TH AVE BOYNTON BEACH FL 21964 08-1221 084345220 Ms. 111 206.03 33435 30020100 Federhenn CHARliE ANDREWS ET AL 641 NW 5TH ST BOYNTON BEACH FL 22661 08-1725 084345212 Mr. Andrews 34 206.03 33435 20030050 VIOLA FEDERHENN 706 NE 7TH AVE BOYNTON BEACH FL 22662 08-1724 084345220 Ms. 34 206.03 33435 30020100 Federhenn . . . / ..-- .. I " VI.-CONSENT AGENDA . ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19. 2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) S o September 1 8, 2008 o November 18, 2008 Q , '0-.4 September 2, 2008 (Noon) November 3, 2008 ONoontx) ~:' CI') 'a> rg) October 7, 2008 o December 2. 2008 ,..., n~ September 15,2008 (Noon) November 17, 2008 (Noo1l'P r'. ~ mo ~ ::.J,-( ';:11;..% 0 0 !E ---( AnnouncementslPresentations City Manager's Report "'0 NA TURE OF 0 Administrative 0 New Business 1<<:9 ~ AGENDA ITEM rg) Consent Agenda 0 Legal .r::- ell .' . "., 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 . RECOMMENDATION: Recommend approval of Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. EXPLANA TION: This is a three~year agreement that becomes effective October 1,2008 and expires on September 30,2011. PROGRAM IMP ACT: This document addresses issues of pay, benefits, and working conditions for the City's 123 members of Local 1891. FISCAL IMP ACT: Year 1-$ 322,026.17 Year2-$ 667,796.36 Year3-$ 724,384.12 Total three-year Collective Bargaining Agreement impact- $1,714,206.65 ALTERNATIVES: Do not approve this Agreement and continue the negotiati . ~/~L Department,Read's Signature City Manager's Signature William L. Bingham, Fire Chief ~Sistant to City ~.ger ()nt1:-- ff.-e~ c.et2s c v c:. ~c- - ~ . Department Name City A~mey I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC .. \ . ] RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE 7 INTERNATIONAL ASSOCIATION OF 8 FIREFIGHTERS, LOCAL 1891 FOR THE PERIOD 9 OF OCTOBER 1, 2008 THROUGH SEPTEMBER 30, ]0 2011, AND AUTHORIZING AND DIRECTING THE 11 MAYOR AND CITY CLERK TO EXECUTE THE ]2 AGREEMENT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 ]5 WHEREAS, the City of Boynton Beach and the International Association of ]6 Firefighters, Local 1891 have successfully conclude~ negotiations for a three (3) year ]7 contract; and . ]8 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 19 and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 2] the best interests of the residents and citizens of the City to ratify the Agreement and 22 execute the same; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confirmed by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby ratify the Agreement between the City of Boynton Beach and the International . 3] Association of Firefighters, Local 1891 for the period of October 1, 2008 through 32 September 30, 2011, and authorizing and directing the Mayor and City Clerk to execute S:\CA\R.ESO\Agreement>\CBA Ratification9.IAFF 08-1l.doc .. , 1 the Agreement, a copy of said agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution will become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of October, 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 , ] 7 Commissioner - Woodrow L. Hay 18 19 20 Commissioner - Marlene Ross 21 ATTEST: 22 23 24 Janet M. Prainito, CMC 25 City Clerk 26 27 (Corporate Seal) S:\CAIRESO\Agreements..CBA RatificationslAFF 08-ll.doc .. , . October 1, 2008 - September 30,2011 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFt-CIO, GlC . Ratified by Union Ratified by Commission . IAFF~ CITY~ # . - -. - . - -- TABLE OF CONTENTS Article Title. PaQe --- Preamble... ... ............. ......... .......... .,. ........ 1 ADDENDA . 1 Recogn ition......... ............. ........... . . . . . . . . . . . . . . . . . .. 2 2 Discrimination............................................... . 3 ADDENDUM "A" 3 Payroll Deduction of Dues............................... 4 Post Accident 4 Union Business.. ................... .......................... 5 Drug and Alcohol 5 Representation of the Union........................... 7 Testing Policy 6 Representation of the City.............................. 8 Page 71 7 Rules and Regulations.................................... 9 8 Hours of Work...... ..... ......... ....................,........ 10 ADDENDUM "B" 9 Working Conditions........................................ 11 W ages-2008-11 10 Uniforms and Safety Equipment...................... 12 Page 83 11 Physical Exams & Immunizations.................... 16 12 Group Insurance/Drug-Free Workplace........... 20 13 Operator's Insurance................................... ... 23 ADDENDUM "e" 14 Wages... ...................... ............................. 24 Tuition Refund 15 Overtime and Call back.. ................ ................ 31 Program I Rules 16 Exchange Time............... .......... ......................33 Page 86 17 Sick .Leave......... .............. ............................. 35 18 Compassionate Leave.................... ......... ........39 19 Vacation.............. ....... .................................. 40 ADDENDUM "D" ., 20 Personal Time.... ......... ......... ......................... 42 Career Ladder and I 21 .Holidays............................. ........................... 43 . Promotional Criteria 22 Court Time.. ..... ................ ... .......................... 45 Page 94 . 23 Working Out of Classification......................... 47 24 Education............ ..................:....................... 48 25 Educational Incentive....................... ...............50 26 Certification Incentive Pay........................ .,. ...... 51 27 Licenses & Registration Fees........................... 54 28 Seniority LisL.................. .............................. 55 . . ---29-------~- -------Vacancies and Promotions.............................. 57 30 Longevity.............. ........................... ........... 58 31 Bulletin Boards............................................. 60 32 Notification and Distribution........................ 61 33 Grievance Procedure......... ....... .................... 62 34 Prevailing Rights........ ......... ..... .................... 65 35 Savings Clause.................. ...... .................... 66 36 Appendices, Amendments & Additions.......... 67 37 Successors.... .............................................. 68 .38 Compensatory Time................................. 69 39 Management Rights... ... . . . . .. .. . ... . . . . . . . .. . ... .,. 71 40 Supplemental Retirement Insurance............. 73 41 Collateral Documents......... ...... '" .., ...... ..... 76 42 Duration... ........ ... ........ .......... .... ...... .... .... 77 -- Signature Page.......................................... 78 IAFF ~fr CITY~ . , , . PREAMBLE Section 1. This Agreement is entered into by and between the City of Boynton Beach, hereinafter referred to as the "City", and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891, of the international Association of Fire Fighters, hereinafter referred to as the "Union". Section 2. It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences that may arise and to establish proper standards of wages, hours and other conditions of employment. . 1 . 2008-2011 IAFF~ CITY. ~ ,. . ARTICLE 1 RECOGNITION Section 1. The City hereby recognizes the Union as the sole and exclusive bargaining agent for all employees of the Fire Rescue Department except Chief of the Department, Deputy Chiefs, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineers, Fire Inspectors, Staff Members hired under personal appointment contracts, and clerical personnel. Section 2. This recognition will be for the purpose of bargaining with the City with respect to wages, hours of work, and all other terms and conditiohS of employment. . 2 . 2008-2011 IAFF \JL-- CITY P;f- I ~ , . ARTICLE 2 DISCRIMINATION The City agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Union. . . 3 2008-2011 IAFF~ CITY~ - -- . , . ARTICLE 3 PAYROLL DEDUCTION OF DUES Section 1. The City agrees to deduct, once each pay period, dues and assessments in an amount certified to be current by the Treasurer of the Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month, by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for 30 days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of $100.00 per . contract year. Section 2. Any employee may revoke his/her dues deduction by forwarding their intentions to the Union Treasurer in writing. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. 4 . 2008-2011 IAFF~ CITY~ . , . ARTICLE 4 UNION BUSINESS Section 1. UNION BUSINESS Up to two officers of the Union or their designees shall be granted time off without loss of pay to attend Union functions, not to exceed ten (10) shift days per contract year, provided it does not affect the operation of the Fire Rescue Department. Five of the ten shift days (24 hours) may be used in2 to 12 hour increments, provided the leave is approved by the Shift Commander. Section 2. UNION TIME POOL . A. Between September 1 and September 15 of each subsequent year, bargaining unit members shaH be permitted to donate hours of accrued vacation or comp time to be banked and subsequently used to permit designated union representatives to attend Union functions. Donations to this Union Time Bank shall be made by any bargaining unit member on a voluntary basis and on a designated submittal form. All donated time will be calculated and banked on an hour-to-hour basis. An accurate list of those employees donating to this time bank shall be maintained by the Union, a copy of which will be provided to the Deputy Chief of Operations. Only those employees donating time shall be eligible to work in the absence of a Union Representative who is benefiting from 5 . 2008-2011 IAFF~ CITY~ . , . this article. It shall be the Union's responsibility to coordinate with Management the provision of coverage and replacement of Union Representatives attending an approved function. B. All requests to use this time are subject to daily staffing requirements and must be approved by the Shift Commander. Up to two Union Representatives may be allowed time off and each must follow departmental procedure when applying for time off described in this section. . 6 . 2008-2011 IAFF~ CITYU . . . ARTICLE 5 REPRESENTATION OF THE UNION The membership of the Union shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1. The President of the Union, orthe person or persons designated by said President shaH have full authority to conclude a collective bargaining agreement on behalf of the Union subject to a majority vote of those bargaining unit members voting on the question of ratification. It is understood . that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position of association with the union, shall be deemed unauthorized, and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 7 . 2008-2011 IAFF \v CITY~ . . . ARTICLE 6 REPRESENTATION OF THE CITY The City shall be represented by the City Manager or a person or persons designated in writing to the Union by the City Manager. The person designated shall have full authority to negotiate an agreement on behalf of the City. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no authority or weight in committing or in any way . obligating the City. 8 . 2008-2011 lAFF~ CITY hY . . . ARTICLE 7 RULES AND REGULATIONS Section 1. The Union agrees that its members shall comply with all Fire Rescue Department rules and regulations, including those relating to conduct and work performance. Section 2. The City may adopt, change and modify rules and safety regulations necessary for the safe, orderly and efficient operation of the Fire Rescue Department as provided in this Article. . Section 3. A Committee on Rules and Regulations shall be established for the Fire Rescue Department. This Committee shall be comprised of six (6) members, three (3) appointed by the City and three (3) will be from the Union Executive Board. This committee shaJl be charged with the duty of reviewing the published and proposed Fire Rescue Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shaJl meet at least quarterly. Whenever the City changes work rules or issues new work rules, the Committee will be given at least fourteen (14) calendar day's prior notice, absent any emergency, before the effective date. 9 . 2008-2011 IAFF ~ CITY ~ v . . ARTICLE 8 HOURS OF WORK Section 1. All employees covered under this Agreement presently working a 40-hour workweek shaH be scheduled 40 hours per week upon agreement between the Union and Fire Chief. Section 2. All shift employees covered under this Agreement shall work a 48- hour workweek, Le., 24 hours on duty, 48 hours off duty with a 24..hour "Kelly Day" off duty during the 21-day work schedule. The twenty-four (24) hours on duty will be from 7:30 a.m. to 7:30 a.m. the following day. Section 3. It is agreed that neither the Union nor the City will propose for negotiations a reduction or increase in the 48-hour workweek fora period of time . corresponding to the term of this Agreement. Section 4. Based upon the special needs of the servIce and the public, shift employees may, voluntarily, on a temporary basis, be assigned by the Fire Chief or his designee to a 40-hour work schedule in order to accomplish special projects or special assignments. 10 . 2008-2011 IAFF~ CITY~ ------ - -------- . . ARTICLE 9 WORKING CONDITIONS Section 1. Fire Rescue personnel may be needed at any time to fight fires and/or render emergency medical care. But, to do so effectively, they need to be constantly prepared. The safety of our citizens depends as much on the fire fighters' ability to maximize the effectiveness of their equipment, as it does on the fire fighters' willingness to risk their lives to protect the lives and property of others. They must be ready to respond immediately to an alarm. Continuous training and equipment maintenance are required to ensure that the desired optimum response effectiveness is attained. . Section 2. The Union pledges to support and participate in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs which have as their goal the increased efficiency of the City's fire protection and emergency medical service. Section 3. The City and the Union agree that employees will not be required to perform any task not related to their normal job description, other than routine station maintenance. Routine station maintenance shall be defined as any type of maintenance that is done on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles and safety equipment. 11 . 2008-2011 IAFF ~ GITY~ . . ARTICLE 10 UNIFORMS AND SAFETY EQUIPMENT Section 1. The City shall supply Fire Rescue Department personnel with uniforms, on an as-needed basis, provided through the warehouse. The issue will include - uniform shirts, uniform pants/shorts, jumpsuit, ball caps, T-shirts, Last Resort Belt, shorts, work jackets, job shirts, and patches as needed. Current placement of patches will apply. One (1) pair of boots or safety shoes and one pair of dress shoes, on an as-needed basis, will be issued. Department personnel will be provided with an option to purchase shoes or boots of their choice, providing that the shoes/boots comply with department safety and . uniform guidelines and that a receipt be provided for reimbursement. The amount to be reimbursed will not exceed $125.00, the difference borne by the employee. Uniforms may be acquired on an "as-needed" basis through "quarter-master" system with the following being the general guidelines for quantities each fiscal year: 2 ea. uniform shirts (Class A) 1 ea. Class A tie 1 ea. uniform pants (Class A) 1 ea. Jumpsuit 3 ea. Uniform pants/shorts (Class B) (EMS pants) 3 ea. polo shirts 12 . 2008-2011 IAFF ~ CITY ~ ru--- . . 1 ea. ball cap 1 ea. Lightweight waterproof shell jacket 1 ea. pair of approved black boots or safety shoes 1 ea. pair of dress (Class A) shoes 2 ea. shorts 3 ea. T-shirts 2 ea. Long-sleeve tee shirts 1 ea. job shirts 1 ea. Last Resort belt with buckle Wide-brimmed hat Specialty patches as required New employees shall receive the above listed allocation. Section 2. The city shall provide members of the Technical Rescue and Dive Teams with any specialized uniform(s) and safety equipment items needed to perform the functions of those respective teams as agreed to by the . department's Labor/Management Team. These uniform and safety equipment items will be issued in addition to the normal complement of standard uniform and safety equipment items listed in Section 1 of this Article. Section 3. All fire fighting safety equipment, as determined by Fire Rescue Department regulations shall be furnished by the City. The title to such equipment shall remain with the City. If standards of fire fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If the Fire Fighter needs a replacement of fire fighting safety equipment, he/she 13 . 2008-2011 IAFF ~ CITY hY . . shall submit such request in writing through the chain of command. The Fire Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall have a maximum of four (4) weeks to replace the item, unless extenuating circumstances exist. The City shall notify the employee of the extenuating circumstances and of the approximate time the replacement item will arrive. Section 4. The City shall arrange for the repair or replacement of an employee's uniform, work clothing, prescription optical aids, watches or dentures which become damaged or lost, through no fault of the employee, while the . employee is performing firefighting/ rescue duties, responding to emergency operations or when conducting training functions scheduled by the department. The City shall be exempt from payment for those amounts that are paid by Workers' Compensation. The request for repair or replacement must be submitted within three (3) months from the date of the occurrence. Section 5. Personnel may be responsible for expenses incurred in replacing lost, misplaced or damaged safety gear and clothing due to personal negligence, or intentional misuse, subject to review and recommendation to the Fire Chief by the Labor Management Team. 14 . 2008-2011 IAFF W CITY tJ7f . . . Section 6. All Fire Rescue Department issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental sanctioned events as determined by the Fire Chief. . 15 . IAFF~ CITY ;jJj 2008-2011 . . ARTICLE 11 PHYSICAL EXAMS & IMMUNIZATION Section 1 A. The City shall provide a thorough physical examination, for each permanent member of the Fire Rescue Department. The exam will be conducted in accordance with the most current edition of N.F.P.A. 1582 as approved by the Labor Management Team. Appointments for those examinations will be made by the Fire Rescue Department administration and will correspond with the employee's on-duty time. B. It is the responsibility of the employee to ensure that the physical exam, . as noted in Section 'A", and all necessary follow-up testing be completed in a timely manner, as scheduled. Failure to do so, due to the importance of certification of fitness for duty, will result in the employee being placed in an unpaid leave status until such time as the full exam process is completed. Employees will be given opportunities to schedule appointments and/or associated medical tests while on duty. C. Pursuant to the Florida Worker's Compensation Act, F.S. 440, as amended from time to time, and the Firefighters Heart and Lung Bill, F.S. 112.18, as amended from time to time, expenses related to diagnostic testing for 16 . 2008-2011 IAFF~ CITY --/i11f- - ------------------------- . an employee's 'fitness for return to duty', and expenses related to a duty- connected injury or illness will be the responsibility of the City. Section 2. The City shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of duty. Section 3. Immunization A. The City shall provide an immunization schedule during the life of this Agreement for all members as a means of protection from the following: 8. Hepatitis - Type B: Members who refuse to be immunized for . Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. C. Hepatitis - Type A: Offered to members of specialized teams involved with a high risk of exposure (Le. Dive Rescue, USAR, Confined Space), as defined in N.F.P.A. 1582. Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. D. The City shall offer flu shots for all members as a means of 17 . 2008-2011 IAFF ~ CITY f,J%- . . protection from contracting the flu while working during flu season. Section 4. It shall be mandatory for the City to notify the employee when documentation exists that the employee was significantly exposed to a communicable disease in the line of duty only after such documentation is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Florida Statutes, as amended from time to time, then it shall be presumed that the employee contracted that disease while on duty, except as stated in Article 11, Section 3-8 and 3-C. Record keeping and notification of known exposures shall be as required by Chapter 112.181 Florida Statutes, as amended from time to time. . Section 5. In the interest of encouraging the concept of preventative medicine and physical fitness, the city agrees to provide full body scanning to union personnel as identified herein. In order to control cost, these scans will be offered after five (5) years of employment with 88FRO, and will be provided every five (5) to ten (10) years. This scan is not mandatory. This program will become effective on October 1 , 2009 and the Labor Management Team will use the first year of implementation as trial period in terms of scheduling, cost, and other impact. Effective October 1,2010, an Addendum to this contract will clearly delineate this program and will also allow the Labor Management Team 18 . 2008-2011 IAFF~ CITY~ . to make necessary adjustments to ensure that this program meets its objectives and has a positive impact on the physical well-being of the members. . 19 . 2008-2011 IAFF ~ CITY~ ~----_._- . ARTICLE 12 GROUP INSURANCE Section 1. A. Medical Insurance: The cost for all medical insurance premiums for eligible employees shall be borne by the City. Types of coverage currently in effect shall not be reduced. All policies shall be reviewed annually and modifications to the insurance plans may be made which benefit both the City and the union. The City will provide a minimum of thirty (30) days notice if it intends to exercise its right to re-open this section for negotiation. . B. If the Union determines that it can provide more economical coverage than the City's principal medical insurance, the union may bargain for a dollar amount per bargaining unit member to be applied to insurance secured through the Union. The City agrees to re-open this section for negotiations at the discretion of the Union during the term of this contract. The Union will provide a minimum of thirty (30) days notice if it intends to exercise its right to re-open this section for negotiation. Section 2. Life Insurance: Members of the bargaining unit shall be covered by the same $10,000 term life and accidental death policy provided by the City to all 20 . 2008-2011 IAFF \fi/ CITY~ --- -------------- ------------- . employees. Members of the bargaining unit shall also be provided with an additional $25,000 term life and accidental death policy with the premium paid by the City. Section 3. Dental Insurance: The City will pay the premium for the employees and $7.00 per month of the premium for dependent family coverage. Section 4. Fiscal Responsibilitv. Both the City and the Union understand that the costs associated with providing additional benefits for employees have significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for employees. . Section 5 A. Druq-Free Workplace. Both the City and the Union recognize that substance abuse is a widespread problem within our society. The Union will assist Fire Rescue Departmer.lt employees in obtaining assistance and treatment, if alcohol and/or substance abuse are apparent. The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach, and will cooperate fully with the City to continue with the implementation and enforcement of the policy. B. The policy and procedures for Post Accident Drug and Alcohol testing is in 21 . CITY~ 2008-2011 IAFF ~ . effect and outlined in the attached Addendum "A". Section 6. The City agrees, that for a full-time firefighter who is killed in the line of duty as per F.S.S. 112.191 (2)(f), as amended from time to time, or suffers a catastrophic injury, as defined in F.S.S. 440.02(37), as amended from time to time, and provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or partially or totally disabled as provided for in F.S.S. 112.18, as amended from time to time, the City shall pay the entire premium for the employer's health insurance plan for the injured employee, the injured employee's spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age . of 25 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support. The term "health insurance plan" does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children under the conditions outlined in this paragraph. 22 . 2008-2011 IAFF \jL- CITY--/JJf.-- . ARTICLE 13 OPERATOR'S INSURANCE Section 1. The City shall defend and hold harmless any employee covered by this Agreement, except any employee under the influence of alcohol, habit forming drugs, or malicious driving, who is sued as a result of any accident while on duty using City equipment. Section 2. The City shall not assign any voluntary off-duty services from bargaining unit employees where such service(s) will involve any direct duty related work such as firefighting or emergency medical services. This Article . does not prohibit employees from volunteering their off-duty time to participate in events which have, as their ultimate goal, activities such as public education or public relations for the Fire Rescue Department, provided however that such volunteer service does not waive an employee's coverage under the provisions of Section 1 of this Article. . 23 2008-2011 IAFF ~1/ C'TYff . . ARTICLE 14 WAGES Section 1 A. Effective October 1, 2008, the salary ranges for the job classifications covered by thi~ Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefighter Prob 14P 48 $16.2465 $40,551.24 Firefi hter 1 14 48 $17.0588 $42,578.80 $21.7613 $54,316.20 $26.4638 $66,053.64 Firefi hter 2 15 48 $17.9118 $44,707.74 $22.8494 $57,032.10 $27.7870 $69,356.35 Firefi hter 3 18 48 $18.8073 $46,943.13 $23.9918 $59,883.53 $29.1764 $72,824.29 Lieutenant 23 48 $20.3834 $50,876.96 $27.6229 $68,946.76 $34.8625 $87,016.80 Ca tain 26 48 $21 .4026 $53,420.81 $29.0041 $72,394.23 $36.6057 $91,367.83 Battalion Chief 28 48 $22.4727 $56,091.85 . $30,4543 $76,013.93 $38.4359 $95,936.01 CERTIFICATION INCENTIVE PAY . Paramedic $3.25 Over Hourly Base Rate ($8,112.00 annual rate) Technical Rescue $0.48 Over Hourly Base Rate ($1,198.08 annual rate) NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 40 $19.4958 $40,551.24 Firefi hter 1 14 40 $20.4706 $42,578.80 $26.1135 $54,316.20 $31.7565 $66,053.64 Firefi hter 2 15 40 $21.4941 $44,707.74 $27.4193 $57,032.10 $33.3444 $69,356.35 Firefi hter 3 18 40 $22.5688 $46,943.13 $28.7901 $59,883.53 $35.0117 $72,824.29 Lieutenant 23 40 . $24.4601 $50,876.96 $33.1475 $68,946.76 $41.8350 $87,016.80 Ca tain 26 40 $25.6831 $53,420.81 $34.8049 $72,394.23 $43.9268 $91,367.83 Battalion Chief 28 40 $26.9672 $56,091.85 $36.5451 $76,013.93 $46.1231 $95,936.01 CERTIFICATION INCENTIVE PAY Paramedic $3.90 Over Hourly Base Rate ($8,112.00 annual rate) Technical Rescue $0.576 Over Hourly Base Rate ((1,198.08 annual rate) 24 CITY~ . 2008-2011 IAFF -J.t/' ------ ---------- .' . Section 1 B. Effective October 1,2009, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum . Maximum Firefi hter Prob 14P 48 $16.6527 $41,565.02 Firefi hter 1 14 48 $17.4853 $43,643.27 $22.3053 $55,674.15 $27.1254 $67,705.04 Firefi hter 2 15 48 $18.3595 $45,825.43 $23.4206 $58,457.86 $28.4817 $71,090.29 Firefi hter 3 18 48 $19.2775 $48,116.71 $24.5956 $61,390.75 $29.9058 $74,664.80 Lieutenant 23 48 $20.8930 $52,148.89 $28.3135 $70,670.59 $35.7341 $89,192.29 Ca tain 26 48 $21.9376 $54,756.33 $29.7292 $74,204.12 $37.5208 $93,651.91 Battalion Chief 28 48 $23.0345 $57,494.15 $31.2157 $77,914.32 $39.3968 $98.334.50 CERTIFICATION INCENTIVE PAY Paramedic $3.25 Over Hourly Base Rate ($8,112.00 annual rate) $3.75 Over Hourly Base Rate ($9,360.00 annual rate) effective 4/01/10 per Article 26 Technical Rescue $0.48 Over Hourly Base Rate ($1,198.08 annual rate) $0.75 Over Hourly Base Rate ($1,872 annual rate) effective 4/01/10 per Article 26 . NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 40 $19.9832 $41,565.02 Firefi hter 1 14 40 '" $20.9823 $43,643.27 . $26.7664 $55,674.15 $32.5505 $67,705.04 Firefi hter 2 15 40 $22.0314 $45,825.43 , $28.1047 $58,457.86 $34.1780 $71,090.29 Firefi hter 3 18 40 $23.1330 $48,116.71 $29.5148 $61,390.75 ~ $35.8965 $74,664.80 Lieutenant 23 40 $25.0716 $52,148.89 . $33.9762 $70,670.59 $42,8809 $89,192.29 Ca tain 26 40 $26.3251 $54,756.33 $35.6750 $74,204.12 . $45.0249 $93,651.91 Battalion Chief 28 40 $27.6414 $57,494.15 $37.4588 $77,914.32 $47.2762 $98.334.50 CERTIFICATION INCENTIVE PAY Paramedic $3.90 Over Hourly Base Rate ($8,112.00 annual rate) $4.50 Over Hourly Base Rate ($9,360.00 annual rate) effective 4/01/10 per Article 26 Technical Rescue $0.576 Over Hourly Base Rate ((1,198.08 annual rate) $0.90 Over Hourly Base Rate ($1,872 annual rate) effective 4/01/10 per Article 26 25 . ; ! IAFF M- CITYM 2008-2011 . Section 1 C. Effective October 1, 2010, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 48 $17.0690 $42,604.15 Firefi hter 1 14 48 $17.9224 $44,734.35 . $22.8930 $57,066.00 $27.8036 $69,397.66 Firefi hter 2 15 48 $18.8185 $46,971.07 $24.0041 $59,914.31 $29.1937 $72,867.55 Firefi hter 3 18 48 $19.7595 $49,319.62 $25.2064 $62,915.27 $30.6534 $76,510.92 Lieutenant 23 48 $21 .4153 $53,452.61 $29.0214 $72,437.35 $36.6274 $91,422.10 Ca tain 26 48 $22.4861 $56,125.24 $30.4724 $76,059.22 $38.4588 $95,993.21 Battalion Chief 28 48 $23.6104 $58,931.50 $31.9959 $79,861.80 ,',; $40.3818 $100,792.10 CERTIFICATION INCENTIVE PAY ::>aramedic $3.75 Over Hourly Base Rate ($9,360.00 annual rate) Technical Rescue $0.75 Over Hourly Base Rate ($1,872.00 annual rate) . NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 40 $20.4828 $42,604.15 Firefi hter 1 14 40 $21.5069 $44,734.35 $27.4356 $57,066.00 $33.3643 $69,397.66 Firefi hter 2 15 40 $22.5822 $46,971.07 $28.8049 $59,914.31 $35.0325 $72,867.55 Firefi hter 3 18 40 $23.7113 $49,319.62 $30.2477 $62,915.27 $36.7841 $76,510.92 Lieutenant 23 40 $25.6984 $53,452.61 ' $34.8256 $72,437.35 $43.9529 $91,422,10 Ca tain 26 40 $26.9833 $56,125.24 $36.5669 $76,059.22 $46.1506 $95,993.21 Battalion Chief 28 40 $28.3324 $58,931.50 $38.3951 $79,861.80 $48.4577 $100,792.10 CERTIFICATION INCENTIVE PAY ::>aramedic $4.50 Over Hourly Base Rate ($9,360.00 annual rate) fechnical Rescue $0.90 Over Hourly Base Rate ($1,872.00 annual rate) 26 IAFFV CITY /;JJf1 . 2008-2011 . A. Effective October 1, 2008, October 1, 2009 and October 1, 2010, each member of the bargaining unit shall receive a wage adjustment consistent with the increase in pay ranges identified in Section 1 (A, B, and C). B. In the event of State Legislative enactment that significantly impacts the econom ic revenue of the City of Boynton Beach or a City budget proposal in which the City is presented with economic hardship during the final two years of this contract (October 1, 2009 through September 30, 2011), and provides documentation to the union addressing the possible elimination of currently employed bargaining unit positions, this section may, at the written request of . the City, be reopened for negotiation. The City will provide a minimum of thirty (30) days notice if it intends to exercise its right to re-open this section for negotiation. Section 2B becomes null and void on September 30,2011. C. Effective April 1, 2009, April 1, 2010, and April 1 , 2011, a wage adjustment of up to 5% will be provided based on performance appraisal unless the employee has reached their maximum salary cap, as noted in Section 1. Employees who reach and exceed the maximum salc.i)' cap shall receive no base-wage adjustment, but will receive a lump sum payment equal to the amount they would receive based on the criteria included herein. This lump sum payment shall be considered a salary disbursement included in W-2 . 27 2008-2011 IAFF ~ CITY~ . . holdings for the purpose of pension calculations. D. The table in Addendum "B" will be used as an administrative guide to wage adjustments and wage increases at annual evaluations and/or promotions through the ranks. Section 3. A. In the event an employee receives a less than satisfactory performance evaluation during any annual evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, at which time the employee will be re-evaluated. In the event an employee receives a satisfactory or greater . performance evaluation, then that employee shall be granted the wage adjustment retroactive to the date of the completion of the 90-day period. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee receives a less than satisfactory performance evaluation. Any employee that receives two (2) or more consecutive wage deferrals, after the initial deferral based on the April 1 evaluation, shall not receive the annual wage adjustment for the previous evaluation year. 28 . 2008-2011 IAFFL CITY fI1:5 . B. In the event an employee has five (5) or more occasions of use of sick leave during any annual evaluation period, which also constitutes a less than satisfactory evaluation, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, during which it will be determined if the employee has had more occasions of use of sick leave. In the event an employee does not have an additional occasion of use of sick leave, then that employee shall be granted the wage adjustment retroactive to the date of the completion of the 90-day period. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee has one or more additional . occasions of use of sick leave. Any employee that receives two (2) or more consecutive wage deferrals, after the initial deferral based on the April 1 evaluation, shall not receive the annual wage adjustment for the previous evaluation year. Section 4 Employees at, or above, the maximum of their respective range, upon ratification of this agreement and with consideration to Article 26, Section 3, Medical Certification, will remain at their current salary, and will receive a wage adjustment in the form of a lump sum payment equal to the amount they would 29 . IAFF \J1f/ CJ;:jf 2008-2011 CITY . receive based on the criteria included herein. This lump sum payment shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. Section 5 Any changes in the performance appraisal instrument will be made by the Labor Management Team. . 30 hiv. . 2008-2011 IAFF CITY {J1ff . ARTICLE 15 OVERTIME AND CALL BACK Section 1. Call Back: Call back is defined as any time an employee is called into work when the employee is off duty, or when the work time is not contiguous with the employee's assigned shift. In the event of call back, the employee shall be paid for the actual time worked but not less than two (2) hours at a rate of pay one and one-half (1 1/2) times the employee's hourly rate inclusive of Certification Incentive Pay. The procedure for "Call-Back" will be in accordance with Labor/Management Team guidelines. The Chief can waive the above provisions if he/she believes the situation warrants. . Section 2. Overtime: Overtime is defined as any time an employee is required to stay longer than his/her assigned 24-hour shift by his/her supervisor. Overtime shall be paid at the rate of one and one-half (1 1/2) times the employee's hourly rate inclusive of Certification Incentive Pay. Employees who are in a duty status less than ten (10) minutes either before their shift or after their shift will not be eligible for overtime pay. Employees who are in duty status for ten (10) minutes or more either before their shift or after their shift must be so only with their supervisor's approval in order to be eligible for overtime pay at the overtime rate. 31 . IAFF \YC-- W 2008-2011 CITY . Section 3. Employees who are renewing certificates, or who are attending classes not required by the Chief or his/her designee, will not be compensated. . 32 ~ CITY~ . 2008-2011 IAFF . ARTICLE 16 EXCHANGE TIME Section 1. A. Employees covered by this Agreement may exchange their working shift or shifts and exchange their off-duty day or days with other employees. The shift officers of the employees who are exchanging time, shall not permit the exchange if it affects the normal operation of work, if call back is required, or if step-up pay is required. Exchange time shall require at least twenty-four (24) hours notice to the Shift Commander except in the event of an emergency to the employee . when the exchange of that employee does not affect the normal operation of that shift(s). B. Shift exchanges submitted prior to eight weeks (56 days) in advance will be tentatively approved. Upon 56 days in advance of the scheduled shift exchange, the exchange will automatically receive final approval unless the employee has been notified of a necessary cancellation. Any cancellation of a shift exchange will be in writing and received by the affected employee prior to the 56-day time frame. 33 . 2008-2011 IAFF ~V CITY !/l5 . Section 2. For the purposes of this article, the ranks of Firefighter 1, Firefighter 2 and Firefighter 3 shall be referred to as "Firefighters"; and Lieutenants, Captains and Battalion Chiefs shall be referred to as "Officers". Firefighters may only exchange time with other firefighters, the only exception being that Firefighter 3's may also exchange time with Lieutenants. Officers can exchange time with each other, as identified in departmental Standard Operating Guidelines. . 34 . 2008-2011 IAFF ~ CITY~ . . ARTICLE 17 SICK LEAVE Section 1. Any employee incurring a non-duty sickness or disability shall receive sick leave with full pay provided the employee has accumulated hours. Employees covered under this Agreement shall be allowed twelve hours of sick leave per each month of service from their first day 0 i employment, and shall continue to do so as long as they are employed. Unlimited accumulation of sick leave is authorized. Employees who have more than two hundred forty (240) hours of sick leave as of April 1 of the current year, may request to transfer, no later than April1S\ up to one hundred (100) sick leave hours to vacation leave . hours provided that accumulated sick hours shall not drop below 240 hours as a result of the transfer. Transfer of this time will be credited to the employee's vacation bank during the month of April. Section 2. Upon termination or retirement, unused sick leave shall be compensated at the rate of one-half (1/2) the total number of hours accumulated. 35 . Mr 2008-2011 IAFF~ CITY . Section 3. For every consecutive six-month period elapsing since the employee's last sick occurrence, shift employees shall receive 24 hours vacation time and 40-hour employees shall receive 16 hours vacation time. Section 4. Employees covered under this Agreement will be required to provide a doctor's certificate which will include the date the employee was examined, the date he/she is medically cleared to return to work and under what restrictions the employee may return to regular and/or light duty if they are absent and take sick leave for more than two (2) continuous full shift days. Section 5. Sharinq Sick Leave A. It shall be the policy of the City to permit an employee the . opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick/vacation time. B. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. C. When there appears to be a need to share sick leave in 36 . 2008-2011 IAFF~ CITVm --------------------------- . accordance with this Section, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirmed through the Finance Department that the hours are available and submit the list to the Human Resources Office for proper charge to sick leave records. Time used will be used in the order listed on the appropriate form supplied by the Union Steward. D. Any donated sick time will not reflect as sick time taken by the employee; therefore, donated sick leave will not be counted against an employee's sick leave record. Section 6. Employees who call in sick, may return to work during the . remainder of their shift if they feel capable of performing their work duties. An employee who returns to work after calling in sick, must use a minimum increment of 12 hours of sick leave before they may return to work. Employees who leave work during shift due to illness must remain out for the remainder of the shift. Section 7. LiQht Duty. Employees may return to work with a Light Duty Certificate and/or a letter completed as set forth in Section 4 of this Article from their physician, provided there is work available within the Department, and that work would comply with the doctor's requirements. Availability of light duty 37 . CITY~ 2008-2011 IAFF ~ ~ . assignments will be determined by the Fire Chief. Section 8. Permanent employees that have exhausted their accumulated sick leave and are still unable to return to work may draw against their annual leave account (vacation time). Such request must be made to the Fire Chief by the employee, who in turn must notify the Human Resources Director on the appropriate form. Section 9. No more than five (5) working days, or forty (40) hours, whichever is greater, in any calendar year, may be taken for forty (40) hour employees, and two (2) shift days for shift employees, as sick leave because of illness within the immediate family. In the case of a prolonged, serious illness within the family, an . employee may be approved for additional family sick leave only if authorized by the Fire Chief, the Human Resources Director, and the City Manager. For the purpose of this Section, a doctor's letter must be submitted and the "immediate family" shall consist of the employee's spouse, parents, children, or any family member residing with the employee for which the employee is the primary care giver. Employees requesting this family sick provision for other than the immediate family shall provide Administration with verifiable proof of primary care giver status prior to the use of this provision. 38 CITY ----'!If.. . 2008-2011 IAFF W --------- . . ARTICLE 18 COMPASSIONATE LEAVE Section 1. In the event of the death of a family member of an employee, the employee shall be granted one (1) shift day leave on a day of the employee's choosing within two (2) weeks of the death. The employee shall be granted two (2) consecutive shift days leave on the days of the employee's choosing within two weeks of the death, if out of state travel for interment is required. "Family member" is defined as the employee's spouse, mother, father, stepfather, stepmother, foster parents, foster child, stepchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, spouse's grandparents, . grandchildren, brother, sister, son or daughter. Verification of the death must be supplied to the City Human Resources Office. Section 2. Employees benefiting from this article are responsible for providing a verifiable written notice of death (Le. obituary or copy of death certificate), to the fire department payroll clerk, within 30 business days of the last date of compassionate leave. Failure to do so will result in the rescission of previously paid leave, providing due process is followed with regard to disciplinary action. 39 . 2008-2011- IAFF ~ CITY /4 . ARTICLE 19 V ACA TION Section 1. The following plan outlines the vacation leave policy for both the 40-hour employees and the Fire Rescue Department shift (48-hour) employees. Vacations will be picked on a seniority basis and can be taken in increments of 12 or 24 hours, one shift at a time. Section 2. Each employee shall earn vacation leave, accumulated in hours, for each full year of continuous service as outlined below. Employees on initial one-year probation are not eligible to take vacation for the first six months. Vacation will be accrued in accordance with the following schedule: Vacation Accrual Policy (40-hour work-week) . Years of Service Vacation Days Vacation Hours DOE until First Anniversary 12 96 BeQinninq of 2na year until Fourth Anniversary 15 120 Beqinninq of Sin vear until Eiqhth Anniversary 18 144 Beqinninq of 9th ~ear until Eleventh Anniversary 20 160 Beqinninq of 1i year until Fifteenth Anniversary 22 176 BeqinninQ of 16th year until Twentieth Anniversary 24 192 Beqinninq of 2151 year and thereafter 25 200 Vacation Accrual Policy (48-hour work-week) Years of Service Vacation Days Vacation Hours DOE until First Anniversary 5 120 Beqinninq of 2na year until Fourth Anniversary 6 144 Beqinninq of 5th year until Eiqhth Anniversary 7 168 Beqinninq of 9th ~ear until Eleventh Anniversary 8 192 Beqinninq of 1 i year until Fifteenth Anniversary 9 216 Beqinninq of 16th year and after 10 240 40 IAFF~ t$ . 2008-2011 CITY I- i . . In computing vacation leave earned, no increments will accrue for any pay week that includes three or more days of leave of absence without pay. For uniformed members of the Fire Rescue Department no increments will accrue for any three- week pay period that includes four or more days of leave of absence without pay. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, and, in addition, will include hours earned as referenced in Article 17, Sick Leave, Section 3. Section 3. For special "one time" kind of events, employees will be allowed to accumulate more than two years earned accrued vacation with the prior approval . of the Chief. Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be Umited to three (3) years earned vacation. Example: An employee may accrue 12 shift days in two years. The employee requests two additional days beyond the maximum. The employee must submit his/her request for the two additional days four months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14. Section 4. Personnel requesting vacation time on the same day will not be approved if the issuing of the vacation time results in call back. 41 . CITY tJJ::f' 2008-2011 IAFF . ARTICLE 20 PERSONAL TIME Section 1. Any employee covered by this Agreement shall be able to use his/her vacation time, or compensatory time at a minimum of two (2) hours and at a maximum of twelve (12) hours, providing that hours are not fractionalized for personal reasons while on duty. Section 2. This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Chief or his/her designee. Section 3. Efficient/normal operating levels shall be determined by minimum . staffing as determined by the Fire Chief. Section 4. Seniority will not be a factor in granting personal time. No grievance procedures will be available to any employee regarding this Section. 42 lAFF~ . 2008-2011 C1TY-M- . ARTICLE 21 HOLIDAYS Section 1. The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, Washington's Birthday, Memorial Day., Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the Friday that follows Thanksgiving, Christmas Day and Christmas Eve. Any additional holidays declared by the City shall be added to the above list. Any employee covered by this Agreement, in pay status, at the time the holiday occurs, if assigned to a 24- hour shift, shall receive 12-hours pay for each holiday. Forty-hour employees will follow the holiday schedule for all non-union employees. . Section 2. If an employee covered by this Agreement wishes, the employee may receive the above (Section 1) holiday pay, (with the exception of Labor Day which will be paid as a regular holiday), at straight time in one lump sum on the last pay period in August of each year. The individual employee will sign and have in the Finance Department, the first week of the current contract, a form as follows: 43 . ~ CITY t.J:f 2008-2011 IAFF . I, , hereby authorize the City to withhold my holiday pay until the last pay period in August, with all proper withholdings taken out. I understand that at no time during this period under any circumstances, except if I am no longer covered under the bargaining unit, will I request my monies until the last week of August. Newly hired employees to the Fire Rescue Department shall have one week from date of employment to sign up for the holiday pay option. The holiday pay will be based on the number of holidays remaining in the contract year. . 44 W . 2008-2011 IAFF CITY 67/ . . ARTICLE 22 COURT TIME Section 1. Any employee covered by this Agreement who is summoned or subpoenaed to appear in a court of law, while off duty, as a result of his/her employment as a member of the Fire Rescue Department, will be paid for his/her court time at the rate of one and one-half (1 1/2) times his/her current hourly rate, excluding travel time, provided the Fire Chief is given prior notification so that the Chief has the opportunity to schedule such appearance during regular duty hours. The employee will receive a minimum of three (3) hours pay, and the employee shall return all fees received from the Court to the City. Should . such summons or subpoena require the employee to appear on a day that they are on duty, then the pay of this Section shall be waived by the employee. Section 2. Any employee covered by this Agreement who is required by a court of law to appear for jury duty during a day when they are on duty, shall return all fees received from the court to the City, excluding travel expenses. The employee shall notify the Fire Chief upon receipt of a summons for jury duty. Section 3. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum 45 . 2008-2011 IAFF f1t/ CITY~ . . of eight (8) hours of standby duty in anyone day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to standby for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an employee does go to court he will be paid for the court time indicated in Section 1 and not receive any standby time pay. . 46 . 2008-2011 IAFF ~ CITY~ . ARTICLE 23 WORKING OUT OF CLASSIFICATION Section 1. Any employee covered by this Agreement, who is assigned the duties and/or responsibilities of a range above his/her current classification in the absence of their direct supervisor, shall be compensated for holding that higher position at a rate of pay equivalent to five percent (5%) for each rank worked out of class, except when assigned as a Lieutenant in which case the FF3 shall be compensated for holding that higher position at a rate of pay equivalent to eight percent (8%). When assigned, the employee shall accept the duties and responsibilities of the position. The internal ranking of Fire Fighter 1, 2, and 3 . shall be considered as one classification (Fire Fighter) only for purposes of this Article. Section 2. Higher classification assignment shall, with the Chiefs discretion as to ability, be made on a rotating basis in order to afford all employees an equal opportunity to gain experience in the next higher position. The Chief, or designee shall make official notification to the acting party. This notification shall be logged as part of daily permanent records. Section 3. Assignments will not be changed so as to intentionally avoid payment. 47 . IAFF vV- C/TYW 2008-2011 . . ARTICLE 24 EDUCATION Section 1. All employees covered by this Agreement shall be permitted to attend schools or classes while on duty, using personal time as defined in Article 20, for the purpose of obtaining the education required for advancement or the updating of skills and knowledge, provided that such leave will not reduce the manpower of any shift below acceptable limits or result in overtime, as determined by the Shift Commander. Such leave will be on a rotating basis. Section 2. The City shall pay, upon completion of classes, in accordance with the Boynton Beach Fire Rescue Department Tuition Refund Program, attached as Addendum "C". . Section 3. The City shall provide an opportunity for sending members of the Fire Rescue Department covered by this Agreement, not to exceed funds established in the City budget, to approved out-of-town training classes. A list of classes shall be posted so each employee will have the opportunity to request the class or classes of his/her choice. Those attending shall be entitled to travel pay in accordance with City policy. Section 4. Employees will be allowed to use on-duty time, without loss of vacation time, for classes necessary to remain certified in their current 48 ~ CITY~ . 2008-2011 IAFF . . . classification, or for classes required by the City. . 49 . bJL CITY -/!e!.-- 2008-2011 IAFF . . ARTICLE 25 EDUCA TIONAL INCENTIVE Section 1. Fire Rescue Department Employees covered by this Agreement will be eligible for a monthly education incentive payment not to exceed the supplemental compensation limits set forth in applicable Florida Statute, FSS 633.382, as amended from time to time, and the corresponding regulations in the Florida Administrative Code. Section 2. The City will match the incentive payment as provided in Section 1. Section 3. In the event that the incentive payment, as referenced in Section 1, is discontinued or adjusted for any reason, the City's contribution will not change and will remain consistent with the amount provided on 10/01/08, throughout the . term of this contract. , 50 IAFF~ CITY t4/' . 2008-2011 i<!' . . ARTICLE 26 CERTIFICATION INCENTIVE PAY Section 1. A. Employees holding a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and Medical Director will receive $8,112.00 per year. This amount will equate to an hourly rate of $3.25 per hour ($3.90 per hour for 40-hour employees), over and above the base rate of pay, which will not be included in the employees maximum. Employees currently receiving over $8112.00 annually for Paramedic . incentive will remain at their current rate at the date of contract ratification. This assignment pay shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. B. Effective April 1 , 2010, the amount noted above ($8112.00) will increase to $9360 or $3.75 per hour ($4.50 per hour for 40-hour employees), under the same conditions as noted in Section 1A. C. An employee holding a valid and current Paramedic certificate in 51 . Q){/ CITY [tJ;J::1 2008-2011 IAFF . accordance with Florida Statutes who could perform the duties as assigned by the Fire Chief and the Medical Director, but who is inactivated, either by choice or administrative direction, as an active Paramedic and is not on assignment as a Paramedic by the Fire Chief, will no longer receive the annual Paramedic incentive pay as noted in Section 1 (A) and (B). D. Both parties agree that Florida State Emergency Medical Technician certification is an inherent qualification to the job and is a job requirement. To this extent, the five percent (5%) incentive that was provided in previous contracts is incorporated into base salary. Section 2. . A. Employees selected to serve on the Special Operations (SPOPS) Team, inclusive of the Dive Rescue Team members, in accordance with criteria set forth by the Department and who perform SPOPS and Dive Rescue duties as assigned by the Fire Chief will receive $1,198.08 per year. This amount equates to an hourly rate of $0.48 per hour ($.576 per hour for 40-hour employees) over and above the base rate of pay, which will_not be included in the employees maximum. This assignment pay shall be considered a salary disbursement included in W-2 holdings for the 52 'i CITY~ . 2008-2011 IAFF . . purpose of pension calculations. B. Effective April 1, 2010, the amount noted above ($1,198.08) will increase to $1,872.00 or $0.75 per hour ($0.90 per hour for 40-hour employees), under the same conditions as noted in Section 2A. C. Employees who receive an unsatisfactory evaluation will be removed from the SPOPS and/or Dive Rescue Team until their evaluation is satisfactory or above. D. An employee who is serving as an active member of the SPOPS and Dive Rescue Team, but who is inactivated, either by choice or administrative . direction, as an active member of the SPOPS Team and is not on assignment as a team member will no longer receive the incentive as noted in Section 2A and 28. 53 . IAFF~CITY /to 2008-2011 . ARTICLE 27 LICENSES & REGISTRATION FEES The City shall pay the fee for any license required by the State or City, such as EMT renewals or certificates. In the event of any changes required by law regarding driver's license requirements for firefighters, the City shall pay the initial fee only for such license changes. All subsequent renewal of such license fee shall be the responsibility 'of the employee. . 54 ViV CITY~ . 2008-2011 IAFF . . ARTICLE 28 SENIORITY LIST Section 1. The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1 st of each year. Such list shall be posted thereafter on the bulletin board at each Fire Station, and shall be considered correct unless objection is raised within thirty days of the posting. After thirty days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. Section 2. Employee's seniority is established from the date of approval for employment by the City of Boynton Beach Fire Rescue Department. If two or . more members are employed on the same date the seniority standing shall be determined by the original entrance test score for the Fire Rescue Department, the higher score_ placed higher on the list. If the test scores are the same, the date of application for employment with the Fire Rescue Department will determine the seniority status, the earlier date being placed higher on the list. Section 3. Layoffs and staffing cutbacks shall be determined by the seniority list. The lowest on the seniority list will be laid off first and so on up the list. In the event of layoffs and/or cutbacks, the City agrees to notify the union president in writing, no later than two (2) weeks prior to said action. Employees who are laid- 55 . ~U CITY/J7f 2008-2011 IAFF . . off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, Le., last laid-off will be first recalled. No new employees will be hired into any classification while a laid-off employee has recall rights. . 56 W CITY tJY' . 2008-2011 IAFF . . ARTICLE 29 VACANCIES AND PROMOTIONS Section 1. Budgeted promotional vacancies occurring in any position within the certified bargaining unit will be filled in the following manner: 1. Posting of the vacancy; 2. Acceptance of applications; 3. Scheduling of promotional examination; 4. Establishment of an eligibility list; 5. Interview and Selection. Any such vacancy shall be offered within thirty (30) days of the . establishment of the appropriate eligibility list. Section 2. Minimum requirements for promotional opportunities and the promotional process are as outlined in the "Career Ladder" (Addendum "0"). Any changes to this Career Ladder will be made by the Labor Management Team. 57 . IAFF~ CITY (M::f 2008-2011 ~-~ , . . ARTICLE 30 LONGEVITY Section 1. In order to provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus ~s follows: . On the employee's fifth (5th) anniversary a lump sum payment of $500.00. On the employee's tenth (10th) anniversary a lump sum payment of $1,000.00 On the employee's fifteenth (15th) anniversary a lump sum payment of $1,500.00 On the employee's twentieth (20th) anniversary a lump sum payment of $2,000.00 Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be 58 IAFF~ . 2008-2011 CITYW . entitled to Section 1 benefits. . 59 . IAFF ~ CITY tJJ/ 2008-2011 . ARTICLE 31 BULLETIN BOARDS The City shall furnish at each fire station space for bulletin boards for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. A 3' x 4' space is hereby approved. The Union is to supply the bulletin boards. . 60 IAFF \\i- CITY t1Jlf . 2008-2011 . . ARTICLE 32 NOTIFICATION AND DISTRIBUTION Section 1. The Union Secretary's name shall be placed on a routing slip to receive copies of the agendas and minutes of all regular and special meetings of the City Commission. Section 2. The Union will be provided with a copy of departmental Rules and Regulations and Standard Operating Guidelines, and will be provided with updates as they become available. . 61 . ~ CITYrJtI 2008-2011 IAFF . . ARTICLE 33 GRIEVANCE PROCEDURE Section 1. Grievances or disputes that may arise, including the interpretation of this Agreement, shall be settled in the following manner: Step 1. The aggrieved employee shall within ten (1-0) business days of the occurrence which gave rise to the grievance, submit a letter and signed petition to the Union Grievance Committee, which is made up of the Union Executive Board . The Union Grievance Committee shall determine if a grievance exists. If in its opinion no grievance exists, no further action is necessary. Step 2. If a grievance does exist, the Committee shall within twenty (20) business days of the event giving rise to the grievance, with the physical . presence of the aggrieved employee, present the grievance to the Chief or his designee for adjustment. Step 3. If the grievance has not been settled within ten (10) business days from the date of submission to the Chief or his designee, the grievance may then be submitted to the City Manager for adjustment. The City Manager, prior to . making a decision on the grievance, may conduct a predetermination conference and require the grievant to submit to an inquiry regarding the substance of the grievance. The City Manager may be assisted by the City Attorney. The 62 IAFF~ CITY~ . 2008-2011 . . grievant may be assisted by a union representative or counsel of his/her choice. The inquiry by the City Manager may be tape-recorded. In the case of grievances involving disciplinary action, all matters in defense or in mitigation of the proposed disciplinary action shall be raised by the grievant. Step 4. If the grievance has not been settled by the City Manager within ten (10) business days from the date of the predetermination conference, the grievance may then be submitted to arbitration. Step 5. If the grievance has not been satisfactorily resolved within the above procedure, the Union may request a review by an impartial arbitrator, provided such request is filed in writing with the City Manager no later than ten . (10) business days after the City Manager's response is due in Step 4. The parties will attempt to mutually agree upon an arbitrator. If this cannot be done within fifteen (15) business days, an arbitrator from a list provided by the Federal Mediation and Conciliation Service shall be used. The parties agree to accept the Arbitrator's award as final and binding upon them, subject to the following: The arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to add to, subtract from, modify or alter this Agreement or any part thereof or any amendment thereto. It is contemplated that the City and the Union shall mutually 63 . h~ 2008-2011 IAFF CITY [,)J5 . . agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his/her decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of the issue to be submitted, the arbitrator will confine his/her consideration to the written statement of the grievance presented in Step 3 of the Grievance Procedure. Each party shall bear the expense of its witnesses and of its own representatives. The parties shall bear equally the expense of the arbitrator. The party desiring a transcript of the hearing will bear the cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the hearing. Section 2. The Union reserves the right to represent or not represent . employees who are not members of the Union, as provided by law. Section 3. This article is intended to provide for "rights" arbitration, i.e., resolution of disputes which impact upon or affect wages, hours and terms and conditions of employment. This article is not intended to provide for "interest" arbitration. Section 4. "Business days" are defined as Monday through Friday, 8:00 A.M. - 5:00 P.M., excluding City holidays. 64 IAFF ~ CITY!J7tf . 2008-2011 . . . ARTICLE 34 PREVAILING RIGHTS All job rights and benefits heretofore authorized or permitted by the City Manager or Fire Chief and continuously enjoyed by employees covered by this Agreement and not specifically provided for or abridged by this Agreement shall continue in I full force and effect for the term of this Agreement. Except as specifically provided in this Agreement, this Agreement should not be construed to deprive any employee of benefits or protection granted by the Laws of the State of Florida or Ordinances and Resolutions of the City of Boynton Beach in effect at the time of the execution of this Agreement. Provided, however, nothing in this I . Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 65 . ~ 2008-2011 IAFF CITY !JJfI . . . ARTICLE 35 SAVINGS CLAUSE If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall remain in full force and effect. . 66 iJL CITY~ . 2008-2011 IAFF . . ARTICLE 36 APPENDICES, AMENDMENTS AND ADDITIONS All appendices, amendments and additions to this Agreement shall be numbered or lettered, dated and signed by the responsible parties, and shall be subject to all other provisions of this Agreement. . 67 . ~ 2008-2011 IAFF CITY tJ;! . . . ARTICLE 37 SUCCESSORS This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either party hereto. . 68 \JL- . 2008-2011 IAFF CITY ?J;O' . ARTICLE 38 COMPENSATORY TIME Section 1. Employees who participate in required educational and/or required training activities as approved by the Fire Chief or designee who are unable to attend those classes "on shift" due to scheduling difficulties, and take those classes and/or training on their off duty time, shall be eligible to receive compensatory time. Additional compensatory time can be granted for persons approved for special projects and events as directed by the Fire Chief or designee. All compensatory time will be earned at the rate of time and one half, with a cap of . one hundred twenty (120) hours. Section 2. When an employee reaches 96 hours in his/her account, the following will occur: From the date of the event or project that caused the employee to reach their maximum hours, said employee must schedule and take a compensatory time leave day. In the event the employee fails to schedule and take a 24-hour comp time leave day during that 90 day period, the first available date after the ninety days will be assigned by fire administration as a mandatory 24 hour comp time leave day. During this referenced 90-day period of time the employee will be allowed to continue accruing comp time. Should the employee accrue an additional 24 hours or more during this 90 day period, that employee will begin new 90 day cycle that will require the use another 24 hour shift leave day. This process will continue as 69 . ~~ CITY~ 2008-2011 IAFF . . long as that employee maintains 96 hours or more in the comp time account after taking their mandatory comp time leave day. . 70 ~ CITY~ . 2008-2011 IAFF . . ARTICLE 39 MANAGEMENT RIGHTS Section 1. The Union and the bargaining unit employees recognize and agreeJhat the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and method of service; to hire and/or otherwise determine the criteria and standards of . selection for employment; and to fire, demote, suspend, or otherwise discipline for just cause. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. The City Commission has the sole authority to determine the purpose and mission of the City and the amount of budget to be adopted. Section 3. If at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified as soon as is practical and further provided that wage rates 71 . ~ CITY~ 2008-2011 IAFF . . . and monetary fringe benefits shall not be suspended. Section 4. The Union and the City jointly recognize the need to perform the highest quality and level of fire rescue services for the citizens of, and visitors to, Boynton Beach in the most efficient manner possible, and hereby agree, in the best interest of both, that the employees of the Fire Rescue Department will be best served by attaining maximum efficiency and productivity. Therefore, the parties hereto agree to use their best efforts to create and maintain an atmosphere in which every employee's efforts are aimed toward these objectives and will cooperate to these ends. v. . 72 ~ CITYW . 2008-2011 IAFF . . . ARTICLE 40 SUPPLEMENTAL RETIREMENT INSURANCE Section 1. Establishment of the Boynton Beach Firefiohters Retirement Insurance Fund Local 1891 shall establish its own retiree insurance benefit fund (hereinafter referred to as "the Fund") to provide full or partial health and welfare insurance premiums on behalf of employees of Boynton Beach Fire Rescue (The Department) who retire on or after October 1, 2005, and meet certain other established eligibility requirements. Any and all eligibility requirements and benefits provided will be determined solely by the board of Trustees of the Boynton Beach . Firefighters Retirement Insurance Fund. All employees covered by this agreement shall be eligible to participate in the Fund as are non-covered members who participate in the Firefighter's Pension Plan. Section 2. City Contribution of Funds 2009. On October 1,2009 the City will increase, on behalf of each employee, a contribution equal to one-half (0.5%) percent of the current gross annual payroll of active department members (for an accumulative total of 2.5% per year). The base pay rate is set forth in the Collective Bargaining Agreement between Local 1891 and the City of Boynton Beach and in the Boynton Beach Pay Plan at the time the contribution is made. 73 . ~ CITY -PL-- 2008-2011 IAFF -~- . . . Section 3. City Contribution of Funds 2010. Effective October 1, 2010, the City will increase on behalf of each employee, a contribution equal to one-half (40.5%) percent of the current gross annual payroll of active department members (for an accumulative total of 3.0% per year). The base pay rate is set forth in the Collective Bargaining Agreement between Local 1891 and the City of Boynton Beach and in the Boynton Beach Pay Plan at the time the contribution is made. Section 4. In subsequent years, throughout the term of this contract, the City will contribute an amount derived from the cumulative amount not paid to employees from the inception of I the Fund on October 1, 2005. Section 5. Annual Payment of Funds In subsequent years, the annual contribution, an amount derived from the cumulative amount . not paid to employees shall be remitted to the Fund by October 15, and every October 15th thereafter, provided that the department has received a written invoice for said benefits. Failure to submit a written invoice shall not bar the Union from receipt of said funds, but shall allow the City thirty (30) days to provide the funds, which shall be retroactive. The City shall pay the annual contribution on behalf of each employee in pay status on October 1 2008, and every October 1, thereafter. Accompanying the contribution, the City shall provide a list of all department members for whom payment was made. 74 CITyM- . 2008-2011 IAFF t)L- . . Section 6. Termination of Fund It is understood and agreed that the contribution to the Fund, as provided in this article, was negotiated and agreed to by the parties in lieu of a wage increase, and is intended to survive as long as Local 1891 is certified as the Bargaining Representative of employees employed by the Department. In the event of termination of Fund, the wage increase specified in this article . shall be added to each employee's then current base annual pay, as such base pay rate is set forth in the Collective Bargaining Agreement and the City of Boynton Beach Pay Plan at the time of termination of the Fund. Section 7. Indemnification The Union shall indemnify, and hold the City harmless against any claim, demand, suit, or . liability, and for all legal costs arising in relation to the implementation, or administration, of the Fund, except to the extent that the City's acts or omissions give rise to its own liability. 75 . CITY~ 2008-2011 IAFF~ ~_.._--- . . . ARTICLE 41 COLLATERAL DOCUMENTS A. The collective bargaining agreement does not exist in a void. Provisions of the Personnel Policy Manual (PPM), the Administrative Policy Manual (APM), Department Rules and Regulations, and other policies established by resolution or ordinance (collectively referred to as collateral documents), may be applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of a . specified article in this agreement, in which case the terms of this Agreement shall prevail. Specific applicable collateral documents will be discussed and approved by the Labor Management Team. B. The City will provide draft revisions of collateral documents to the union for review to ensure that said documents are not in conflict with, and do not impact policies relied upon by the union and absent in this agreement. C. Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain, subject to applicable law. 76 CITY /;J;f . 2008-2011 IAFF~ . . ARTICLE 42 DURA TION This Agreement shall be in force and effect from October 1,2008 through September 30, 2011. Either party can provide notification to the other, no later than March 1, 2011 , expressing a desire to negotiate a new agreement. Upon receipt of such notification the parties shall arrange to meet, no later than April 1, 2011, and promptly and regularly thereafter, for the purpose of negotiating a new contract, and only those items included in the notices shall be subject to negotiation. If all issues are not resolved by September 30, 2011, . this Agreement shall remain in force and effect until all issues have been resolved in accordance with Chapter 447, Part II, Florida Statutes, as amended from time to time, . provided that all monetary benefits are subject to appropriation by the City Commission. 77 . IAFF~ CITY tJl6 2008-2011 I - . I . . Agreed to this day of , 2008, by and between the respective parties through the authorized representatives of the Union and the City. BOYNT9N BEACH FIGHTERS AND PARAMEDICS, IAFF, LOCAL 1891: BY: ~- President Witness Witness Secretary CITY OF BOYNTON BEACH . BY: Witness Mayor Witness City Clerk Approved as to Form and Correctness: City Manager City Attorney 78 . 2008-2011 IAFF CITY . . . UNION CONTRACT - ADDENDUM "A" POST ACCIDENT DRUG AND ALCOHOL TESTING POLICY Post Accident Testing. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and anyone of the following occurs: an individual dies, an individual suffers a bodily injury and immediately receives medical treatment away from the scene of an accident, one ormore vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle and under any circumstances when the bargaining unit member is issued a traffic citation. Disabling damage means damage that precludes departure of any vehicle from the scene of . the occurrence in its usual manner. Disabling damages includes damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat tire with no spare available, minor scrapes/scratches to the exterior of the vehicle; or damage or headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. An order to submit to post accident testing can be made by a Battalion Chief (Shift Commander) or by an Acting Shift Commander. Any bargaining unit member ordered for a 79 . ~ CITY f;J1I 2008-2011 IAFF . . . post accident drug test may, at the member's option be accompanied to the testing by a Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. Refusal to submit to an order for post accident drug testing, or intentionally delaying a post accident drug test can result in termination, however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. Accident DruQ and Alcohol TestinQ Procedure Employee or supervisor will contact Risk Management to report the incident as outlined in APM 12.01.02. . Notification will.include identification of employee as driver in a motor vehicle accident requiring drug and alcohol testing. Supervisor and employee will proceed to primary or alternate collection site for mandatory testing, following initial medical evaluation and treatment for any injuries sustained. Primary collection site for drug and alcohol testing is: U.S. Healthworks 1786 NW 2nd Avenue Boca Raton FL 33432 Phone 561-368-6920 Hours of Operation: 8:00 a.m. - 6:00 p.m., Mon. through Fri. 80 IAFF ~ CITY ./J!l1- . 2008-2011 . . 8:00AM - 12 Noon Saturday I Laboratory performing testing is: I Clinical Reference Laboratory, Lenexa, Kansas Medical Review Officer is: Donald Bucklin, MD 2111 East Highland, #B245 Phoenix, AZ 85016 1-800-340-3810 After Hours post-accident testing is done on-site by contacting Mobile Drug Testing Experts of FL, Inc at 1-877-256-4021 If a motor vehicle accident occurs, and injuries are sustained, when neither primary nor . alternate side is available, the employee and supervisor will make an appointment and report to the primary or alternate side as soon as the site is open or available, following medical evaluation and treatment for injuries sustained. Failure to report for mandatory testing may result in loss or reduction in workers' compensation benefits and disciplinary action. The designated doctors, labs, MRO and collection sites may change from time to time. The Risk Management Department will notify the Fire Rescue Department of possible new contacts. The Fire Rescue Department Labor Management Team will approve any changes in designated doctors, labs, MRO's, and collection sites. Changes will be 81 . \~ C'TYL 2008-2011 IAFF - ~ , " -..- '"-.--- ~- . . step 4 $ 54,342.54 $21.7719 step 4 $ 55,701.10 $22.3161 step 4 $ 57,093.63 $22.8741 step 5 $ 57,059.67 $22.8604 step 5 $ 58,486.16 $23.4320 step 5 $ 59,948.31 $24.0178 step 6 $ 59,912.65 $24.0035 step 6 $ 61,410.47 $24.6036 step 6 $ 62,945.73 $25.2186 step 7 $ 62,908.28 $25.2036 step 7 $ 64,480.99 $25.8337 step 7 $ 66,093.01 $26.4796 step 8 $ 66,053.70 $26.4638 step 8 $ 67,705.04 $27.1254 step 8 $ 69,397.66 $27.8036 step 9 $ 69,356.38 $27.7870 step 9 $ 71,090.29 $28.4817 step 9 $ 72,867.55 $29.1937 step 10 $ 72,824.20 $29.1764 step 10 $ 74,644.80 $29.9058 step 10 $ 76,510.92 $30.6534 10/1/2008 Annually Hourly 10/1/2009 Annually Hourly 10/1/2010 Annually Hourly LT LT LT $ step 1 $ 50,876.96 $20.3834 step 1 $ 52,148.89 $20.8930 step 1 53,452.61 $21.4153 step 2 $ 53,420.81 $21.4026 step 2 $ 54,756.33 $21.9376 step 2 $ 56,125.24 $22.4861 step 3 $ 56,091.85 $22.4727 step 3 $ 57,494.15 $23.0345 step 3 $ 58,931.50 $23.6104 step 4 $ 58,896.44 $23.5963 step 4 $ 60,368.86 $24.1862 step 4 $ 61,878.08 $24.7909 step 5 $ 61,841.27 $24.7761 step 5 $ 63,387.30 $25.3956 step 5 $ 64,971.98 $26.0304 step 6 $ 64,933.33 $26.0150 step 6 $ 66,556.66 $26.6653 step 6 $ 68,220.58 $27.3320 step 7 $ 68,180.00 $27.3157 step 7 $ 69,884.50 $27.9986 step 7 $ 71,631.61 $28.6986 step 8 $ 71,589.00 $28.6815 step 8 $ 73,378.72 $29.3985 step 8 $ 75,213.19 $30.1335 step 9 $ 75,168.45 $30.1156 step 9 $ 77,047.66 $30.8685 step 9 $ 78,973.85 $31.6402 step 10 $ 78,926.87 $31.6213 step 10 $ 80,900.04 $32.4119 step 10 $ 82,922.54 $33.22_ step 11 $ 82,873.21 $33.2024 step 11 $ 84,945.04 $34.0325 step 11 $ 87,068.67 $34.88 step 12 $ 87,016.87 $34.8625 step 12 $ 89,192.29 $35.7341 step 12 $ 91,422.10 $36.62, . - 10/1/2008 Annually Hourly 10/1/2009 Annually Hourly 10/1/2010 Annually Hourly Capt. Capt. Capt. step 1 $ 53,420.81 $21.4026 step 1 $ 54,756.33 $21.9376 step 1 $ 56,125.24 $22.4861 step 2 $ 56,091.85 $22.4727 step 2 $ 57,494.15 $23.0345 step 2 $ 58,931.50 $23.6104 step 3 $ 58,896.44 $23.5963 step 3 $ 60,368.86 $24.1862 step 3 $ 61,878.08 $24.7909 step 4 $ 61,841.27 $24.7761 step 4 $ 63,387.30 $25.3956 step 4 $ 64,971.98 $26.0304 step 5 $ 64,933.33 $26.0150 step 5 $ 66,556.66 $26.6653 step 5 $ 68,220.58 $27.3320 step 6 $ 68,180.00 $27.3157 step 6 $ 69,884.50 $27.9986 step 6 $ 71,631.61 $28.6986 step 7 $ 71,589.00 $28.6815 step 7 $ 73,378.72 $29.3985 step 7 $ 75,213.19 $30.1335 step 8 $ 75,168.45 $30.1156 step 8 $ 77,047.66 $30.8685 step 8 $ 78,973.85 $31.6402 step 9 $ 78,926.87 $31.6213 step 9 $ 80,900.04 $32.4119 step 9 $ 82,922.54 $33.2222 step 10 $ 82,873.21 $33.2024 step 10 $ 84,945.04 $34.0325 step 10 $ 87,068.67 $34.8833 step 11 $ 87,016.87 $34.8625 step 11 $ 89,192.29 $35.7341 step 11 $ 91,422.10 $36.6274 step 12 $ 91,367.72 $36.6057 step 12 $ 93,651.91 $37.5208 step 12 $ 95,993.21 $38.4588 84 t~ CITYL . 2008-2011 IAFF . 10/1/2008 Annually Hourly 10/1/2009 Annually Hourly 1011/2010 Annually Hourly SIC SIC SIC step 1 $ 56,091.85 $22.4727 step 1 $ 57,494.15 $23.0345 step 1 $ 58,931.50 $23.6104 step 2 $ 58,896.44 $23.5963 step 2 $ 60,368.86 $24.1862 step 2 $ 61,878.08 $24.7909 step 3 $ 61,841.27 $24.7761 step 3 $ 63,387.30 $25.3956 step 3 $ 64,971.98 $26.0304 step 4 $ 64,933.33 $26.0150 step 4 $ 66,556.66 $26.6653 step 4 $ 68,220.58 $27.3320 step 5 $ 68,180.00 $27.3157 step 5 $ 69,884.50 $27.9986 step 5 $ 71,631.61 $28.6986 step 6 $ 71,589.00 $28.6815 step 6 $ 73,378.72 $29.3985 step 6 $ 75,213.19 $30.1335 step 7 $ 75,168.45 $30.1156 step 7 $ 77,047.66 $30.8685 step 7 $ 78,973.85 $31.6402 step 8 $ 78,926.87 $31.6213 step 8 $ 80,900.04 $32.4119 step 8 $ 82,922.54 $33.2222 step 9 $ 82,873.21 $33.2024 step 9 $ 84,945.04 $34.0325 step 9 $ 87,068.67 $34.8833 step 1 0 $ 87,016.87 $34.8625 step 10 $ 89,192.29 $35.7341 step 10 $ 91.422.10 $36.6274 step 11 $ 91,367.72 $36.6057 step 11 $ 93,651.91 $37.5208 step 11 $ 95,993.21 $38.4588 step 12 $ 95,936.10 $38.4359 step 12 $ 98,334.50 $39.3968 step 12 $ 100,792.87 $40.3818 . 85 t-/ ~ wi 2008-2011 IAFF CITY --~---~-_. -_.._----~ ---- - . employees. (b) Life experience credit will not be approved for tuition refund. (c) Degree programs, which relate directly to the employee's current position, will be approved. Once degree approval is granted, all courses specifically required will be approved. (d) For those employees who have been approved for a degree program, all general educational courses specifically required by the school will be approved. (e) All other course work will be considered on a course-by-course determination. Employees receiving financial aid or a scholarship, as well as employees Qualifying for benefits under the G.1. Bill or other State or Federal Programs are eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment . in a semester is twelve (12) semester hours or fifteen (15) quarter hours. The City will pay an amount equivalent to the current tuition charged by the State (public) colleges and universities. The rater's overall evaluation on the Employee Performance Evaluation conducted immediately preceding the beginning of classes must be "Satisfactory" or better for the employee to be eligible for tuition refund unless the course work for the employe~ receiving a less than "Satisfactory" evaluation relates to the area of weak performance. In addition, any employee placed on suspension or on restricted sick leave during a six-month period prior to the beginning of a course will not be eligible. 90 tt/ CITY /PI----- (' 2008-2011 IAFF , . VI.-CONSENT AGENDA ITEM D. . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM c:;:) a...... co =t-< CI) -<is> f'T1 n'T.I -0 r'm - ""0 en :"iJ -< Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must b m~~ Meeting Dates in to City Clerk's Office Meeting Dates in to Ci Clerk's 0 (/) 0 _ Oz o August 19,2008 o October 21, 2008 o ""ro August 4, 2008 (Noon) October 6, 2008 (Noon~ ""11", Q C"J,... o September 2, 2008 o November 5, 2008 me') August 18, 2008 (Noon) October 20, 2008 (Noon) % o September 16, 2008 September 2, 2008 (Noon) o November 18,2008 November 3, 2008 (Noon) I2J October 7, 2008 September IS, 2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM I2J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: . Motion to approve the full release of surety, for the water and sewer improvements at the project known as Southwind Heights, and return the Letter of Credit no. 3074852 from Bank of America to the developer of the project. EXPLANATION: All of the required water and sewer improvements have been completed for this project, and accepted by the City for operation and maintenance. The 1-year warranty period has expired, and inspection of the project reveals that all features remain in satisfactory condition. The letter of credit from Bank of America in the amount of $100,526.00 should therefore be returned to the developer of the project: Colson & Colson 2260 McGilchrist St. SE Salem, OR 97302; Attn: Sunnie Johnson, Administrative Assistant PROGRAM IMPACT: None. FISCAL IMPACT: None . ALTERNATIVES: None. The City's code allows for release of surety after the warranty period. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC J . CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM ~ ~ ~. . --<~-f Department Head's Signature City Manager's Signature Kofi A.Boateng, P.E. Kurt Bressner Assistant to City Manager ~ UTILITIES ~~ Department Name City Attorney / Finan xc: (heter Mazzella Christopher Roschek, P .E. Finance Dept. File . . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , Page 1 of 1 I ~"a, Pete '~~~'M___'__.'_._'-.'_""'~_~~'""""_""_' .. _"~___"",_._'''_^'A,._'_'_',~"_...M'..__."".,,"",,_....,",,..._"....._"<<AA<~'_.."'...m'"m"''''''._..~~,=;._M';.-_''''.~. ...~..~=.^",M'~"'~~,". ___~._~_~~_._w_._..n.._.._._.y_.,~__.A..-..~_"'.__.M._.._ ~._~,____~~M~_._"_"._<...~_~_'"o~w~_'w...-...-,w,,~,^~~_M.,_'v..." ","MW : Sunnie Johnson [sjohnson@colson-colson.com] Sent: Monday, August 25,2008 12:24 PM To: Mazzella, Pete Subject: Boynton Beach Retirement Residence Letter of Credit Attachments: Draft LOC2.pdf Hello Peter, Can the letter of credit that was issued for water and waste water systems for the Boynton Beach Retirement Residence be released? Thanks, Sunnie . . 9/8/2008 , ~ RECEIVED MEMORANDUM JUN 0 2 2005 . UTILITIES DEPARTMENT NO. 05-80 PROCUp~VICE& TO: Mary Munro, Budget Coordinator, Finance Department (w/original) Jim Cherof, City Attorney (w/copy) FROM: Peter Mazzella, Deputy Director of Utilities ~ DATE: May 31, 2005 SUBJECT: South Wind Heights ACLF - Letter of Credit Transmittal Enclosed is original letter of credit no. 3074852 from Bank of America as surety for the construction of the water and sewer improvements for the subject project. Please review this letter of credit, and if acceptable, retain for further use. I f you find any deficiencies in this letter of credit, or have any questions regarding it, please contact me directly. . Attachment Xc: Laurinda Logan, Engineering File . . . Bank of America . . DATE : MAY 16, 2005 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3074852 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH COLSON & COLSON CONSTRUCTION CO. C/O CITY MANAGER 2250 MCGILCHRIST ST. SE 100 EAST BOYNTON BEACH BLVD. STE 200 BOYNTON BEACH, FL 33435 SALEM, OR 97302 ATTN: PETER MAZZELLA - CITY ATTN: GREG TIBBOT ENGINEER AMOUNT \fa\l@~u~lllP) USD 100,526.00 ONE HUNDRED THOUSAND FIVE MAY 11 {~ HUNDRED TWENTY SIX AND 00/100'S US DOLLARS IOWlOtIIBC8- EXPIRATION OCTOBER 31,'2006 AT OUR COUNTERS . BUILDING PERMIT NO. 05014295 FOR SOUTH WINDS HEIGHTS - CONGREGATE LIVING FACILITY WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. 3074852 IN FAVOR OF CITY OF BOYNTON BEACH ("CITY" ) FOR THE INITIAL AMOUNT OF ONE HUNDRED THOUSAND FIVE HUNDRED TWENTY SIX AND 00/100' S US DOLLARS ($100,526.00) EFFECTIVE AS OF THIS DATE. THIS LETTER OF CREDIT IS ISSUED FOR THE WATER AND SEWER IMPROVEMENTS NECESSARY IN CONNECTION WITH THE PROJECT PURSUANT TO THE TERMS OF THAT CERTAIN BUILDING PERMIT NUMBER 05014295 (HEREAFTER "PERMIT"), ISSUED TO COLSON & COLSON CONSTRUCTION CO., AS DEVELOPER, BY PALM BEACH COUNTY, FLORIDA, TO DEVELOP A PROJECT TO BE KNOWN AS SOUTH WINDS HEIGHTS CONGREGATE LIVING FACILITY, (HEREAFTER, "PROJECT"), AND TO CONSTRUCT AND INSTALL THE REQUIRED WATER AND SEWER IMPROVEMENTS TO SUPPORT THE PROJECT PURSUANT TO THE TERMS OF THE PE~IT. THIS LETTER OF CREDIT, HOWEVER, IS INDEPENDENT OF SAID PERMIT AND REFERENCE HEREIN IS FOR INFORMATION ONLY. THE INITLAL AMOUNT OF FUNDS AVAILABLE UNDER THIS LETTER OF CREDIT AND STATED ABOVE MAY BE REDUCED BY THE CITY ENGINEER, AS THE AUTHORIZED AGENT OF CITY OF BOYNTON BEACH, IN ACCORDANCE WITH THE REQUIREMENTS OF . THE SUBDIVISION, PLATTING, AND REQUIRED IMPROVEMENTS REGULATIONS. WE HEREBY AGREE THAT SUCH REDUCTION SHALL NOT BE EFFECTIVE UNTIL WE HAVE flank ofAmenCfl. N.A. Trade Operations Mail Code: CA9.70J.19-1l9 33.1 S. Beaudry Menue. 191h Floor. In. Angel.., CA 90017 00.3S-0201NSB 9.1999_CA9 19 ORIGINAL , .. ~1 . Bank of America ~ , PAGE: 2 . THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3074852 FURNISHED A WRITTEN AMENDMENT TO THIS LETTER OF CREDIT. SUCH AMENDMENT SHALL REFERENCE THIS LETTER OF CREDIT AS WELL AS THE PERMIT NUMBER AND PROJECT NAME, AS SET OUT HEREIN, AND THE NEW AMOUNT. FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO THE CITY HEREUNDER NOT EXCEEDING IN AGGREGATE THE AAOUNT OF THIS CREDIT (AS SAID AMOUNT MAY BE AMENDED FROM TIME TO TIME PURSUANT TO THE ABOVE PARAGRAPH) AGAINST THE CITY'S DEMANDS ON BANK OF AMERICA, N .A. , BY ITS AUTHORIZED AGENT NAMED ABOVE, FOR PAYMENT ON US MENTIONING OUR LETTER OF CREDIT NO. 3074852. THIS LETTER OF CREDIT SHALL BE DEEMED AUT<>>fATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE ,., (1) YEAR FRCM THE PRESENT OR MY FUTURE EXPIRATION DATE, UNLESS AT LEAST NINETY (90) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT. WHEN WE RECEIVE YOUR DRAFT FOR PAYMENT AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, LOS ANGELES, CA90017, MAIL CODE: CA9-703-19-23, ON OR PRIOR TO THE EXPIRATION DATE, WE WILL PROMPTLY . HONOR THE SAME. VENUE FOR ANY LEGAL ACTIONS NECESSARY TO ENFORCE THE TERMS OF THIS LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF STANDBY LETTER OF CREDIT DEPARTMENT MENTIONING SPECIFICALLY OUR CREDIT NUMBER. EXCEPT AS IS INCONSISTENT WITH THE EXPRESS PROVISIONS HEREOF, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL ~HAMBER OF COMMERCE PUBLICATION NO. 500. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-5304. ~~IUA TITLE: ASST. VICE PRESIDENT . Bank of America. N.A. Trade OperaLions Ma;J Code: CA9-703-19.()9 333 S. Ileaudry A'....u.. 191h FlOOf,lo.Angeles, CA 90017 OO.J:\-020INSB 9-1999_CI\9 19 ORIGINAL - - - - .~ . VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E. . AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office o August 19,2008 August4,2008 ONoon) o October 21,2008 October 6, 2008 ONoon) o September 2, 2008 August 18, 2008 ONoon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2, 2008 ONoon) o November 18,2008 November 3, 2008 ONoon) f8J October 7, 2008 September 15,2008 ONoon) o December 2, 2008 November 17, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM f8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 . RECOMMENDATION: Motion to ratify approval by City Commission to allow the Supervisor of Elections (SOE) to utilize the Boynton Beach City Library Program for early voting beginning on October 20, 2008 and ending with the close of polls on November 3, 2008. EXPLANA TlON: In order to allow the residents of the central portion of Palm Beach County a convenient place for early voting, the City will provide the necessary staff to open and close the Library Program room as the early voting place, based on the direction of the on-premises SOE staff. PROGRAM IMPACT: The SOE will provide the necessary staff to operate the early voting site and will be responsible for the delivery, set-up and protection of the necessary voting equipment and supplies. In addition, the SOE will arrange for security of the site during operational hours. In the event that additional security is needed due to a large number of early voters, the SOE will make arrangements for additional security as needed. The City will supplement this security on an as- needed basis, but we have requested that the SOE make necessary arrangements for security either by a private firm or the Palm Beach County SherifFs Office. We expect that the Boynton Beach center will be very busy. The SOE will provide the Boynton Beach Library Director and the Boynton Beach Police Chief or their designee's emergency contact information for supervisory personnel at SOE to discuss and resolve issues or problems at the early voting site. We in turn, will provide necessary emergency contact information to the SOE field and supervisory staff. FISCAL IMPACT: The City will provide the necessary staff to open and close the early voting place based on direction of on-premises SOE staff. We estimate the additional cost of the City staff to cover hours that the Library is not open to be approximately $1,000. We are requesting that the SOE reimburse the City for staff costs not to exceed $1,000. Not to allow the Boynton Beach City Library to be utilized as an e rly voting location by the SOE. Department Head's Signature City Manager's Signature . Assistant to City Manager ~ City Manager's Office Department Name -City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC -- --- -------------- " " The City of Boynton Beach . OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: bressnerk@dboynton-beach.f/.us www.boynton-beach.org September 29, 2008 Mr. Brad Merriman Assistant County Administrator Palm Beach County 301 N. Olive Avenue #1101 West Palm Beach, FL 33401 Re: Early Voting Site Boynton Beach Public Library 208 S. Seacrest Blvd, Boynton Beach, FL 33425 Dear Brad: ~ . I am pleased to confirm that the City of Boynton Beach will extend to the Supervisior of the Palm Beach County Board of Elections (EOE) the use of the Program Room at the Boynton Beach Public Library for early voting beginning October 20, 2008 and ending at the close of the polls on November 3, 2008. This will allow residents of the central portion of Palm Beach County a convenient place for voting. Because the City Commission will not meet until October 7, 2008, they will confirm this letter by ratification action. The City will provide the necessary staff to open and close the early voting place based on direction of on-premises BOE staff. We estimate the additional cost of the City staff to cover hours that the Library is not open to be approximately $1,000. We are requesting that the BOE reimburse the City for staff costs not to exceed $1,000. The BOE will provide the necessary staff to operate the early voting site and will be responsible for the delivery, set-up and protection of the necessary voting equipment and supplies. In addition, the BOE will arrange for security of the site during operational hours. In the event that additional security is needed due to a large number of early voters, the BOE will make arrangements for additional security as needed. . ~ ) ; . The City will supplement this security on as needed basis but we prefer that the BOE make necessary arrangements for security either by a private firm or the Palm Beach County Sheriffs Office. We expect that the Boynton Beach center will be very busy. The BOE will provide the Boynton Beach Library Director and the Boynton Beach Police Chief or their designee's emergency contact information for supervisory personnel at BOE to discuss and resolve issues or problems at the early voting site. We in turn, will provide necessary emergency contact information to the BOE field and supervisory staff. We appreciate the opportunity to be of service the citizens of Palm Beach County to offering the Boynton Beach Library as a early voting site for a very crucial national, state and local election. ve~~ Kurt Bressner City Manager . . AMERIOA'S GATEWA Y TO THE GULFSTREAM f IX. - CITY MANAGER'S . REPORT ITEM A . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J J\ugust 19,2008 J\ugust 4, 2008 (Noon) c=J October 21, 2008 October 6, 2008 (Noon) c=J September 2, 2008 J\ugust 18,2008 (Noon) c=J November 5, 2008 October 20, 2008 (Noon) c=J September 18, 2008 September 2, 2008 (Noon) c=J November 18,2008 November 3,2008 (Noon) [8] October 7, 2008 September 15, 2008 (Noon) c=J December 2, 2008 November 17, 2008 (Noon) c=J Announcements/Presentations [8] City Manager's Report NATURE OF c=J Administrative c=J New Business AGENDA ITEM c=J Consent Agenda c=J Legal c=J Code Compliance & Legal Settlements c=J Unfmished Business c=J Public Hearing c=J . RECOMMENDATION: Accept final report from the City of Boynton Beach's Green Task Force on recommendations pursuant to creating policies and programs that will promote environmental sustainability within the Boynton Beach Community. EXPLANATION: On February 19,2008, the Boynton Beach City Commission approved and adopted Resolution R08-025 establishing a Green Task Force to oversee the process of improving and sustaining the environmental needs of the community (Exhibit A). In accordance with the ordinance, the Green Task Force (GTF) researched successful programs implemented by other communities and created a benchmark of "best practices" for the City of Boynton Beach by conducting an in-house inventory, utilizing the Florida Green Building Coalition Standards (FGBCS), endorsed by the Florida League of Cities. As a result, 118 best practices were identified within the City organization (Exhibit B). Areas of improvement were also identified and are incorporated in the list of recommendations in the fmal report (Exhibit C), along with recommendations on how to proceed to the next step, in lieu of the sunset of the Green Task Force. PROGRAM IMPACT: The final report briefly reviews the goals and objectives of the Green Task Force and gives an explanation of recent legislation that has tremendous impact upon State, Regional and Local climate change initiatives. This includes State Comprehensive Plan changes, changes to the Florida Energy Code for Building Construction, enhanced statewide recycling, statewide reduction of greenhouse gas emissions, and construction of municipal facilities to high- performance green building rating systems. All of which are unfunded state mandates. The fmal report also recommends that a community alliance for public participation be created, with City staff assisting under the direction of the City Manager's Office, to explore climate action programs recommended by the GTF and approved by the City Commission. Also included for consideration by the City Commission are Affordable Housing and Green Building incentives that could be incorporated into a Green Building Ordinance. The continuation of the City's greenhouse gas emissions (GHGE) inventory is a vital component to establishing both a long range target and annual cumulative reduction goals, such as the one proposed by the US Conference of Mayors. And lastly, the GTF has collaborated with other City staff to indentify additional initiatives that can be investigated and accomplished internally within the City organization, some at no or low cost to the city, some to be considered for the next fiscal year budget and some to be considered as long term goals for the City. . FISCAL IMP ACT: The GTF has been actively researching and pursuing potential funding sources for the recommended initiatives. Through the efforts of our Grants Coordinator, a total of 33 potential grant funding opportunities have been identified (Exhibit D). GTF members have also been working closely with Washington lobbyists, US Strategies Corp. and Climate Communities, Inc. to persuade legislators to make funding available for green projects at the Federal level. The GTF S:\BULLETlN\FORMS\AGENDJ\ ITEM REQUEST FORM.DOC -------- ~ . CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM has also been exploring the possibility of private/public partnerships that have worked successfully in cities like Miami, Florida, Long Beach, California, Baltimore, Maryland, and Dallas, Texas just to name a few. ALTERNATIVES: 1.) Not to accept the GTF final report and do nothing with the recommendations; 2.) Accept the fmal report and allow City staff to continue working on the implementation of the recommendations as outlined in report; 3.) Receive report and instruct City staff as to which recommendations the City Commission wishes to go forward with. A TT ACHMENTS: Exhibit A - Resolution 08-025 Exhibit B - Best Green Practices Exhibit C - Green Task Force Final Report Exhibit D - Potential Grant Funding Opportunities ~e~ cJ~~~~ Assistant to City Manager ~ ~.eEv..N /ASK. Fo~E.. . Department Name City Attorney / Finance | . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC . II EXHIBIT A . i . I RESOLUTION NO. R 08 - ~S- 2 3 A RESOLUTION OF mE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 ESTABLISHING A GREEN TASK FORCE TO OVERSEE 6 mE PROCESS OF IMPROVING AND SUSTAINING 7 THE ENVIRONMENTAL NEEDS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission of Boynton Beach is increasingly concerned with 12 environmental issues in our community, recognizing the importance of environmental 13 stewardship regarding energy, water, air, land, waste and sustainable construction; and 14 WHEREAS, the Commission understand the effects of the vast amounts of 15 resources and energy consumed by our community; and 16 WHEREAS, the Commission believes that our community should take greater strides . 17 toward acting in an environmentally responsible manner; and 18 WHEREAS, There needs to be an increase in citizen awareness of sustainable 19 nvironmental and construction practices; and 20 WHEREAS, other communities across the country have established that 2] nvironmentally sound practices will save money, energy and resources over time; and 22 WHEREAS, environmental improvement is a critical and timely issue that should 23 oster cooperation between the City and the community; and 24 WHEREAS, the Commission's goal is to involve City employees and citizens in 25 reating policies and programs that will promote environmental sustainability on all areas of 26 his community; and 27 WHEREAS, Communication with all appropriate Environmental, Staff and Citizen 28 roups is necessary and vital for stimulating green awareness, and . - I - ~~~ . IT . . i . 1 The Task Force shall consider the cost to implement their ideas as the recommendations are 2 formulated. 3 Section 4. That this Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this ~ day of February, 2008. 5 6 7 8 9 10 II 12 13 14 15 Commis~oner - Ronald . 16 tI'-(/' ~~ \ / 17 ,.. /...~/. I 18 co~ssio9er lodroW L:. ~y. 19 20 c; " /;/ :7/~ "1-.- / ~~--a..--- . 21 "Commissioner - Marlene Ross 22 ATTEST: 23 24 p~ 25 . 26 27 28 29 30 31 32 33 . - 3 - ---- . EXHIBIT B I . BOYNTON GREEN PRACTICES Municipal Buildings, Facilities & Operations · Balcony & roof overhang around Intracoastal Park Clubhouse to reduce passive solar heating of interior rooms . Waterless urinals in Utilities Administration & Library . Infrared toilet and sink sensors at Intracoastal Park Clubhouse, infrared sink sensors the Art & Activity Center, and the recently awarded Dept. of Elder Affairs grant will provide infrared toilet and urinal sensors at the Senior Center. . Infrared soap and recycled paper towel dispensers in all City facilities . Recycled toilet paper in all facilities . Adopt-a-street program . Invasive tree species removal program . Integrated pest management vendor . Street sweeping . Converted medians to low volume and changed plant materials, removing turf . Changed all watering levels on irrigation systems to meet SFWM mandate · All new Recreation facilities RFQ's for consultants have a rating factor for "green building" certified and experienced . Irritation from ponds and canals whenever available as an alternative to potable water use . The CRA office uses low flush toilets. . Utilities recycles fluorescent light bulb, and other mercury-containing devices . Cardboard recycling . Utilities' acid/basic waste is neutralized before disposal . Utilities utilizes lab packing and proper disposal of all expired/unused laboratory chemicals · Utilities' chloride process waste is collected and disposed properly by waste hauler . Utilities recycles used petroleum products and waste oil Prepared by the City of Boynton Beach Green Task Force, utWzing the US Mayor's Coundl categories for Best Practices .- ; ~ \ City of Boynton Beach Green Task Force - Boynton Green Practices Page 1 of 8 (\-1; S:\Green Task Force\Green Tips\Boynton Green Practices 5-23-2008.doc '.....~. I ----.- . I . BOYNTON GREEN PRACTICES Municipal Buildings, Facilities & Operations - Continued . Utilities recycles lead washers from chlorine cylinders with used ammunition from Pistol Range . Utilities recycles the brass-body of water meters . Utilities optimizes energy efficiency of pumps and motors, including the use of variable frequency drives . Utilities provides reclaimed water/reuse water to golf courses for irrigation and is extending reclaimed water service to the eastern part of the City . Utilities Administration building has reflective solar window film . Parks is constructing a public restroom facility in which the individual restroom units are also under a secondary roof which creates a cooler main roof and assists with natural ventilation . Parks has reclaimed a wetland . Parks play equipment uses recycled plastic parts . Parks is implementing recycling for the public in city parks . Facilities Management recycles fluorescent light bulbs and other mercury-containing devices . The Links is a Certified Audubon Cooperative Sanctuary. . The Links has replaced their chemical storage shed with a state-of-the-art steel chemical storage unit with secondary containment and security . The Links has provided a buffer area for all water features to mitigate possible runoff of fertilizers and chemicals, and to provide cover and food sources to increase biodiversity . The Links conducts regular water testing to assure that maintenance activities are not adversely affecting water quality . The Links has replaced the irrigation pump station with a 225hp computer controlled pump station that assures proper distribution of water . The Links will be replacing their irrigation control system this summer with a computerized state-of-the-art control system . Sprinkler heads at the links are routinely inspected and replaced to assure that water is not wasted irrigating offsite areas . All irrigation systems at the Links have rain switches to shut off irrigation when not needed Prepared by the City of Boynton Beach Green Task Force, utilizing the US Mayor's Council categories for Best Practices .-. f _\ City of Boynton Beach Green Task Force - Boynton Green Practices Page 2 of 8 (t.4>>; S:\Green Task Force\Green Tips\Boynton Green Practices 5-23-2008.doc '..... ..".. . . BOYNTON GREEN PRACTICES Air Quality . Community Gardens . Adopt-A Tree Annual Program . Arbor Day Annual Celebration . Removed berm at Pistol Range and replaced all plants with native plants for lower maintenance and water consumption . Fire Station IV - Installed low volume irrigation system . Fire Station V - proposed low volume irrigation and changed turf from St. Augustine to Bahia to lower maintenance and water requirements . Using "gator bags" - self-watering devices for newly planted trees . Using low VOC (Volatile Organic Compound) cleaning solutions . Jaycee Park - all native vegetation . Flex work schedules reduce traffic congestion which translates into reduced ,emissions, and because some of the flexible schedules require fewer days of work per week, the number of trips is reduced . Biannual native plant give-away through the Sand Sifters Clean Up program . Boynton's Police Department utilizes bicycle patrols in the CRA area Prepared by the City of Boynton Beach Green Task Force, utWzing the US Mayor's Council categories for Best Practices .- .. ~\ City of Boynton Beach Green Task Force - Boynton Green Practices Page 3 of 8 (..II S,\G",," T"" Fo,oe\G'ee" Tip,IBoy",o" G",e" P"ct;oe, 5-23-2008.'''' '-... ..;,..;. - - ---------------- . BOYNTON GREEN PRACTICES Climate Change . The CRA's trolley system provides free transportation throughout the district. The Trolley runs seven days a week, Monday-Friday 7am- 7:30pm and on Saturday ft Sunday from 9:15am- 5:45pm. . Shopper Hopper Program reduces the number of vehicles on the road . Residential ft Commercial Recycling programs - ~~cmAT"" curbside pickup City wide . Recycling of Construction and demolition material . Greenways program . Staff is compiling data for ICLlE Greenhouse Gas Emissions Inventory to establish baseline inventory to provide recommendations for carbon emission reduction levels. . Boynton Beach has been a Tree City USA for 22 years . Blue Wave Campaign at Oceanfront Park beach . Reduced out-of-state conference attendance through use of web conferencing and on-line training . The CRA is working toward securing the Marine Industries TIlE aTY USA. Association of Florida "Clean Marina" designation when renovations are completed to the Boynton Harbor Marina. . The public leaves their automobiles in the driveway when they access approximately 5,000 files/documents per month via LaserFiche WebLink. These documents reside in City Clerk, Development, and Finance repositories. No need to travel to City Hall to pick up paper copies or do research. Prepared by the City of Boynton Beach Green Task Force, utilizing the US Mayor's Council categories for Best Practices .-. '_\ City of Boynton Beach Green Task Force - Boynton Green Practices Page 4 of 8 (..,; S,IG,""o T"k '''oeIG",eo Tip'IBoyoloo G",eo P"".'oe, 5-23-2008.'00 "',..,..; . . BOYNTON GREEN PRACTICES Energy Sources . Pool pump at Wilson Center - Geothermal power . Computerized lighting of Athletic fields at both Wilson and Little League Parks . Departmental policies for energy consumption reductions by turning off lights in unoccupied rooms; disconnecting trickle chargers when not in use; turning off aU PC equipment and peripherals. . Facility thermostats and HV AC systems set to fixed temperatures on programmable timers . Utilities facilities use motion sensors on lighting fixtures in low use rooms . Replacing T-12 Florescent bulbs with T8 in remodeled section of Library . HVAC Energy Management System with remote facility capability from Facilities Management to City Hall Fuels, Vehicles, Et Transit . Use Ultra Low Sulfur Diesel Products . Flex Fuel vehicles that can run on E -85 and Propane . Recycle oil and antifreeze . City Warehouse delivering 3 times a week instead of 5 times a week by combining orders in similar locations to save fuel . Parks - one alternative fuel vehicle . Public Works no idle policy . Carpooling between City facilities whenever possible . Enhanced bicycle security at parks and recreation facilities . Recreation provides a van pool program for group travel . The Links at Boynton Beach has replaced underground fuel storage tanks with above ground tanks with armored secondary containment. Prepared by the City of Boynton Beach Green Task Force, utWzing the US Mayor's Council categories for Best Practices .- f ..., City of Boynton Beach Green Task Force - Boynton Green Practices Page 5 of 8 (..;t! $,\G..oo To'" Fo",,\G..oo T;pslBoyotoo Gee<o Pea,,"oes 5-23-2008 doc '\..... ..;...;~ ------ ---------- . BOYNTON GREEN PRACTICES Housing . Expedited green permits - the Building division has issued two solar panel installations, one commercial and one residential in under six days. . The CRA provides down payment assistance to very low, low Ilfl~~tRA and moderate income first time homebuyers. This initiative meets the FGBC requirement for placing location efficient affordable housing. IiEutSkleLWeaS\cle.. Nbsance . The CRA donates vacant lots to Habitat for Humanity who in ~ turn provides houses to the very low income at a greatly reduced cost because of the land donation. These homes incorporate upgraded features, including reflective metal roofs, R30 insulation, and ceramic tile throughout. Habitat . The CRA (with Board approval) will work with the City of Boynton Beach to for Humanity'" formulate financial incentives for developers of office buildings, commercial Wellington County development and affordable/workforce housing projects within the CRA district who reach various levels of LEED certification. . Planning staff has amended portions, and continues to amend the balance of the City's Land Development Regulations to incorporate sustainable, green development practices . Proposed ordinance to include green development and building standards in both the Land Development Regulations and the Boynton Beach Amendments to the Florida Building Code . On going in house staff training sessions on green development and sustainable building principles and practices . Participation in local and national conferences and workshops on green building . Active members of the US Green Building Council; Palm Beach County USGBC; and Florida Green Building Coalition . Public education displays in City Hall and West Wing on green building . Website pages devoted to green building, with links to green resources, grants and incentive programs . Planning division promoting green practices via smart growth practices . Building division distributes International Code Council "Building Green - Living Better" literature in West Wing lobby, during Building Safety week and the Hurricane Expo at the Boynton Mall Prepared by the City of Boynton Beach Green Task Force, utWzing the US Mayor's Council categories for Best Practices .-' , ~ \ City of Boynton Beach Green Task Force - Boynton Green Practices Page 6 of 8 ("'l S,IG",m Tosk Fo""IG"," Tip,l.o,oto, G','m P,,,'i,,,, 5-23-2oo8doo ..",-~ - ---- BOYNTON GREEN PRACTICES I Other . Both City and CRA offices have paper recycling programs . Both City and CRA offices have plastic and can recycling program . Both City and CRA offices produce two-sided copies and have paper reuse initiatives . Both City and CRA use electronic document transmittal/receipt, including fully automated FAX, e-mail and alternative media, reducing paper waste. . Recycled materials used for Recreation art projects . Recycling of computer equipment and toners . Purchasing of green products utilizing higher quantities of recycled materials; low or no VOC cleaning products . Grants Team has eliminated the need for duplicate hard copies of grant applications and award documents by using eC;vis Grants Network software, saving on average 250 sheets of paper per grant. Since we have begun using this process we have been awarded 52 grants, saving - 13,000 sheets of paper and ink. Note: departments are currently working on another 26 applications (potentially an additional 6,500 sheets). . The Grants Team has also significantly reduced travel to the city by the grant auditor, by having team members scan original documents into Grants Network which can be accessed via the Internet with a password. The grant audit can be substantially completed at the auditor's office without travel to the City . The CRA sends electronic agenda packets to staff in lieu of printed packets. . Earth 60, Earth Day, Arbor Day, Green Every Day public displays including distribution of free compact fluorescent bulbs, battery-free LED flashlights, tree seedlings, native plants, water conservation, conservation literature/playing cards, kits, etc. to increase public awareness and education of green programs . Utilities distributes free indoor water conservation kits . Utilities sponsors WaterWise student education program . Utilities distributes an annual Water Quality Report to educate our customers on the City's water conservation goals and green initiative and how they can participate at home Prepared by the City of Boynton Beach Green Task Force, utilizing the US Mayor's Council categories for Best Practices .- , ~ \ City of Boynton Beach Green Task Force - Boynton Green Practices Page 7 of 8 ("'i S,'G".o T.., Fo""IG"eo Tip"Boyo'oo G,eeo P,,"oo, 5-23-2008.'00 '........;..; - BOYNTON GREEN PRACTICES Other - Continued . Utilities participates in Customer Service Week to educate the public on the City's water conservation programs . Utilities and Parks Department are developing a conservation garden to demonstrate green landscaping techniques, such as drip irrigation, xeriscaping, and use of native plants . Reduce, reuse, recycle programs for both public and City employees, including central recycling collection of used Compact Fluorescent bulbs . Removal of exotic and invasive species from public areas . The CRA office currently uses 5 gallon containers for drinking water and not small plastic bottles. . The CRA office uses ceramic coffee mugs instead of Styrofoam cups. . The CRA office uses energy efficient light bulbs. . City employees are encouraged to drink tap water over bottled water . Library and Utilities Customer Service departments will soon be deploying Tele-Works to broadcast friendly reminders to overdue account holders/customers. This semi-automated, paperless, postage-less method will help expedite the collection of receivables. . Parks is constructing a bioswale which will allow water to percolate back into the soil rather than become run off . The Links has implemented, and Parks will be Implementing, an integrated pest management program which will allow for the use of more environmentally safe pesticides and fertilizers . The Links has photographed and/or documented 50 different species of birds, fish, reptiles, mammals and insects that call it home . The Links has provided training to staff, along with postings and notices for customers and the public, regarding wildlife conservation and environmental stewardship. Prepared by the City of Boynton Beach Green Task Force, utWzing the US Mayor's Council categories for Best Practices .- , .,. \ City of Boynton Beach Green Task Force - Boynton Green Practices Page 8 of 8 ("'i S,\G,e," T.., Fo,,,,\G<eeo l1p,\Boyo'oo G..eo P<actkes 5-23-2oo8doo '......;,....'" ------ ------- EXHIBIT C . CITY OF BOYNTON BEACH GREEN TASK FORCE FINAL RECOMMENDATIONS TO CITY COMMISSION OCTOBER 7, 2008 On February 19, 2008 the Boynton Beach City Commission approved and adopted Resolution R08-025 establishing a Green Task Force to oversee the process of improving and sustaining the environmental needs of the community. The Commission's goal is to involve City employees and citizens in creating policies and programs that will promote environmental sustainability within the Boynton Beach Community. The Green Task Force was created to focus on areas of Public Education; Water Conservation; Waste Reduction/Recycling and Sustainable Construction, and provide recommendations to the City Commission regarding the development of a long-term environmental improvement plan to reduce carbon emissions and an assessment of our current environmental situation. This includes, but is not limited to: . Researching successful programs implemented by other communities and providing recommendations for ways to improve the environmental sustainability of City programs, service, equipment and facilities. . Proposing means to enhance water and energy conservation. . Creating incentives for residents, businesses, developers and . organizations to practice environmental conservation and sustainable building. . Incorporate green building standards into the City's Land Development Regulations. . Create incentives for sustainable affordable housing developments. During the past several months, the Green Task Force has examined several key areas for incorporation into a Climate Action Plan for the City of Boynton Beach. Simultaneous to pursuing a plan specific to the City of Boynton, we have been closely tracking the impacts of Governor Crist's recent legislation, House Bill 7135, approved by the Governor on June 25, 2008. The legislation mandates that all county, municipal, school district, water management district, state university, community college, and Florida state court buildings be constructed to me~t the United States Green Building Council (USGBC), Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the Department of Management Services. This shall apply to all buildings for which architectural plans were commenced after July 1, 2008. . . In addition, Governor Crist signed HB 697 on June 17,2008 which heavily impacts Florida's Building Code and adopts the International Energy Conservation Code (IECC) as additional regulating statutes. And the Governor's Climate Action Plan, Executive Order # 07-128, effective July 13, 2007, mandates reduction of statewide Greenhouse Gas Emissions (GHGE) by the year 2017 to the year 2000 levels. The Green Task Force has been working to incorporate these new legislative, unfunded mandates with a view toward limiting current and future energy use as the major plan factor, followed closely by water conservation efforts, green building approaches, alternative energy-fueled vehicles, incentives to reduce the effects of employees' commutes, reducing vehicle miles traveled, enhanced single stream recycling for all areas including construction, and renewable power alternatives. State Comprehensive Plan Changes The following changes were enacted by the Governor effective with the signing of HB 697. Comprehensive Plan expanded to include: . Future Land Use Element - 163.3177(6)(a)- 1. The discouragement of urban sprawl; 2. Energy-efficient land use patterns accountable for existing and future electric power generation and transmission systems; 3. Greenhouse gas reduction strategies. Traffic Circulation and Transportation Elements 1. 163.3177 (6)(b) - The traffic circulation element shall incorporate transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. 2. 163.3177(6)0) The incorporation of transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. Conservation Element - 163.3177(6)(d) 1. Including factors that affect energy conservation 2. The land use map or map series shall generally identify and depict the following: ... ..energy conservation. Housing Element - 163.3177 (h) 1. Energy efficiency in the design and construction of new housing. And Use of renewable energy resources. . 2 . Changes to the Florida Energy Code for Building Construction Changes to the Florida State Building Code are pending the current review period which has been extended. Adoption of the 2007 Florida Building Code is now anticipated for March 2009. These changes will require a 15% increase in building energy efficiency levels over the current 2004 Building Code, with additional increases adopted every three years up to a 50% increase by 2019. Enhanced Statewide Recycling The State Legislature also enacted legislation setting an enhanced statewide recycling goal at 75% statewide recycling by the year 2020. Expansion of recycling programs can be costly and although the legislation has established an increased recycling goal there is no funding available for expansion. The City is working with the Solid Waste Authority as well as private companies to determine the feasibility of single-stream recycling to enhance recycling participation. Staff will also be examining the impact of supporting green building certification as it relates to the mandatory recycling of building construction debris. Greenhouse Gas Emissions Inventory On March 24, 2008, the Green Task Force set forth an ambitious statement on . short- and long-term environmental goals. This statement included 8 specific goals and prescribed an approach for attaining the eight action items. Included in that list were: 1. Create a benchmark of the City's best practices for environmental conservation and sustainability through an assessment and inventory process. 2. Conduct a base line emissions inventory and forecast for Greenhouse Gas Emission (GHGE) levels. 3. Adopt an emission reduction target for the forecast year. 4. Develop a Local Environmental Sustainability Action Plan. 5. Implement Policies and Measures. 6. Monitor and verify results. 7. Increase citizen awareness of sustainable environmental construction practices through public education programs. 8. Actively track legislation and seek funding opportunities for green initiatives. The Green Task Force chose the Florida Green Building Coalition Standards for Green Local Governments to conduct an inventory of best "green" practices and to identify those areas that need improvement. The FGBC is endorsed by the Florida League of Cities for establishing a voluntary, statewide standard for green . local government designation. As a result of the inventory process, 118 best practices were identified throughout the City organization. Areas of improvement have also been identified and are incorporated in the list of recommendations 3 . within this report. Application for certification by the FGBC should be considered in the future. The Green Task Force has been hesitant to endorse a specific greenhouse gas reduction effort, such as the one proposed by the US Conference of Mayors, until we have determined what Boynton's GHGE footprint is. A recent survey by the Institute for Local Self Reliance indicated that a sampling of 10 proactive cities that have pledged to meet the Kyoto targets referenced in the US Conference of Mayors Climate Protection Agreement, will"fail in their attempts unless complementary state and federal policies are put in place." Bearing in mind that the recent state legislation has already created some of those policies, several bills drafted in both the House and Senate to set Federal Standards will be determining factors in Boynton's future actions. The Green Task Force, in coordination with City Staff, is working on integrating those state level unfunded mandates and actively seeking to include local funding initiatives in both the Federal House and Senate proposals, to assure that Boynton has the financial backing to meet those goals. Our desire is to continue these efforts in formulating a plan for Boynton that both adheres to the State and Federal mandates while including the specific local targets determined by forming community alliances. . Toward that end, a City greenhouse gas emissions (GHGE) inventory, begun in August 2008 and to be completed in 2009, will provide baseline data for our government operations that will allow the City to support the goals of both the City and State of Florida Climate Action Plans. Chris Roschek, Utilities Engineering Manager, is working with numerous State and County agencies and utilities such as, FDOT, FPL, FPUC, Solid Waste Authority and City departments to gather the necessary data sets to complete this extensive analysis. Our benchmark year for the City will be based on 2006 data, which was a non- hurricane event year. Utilizing the Clean Air and Climate Protection (CACP) software provided by ICLEI - Local Governments for Sustainability (formerly the International Council for Local Environmental Initiatives), staff will be able to provide recommendations for selecting a benchmark for both City Government and aggregate City limit GHGE. These recommendations will provide for both a long range target and annual cumulative reduction goals. Based on the experience of the City of Clearwater, the data analysis process will take approximately 400 man hours to complete, once all the data has been inputted into the system. The Green Task Force is recommending that staff investigate funding opportunities to hire an intern to assist in the completion of . this process. 4 . . Another area of serious consideration and future focus is to continue evaluating both the economic savings and carbon reduction benefits of shifting the City to a four/ten work week. This concept has been growing in popularity throughout the country. The communities who have implemented this program have seen immediate results in cost savings through reduced energy consumption in public buildings and reduced vehicle miles traveled by employees, both major emission contributors. Through the use of performance contracting, the City has an opportunity to set standards for new building construction and existing building energy management that will result in additional savings. All of these programs combined will play major roles in helping the City reduce its carbon footprint and attain the desired emission reduction adopted by Commission. Community Alliances While the Green Task Force has made substantial progress in inventorying best practices both here and in other local Cities, we are at a point in our implementation where inclusion of community input is crucial to completing the formulation of our Climate Action Plan. We would like to recommend that the City Commission direct the City Manager to allow staff to continue working on the plan and to incorporate public participation. These alliances would allow the City . to interact with residents, businesses and organizations who wish to assist in prioritizing local efforts. The Green Task Force recommends that this community alliance for public participation incorporate key professionals from the community: . LEED Professional (any discipline) . Architect . Environmental Engineer . Landscape Architect . Transportation Specialist . General Contractor . Non-profit Environmentalist . Utility/Energy Professional . Financial Lender . Environmental Scientist . Two (2) Residents (at large) In continuing our efforts under the direction of the City Manager's Office, these various community alliances will explore the following Climate Action Programs for recommended incorporation into the Boynton Climate Action Plan. . Increase use of renewable energy sources . . Develop a green building program 5 . Explore the use of alternative fuels for the existing vehicle fleet . . Develop energy performance contract language for RFP's . Incorporate climate change adaptation principles into the existing land-use plans . Expand the current recycling program through consideration of alternative methods and increasing public awareness . Incorporate the responsibilities for sustainability coordination into one or more existing positions within the City . Continue to partner with the Treasure Coast Regional Planning Authority on regional land-use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles . Develop and implement a coordinated energy education and public outreach program as well as a training program for local businesses . Foster community and citizen involvement in the development and carrying out of our local plan . . Explore an Energy Service Company partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in City and CRA buildings. . Establish energy-efficiency, climate adaptability and renewable- energy criteria in the Affordable Workforce Housing ordinance. . Define City standards for energy-efficiency and renewable-energy criteria when assessing the housing, commercial, and transportation sectors . Develop financial, regulatory, policy, and market incentives for development of energy-efficiency and renewable-energy projects and programs, training and incentivizing green jobs, assisting existing local businesses through retention and expansion. . Work with the State legislature to formulate a uniform State Tax Credit for private green buildings that meet a minimum level of green certification through one of the nationally recognized green building programs. . . Define low impact, green development incentives 6 . Define high impact non-green development disincentives . Explore partnering with local financial institutions to create a loan . fund for climate adapted, energy efficient workforce housing rent-to- own options . Investigate workforce transportation alternatives to reduce reliance on individual transportation (i.e. mobile workforce programs like teleworking; flexible work hours; 4/10 work days; carpooling policies and incentives; parking solutions) . Identify opportunities (such as solar/photovoltaic materials) where a demand for manufacturing exists and develop an economic incentive program to attract green business to Boynton . Conduct a public green event; enhance the local green market activities with greater green business participation. . Provide incentives for clean industry The balance of this report will focus on initiatives within the City organization . which are currently underway or proposed for future consideration. . Water Utilities Initiatives 1. Recommend to expand the reclaimed water infrastructure to further decrease the usage of potable water and groundwater for irrigation. 2. Conduct energy audits of the water treatment facilities, lift stations and wells to help reduce energy usage. 3. Evaluate the efficiencies of pumps and motors in all applications and coordinate with the War~house Manager to determine the feasibility of installing Energy Star products. 4. Research feasibility of adopting alternative energy sources (i.e., wind, solar, etc.) at water treatment plants, lift stations, and wells. 5. Increase promotion and participation in the Online Bill Pay program for utility billing to encourage our residents and customer to go paperless. . Public Works Initiatives . 1. Inventory all light fixtures throughout City facilities and replace or retrofit T -12 fixtu res with T -8. 7 - -----...--. ..._.. ---- . - - - -----, - --- I . . Parks and Recreation Initiatives . 1. The Recreation and Parks Department recommends the grass field at the Ezell Hester Park be converted to synthetic turf to save on fuel emissions, less chemical applications and no irrigation. 2. The Recreation and Parks Department uses geothermal heating for heating the Denson Pool. 3. Apply green landscaping and irrigation standards and develop an integrated pest management program for parks and public spaces. 4. Strive to meet the Blue Wave campaign criteria for clean and environmentally sustainable beaches. 5. Continue to change energy inefficient lighting to energy efficient lighting at parks, athletic courts and ballfields. 6. Continue to implement the greenway/bikeway/blueway plan. By connecting parks, schools, the library and other destination places with pedestrian and bike trails, lower fuel consumption and emission will be realized. . 7. Develop a tree canopy enhancement program that includes both private and public lands. This could be a street tree program, a tree give away program and/or a tree replacement program. 8. Continue to purchase and install park amenities that are constructed with recycled and renewable materials. . Affordable Housing Incentives 1. Offer increased density based on level of green certification attained. This incentive would be guaranteed through bonding of the additional square footage added to the project, suggested to be bonded at the rate of $70/sq ft. This incentive is technically complex and requires consideration of the framework of the Comprehensive Plan amendment process as required by state statute. The City would need to initiate an amendment to the Future Land Use Plan to accommodate this type of bonus density. 2. Adopt mandatory guidelines for sustainable affordable housing projects which do not meet certification requirements and provide a market incentive (suggested first year funding at $55,000 from the Sembler funds dedicated for Affordable Housing) to provide owner/occupant incentives such as upgraded . appliances/mechanical systems to Energy Star; adding solar water heating systems; upgrading insulation; upgrading roof systems, etc. 9 . . . . City Wide Incentives considerations for a Green Building Ordinance 1. Tax abatement of property taxes to offset application and certification fees for projects of a designated size/certification level or for projects exceeding state building code, built to category 5 hurricane levels. 2. Application of Art in Public Places fee toward Green building/site features. When suitable and approved by the Art in Public Places Board, application of the Art in Public Places fee to add/enhance green building features including green space and architectural features that are designed in keeping with the Art in Public Places long range plan and which serve as an educational feature of the site. 3. Reduction in Capital Facilities Stormwater fees when alternative water storage/recycling/greywater systems approved by Utilities are incorporated into the plans for the site. Fee reduction would be scaled to the applicable reduction in capacity demand from each specific site. 4. Private sector partnership funding used for down payment/rent/lease assistance for home buyers, renters and . lessees of residential, commercial and industrial space within green buildings. Incentive payment of certification application fees, funding for educational programming on environmental conservation and other public outreach programs including construction/conversion of green facilities and sites within the City 5. Expedited Planning & Zoning Review for green projects seeking certification. Staff is researching the potential for becoming a State Certified local government, which helps eliminate the requirement for the State's lengthy amendment process for large scale amendments, instead allowing local staff to perform those reviews. The City of Boca Raton is currently the only City in Palm Beach County with this certification. Specific timeline for expedited reviews to be provided in final ordinance. 6. Expedited Building review and priority inspection for green projects seeking certification. The Building division will assign a specific work team for both plan review and inspection of green projects. Specific timeline for expedited reviews and priority inspections to be provided in final ordinance. 7. Sustainable Development Coordinator - expansion of existing City position (Assistant Director of Development is recommended). This position will be utilized as the interdepartmental coordinator for . projects seeking green certification and will provide incentive assistance, through referral to City, Regional and Federal incentive/funding opportunities. 10 I ~ --~-_._-- I . I 8. Modification of the City's Land Development Regulations - Staff . recognizes that certain existing regulations can be updating to recognize the uniqueness of a green project, and may qualify a project for reduction in a standard, modification in a measurement methodology, a change in terminology, or an introduction of exemptions. Potential land development regulations targeted for modification to augment a green building/site program include parking requirements (in connection with related transit access or attributes), parking space size dimensions (to coincide with provisions for smaller or "smart" vehicles), open space or pervious areas (to consider green roofs or other similar "green" spaces), and building height (to accommodate either building design or related "green" equipment). Amendment of the City's Land Development Regulations would of course require support from other administering Departments and ultimate approval by the City Commission. . Transportation initiatives 1. Parking - All public parking at a fee to fund: a. Alternative transportation, including commuter shuttle systems, bicycle, walk path and alternative fuel vehicles incentives . b. Preferred parking for alternative fuel vehicles powered by non-petroleum based fuels (Electric; Ethanol; Compressed Air; Hydrogen, etc.) c. Solar Electric Charging stations available in select public lots for use by electric vehicles . Recycling initiatives 1. As a LEED Certification requirement, the City will need to investigate alternatives to provide single-stream recycling of building materials. . Community Redevelopment Agency Initiatives 1. Within the process of creating affordable and workforce housing, the CRA will continue to : . Promote the use of local contractors and materials, therefore reducing the carbon footprint for the project. . Promote the use of energy star rated appliances and mechanicals, R30 insulation, impact windows and metal . roofs. 11 - ---------------- --------------~---------- I . I . Promote the use of xeriscape landscaping materials in . housing projects that the Agency partners with or assists in funding. 2. The CRA will also require LEED certified buildings that the Agency builds under its own initiative, with effort made to achieve Silver and Gold levels when possible and funding allows. . City-Wide Initiatives 1. Facilities Division and Warehouse will systematically convert existing light bulb inventory for all City facilities to energy efficient light bulbs. 2. Warehouse and Procurement will coordinate on janitorial bid to require biodegradable and environmentally friendly products, and to implement the replacement of equipment with Energy Star products wherever feasible. 3. Systematic replacement of existing vehicles with "green" vehicles (Le., hybrid, biodiesel, etc.) through coordination with the Public Works/Fleet Department. . 4. The reduction of paper consumption by: . Implementing an Electronic Agenda process to reduce the need for printing and paper products. . Scanning/viewing electronic documents as an alternative to distributing printed documents. . Implementing centralized fax software as an alternative to printed-paper fax machines. . Double-sided copying/printing wherever feasible. 5. Reduction of electrical power consumption for PCs through the use of a centralized power management setting ("power-off" or "standby" when inactive). 6. Reduction of electrical power consumption for servers through the implementation of "virtualization" software. 7. Reduce solid waste by using 100% recycled paper for printing, copying and utility billing and use 1 00% recycled content envelopes. 8. Continue to update and upgrade the City's web site with "Go Green Boynton" information for the latest events, activities, and . conservation/sustainability tips, articles and publications. 12 ----- . , . This report, respectfully submitted by the Green Task Force, represents the collective efforts of not only the appointed eight member committee, but also numerous members of City staff who have generously volunteered their time, assistance and support. We would like to thank the City Commission for giving us this opportunity to make such a significant contribution to the health, welfare and quality of life of our citizens, employees and the residents of Planet Earth. We look forward to being able to continue working, as City staff, on the green initiatives brought forward by the City Commission for implementation. Thank you, .._/~7~~ Mic11ael Dauta, Warehouse Manager . ~r/, to the City Manager Deb~~~~;':' ~ Christine Roberts, Assistant Director of Public Works CL . (2chL , Utilities Engineering Manager ~fI~ . Mic ael Simon, A Development Manager 13 EXHIBIT D . Boynton Beach Green Task Force Grant Report - Potential Funding Sources FD0427 Innovations in American Govemment Awards - FY 2009 Foundation Foundation No $100,000 ~ "'~=~'" - ""- U.S. Environmental US1630 State Innovation Grant FY 2009 US1630 Protection Agency Federal Recommended $200,000 US7167 Energy Efficiency and Conservation Block Grant - FY 2006 US7167 U.S. Department of Energy Federal No fonnula based ~.;,....... >~ --- Greenhouse Gas Emissions Through Energy Efficiency, Clean Energy, and Corporate Greenhouse Gas U-8- Environmental Citywide Efforts Management - FY 2006 US7591 Protection Agency Federal No $250,000 ----""-""----,...,."""""""""''''' ""''''''-''''''=''''''''''-''",..~ ""...-' . US6605 Source Reduction Assistance Grants Program U-S_ Environmental Citywide Efforts (Regions 1-7, 9, and 10) - FY 200612009 US6605 Protection Agency Federal Yes $100,000 .~''''''''''''''''''-'''''-''' -~ =-""" ''''."W<_~_'~'';;';';;''''''"''''''''_'''' ~ - - FL0449 Hazard Mitigation Assistance Program - Pre- FI Dept of community Federal pass Development - hurricane mitigation/green housing disaster Mitigation FY2009 FL0449 Affairs/Div Emergency Mgmt thru to State Yes $3,000,000 -."",=-~~-~~ ~""=- - US0097 Community Development Block Grant (CDBG) U.S. Department of Housing Development ~ affordable Program: Entnlement Communities - FY 2006 US0097 and Urban Development Federal No fonnula based -""."",;",,,,;...,;;>>=--"",,,,,,,,,"',,.,,,.,,",,,."" ""'" ~" Development - affordable housing US7336 Weatherization Assistance Program - FY 2006 US7336 U-S. Department of Energy Federal No 52,500 ---~.,.~<<~~."..*-~","",,,. - -----"'..,..~"'" FD1622 First Choice Power. Reduce Your Use Grants - Development - affordable housing FY 2006 FD 1622 Foundation Foundation No 1,000 ~''''''''.~='''~-~ FD0650 Home "Depot Foundallon: Awards of Excenence . - Development - affordable housing for Affordable Housing Built Responsibly - FY 2006 FD0650 Foundation Foundation No 75,000 --- Fo0610A Enterprise Community Partners Green- _. - Communities Initiative (Part A): Planning and Development or CRA - affordable Construction Grants - FY 2006 - FD0610A Foundation Foundation No $50,000 . FD0610C Enterprise Community Partners Green Communities Initiative (Part C): Low-Income Housing Development or CRA - affordable housing Tax Credit Equity Investments - FY 2006 FD0610C Foundation Foundation No not specified _"""'....-r...... ., -~ Development or CRA - affordable FD1696 Home Depot HOUSing Impact Grants - FY 2006 FD1696 Foundation Foundation No $3,000 - Public Art - education - water use FD0760 Planet Foundation FD0760 Foundation Foundation No $2,500 '""",.:."~,-~.",--~ City will work with cooperative SWA to participate FL0057 Innovative RecyctinglWaste Reduction Grant FL Department of agreement with in the funding Public Works - waste reduction - FY 2010 FL0057 Environmental Protection Florida SWA available ",,,_<4>>_""" Public Works I Warehouse I ITS FD0927 Best Buy Consumer Electronics Recycling electronic event Grant Program - FY 2006 FD0927 Foundation Foundation No $1,500 -. ~ U_S. Department of Public Works! Rec. & Parks - alternative fuel for busses US0956 Clean Fuels Grant Program - FY 2006 US0956 Transportation Federal Yes not specified .~~.=.~~"'44=_';."~"''''''''''''''_ ..~ .,"",,, . . . --------~ ----------- r , IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. . 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 August 19,2008 August 4,2008 (Noon) D October 21,2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16,2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) !:8J October 7,2008 September 15, 2008 (Noon) D December 2, 2008 November 17,2008 (Noon) D Announcements/Presentations !:8J City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing 0 . RECOMMENDATION: Information Report on Take Home Vehicles EXPLANATION: With the addition of 16 take-home cars for the Police Department in the approved 2008-09 Budget, members of the City Commission requested a report from staff on the scope and nature of take-home vehicles for the City. This report includes information on take-home vehicles and auto allowances for staff. The inventory of take-home vehicles does not include vehicles that are assigned to staff on a rotating basis which is a practice followed mainly in Utilities for staff that has been placed on call. The City has 466 vehicles licensed for use on the public highways. According to the inventory taken, here is a synopsis of take-home and auto-allowances: Boynton Beach Take-Home Vehicles and Allowances 9/17/2008 Department Take Home Allowances Police 102 2 Fire 13 2 Public Works/Engineering 4 4 Utilities 10 8 Risk Management 0 2 Parks and Recreation 1 2 Development 0 13 City Mgr/Arts 0 4 Finance - Warehouse 1 0 Golf Course 0 3 . Total 131 40 Data taken from Finance Department List and Departmental Information. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC "" , CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: The take-home vehicle program is for the convenience of the City and provides for after-hours response directly to emergency scenes or locations, as needed. In addition, for the Police Department, the take-home vehicle program is part of the collective bargaining agreement. Currently, there is no cost-sharing by the employee for the use of the Police and Fire vehicles. Non-sworn personnel (police and fire) assigned vehicles pay income tax on the value oftheir commuting vehicular use and any personal use, if granted by terms of employment agreements. There currently is an IRS exemption for income taxes for sworn police and fire personnel using take-home vehicles as well as an exemption for certain utility vehicles that could not be reasonably used for personal use. As discussed, the City will formally request cost-sharing with the PBA and other bargaining units, as needed. Based on an informal survey conducted by the City, the following communities have cost-sharing for police take-home vehicles. We are also doing a similar survey for non-police take-home vehicles as it is not fair to single out one department, if there is to be cost sharing. Boca Raton: Police residing outside the City limits with take-home car: $20/mo. Delray Beach: Police residing beyond 15 miles from City pay $15/pay period. Jupiter: $50/pay-period Palm Beach Gardens: Up to 30 miles outside PBG allowed @$5/mile up to the 30 mile distance (30 miles = $150/mo) FISCAL IMP ACT: In the case of the Police Department, the department implemented a take-home vehicle program in 2005 as part of the PBA Collective Bargaining Agreement. At the time, a cost analysis performed by staff showed that the 24 hour vehicle use (for squad cars) was more costly and resulted on wear and tear on the vehicles. The 24 hour vehicle use program called for multiple officers to share one vehicle for different shifts. The replacement cycle for 24 hour in-service . vehicles is 3 years, optimally. The take-home program extends the service time of the vehicle to 5 years. However, we have not completed one five-year term ofthe expanded take-home program to validate this assessment since the program began in late 2005. It should be evaluated in the next year. Staff will be reviewing all take-home vehicle assignments and auto allowances to determine appropriateness and level based on the operational assignments of the staff member receiving the take-home car or auto allowance. This review will be completed administratively later this calendar year as part of budget planning for next year The City uses auto allowances for field inspection personnel in lieu of purchasing City vehicles. This is principally in our Building Department and is also a collective bargaining matter in the White Collar CBA. For those employees receiving an auto allowance, all income taxes are paid on the allowance and the allowance is not included in pensionable income. Employees with a auto allowance are required to use their personal vehicles when performing local City business. It is important to note that City work need is not the only reason for either assignment of take home vehicles or auto allowances. It is a practice of most local governments to provide these vehicles/allowances as terms of employment, often as integral parts of labor agreements (Police for example) and/or other employment agreements. This practice allows the City to be competitive in overall working conditions with other communities so that we can remain an employer of choice and attract quality staff. This is prominent in our Police CBA and all indications are that this CBA term has helped the Police Department to attract and retain qualified staff. You may recall a few years ago when the City was unable to fill all vacant Police positions. Boynton Beach does not have the top paid staff salaries among other Cities in the area. ALTERNATIVES: 1. Reduce or eliminate the take-home vehicle program via impact bargaining. In this scenario, employees would be provided a vehicle to use for City business during working hours but the employee would be responsible for transportation for the personal commute to and from work, regardless of the time of day or work purpose. Of course, the City could immediately eliminate take home vehicles provided to non-bargaining unit employees but I recommend that this action not be implemented until similar discussion is conducted as part of either collective or . impact bargaining for those situations bound by collective bargaining agreements. It is desirable to treat all employees equally. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ------------ , ,It" . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 2. Eliminate or reduce the auto allowance program. In this option, if an employee must travel in the City as part of their work function, or must respond to after hours needs, the City would have to provide a vehicle for this purpose in lieu of providing an auto allowance. As part of a transition to auto allowances the past several years for some employees, we have reduced our funded fleet size and reduced fleet mechanic work load and staffing. These positive actions would be reversed by elimination of auto allowances and purchasing new vehicles. Should auto allowances continue, the allowance amount must be commensurate with the type and frequency of work performed and must fairly consider increasing employee personal vehicle expenses. 3. Evaluate the transition to paying the employee the IRS mileage rate of 57 cents per mile for use of the employee's personal vehicle for non-public safety work purposes. With this option it would be necessary to determine that an employee must own and drive a vehicle to work to use for City work purposes as a condition of employment. While on the surface this appears to be a compelling option, I am concerned about our ability to mandate that an employee drive their personal vehicle to work to use for City business. This could be an unjust condition of employment and goes far beyond a simple requirement that an employee possess a valid driver's license. However, there may be circumstances where very infrequent transportation needs during the conduct of normal work demands that the mileage rate be paid the employee or a pool vehicle be provided. D~Me ~ . Ity anager signature Assistant to City Manager ~ Department Name City Attorney / Finance . S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC , [x. - CITY MANAGER'S . REPORT 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 D August 19,2008 August 4,2008 (Noon) D October21,2008 October 6,2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20,2008 (Noon) D September 9, 2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) IZI October 7,2008 September 15,2008 (Noon) D December 2, 2008 November 17,2008 (Noon) D AnnouncementslPresentations IZI City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: City Commission to appoint a member to the Fire Assessment Waiver Review Committee. . EXPLANATION: At a Public Hearing held on September 9, 2008 Resolution R08-102 was adopted establishing the rates for a new Fire Assessment Program. The City Commission recognizes that the special assessment may create a hardship on certain residential property owners in the City. Therefore, Section 6. Hardship Waivers or Deferrals, contained within the Final Rate Resolution, provides a means whereby property owners may request a total or partial waiver of the assessment through an application review process. The review process requires the establishment of a Hardship Waiver Review Committee. The Committee shall be comprised of the City Manager (or his/her designee), the City's Finance Director (or his/her designee) and a member appointed by the City Commission. Attached (Exhibit A) you will find a copy of Section 6. Hardship Waivers or Deferrals from the Resolution. This section outlines the details of the application review process along with the criteria that must be met in order to qualify for a total or partial waiver of the special assessment. A copy of the Hardship Extension Loan Program (H.E.L.P.) application and criteria are attached as well (Exhibit B). PROGRAM IMPACT: Resolution R08-102 creates and establishes a program for qualified individuals who need financial assistance to pay all or part of the Fire Assessment levied on their property or who seek deferral of payment of all or part of the Fire Assessment on their property. FISCAL IMP ACT: Resolution R08-102 states "when financial assistance is granted pursuant to the H.E.L.P. program, the City shall pay on behalf of the individual who has been granted assistance by the Committee all or part of the Fire Rescue Assessment not paid by the individual. The City Commission shall appropriate from general funds a sufficient amount to insure timely payment of an assessment when assistance is warranted." The appropriation from the General Fund cannot be determined at this time. It will depend on the number of waivers or deferrals granted. ALTERNATIVES: City Commission not appoint a member to the Hardship Waiver Review Committee. . Attachments: Exhibit A - Section 6. Hardship Waivers or Deferrals - from Final Rate Resolution R08-102 Exhibit B - Copy ofH.E.L.P. application S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . '" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . ,'t ~ .// ;1 ~ ~i: ' I' .' ~L-L . . d ;lCe, 1..<.. \.. ~!L ./...A..->' Department Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance . . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC / EXHIBIT A . 1 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. 2 (A) The City Commission of the City of Boynton Beach, Florida hereby creates 3 and establishes a program for qualified individuals who need financial assistance to pay 4 all or part of the Fire Rescue Assessment levied on their property or who seek deferral of 5 payment of all or part of the Fire Rescue Assessment on their property. 6 (8) The City's program for financial assistance shall be commonly referred to 7 as H.E.L.P., Hardship Extension Loan Program. The following types of financial 8 assistance are available, based upon need: 9 1. Relief from all payments of an annual Fire Rescue Assessment. 10 2. Relief from a.. portion of payments of an annual Fire Rescue II Assessment. . 12 3. Deferral of payments of an annual Fire Rescue Assessment. 13 4. Deferral of a portion of payments of an annual Fire Rescue 14 Assessment. ] 5 (C) The following individuals are eligible for financial assistance: ]6 1. Residential Property Owners who meet 2008 HHS Poverty 17 Guidelines. 18 2. Residential property owners that are exempt from ad valorem 19 taxation pursuant to the following Florida Statutes are eligible to apply for a Hardship 20 Waiver or Deferral: 21 a. Section 196.081, Florida Statutes (totally disabled veterans 22 and surviving spouses of veterans); 23 b. Section 196.091, Florida Statutes (disabled veterans . 7 , . '-.. . 1 confined to wheelchairs). 2 c. Section 196.101, Florida Statutes (totally and permanently 3 disabled persons). 4 3. Residential Property Owners that qualify for the additional 5 homestead exemption for persons 65 and over authorized pursuant to section 196.075, 6 Florida Statutes are also eligible to apply for the Hardship Waiver. 7 4. Residential Property Owners that are qualified under the Florida 8 Homestead Property Tax Deferral Act, Section 197.242 et aI., Florida Statutes. 9 (D) Eligible Residential Property Owners may submit an application for a 10 Hardship Waiver or Deferral, on" a form prepared by the City, with the Finance 11 Department. The Application shall include the following: 12 1. Documentation demonstrating eligibility for the Hardship Waiver or 1 3 Deferral through one of the criteria for exemptions listed in section C above; 14 2. A copy of the Tax Bill for the subject property; 15 3. Description of the facts and circumstances of the hardship. 16 (E) All Applications for the Hardship Waiver or Deferral must be received by 17 the City's Finance Department on or before November 1 of each year in order to be 18 considered for the currently billed assessment. For example, all Hardship Waiver or 19 Deferral Applications for the Fire Rescue Special Assessment for the Fiscal Year 20 commencing October 1, 2008 must be received on or before November 1, 2008. 21 Once received, all applications shall be reviewed by a Hardship Waiver Review 22 Committee. 23 1. The Committee shall be comprised of three (3) members: . 8 I /. a. City Manager, or his, or her designee; ] 2 b. City's Finance Director, or his or her designee; and 3 c. Member appointed by City Commission. 4 2. The Committee shall review the facts and circumstances to 5 determine whether a hardship exists to warrant a partial or total waiver of the special 6 assessment levied upon the applicant's real property or a deferral of payment of such. 7 3. The concurrence of a majority of the members of the Committee 8 shall be necessary to grant a partial or total, waiver or deferral of payment of the special 9 assessment. 10 4. The decision of the Committee is final. 11 (F) The Committee shall render a written decision and provide such to the . 12 applicant. 13 (8) If a partial or total waiver or deferral is granted by the Committee, the 14 Finance Director shall ensure appropriate documentation is provided to the Tax Collector 15 as to the revised amount of the assessment as to the applicant. 16 (H) An applicant may apply for a Hardship Waiver as to one property only. 17 (I) An applicant must apply for the Hardship Waiver on an annual basis. 18 (J) A deferral may be granted for no longer than the end of the then current 19 fiscal year. 20 (K) When financial assistance is granted pursuant to the H.E.L.P. program, the 21 City shall pay on behalf of the individual who has been granted assistance by the 22 Committee all or part of the Fire Rescue Assessment not paid by the individual. The City 23 Commission shall appropriate from general funds a sufficient amount to insure timely . 9 , " ~ 1 payment of an assessment when assistance is warranted. 2 SECTION 7. SEVERABILITY. If any clause, section or other part of this 3 resolution shall be held by any court of competent jurisdiction to be unconstitutional or 4 invalid, such unconstitutional or invalid part shall be considered as eliminated and in no 5 . way effecting the validity of the other provisions of this resolution. 6 SECTION 8. EFFECTIVE DATE. This Final Assessment Resolution shall take 7 effect immediately upon its passage and adoption. 8 PASSED AND ADOPTED this 9th day of September, 2008. 9 CITY OF BOYNTON BEACH, FLORIDA 10 ] I ]2 Mayor - Gerald Taylor 13 ]4 15 Vice Mayor - Jose Rodriguez 16 ,} 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner - Woodrow L. Hay 22 23 24 Commissioner - Marlene Ross 25 ATTEST: 26 27 28 Janet M. Prainito, CMC 29 City Clerk 30 31 (Corporate Seal) 10 . .r.;Xt1J.~.J.'l' ".Ij" . City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. . (Hardship Extension Loan Program) FISCAL YEAR 2008/2009 NAME: (LAST) (FIRST) SOCIAL SECURITY NUMBER: . . - ADDRESS: (STREET) (CITY) (STATE) (ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATION TO YOU: (NAME) (RELATIONSHIP) (NAME) (RELATIONSHIP) I CERTIFY THAT: (PLEASE CHECK THE APPROPRIATE BOXES) o I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE FOLLOWING CRITERIA. . o I meet the 2008 HHS Poverty Guidelines. (See back for guidelines) IF YOU MEET THE ImS POVERTY GUIDELINES, PLEASE SUBMIT WITH YOUR APPLICATION YOUR LAST (2) YEARS INCOME TAX FORMS. IF YOU DID NOT FILE INCOME TAXES FOR THE PAST (2) YEARS PLEASE SEND A COPY OF YOUR JULY AND AUGUST BANK STATEMENTS. o I am a totally disabled veteran and I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (provide copy of disability letter from government or physician) o I am the surviving spouse of a totally disabled veteran and I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from government or physician) o I am a disabled veteran confined to a wheelchair and I am exempt from ad valorem taxes pursuant to Florida Statutes SectionI96.091. (provide copy of disability letter from government or physician) o I am permanently and totally disabled and I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from government or physician) o I currently qualify for Homestead Property Tax Deferral. (You currently have an agreement with the tax collector to make installment payments on back taxes.) . PLEASE ATTACH A COpy OF yOUR MOST RECENT TAX BILL FOR TillS PROPERTY. NOTE: The City may require additional information to determine eligibility. (Please complete back of form) . Fire Assessment Application for Determination of Eligibility Page 2 "- Please explain the financial hardship that makes it difficult or impossible for you to pay this year's Fire Assessment Fee. . Under penalty of perjury, I hereby swear or affirm that information I am submitting is true and correct. Applicant's signature Date 2008 HHS Poverty Guidelines Size of Poverty Familv Unit Guideline 1 $10,410 2 $14,000 3 $17,600 4 $21,200 5 $24,800 6 $28,400 7 $32,000 8 $35,600 . For each additional person, $3,600 add Source: Federal Register, Vol. 73, No. 15, January Z3, 2008, pp. 3971-3972 PLEASE NOTE: Income used to calculate poverty status includes the following sources: wages, unemployment compensation, Social Security, Supplemental Social Security Income, public assistance, veterans' payments, survivor benefits, pension or retirement income, interest, dividends, rents, royalties, income from estates, trust, educational assistance, alimony, child support, assistance from outside the household, and other miscellaneous sources. REVIEW PROCESS: ~ Applicant submits application to City of Boynton Beach Finance Dept., P.O. Box 310, Boynton Beach FL 33425- 0310 by November 1,2008. ~ The Hardship Waiver Review Committee reviews application. This Committee is comprised of the City Manager or his designee, the Finance Director or her designee and a third member appointed by the City Commission. ~ The Committee's decision to grant a waiver or deferral must be by a majority vote of the committee. ~ Once Committee makes determination the applicant will be notified in writing of the Committee's decision. The decision of the Committee is fmal. PLEASE RETURN THE APPLICATION, ALONG WITH ANY DOCUMENTATION THAT MAY BE REQUIRED ro: tt City of Boynton Beach Financial Services Department P.O. Box 310 Boynton Beach, FL 33425-0310 -, . XII. - LEGAL - 1st Reading ITEM C.1 . CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOkM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 19,2008 August 4, 200S (Noon) o October21,2008 October 6, 2008 (Noon) 0 September 2, 200S August ]8, 200S (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September IS, 2008 September 2, 200S (Noon) o November 18,2008 November 3, 2008 (Noon) [g] October 7, 2008 September 15, 2008 (Noon) o December 2, 200S November]7,200S (Noon) 0 PuInouncementsfPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [8J Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 . RECOMMENDATION: Motion to approve amendment to Chapter 10, Section 10-24 (a) (5) as noted on page 3 of the enclosed Ordinance. (Exhibit "A") EXPLANATION: The Code Compliance Division received a complaint from a Homeowner's Association Board of Directors requesting our support in getting residents to cease the storing of their garbage containers in front of their homes. Staff explained to them our Code of Ordinances speaks to garbage containers viewed from the "City's streets," but not from privately owned streets. The Board of Directors felt that wasn't fair as they pay taxes and our Code of Ordinances should apply to everyone whether they live in communities with private or public streets. Approval of this amendment allows the City to enforce our regulations with respect to the keeping/storing of refuse containers in all neighborhoods regardless of whether the streets are public or private. PROGRAM IMP ACT: Approval of this amendment will assist those neighborhoods with private roadways by allowing Code Compliance Officers to enforce our Code helping to create a more attractive neighborhood. No additional resources are required to administer this Code amendment. FISCAL IMPACT: None ALTERNATIVES: Work with existing Code. ~ ~, ent Head's Signature Ity anager sIgnature . Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ... to ] ORDINANCE NO. 08 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-24 "SINGLE FAMILY 8 RESIDENTIAL REFUSE COLLECTION", TO PROVIDE 9 FOR LIMIT A TIONS ON THE PLACEMENT OF ]0 REFUSE CONTAINERS IN PROXIMITY TO STREETS 1 ] AND SIDEWALKS WITHIN THE CITY; PROVIDING ]2 FOR CONFLICTS, SEVERABILITY, CODIFICATION 13 AND AN EFFECTIVE DATE. 14 ]5 WHEREAS, the placement of refuse containers along rights-of-way within the City ]6 creates adverse impacts with respect to community appearance; and ]7 WHEREAS, placement of refuse containers along rights-of way can create safety ]8 issues with respect to pedestrians, bicyclists, and automobiles; and ]9 WHEREAS, the City Commission concurs with City staff s recommendation, and has 20 determined that it is in the best interest, safety and welfare of the residents and citizens of 2] Boynton Beach, that Chapter 10, "Garbage, Trash and Offensive Conditions" be amended to 22 limit the placement of refuse containers along all streets and sidewalks within the City, as set 23 forth below. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- 29 24, "Single family residential refuse collection," of the Code of Ordinances of the City of 30 Boynton Beach, be, and the same is hereby amended by adding the words and figures in S:\CA \Ordinances\Section ] 0-24 Garbage Code Revision.doc 1 . I underlined type, and by deleting the words and figures in struck-through type, as follows: 2 Sec. 10-24. Single family residential refuse collection. 3 (a) The City will collect noncontainerized residential refuse under the following 4 conditions: 5 (1) Garbage will be collected twice per week at curbside only from each single family 6 residential unit in the City provided with roll-out garbage carts. The placement of household 7 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 8 to the roadway with the expectation of collection shall be strictly prohibited. All material 9 intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 10 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the II street, but within three (3) feet of the curb or edge of pavement and shall be located a 12 minimum of three (3) feet from any obstruction that may interfere with routine collection. 13 Yard trash and combustible trash will not be collected with household garbage, but will be 14 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 15 capable of being containerized should be placed in a standard garbage can, roll-out garbage 16 cart, plastic bag, or disposable container. Collection of yard trash should be piled separately 17 from all other trash at curbside. Any mixing of household garbage, combustible, 18 noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 19 trash or combustible trash in the paved area of the street or on vacant lots is prohibited. 20 Materials classified as hazardous material will not be collected by the City. Household . 21 garbage, trash or any type of other material intended for collection, shall not be set out prior to 22 6:00 P.M. of the day proceeding the scheduled pickup. 23 (2) All garbage cans provided by the individual customer shall be subject to inspection 24 and approval by the Director of Public Works or designee at all times. A container not 25 approved by the Director of Public Works and which is set out for collection will have a 26 notice placed upon the container, handed to the owner or occupant, or left at his residence and 27 the occupant shall no longer use the container for collection. 28 (3) Special waterproof disposable refuse bags or any other containers may be used for 29 vegetative materials. When such bags or any other containers are used, the responsibility for 30 protection of either the bag or the container and the contents shall rest with the individuals 31 occupying or residing on the property. Rupture of, or damage to the bag or container, from any 32 cause which results in the scattering of refuse prior to the arrival of City collection personnel 33 will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to 34 pickup by the City. 35 (4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2) 36 cubic yards in volume at curbside within the confines of residents' or owners' side property 37 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 38 collect yard trash produced from commercial tree trimming operations, landscape and lawn 39 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, . 40 landscape contractors and operators of tree and shrubbery maintenance services shall remove 41 all trash and debris from the premises upon which they are working, including but not limited S:\CA \Ordinances\Section 10-24 Garbage Code Revision.doc 2 , EXhib'lt ~l A " . 1 ORDINANCE NO. 08 - 2 . 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10~24 "SINGLE FAMILY 8 RESIDENTIAL REFUSE COLLECTION", TO PROVIDE 9 FOR LIMITATIONS ON THE PAYMENT OF REFUSE to CONTAINERS IN PROXIMITY TO STREETS AND 11 SIDEWALKS WITHIN THE CITY; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the placement of refuse containers along rights-of-way within the City 16 creates adverse impacts with respect to community appearance; and 17 WHEREAS, placement of refuse containers along rights-of way can create safety 18 issues with respect to pedestrians, bicyclists, and automobiles; and 19 WHEREAS, the City Commission concurs with City staffs recommendation, and has 20 determined that it is in the best interest, safety and welfare of the residents and citizens of 21 Boynton Beach, that Chapter 10, "Garbage, Trash and Offensive Conditions" be amended to 22 limit the placement of refuse containers along all streets and sidewalks within the City, as set . 23 forth below. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- 29 24, "Single family residential refuse collection," of the Code of Ordinances of the City of 30 Boynton Beach, be, and the same is hereby amended by adding the words and figures in C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLK1F\Refuse Containers Revision (l )(2).doc 1 . ----- ---------- . . 1 underlined type, and by deleting the words and figures in struck-through type, as follows: . 2 Sec. 10-24. Single family residential refuse collection. 3 (a) The City will collect noncontainerized residential refuse under the following 4 conditions: 5 (I) Garbage will be collected twice per week at curbside only from each single family 6 residential unit in the City provided with roll-out garbage carts. The placement of household 7 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 8 to the roadway with the expectation of collection shall be strictly prohibited. All material 9 intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 10 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the 11 street, but within three (3) feet of the curb or edge of pavement and shall be located a 12 minimum of three (3) feet from any obstruction that may interfere with routine collection. 13 Yard trash and combustible trash will not be collected with household garbage, but will be 14 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 15 capable of being containerized should be placed in a standard garbage can, roll-out garbage 16 cart, plastic bag, or disposable container. Collection of yard trash should be piled separately 17 from all other trash at curbside. Any mixing of household garbage, combustible, 18 noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 19 trash or combustible trash in the paved area of the street or on vacant lots is prohibited. 20 Materials classified as hazardous material will not be collected by the City. Household 21 garbage, trash or any type of other material intended for collection, shall not be set out prior to 22 6 :00 P.M. of the day proceeding the scheduled pickup. 23 (2) All garbage cans provided by the individual customer shall be subject to inspection 24 and approval by the Director of Public Works or designee at all times. A container not 25 approved by the Director of Public Works and which is set out for collection will have a . 26 notice placed upon the container, handed to the owner or occupant, or left at his residence and 27 the occupant shall no longer use the container for collection. 28 (3) Special waterproof disposable refuse bags or any other containers may be used for 29 vegetative materials. When such bags or any other containers are used, the responsibility for 30 protection of either the bag or the container and the contents shall rest with the individuals 31 occupying or residing on the property. Rupture of, or damage to the bag or container, from any 32 cause which results in the scattering of refuse prior to the arrival of City collection personnel 33 will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to 34 pickup by the City. 35 (4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2) 36 cubic yards in volume at curbside within the confines of residents' or owners' side property 37 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 38 collect yard trash produced from commercial tree trimming operations, landscape and lawn 39 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 40 landscape contractors and operators of tree and shrubbery maintenance services shall remove 41 all trash and debris from the premises upon which they are working, including but not limited C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLKIF\Refuse Containers Revision (1) (2)_doc 2 . .. .l I to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. 2 Disposal of yard trash produced by commercial operations or those paid to conduct such . 3 operations shall be strictly prohibited. No yard trash shall be placed on property owned or 4 occupied by others without permission. 5 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to 6 any street, sidewalk, parkway, front yard, side yard or other place within the view of persons 7 I using ~.. Str~(l\: ~~.. ~i~(l~al~ }()(;lit<:4 _ "Y.itpin _th~<:;itY1 ~~(;(:R~ .a~pr~yi4~<:l h(:r~~tl.: _ F.'r.~~(:(;ti()!I: _ ()( ~ ,..,.. { Dele~-;he'city's -] 8 the containers placed for collection is the responsibility of the resident. '<:-,:{ Deleted: S .._.......J 9 (6) Curbside residential recycling service will be given to each residential dwelling unit Deleted: s ) 10 with the City, once a week. The City shall provide each resident with two (2) recycling bins or II carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other 12 allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy 13 paper, office grade paper, and corrugated cardboard. The bins shall be set out on the 14 designated collection day. 15 (7) The responsibility for proper placement and preparation of solid waste materials for 16 collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, 17 upon vacating or moving from any dwelling, storeroom, or any other building in the City, to 18 fail to remove all garbage, rubbish, and debris from such building and premises, and grounds 19 appurtenant thereto, or to fail to place said waste in an approved sanitary container for 20 disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this 21 requirement shall obligate the property owner of record to fulfill the responsibility of 22 compliance with this Article. 23 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead 24 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other 25 types of containers or placed loose on the ground with the expectation of having the material 26 collected by the City. These materials are not part of Single Family Residential Refuse . 27 Collection Service. The resident and/or property owner should contact the Director of Public 28 Works in order to inquire as to the proper disposal method for such materials. 29 30 Section 3. Each and every other provision of Chapter 10, not herein specifically 31 amended shall remain in full force and effect as previously enacted. 32 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 33 same are hereby repealed. 34 Section 5. Should any section or provision of this ordinance or portion hereof, any 35 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLKI F\Refuse Containers Revision (1) (2).doc 3 . . I such decision shall not affect the remainder of this ordinance. . 2 Section 6. Authority is hereby granted to codify said ordinance. 3 Section 7. This ordinance shall become effective upon adoption on Second 4 Reading. 5 FIRST READING this _ day of September, 2008. 6 SECOND, FINAL READING AND PASSAGE this day of 7 ,2005. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 ATTEST: Commissioner 22 . 23 24 City Clerk Commissioner 25 26 (CORPORA TE SEAL) 27 28 H:\1990\900 182.BB\ORDIRefuse Containers Revision (1 ).doc C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLKIF\Refuse Containers Revision (I) (2).doc 4 . . . XII. - LEGAL - 1st Reading , ITEM C.2 . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi". Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4, 2008 QNoon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 QNoon) D November 5, 2008 October 20, 2008 QNoon) D September 18, 2008 September 2, 2008 QNoon) D November 18, 2008 November 3, 2008 QNoon) [8] October 7, 2008 September 15,2008 QNoon) D December 2, 2008 November 17, 2008 QNoon) <:::) S! C")-t D Announcements/Presentations D City Manager's Report ex> ~-< CI) -('0 NATURE OF D Administrative D New Business .", (,"")." -0 AGENDA ITEM D [8] - 'W Consent Agenda Legal fTlc 0 ::0-< D Code Compliance & Legal Settlements D UnfInished Business :Do ~z (/)-4 D Public Hearing D :x 0 6 Oz: .,., .. "TJao N -t'!t ~;~ (..,) fT1C";) . :!C RECOMMENDATION: Motion to approve amendment to Chapter 9, Section 9-22 (c) as noted on page 2 of the enclosed Ordinance. (Exhibit "A") EXPLANATION: The approval of this amendment clarifies the language in Chapter 9 with respect to the City's ability to hold a property owner responsible for payment of unpaid inspection fees due the Fire Department/City as a result of their annual fire inspections. Current language is vague and deemed by our Legal Department to be insufficient in holding the owners of commercial property liable for unpaid fire inspection fees. Typically a property owner claims they shouldn't be held accountable for fees associated with annual fire inspections. This is especially true when a tenant has vacated a unit in a commercial building without paying the fire inspection fee and therefore "sticking" the City for the unpaid fee. Staff (Code Compliance/Fire), feel the inspection occurs for the benefit of all including the owner of the building and therefore the owner should be responsible as well for the payment of these fees. Staff also feels this was the intent when this Code was originally put in place. PROGRAM IMP ACT: Approval of this amendment will provide more consistency within Chapter 9 as property owners are currently held liable for the payment of false alarm fines as well. No additional resources will be required and revenues will be enhanced with respect to our fire inspection fee collection program. FISCAL IMP ACT: Increased revenue in fire inspection fee program. ALTERNATIVES: Work with existing Code. . ~~~~ City Manager's Signature Assistant to City Manager (~ ~ S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC . , . I ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 9-22 OF CHAPTER 9, 5 "FIRE PROTECTION AND PREVENTION," TO 6 PROVIDE FOR INDIVIDUALS AND ENTITIES WHO 7 ARE RESPONSIBLE FOR PAYMENT OF FIRE AND 8 SAFETY INSPECTION SERVICES; PROVIDING FOR 9 ENFORCEMENT; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined 14 that it is necessary to amend Section 9-22 of Chapter 9 of the City's Code of Ordinances to 15 further identify the individuals and entities who will be responsible for the payment of the fire 16 safety inspection fee; and, 17 WHEREAS, the City Commission has determined that it is in the best interests of the 18 esidents and citizens of the City of Boynton Beach to amend Section 9-22 of Chapter 9 of the 19 ode of Ordinances to further identify the individuals and entities who will be responsible for 20 he payment of the fire safety and inspection fee. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 eing true and correct and are hereby made a specific part of this Ordinance upon adoption 26 27 Section 2. Chapter 9, "Fire Protection and Prevention", Article II "Fire Codes and 28 ees" is hereby amended as follows: 29 30 II. Fire Codes and Fees 31 Page 1 ____m____.__ - - --- -- ----------...- . 1 . I (d) In the event the annual fire and safety inspection fee is not paid, the City may 2 enforce the non-compliance with this section by sending a notice of violation to the industrial 3 property owner, commercial property owner, business owner, or owner of the multi-family 4 residential dwelling, and then proceeding to the Code Compliance Board due to the 5 responsible parties failure to pay the annual fire and safety inspection fee. 6 (e) Water/hydrant flow test: $300. 7 -Will Facilities requiring more than one (1) inspection per year, excluding 8 reinspections, shall be charged 50% of the original fee but not less than $35. 9 I fB{g} Nothing in this section shall be applied to governmental entities. 10 11 Section 3. Should any section or provision of this ordinance or portion hereof, any 12 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 13 such decision shall not affect the remainder of this ordinance. 14 Section 4. Authority is hereby granted to codify said ordinance. 15 16 Section 5. This ordinance shall become effective immediately upon passage. . 17 18 FIRST READING this _ day of ,2008. 19 20 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 21 . Page 4 . , 1 SECOND, FINAL READING AND PASSAGE this day of - 2 ~ 2008. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 ATTEST: Commissioner - Woodrow L. Hay 17 18 19 Janet Prainito, City Clerk Commissioner - Marlene Ross 20 21 22 23 (CORPORA TE SEAL) 24 25 Page 5 E )( ~~l b'11 ~~ AU 1 ORDINANCE NO. 08- . 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 9-22 OF CHAPTER 9, 5 "FIRE PROTECTION AND PREVENTION," TO 6 PROVIDE FOR INDIVIDUALS AND ENTITIES WHO 7 ARE RESPONSIBLE FOR PAYMENT OF FIRE AND 8 SAFETY INSPECTION SERVICES; PROVIDING FOR 9 ENFORCEMENT; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION, AND AN II EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined 14 that it is necessary to amend Section 9-22 of Chapter 9 of the City's Code of Ordinances to 15 further identify the individuals and entities who will be responsible for the payment of the fire 16 safety inspection fee; and, 17 WHEREAS, the City Commission has determined that it is in the best interests of the 18 residents and citizens of the City of Boynton Beach to amend Section 9-22 of Chapter 9 of the 19 Code of Ordinances to further identify the individuals and entities who will be responsible for 20 the payment of the fire safety and inspection fee. . 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Ordinance upon adoption 26 hereof. 27 Section 2. Chapter 9, "Fire Protection and Prevention", Article II "Fire Codes and 28 Fees" is hereby amended as follows: 29 30 Art. II. Fire Codes and Fees 31 Page I . . I .. . . 2 3 Sec. 9-22. Fire inspection fees. 4 I ) A fI . h $ fI h 11 b I . d 11 +------- Formatted: Justified Indent: First (a ee m t e amount of .060 per square oot s a e eVle on a new line: os' ' 5 construction, alterations, or additions in the city. This fee shall encompass plan review and 6 necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The 7 City Manager is authorized to waive the fee for all city buildings and events. 8 (b) The following permit fees for fire protection systems are required: (1) Fire detection and annunciation systems: .__-----{ Formatted: Justified ] 9 10 a. Less than 5,000 sq. ft. $35; 11 b. Or h 5000 ft $50 I $10 fi hI 000 dd" 1.------- Formatted: Justified,Indent: Left: eater tan, sq.. , p us or eac , a luona 1", First line: 0.5" 12 square feet over 5,000. (2) Fixed fire suppression systems $35 per hour, $35 minimum. ._------{ Formatted: Justified ) 13 14 (3) Hazardous, flammable or explosive materials: $35. 15 (4) The plan review fee shall be four (4) times that specified in this table,+-------l ~rmatted: Justified, Indent: Left: ] 16 should commence prior to the fire plan review and approval as required by the 17 Fire Marshal. 18 (5) Change of plans: $35. 19 (6) The following inspection fees are required: reinspection fee, due to 20 violation, incompletion, lack of accessibility, or deviation from approved plan. 21 Following the initial inspection, one (1) reinspection for compliance will be . 22 included in the original fee. If additional reinspections are necessary due to the 23 above criteria, reinspection fees will be required. Second reinspection due to violation: $50. +-_-----{ Formatted: Justified ) 24 a. 25 b. S d' . d . l' I k f 'bT +------- Formatted: Justified Indent. Left' econ remSpectlOn ue to mcomp etlOn, ac 0 aCCeSSl llty, or 1", First line: 0.5'" ., 26 deviation from approved plan: $100. Third and subsequent reinspection(s): $150. .__-----{ Formatted: Justified ) 27 c. 28 (c) Annual inspection fees. There is hereby established a fee structure for annual+------- ~~;~~~: Justified, Indent: First 29 fire and safety inspection activity conducted by the Fire and Life Safety Division for 30 commercial enterprises and multi- family dwellings. The owner of each industrial property, 31 commercial property, industrial enterprise, commercial enterprise, business, or multi-family 32 dwelling operating from a location within the city shall be responsible to insure that the ___ - { Deleted: charged an J 33 ..a.nnua1 :f1.r~_ ~1!c! _ s~X<::!Y _in~r~_~~t()n _ f~_~ _~~_ ~~! _ f9.r:t.J:l_ ~~! 9.~ _ i~_ r>.aj c!.in _ ~_ ~i~~!)' }n?:'1]n~:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Page 2 . 1 (I) Non-residential, (includes all retail, mercantile, business office,....------ Formatted: Justified, Indent: Left: . 2 industrial, storage occupancies, assembly), healthcare, institutional, residential 1" 3 board and care, and residential structures that are required to have business tax 4 receipt but not including restaurants, cafes, and public eating places. ...-- Formatted: Justified, Indent: Left: 5 a. First 1,000 sq. feet: $50. 1", First line: OS' 6 b. Each additiona11,000 sq. feet: $8.00. 7 c. Tents, canopies and temporary structures: $35. 8 d. Churches up to 10,000 square feet: $45. 9 e. Churches over 10,000 square feet: $45 plus $8 for each additional 10 1,000 square feet over 10,000. II I (2) Multi-family building (includes hotels, apartments, o e at' ....------ Formatted: Justified, Indent: Left: co p rIves, 1" 12 condominiums, and boarding houses renting furnished or unfurnished rooms or 13 apartments). ....... -~- Formatted: Justified, Indent: Left: 14 a. Three to 24 units: $50. 1 ", First line: OS' 15 b. Twenty-five to 38 units: $75. 16 c. Thirty-nine units to 100 units: $100. 17 d. Each unit over 100 is $10 additional. -- Formatted: Justified, Indent: Left: 18 (3) Restaurants, cafes and public eating places: +-- 1" ..-~-- -- Formatted: Justified, Indent: Left: 19 a. Seating capacity up to 15: $35. 1", First line: OS' . 20 b. Seating capacity from 16 to 50: $50. 21 c. Seating capacity from 51 to 100: $100. 22 d. Seating capacity over 100: $200. <4--;- Formatted: Justified, Indent: Left: 23 (4) Educational: 1" ...--- Formatted: Justified, Indent: Left: 24 a. Nursery day care: $35. 1", First line: OS' 25 b. All others: $75. 26 (5) All others not classified above: $50. 27 (6) Businesses or professional individuals sharing one office suite or bay 28 shall be charged only one fire inspection fee. 29 I (7) The fees established in division (c), (d), and (e) shall accrue annually. Page 3 . . I (d) In the event the mmual fire and safety inspection fee is not paid, the City may.------- Formatted: Justified, Indent: First 2 enforce the non-compliance with this section by sending a notice of violation to the industrial line: 0.5" 3 propertv owner, commercial propertY owner, business owner, or owner of the mu1ti-fami1v 4 residential dwelling, and then proceeding to the Code Compliance Board due to the 5 responsible parties failure to pay the annual fire and safety inspection fee. (e) Water/hydrant flow test: $300. .._------{ Formatted: Justified 1 6 7 ill_ _ _ _ _ _ X_~~_@j~~ _ _ !_~qllj!"!~K _ _ ~5?!~ _ _ !h~~ _ _ ~~(: __ J!)_ _ _ ~Il_~p~~ti~Il_ _ _P.~!_ _ Y~~!1_ - -~~-<?! ~~j~g -' -- _---{ Deleted: (e) 1 8 reinspections, shall be charged 50% of the original fee but not less than $35. 9 I W_ _ _ _ tJ"~!hiflg }}!_ !hi_~ _ ~e_crt()fl_ ~h~J! _ ~~_ ~1?p.l~(:~ _~<!_g()Y.'~T:I!!'!'!(:~!~l_ ~flrt!~~~._ _ _ _ _ _ n_ - - - - - - - -- - - - - - -- / /{ Deleted: (I) J 10 II 12 Section 3. Should any section or provision of this ordinance or portion hereof, any 13 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 14 such decision shall not affect the remainder of this ordinance. 15 Section 4. Authority is hereby granted to codify said ordinance. 16 17 Section 5. This ordinance shall become effective immediately upon passage. 18 19 FIRST READING this _ day of ,2008. 20 21 SECOND, FINAL READING AND PASSAGE this - day of 22 , 2008. 23 . 24 CITY OF BOYNTON BEACH, FLORIDA 25 26 27 Mayor - Jerry Taylor 28 29 30 Vice Mayor - Jose Rodriguez 31 32 33 Commissioner - Ronald Weiland 34 35 36 ATTEST: Commissioner - Woodrow L. Hay 37 38 Page 4 . I Janet Prainito, City Clerk Commissioner - Marlene Ross . 2 3 (CORPORATE SEAL) 4 5 6 H:I1990\900182.BBIORDIFire Inspection Fee Recovery Sept 2008 (I).doc . Page 5 . f . I . . . 2 3 Sec. 9-22. Fire inspection fees. 4 I (a) A fee in the amount of $.060 per square foot shall be levied on all new 5 construction, alterations, or additions in the city. This fee shall encompass plan review and 6 necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The 7 City Manager is authorized to waive the fee for all city buildings and events. 8 (b) The following permit fees for fire protection systems are required: 9 (1) Fire detection and annunciation systems: ]0 a. Less than 5,000 sq. ft. $35; 11 b. Greater than 5,000 sq. ft. $50, plus $10 for each 1,000 additional 12 square feet over 5,000. 13 (2) Fixed fire suppression systems $35 per hour, $35 minimum. ]4 (3) Hazardous, flammable or explosive materials: $35. 15 (4) The plan review fee shall be four (4) times that specified in this table, 16 should commence prior to the fire plan review and approval as required by the . 17 Fire Marshal. 18 (5) Change of plans: $35. 19 (6) The following inspection fees are required: reinspection fee, due to 20 violation, incompletion, lack of accessibility, or deviation from approved plan. 2] Following the initial inspection, one (1) reinspection for compliance will be 22 included in the original fee. If additional reinspections are necessary due to the 23 above criteria, reinspection fees will be required. 24 a. Second reinspection due to violation: $50. 25 b. Second reinspection due to incompletion, lack of accessibility, or 26 deviation from approved plan: $100. 27 c. Third and subsequent reinspection(s): $150. 28 (c) Annual inspection fees. There is hereby established a fee structure for annual 29 Ire and safety inspection activity conducted by the Fire and Life Safety Division for 30 ommercial enterprises and multi- family dwellings. The owner of each industrial property, 31 ommercial property, industrial enterprise, commercial enterprise, business, or multi-family 32 welling operating from a location within the city shall be responsible to insure that the 33 annual fire and safety inspection fee as set forth below is paid in a timely manner: . Page 2 , I I (1) Non-residential, (includes all retail, mercantile, business office, 2 industrial, storage occupancies, assembly), healthcare, institutional, residential 3 board and care, and residential structures that are required to have business tax 4 receipt but not including restaurants, cafes, and public eating places. 5 a. First 1,000 sq. feet: $50. 6 b. Each additional 1,000 sq. feet: $8.00. 7 c. Tents, canopies and temporary structures: $35. 8 d. Churches up to 10,000 square feet: $45. 9 e. Churches over 10,000 square feet: $45 plus $8 for each additional 10 1,000 square feet over 10,000. 1 ] I (2) Multi-family building (includes hotels, apartments, cooperatives, 12 condominiums, and boarding houses renting furnished or unfurnished rooms or 13 apartments) . 14 a. Three to 24 units: $50. 15 b. Twenty-five to 38 units: $75. ]6 c. Thirty-nine units to 100 units: $100. 17 d. Each unit over 100 is $10 additional. 18 (3) Restaurants, cafes and public eating places: 19 a. Seating capacity up to 15: $35. 20 b. Seating capacity from 16 to 50: $50. 21 c. Seating capacity from 51 to 100: $100. 22 d. Seating capacity over 100: $200. 23 (4) Educational: 24 a. Nursery day care: $35. 25 b. All others: $75. 26 (5) All others not classified above: $50. 27 (6) Businesses or professional individuals sharing one office suite or bay 28 shall be charged only one fire inspection fee. 29 I (7) The fees established in division (c), (d), and (e) shall accrue annually. Page 3 , , XIII-UNFINISHED BUSINESS ITEM A. CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4,2008 QNoon) D October 21,2008 October 6,2008 QNoon) D September 2, 2008 August 18, 2008 QNoon) D November 5, 2008 October 20,2008 QNoon) D September 18,2008 September 2, 2008 QNoon) D November 18,2008 November 3, 2008 QNoon) [8] October 7, 2008 September 15,2008 QNoon) D December 2, 2008 November 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements [8] Unfinished Business D Public Hearing D RECOMMENDATION: Approve by Resolution No. 08-_ and Agreement between the City of Boynton Beach and the . Boynton Beach Community Redevelopment Agency for return of ownership of the Old High School back to the City of Boynton Beach EXPLANATION: On October 5, 2005, the City Commission approved the transfer of ownership ofthe Old High School to the CRA for restoration and rehabilitation (Exhibit "A"). The previous agreement effectuated the transfer of ownership of the School building from the City to the CRA, subject to a right of reverter in favor of the City. Per Section Nine of the agreement, reversion of ownership to the City occurs if deadlines in the agreement are not met by the CRA or if the CRA fails to meet its goals of maintenance, restoration and redevelopment. This agreement and resolution came before the Commission previously at the May 6, 2008 City Commission meeting, (Exhibit "B") at which time there was a motion to deny the CRA board request to transfer the property to the City of Boynton Beach and that the property remain within the CRA confines until October I st, when it would be reconsidered. The motion was seconded and passed 4-1. This item is being placed on the first meeting of October per the direction of the City Commission. The situation is complicated by the fact that the CRA is not moving forward with the Downtown Master Plan as City Staff anticipated. This was cut from the CRA budget. The planning work would provide better context to the function of the Old High School. PROGRAM IMPACT: Transfer places control of the Old High School and any decision regarding reuse or demolition back under control of the City Commission. City Staff had brought forward a recommendation at the August 5, 1997 City Commission meeting to approve the demolition of the Old High School. Due to the estimated costs of repairs, restoration and bringing the building up to building code and ADA standards, staff felt that demolition was the best, most cost effective alternative. After some discussion by the City Commission, it was decided to delete the item from the agenda. (Exhibit "C") FISCAL IMPACT: The CIP currently has $625,000 budgeted in the FY 08/09 budget for demolition costs. As of May 5, 2008, the quote for insuring the Old High School under the city's property insurance policy would be $21,670. The CRA . spent $19,663 in FY 06/07 and $20,220 in FY 07/08 for minimal maintenance for the building. Combined insurance costs and annual maintenance could cost approximately $50,000 per year. (Exhibit "D") S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC i , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . ALTERNATIVES: 1.) Not to return ownership of the Old High School back to the City of Boynton Beach and have the CRA continue to pay annual insurance and maintenance. 2.) Return ownership to the City for the purpose of demolition of the building. 3.) Return ownership to the City and have the City pay annual insurance and maintenance. ~ ~ Departmen City Manager's Signature Assistant to City Manager uYvL--- City Manager's Office Department Name City Attorney / Finance . . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . . I 2 RESOLUTION NO. R08- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY FOR CONVEYANCE OF 10 THE OLD HIGH SCHOOL BACK TO THE CITY OF II BOYNTON BEACH; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, on October 5, 2005, the City Commission of the City of Boynton Beach 16 approved and authorized an Agreement for the City to transfer ownership of the Old High School 17 to the CRA for maintenance, restoration and redevelopment; and 18 WHEREAS, the parties to the previous agreement desire to return ownership of the Old . 19 High School to the City of Boynton Beach; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation 21 of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton 22 Beach to approve the Agreement between the City of Boynton Beach and Boynton Beach 23 Community Redevelopment Agency returning ownership of the Old High School building from 24 the CRA to the City. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby . 30 approve the Agreement between the City of Boynton Beach and the Boynton Beach Community S:\CA\RESO\AgreementSllnterlocal~ILA with CRA (Old High School return to City).doc . I Redevelopment Agency returning ownership of the Old High School building to the Cit)j 2 Boynton Beach, a copy of said Agreement is attached hereto as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of ,2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 (Corporate Seal) 31 32 S:\CA\RESO\Agreement;\lnterlocaIMLA with CRA (Old High School return to City).doc , . AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") RESCINDING THE PREVIOUS AGREEMENT.REGARDING THE OLD HIGH SCHOOL This Agreement (hereinafter "Agreement") is made the , day of 2008, between the CITY OF BOYNTON BEACH, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. RECITALS WHEREAS, on October 5, 2005, the CITY and CRA entered into an Agreement . transferring ownership of the Old High School ("School") to the CRA for restoration of the School; and WHEREAS, the City and eRA agree that the purpose and intent of the prior agreement is no longer feasible. The parties agree to rescind the prior agreement and release each other from the obligations stated therein; and WHEREAS, the CRA shall transfer sole ownership and control of the School back to the City and will be relieved of any responsibility for the maintenance, adaptive re-use, insurance, leasing and redevelopment of the School. NOW, THEREFORE, it is agreed and understood by and between the parties hereto as follows: . S:\CA\CRA\Old high school agmt revert to City.doc 1 . . SECTION ONE - AFFIRMATIONS 1.1 The foregoing "whereas" clauses are true and correct and incorporated herein by reference. SECTION TWO - TRANSFER OF OWNERSHIP 2.1 The eRA shall execute a special warranty deed, attached hereto as Exhibit A, in favor of the City within 30 days of the execution of this Agreement. 2.2 The special warranty deed will transfer in fee simple all rights, title and ownership in the School back to the City. SECTION THREE - CONSIDERATION 3.1 The CRA will transfer ownership of the School back to the City for the amount of $1 0.00 and other valuable consideration as set forth herein. . SECTION FOUR - APPLICABLE LAW 4.1 This Agreement shall be construed in accordance with the laws of the State of Florida. SECTION FIVE - VENUE 5.1 Each of the parties hereto are authorized to enforce the terms of this Agreement in a court of law in Palm Beach County, Florida, and may seek all remedies available at law and in equity. The prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees, including fees incurred through any appeals. SECTION SIX - VALIDITY 6.1 In the event anyone or more of the provisions contained in this Agreement is for any reason held invalid, illegal or unenforceable in any respect, such invalidity or illegality or unenforceability will not affect any other provision hereof and this Agreement will be . S:\CA\CRA\Old high school agmt revert to City.doc 2 . . construed as if the invalid, illegal or unenforceable provision had never been contained herein. SECTION SEVEN - ENTIRE AGREEMENT 7.1 This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are superseded by this Agreement. Any amendment of this Agreement must be reduced to writing and executed with the same formality by both parties. SECTION EIGHT - RECORDATION 8.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. SECTION NINE - BINDING AUTHORITY 9.1 Each party hereby represents and warrants to the other that each party executing this . Agreement on behalf of the CITY and CRA or any representative in that capacity, as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing this Agreement. SECTION TEN - EFFECTIVE DATE 10.1 This Agreement shall become effective on the date last signed by the parties. BOYNTON BEACH COMMUNITY CITY OF BOYNTON BEACH REDEVELOPMENT AGENCY By: By: Jerry Taylor, Mayor Jerry Taylor, Chair ATTEST: By: City Clerk . S:\CA\CRA\Old high school agmt revert to City.doc 3 . This Instrument Prepared By and Retum to: . James A. Cherof, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale. Florida 33308 Property Appraisers ID #:08-43-45-28-05-014-0020 SPECIAL WARRANTY DEED (Corporation) This Special Warranty Deed is executed this day of May, 2008, by Boynton Beach Community Redevelopment Agency (eRA), a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33435, hereinafter called the Grantor, to City of Boynton Beach, a Florida municipal corporation, and having its principal place of business at 100 East Boynton Beach, Boynton Beach, Florida 33435, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth, That the Grantor, for and in consideration of the sum of $10.00, in hand paid by the . said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County of PALM BEACH, State of Florida, to-wit: SEE A TT ACHED EXHIBIT" A" A TT ACHED HERETO THIS SPECIAL WARRANTY DEED HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE EXAMINATION Subject to easements, restrictions, reservations, and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simple forever. And the said Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of those persons claiming by, through or under Grantor, but not otherwise. . . . In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY A Florida Public Body Corporate and Politic By: Its: Chair Signed, sealed and delivered in presence of: (Signature of first witness) (Printed name of first witness) . (Signature of second witness) (Printed name of second witness) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this May -' 2008 by , who has acknowledged himself to be the Chair of the Boynton Beach Community Redevelopment Agency, a Florida Public Body Corporate and Politic, who is personally known to me or has produced as identification Signature of Notary Printed Name of Notary My Commission Expires: My Commission Number: . . EXHIBIT "A" . LEGAL DESCRIPTION A parcel of land, being a portion of Lots 4 and 5, Block 14, SW A YER'S ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the southeast corner of Lot 1, Block 14, SAWYER'S ADDITION TO THE TO\VN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Florida; thence N 890 53' 21" W, along the South line of said Block 14, for a distance of 316.82 feet to the POINT OF BEGINNING; said South line of Block 14 being coincident with the North right-of- way line of Ocean A venue as shown on said plat; thence continue N 890 53' 21" W, along said North right-of-way line of Ocean Avenue for a distance of 168.12 feet to a point; thence N 01044' 07" W, parallel to the East line of said Block 14, for a distance of 229.64 feet to a point; thence N 890 52' 50" E, for a distance of 168.1 0 feet to a point; thence S 01044' 07" E, parallel to the East line of said Block 14, for a distance of230.31 feet to the POINT OF BEGINNING. Said lands situate within the City of Boynton Beach, Palm Beach County, Florida. Containing 0.89 acres of land more or less. . SUBJECT to an ingress, egress, parking and building structure easement over the North 20 feet thereof; and over the South 209.64 feet of the West 15 feet thereof; and over the South 65 feet of the East 10 feet thereof, and over the South 30 feet of the West 20 feet of the East 30 feet thereof. Further SUBJECT to the use of the existing concrete slab for air-conditioning equipment and associated electrical control panel located along the east side of the existing building structure which services the adjacent elementary school museum building located to the east of this subject property. . , EXHIBIT "All CITY CLERK'S OFFICE MEMORANDUM TO: Doug Hutchinson CRA Director FROM: Janet M. Prainito City Clerk DATE: October 7, 2005 RE: ROS-172 - Interlocal Agreement Between the City and eRA for the Old High School Project Attached is the original, partially executed contract described above that was approved by the City Commission at their regular meeting on October 5, 2005. Please secure the necessary signatures. Once the documents have been fully executed, please return the . original document to this office for our Central Files. Thank you. . ~Yn, , p~ Attachments . S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2005\Doug Hutchinson - Agreement for Old High School Project. doc , 1 2 RESOLUTION NO. R05- 11.~ 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY FOR CONVEYANCE 10 AND REHABILITATION OF THE OLD HIGH SCHOOL; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on March I, 2005, the City Commission of the City of Boynton Beach , voted to approve the restoration of the Old High School; and 15 I I 16 ! WHEREAS, the City has determined that it is in the public interest to transfer the Old ] 71! High School to the CRA for the maintenance, restoration and redevelopment thereof; and i 18 I WHEREAS, the CRA will be solely responsible for the for the maintenance, adaptive 19 re-use, insurance, leasing and redevelopment of the Old High School; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 22 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 23 Boynton Beach Community Redevelopment Agency conveying ownership of the Old High 24 School building from the City to the CRA. 25 NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does S:\C'A\RESO\Agreements\Interlocals\ILA with eRA (Old High School).doc , . 1 I hereby approve the Agreement between the City of Boynton Beach and the Boynton Beach 2 Community Redevelopment Agency conveying ownership of the Old High School building to 3 the CRA for maintenance, restoration and redevelopment, a copy of said Agreement is 4 attached hereto as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon passage, 6 PASSED AND ADOPTED this ~ day of OCTOber ,2005. 7 8 CITY OF BOYNTON B_EACH, FLORIDA 9 --<\ 10 11 12 13 14 15 . 16 17 -. 18 ... 19 , __.....0,,/ . ,.' / 20 ~TSioner~- 21 22 CorrurriSS~ 23 24 ATTEST: 25 ~ 26 27 2 29 30 31 32 , . S:\CA\RESO\Agreements\lnterlocals\lI.A \\'ilh eRA (Old HIgh School}.doc , E)(h.biT H R05 - tf~ AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND THE . BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") This Agreement (hereinafter "Agreement") is made the 5Th , day of CCTober 2005, between the CITY OF BOYNTON BEACH, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. RECITALS WHEREAS, Section 163.380, Florida Statutes, authorizes the City to transfer real property or any interest therein acquired by it for community redevelopment in a community redevelopment area, as it deems necessary or desirable to assist in preventing . the development or spread of future slums or blighted areas or to otherwise carry out the purposes of Section 163, Florida Statutes; and WHEREAS, on March 1,2005, the CITY Commission voted 4-1 to approve the restoration of the Old High School ("School") and to authorize the CRA to return to the CITY Commission with the formal documents by April 5, 2005; and WHEREAS, the City has determined that it is in the public interest to transfer the School to the CRA for the prevention of the development or spread of future slums or blighted areas; and WHEREAS, the CRA will take sole ownership and control of the School and will be solely responsible for the maintenance, adaptive re-use, insurance, leasing and redevelopment of the School. . S:\CA\CRA\Old high sdloOl agmt revised 9-23-05 - c1ean.doq . NOW, THEREFORE, it is agreed and understood by and between the parties hereto as follows: SECTION ONE - TRANSFER OF OWNERSHIP 1.1 The City will execute a special warranty deed, attached hereto as Exhibit A, in favor of the CRA within 30 days of the execution of this Agreement. 1.2 The special warranty deed will transfer in fee simple all rights, title and ownership in the School to the CRA subject to a reversionary interest in favor of the City. The reversionary interest shall provide for automatic reversion of the property to the City on written notice that any condition subsequent set forth in this Agreement has not occurred. . 1.3 If eRA is no longer willing or able to comply with the requirements as set forth , within this Agreement, CRA will notify City in writing, and City will exercise its right to automatic reversion within 30 days of receipt of written notice. If the City chooses not to exercise its right to automatic reversion, the School, including the grounds, become the property of the eRA free and clear of any obligations within this Agreement. SECTION TWO - DEFINITION OF SCHOOL 2.1 The Old High School ("School") property will include the building at the building's footprint only. The City will provide ingress and egress across City . property to the School. S:\CA\CRA\Old high school agmt revised 9-23-05 - clean.do2 SECTION THREE - CONSIDERATION . 3.1 The City will transfer ownership of the School to the CRA for the amount of $10.00 and other valuable consideration as set forth herein. SECTION FOUR - CONTROL 4.1 After the transfer of ownership from the City to the CRA, the CRA will be solely responsible for maintaining, controlling, adaptive re-use, leasing, insuring, redeveloping and adapting the School to its future uses. The eRA shall create A Building's Use Allocation Plan and Restoration Phasing Plan (the "Plan"), including a parking element addressing the provision of necessary parking for operation of the adaptive re-use of the School, which shall be contained in a Master Project Plan that shall be presented to the City Commission for approval. The Plan shall be submitted to the City for approval no later than 90 days from the . effective date of this Agreement (Condition Subsequent #1). The Plan shall include Proposed Partnership Agreements with the Boynton Cultural Centre, Inc. and/or other primary users. Subsequent proposed amendments to the Plan must be presented to the City Commission for approval. SECTION FIVE - PHASING PLAN FOR RESTORATION AND REDEVELOPMENT OF THE SCHOOL 5.1 The School will be adaptively re-used and redeveloped in accordance with the Secretary of Interior's Historic Presentation Standards (36 CFR 68) and as defined in the CRA Project Plan. The School wiII be placed in usage in sections or phases to allow for initial operations to begin as quickly as possible. . S:\CA\CRA\Old high school agmt revised 9-23-05 - c1ean.dog . SECTION SIX - RESPONSIBILITIES OF THE CRA 6.1 The CRA shall maintain the School's interior and exterior in an acceptable, clean, safe and neat manner. The grounds of the School will be maintained by the City unless improvements to the grounds are made by the CRA, and in that case, the CRA will maintain those particular improvements on the grounds, unless otherwise agreed to by the parties. 6.2 The CRA shall begin Phase I adaptive re-use no later than nine (9) months after Plan approval (Condition Subsequent #2). SECTION SEVEN - FUNDING 7.1 The CRA will raise and/or budget $50,000 during the fiscal year during which this Agreement is executed (Condition Subsequent #3). The purpose of these . funds will be: a. Acquire building and site from City. b. Develop partnership agreements with other entities and establish a Project Team to guide the project completion. c. Develop and manage a Request for Qualifications to secure a Restoration Architect and other needed specialists. d. Develop a Project Plan defining the building use layout, space allocation, phasing/budgeting and adaptive re-use construction phasing schedule. e. Submit Project Plan for City Commission approval. f. Execute a grant funding strategy and complete funding requests. g. Bid adaptive re-use construction. . h. Phase I Renovation and adaptive re-use commences. S:\CA\CRA\Old high school agmt revised 9-23-05 - c1ean.d~ 7.2 The CRA will raise and/or budget $700,000 during fiscal year 2005-2006 . (Condition Subsequent #4). 7.3 The CRA will raise and/or budget $1,250,000 in fiscal year 2006-2007 (Condition Subsequent #5). 7.4 The CRA will not rely upon the City for funding for the School project. 7.5 This Agreement shall not be viewed as a commitment to budget funds beyond the current budget year, but failure to budget shall be grounds for reverter to the City. SECTION EIGHT - REPORTING REQUIREMENTS 8.1 As a condition of the transfer of ownership of the School to the CRA, the CRA will be required to prepare and submit semi-annual reports to the City, beginning six (6) months from the effective date of this Agreement (Condition Subsequent #6). . 8.2 The semi-annual reports will be submitted by the Director of the CRA to the Mayor and Commission of the City, and will contain all pertinent information with regard to the status of the adaptive re-use and redevelopment of the School, including but not limited to: financial reports, restoration status, leasing status, and redevelopment status. SECTION NINE - REVERTER 9.1 If the CRA fails to meet these deadlines as set forth above, upon written notice, the School will automatically revert back to the City, unless the CRA and the City agree in writing to amend this Agreement and extend the deadlines for an amount of time at least equal to the delays caused by extenuating circumstances. If the CRA fails to meet its goals of maintenance, restoration and redevelopment of the School in the time frames set . S:\CA\CRA\Old high school agmt revised 9-23-05 - dean.do5 ----------..---- . forth herein, and no agreement for extension is reached, the property will revert to the City upon written notice. SECTION TEN - NOTICES 10.1 Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) days after posting by U.S. Mail, certified or registered, postage prepaid or one (1) day after delivery to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard . Boynton Beach, Florida 33425 Attention: Kurt Bressner, City Manager With a copy to: James A. Cherof, City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 If the CRA: Boynton Beach Community Redevelopment Agency 639 E. Ocean A venue, Suite 107 Boynton Beach, Florida 33435 Attention: Douglas C. Hutchinson, Director . S:\CA\CRA\Old high school agmt revised 9-23-05 - c1ean.d<>6 With a copy to: Kenneth G. SpiIlias, Esquire . Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 SECTION ELEVEN - APPLICABLE LAW ILl This Agreement shall be construed in accordance with the laws of the State of Florida. SECTION TWELVE - VENUE 12.1 Each of the parties hereto are authorized to enforce the terms of this Agreement in a court of law in Palm Beach County, Florida, and may seek all remedies available at law and in equity. The prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees, including fees incurred through . any appeals. SECTION THIRTEEN - VALIDITY 13.1 In the event anyone or more of the provisions contained in this Agreement is for any reason held invalid, illegal or unenforceable in any respect, such invalidity or illegality or unenforceability will not affect any other provision hereof and this Agreement will be construed as if the invalid, illegal or unenforceable provision had never been contained herein. SECTION FOURTEEN - ENTIRE AGREEMENT 14.1 This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are superseded by this Agreement. . S:\CA\CRA\Old high school agmt revised 9-23-05 - clean. doer . Any amendment of this Agreement must be reduced to writing and executed with the same formality by both parties. SECTION FIFTEEN - RECORDATION 15.1 This Agreement shall be recorded in the Public Records of Palm Beach County, Florida. SECTION SIXTEEN - INDEMNIFICATION AND INSURANCE 16.1Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and the CRA agree to indemnify and hold harmless the each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CRA or the CITY, or either parties' agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this . Agreement, that result from CRA's or CITY's or any contractor'(s)negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. 16.2 CRA shall maintain at its own cost and expense all insurance policies providing coverage to the Property. However, CRA shall be responsible for obtaining the following identified insurance and showing City as an additional insured: Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial . S:\CA\CRA\Old high school agmt revised 9-23-05. clean.dog Ratings must be not less than "A-Vf' in the latest edition of "Best Key Rating Guide", . published by A.M. Best Guide. Insurance shall be in force until the obligations required to be fulfilled under the terms of this Agreement are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then CRA shall furnish to City, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The CRA shall not utilize the Property pursuant to this contract unless all required insurance remains in full force and effect. Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: Property, operations, . products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits ofJiability: $1,000,000 Combined Single Limit - each occurrence $1,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate CRA shall be responsible to maintain any and all insurance necessary in an amount adequate to cover the cost of replacement of all improvements, fixtures and contents in the Property in the event of a property loss (Condition Subsequent #7). SECTION SEVENTEEN - REMEDIES 17.1 This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement will be conducted . 5:\CA\CRA\Old high school agmt revised 9-23-05 - c1ean.do9 . in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereinunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereinunder shall preclude any other or further exercise thereof. SECTION EIGHTEEN - INTERPRETATION 18.1 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. SECTION NINETEEN - BINDING AUTHORITY . 19.1 Each party hereby represents and warrants to the other that each party executing this Agreement on behalf of the CITY and eRA or any representative in that capacity, as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing this Agreement. SECTION TWENTY - EFFECTIVE DATE 20.1 This Agreement shall become effective on the date last signed by the parties. SECTION TWENTY-ONE - ANNUAL BUDGET APPROPRIATIONS 21.1 The eRA's obligations under this Agreement are contingent upon annual appropriation. . S:\CA\CRA\Old high school agmt revised 9-23-05. clean.dCfO . THE PARTIES HERETO have signed this Agreement as of the Effective Date. BOYNTONBEACHCO~ITY CITY OF BOYNTON BEACH REDEVELOPMENT AGENCY By: ~fj~ By: "" ~L ~or, ayor Jeanne Heavilin, Chair ATTEST: APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCTY SUFFICIENCY: . By: By: l" ~r-: James Cherof, Esq. City Attorney . S:\CA\CRA\Old high school agml revised 9-23-05 - ctean.d'Fl . EXHIBIT "B" XII. - LEGAL CITY OF BOYNTON BEACH ITEM 0.1 . AGENDA ITEM REQUEST FOAAl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office D April 15,2008 March 31, 2008 QNoon) D June 17, 2008 June 2, 2008 (Noon) l:8:I May 6, 2008 April 14,2008 (Noon) o July 1,2008 June 16, 2008 (Noon) D May 20, 2008 May 5, 2008 QNoon) D July 15,2008 June 30, 2008 QNoon) D June 3. 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA nON: Approve, by Resolution, an Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the return of ownership of the Old High School back to the City of . Boynton Beach. EXPLANA nON: On October 5, 2005, the City Commission approved the transfer of ownership of the Old High School to the CRA for restoration and rehabilitation. The previous agreement effectuated the transfer of ownership of the School building from the City to the CRA, subject to a right of reverter in favor of the City. The Agreement provides for reversion of ownership to the City if deadlines in the agreement are not met by the CRA or if the CRA fails to meet its goals of maintenance, restoration and redevelopment. The parties desire to transfer ownership of the Old High School back to the City of Boynton Beach. PROGRAM IMPACT: Transfer places control of the Old High School and any decision regarding reuse or demolition back under control of the City Conmission. FISCAL IMPACT: Reconveyance of the property to the City will require the City to fund maintenance expenses of the property a decision is made to rehabilitate or demolish the structure. AL TERNA TIVES: Do not approve the Agreement and the ownership of the Old High School will remain with the CRA. ... ~ ~ - Department Head's Signature City Manager's Signature Assistant to City Manager CmL- City Attorney . Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC . Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 . was just a matter of where they would get the money from. Commissioner Weiland explained if they plan cuts internally, they would not have to raise ad valorem taxes. Mr. Bressner noted this would be discussed on the May 20th agenda. The latest date the Commission could act on the matter and still allow Mr. Ducoste-Amadee to move forward with his notice cycle was May 20th, 2008. Motion Commissioner Weiland moved to deny Ordinance 08-011. Commissioner Ross seconded the motion. Mr. Bressner explained the form of the motion should be to authorize the first reading of the ordinance and if there was a desire to vote against the ordinance they would vote against the motion. Attorney Cherof explained normally the motion is framed in the positive, but it made no difference. Motion Vice Mayor Rodriguez made a substitute motion to table the matter to the next meeting. Mr. Ducoste-Amadee explained they send the renewal in July but could send it in August. . Mayor Taylor called the question on the motion to table. ~ The vote was 2-3. (Commissioners Weiland, Ross and Mayor Taylor dissenting.) Mayor Taylor held the vote on the original motion which was to deny the ordinance 08-011 ~ City Clerk Prainito called the roll. The vote was 5-0 to deny. D. Resolutions: 1. Proposed Resolution No. ROS-OSS RE: Approving the agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for conveyance of the _ fill ~I back to the City of Boynton Beach. Attorney Cherof explained this resolution would mean the City would own the property and the agreement with the CRA did not work since the CRA moved to bring it back to the City. The . cost to maintain the building was about $50K and the discussion when the CRA decided to 17 . Meeting Minutes Regular City Commission . Boynton Beach, Florida May 6, 2008 return the building to the City was for the City to determine whether they wanted to keep investing in it. Vice Chair Rodriguez felt the CRA had the resources; however, Mayor Taylor . explained it was still taxpayer's money. There was discussion the high school was part of the RFP issued by the CRA. The master plan was for the entire 16 acres. Vice Chair Rodriguez thought if it was part of the CRA and master plan, the building should remain. If it did not work out, then it could be conveyed to the City. There was discussion the action was premature. It was noted the City Commission did not budget for the balance of the fiscal year, and the CRA did. The cost to maintain the building for the remainder of the year would be about another $24K. Mayor Taylor did not see anyone coming up with money for the building. The CRA did not do anything with it, and if they do not do anything, they have to return it to the City. He did not want to continue to spend taxpayer money. Commissioner Hay agreed. He explained many promises were made and plans given and nothing materialized. The CRA and City were dumping money into a hole. Vice Chair Rodriguez explained the entire redevelopment effort included the old high school in the plan. Commissioner Ross explained the City spent a lot of money on studies and it was included in the master plan as a key part; the consultant did not exclude it. Conversely, . Commissioner Weiland spoke to developers who wanted to develop the area and indicated to him that either the Children's Museum has to go, or the high school. He announced he did not know where the money was coming from for it. There were many wealthy people around, yet nothing was raised for it. Vice Mayor Rodriguez explained the City does not have money for it and there's an RFP. He urged playing out the matter. The RFP would come before the board in October and he thought waiting until that time was reasonable. The following individuals spoke in support of the high school: Paula Melley, 120 Mariners Way, explained the building was included in the EDAW plan and the matter has been ongoing for twenty years. They should develop a public private partnership as was done with CityPlace. A condition of the redevelopment was to preserve the building. Without the City behind it, no one would invest in it. She requested waiting until the RFP was issued. Mayor Taylor explained he did not consider the building a historic building. The structure was deteriorated and it would take more than $8M to save it. Several developers who contacted him about the RFP indicated they would not want to spend the money on the building as part of their plan for the area. He did not see the building restored, nor did he see anyone putting up the money for it. . Victor Narfus, 261 North Palm Drive, explained the way the resolution was written, the purpose was to take the building from the CRA to tear it down, which would cause problems 18 . Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 . with the current RFP. He asserted there was a historical significance to the building. He explained it was the first truly integrated school in Boynton Beach and it was first an elementary school. The whole purpose was to preserve the heritage of the City. He believed the $8M figure was not the total figure. Commissioner Hay announced he took a personal tour and the building is in despicable condition. One developer was supposed to come back with a plan and never returned. He felt there were better issues to spend the funds on, and until someone showed him how it would be financed, he was not in favor of the building. There was discussion a plan wasn't put folWard because an RFP was never issued; however; Commissioner Weiland noted they were just accepting the building back, not making a decision on what to do with it. Vice Mayor Rodriguez did not see the sense in that. He asserted the City does not have the money and the CRA does. Nancy Chandler, 914 NE 7th Street, thought the City should wait a few more months for the RFP to come back. She saw Boynton Beach's landscape changing, catering to developers with 16 story buildings. Mayor Taylor reminded the public that different entities have looked at the building in the past and nothing has occurred. . Barbara Ready, 329 SW 13th Avenue, explained if the building was demolished, it would never become historic, and that most historic buildings need repair. She contended it was not beyond repair and experts said so. She explained if the City leaders would embrace saving it, maybe the developers would come back with RFPs and ideas to help pay for it. She respectfully requested it be given more time. Herb Suss, 1711 Wood Fern Drive, asked if the money was in the budget. Mr. Suss was in favor of demolishing the building. He said it would not be $8M. It would be $12M or $14M. He thought giving it a reasonable amount of time would be satisfactory but alleged it would not make a difference. Rather, it was taking good money and pouring it down the drain. He requested giving it until September. Mark Karageorge, 240A Main Boulevard, agreed the building was dilapidated and acknowledged the RFP had not been issued on that section of the master plan. In the master plan, there were guidelines and it was a choice matter whether to retain or demolish the structure. When the RFPs come back, the Commission may want to save it. There have been at least three inquiries in the last five years, and entities have run away from the project. He thought they should issue the RFP giving a short response time and then proceed from there. Vice Mayor Rodriguez agreed there have been inquiries in the past about the building, but the request had never come in as a total downtown master plan. . 19 -------------- - . Meeting Minutes Regular City Commission . Boynton Beach, Florida May 6, 2008 Mr. Karageorge clarified this is only one segment of the area. The critical part from a development standpoint was the frontage on Seacrest. He did not see the viability of saving the building because they would look at doing multiple things within the land use area. The key to the master plan is there were options, or guidelines, such as a cultural corridor. He thought this should be the last issuance of an RFP for the building. Rick Gonzales, 307 Bergan Street, West Palm Beach, congratulated the City for hiring EDAW. He was an architect, planner and historic preservationist. He agreed the building by itself did not make economic sense, but it was part of a bigger picture. He was here with someone from Ocean Ridge looking to develop the building with the two adjacent parcels. Now there are 16 acres. He explained how CityPlace was developed, which involved the Old Methodist Church. An international RFP was issued with the condition the church be restored and if it could not, to advise them about it. At the end of the process, in year 2000 CityPlace opened and the church was the heart and soul of the center. He encouraged the building remain with the CRA and be part of the redevelopment area. He distributed a photo of the Old County Courthouse which he worked on. Harvey Oyer, 800 Claremore Drive, West Palm Beach, agreed it did not make sense as a standalone project but thought it should be viewed as an investment in the community. The City was looking for economic development but they wanted to have someone come in and do . it for them. He explained, with restoration or adaptable reuses, it always has to be a cooperative, public/private effort. When the County said they were behind it, then the building was rehabilitated. Mayor Taylor asked how much the County committed to the Courthouse project. Mr. Oyer responded they committed to $18M. Mr. Oyer explained the issue was to think differently. He suggested if the City wanted to take advantage of what they have, which was a historical building that could be a cultural center and a structure that four studies identified it as the economic engine behind the downtown, then they should invest in it. He advised redevelopment has an echo effect and areas that people wanted to leave, now attracts people. He requested the City Commission, as a principal matter, rethink the project. He advised it was critical the RFP language specify the project has to be repaired otherwise they will not develop the project. He thought the City Commission should make a policy decision that was the best public policy. Mayor Taylor reiterated developers cannot develop the building without public money and the City does not have the funds. Regarding the courthouse project, its interior was fine. It was only exterior work that needed to be done. He announced the building was not the key to that area. There were other things that could be done to generate the redevelopment. Chuck Magazine, Risk Manager, explained the costs from the CRA were maintenance costs for the 2006/2007 fiscal year and were just under $20K. Currently, the insurance costs were . approximately $27K annually and in the present condition, the total cost was just under $50K annually. 20 . Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 . Commissioner Hay, while he agreed with the Chair, was willing to wait another six months since this was a major decision. He expressed they should wait no longer than October. Commissioner Weiland explained he did not think anything would happen but would vote on the prevailing side so when nothing happened he could bring it back. Mayor Taylor noted seven people did not represent the entire community. Motion Vice Mayor Rodriguez moved to deny the request from the CRA board to transfer the property to the City of Boynton Beach and it remain under the CRA's oversight. Commissioner Ross seconded. Commissioner Hay wanted a time frame included in the motion. Motion Vice Mayor Rodriguez moved to deny the request from the CRA board to transfer the property to the City of Boynton Beach and it remain under the CRA's oversight with the understanding of waiting for RFP responses anticipated in October of 2008. Commissioner Ross seconded the . motion. Motion Vice Mayor Rodriguez moved to deny the CRA board request to transfer the property to the City of Boynton Beach and that the property remain within the CRA confines until October 1st, when it would be reconsidered. Commissioner Hay seconded the motion that passed 4-1 (Mayor Taylor dissenting.) XIII. UNFINISHED BUSINESS: (Heard out of Order) Commissioner Weiland discussed Auburn Development's letter of April 1 regarding an affordable housing project in Quantum Park. The City Commission believed they could not do the project because the property was not designated in an urban infi" area. He requested the City Commission have staff work with the City Attorney to promulgate language for an ordinance or resolution to determine that the area is suitable for urban infill housing so Auburn could pursue tax credits with the State and move forward with the project. Mr. Bressner clarified there was one certification the City could not sign off on because the area that Auburn proposed to develop fell within another redevelopment area previously designated. The financing rules of the grant program required documentation that the subject property was located in the redevelopment area and they could not find it. . 21 , EXHIBIT "e" . . . Attachment C . CITY. OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fmal Form Must be Turned Meetim! Dates in to City Manasrer's Offi~ Meetin!! Dates in to City Mana!!er's Office o May 6, 1997 Apri125, 1997 (noon) o July 1, 1997 June 20. 1997 (noon) o May 20, 1997 May 9,1997 (noon) o July 15, 1997 July 3, 1997 (Thursday noon) o June 3, 1997 May 23, 1997 (noon) g August 5, 1997 July 25, 1997 (noon) o June 17, 1997 June 6, 1997 (noon) o August 19, 1997 August 8,1997 (noon) , RECOMMENDATION: A Motion to approve the demolition of the 1927 Mangrove High School Building. EXPLANATION: Studies and plans for Downtown Development do not support the renovation/remodeling of this structure for City uses. The best use of this site is possibly for exp~ded parking and green areas to support the City Hall Complex, the new Cultural Centre, and an expanded Civic Center. PROGRAM IMP ACT: The High School has a total area under roof of approximately 28,000 square feet. . ~ The building is presently being used for the following purposes: 1. Temporary Offices for Finance during IAQ Clean-up. .2. Warehouse Storage of files and records. 3. Recreation Storage 4. Police Storage 5. ARC (The Association for Retarded Citizens) 6. Dick Webber Center 7. Planning & Zoning and Code Enforcement FileslRecords for scanning. .. The building is in "useable" condition having the electrical, plumbing, and HV AC systems all working and in fair physical shape as far as the walls, floors, doors, ceilings, etc. This is nQ! to say it meets present Building, Occupancy or Life/Safety Codes or does not need major repairs. As noted in previous reports the building is structurally sound. The greatest present problem the demolition of this building would cause, would be the loss of the storage areas. Altemate space would , need to be built or leased before demolition could occur. This building was also planned for use to store the Cultural Centre's traveling ,display storage crates and displays waiting to be assembled. FISCAL IMPACT: Estimated cost for demolition is approximately $70,000 including abatement requirements. AL TERNA TIVES: 1. Leave as is and repair as breakdowns occur with the realization it does not meet Access and Building Codes and is a high maintenance structure. 2. Complete minimum repairs to the roofing and HV AC and Termite Treatment at a cost of approximately $300,000. 3. Do niinimum Code requirements and repairs at a cost of approximately $1,306,404. 4. Complete Historical Restoration. This making no major changes to the present layout. The cost would be approximately $3,500,00 to $5,000,000. . Department Head's Signature City Manager's Signature ! Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . .. .~. . . MINUTES . ~ REGULARCITY COMMI$SION MEE;TING . . I ; BOYNTON BEACH, FLORIDA AUGUST 5, 1997 ; i l....i preliminary approval. Once approved, they will proceed to the other offices.to access. benefit packages. T~e Department of Children and .Fa~mes can (1) put out a bid. package for space within theB(jYntona~ch ge.ographicatarea, detennine which space is more. ~ppropriate, then~l1ter jnfon~gotiatJ6nswith' thelard1qrd;' or (2), pick a space and'eng.age in negotiatjons with the landlord,' This facility'requires about a'minimum of 8,000 square feet. Mr. Ha:wkins advised that itwas m~de very. cl~ar to HRS staff that the City ~ould only participate with the initial setup costs for t~is endeavor.. He said staff recom~ends that the City agree to part!cipate with the one-time ,setup costs for moving. a servi~bffice to the City of Boynton Beach andt~ allow HRS to proceed. with.their process of findjng an appropriate location. r~ Commissi.oner.Jaskiewicz advised that we indicated to HRS that we wanted a location . accessible to public transportation. ........... ',- Mayor Taylor referred tb the backup material and.asked why they are not including T-1 line, telephone: service, fax machine, Sheriff, photocopy machine, and postage machine in th~ setup costs. Mr, HaWkins explained :that a lot of costs will not be applicable in this case because they are simply moving an office from one locatipn to another. Mayor Taylor asked why the setup costs cannot come out of the COC funding. instead of th.e. City Contingency Fund. Mr. Hawkins advised. that the Commission already approved how the CDC dollars will be spent. Motion Commissioner Bradley moved to approve a one-time $11,000 allocation for cost sharing to set up a DCF office in the Boynton Beach area. Commissioner Tillman seconded the motion, which carried unanimously, F. Consider Demolition of Old Boynton High School Vice Mayor Titcomb was' not prepared to demolish this building at this time. He pointed ~~:lI out that the work being done by Duncan & Associates is very pertinent to what happens I I in .this area. There is no rush to demolish this building, so we have time to get input . ....,.. ... from Duncan & Associates. 21 . .0' . '. . . . MINUTES REGULAR CITY COMMISSION MEETING t BOYNTON BEACH, FLORIDA AUGUST 5, 1997 '''--..--. Commissioner Tillman was in favor of tabling this item until we receive clear directien from Duncan & Asseciates. However, he pointedeut that if would . cost an enermeus amount to save this building. He preferred to build a.brand new building. Commissioner Jaskiewiczleahed mQre tow~rda new buildingpecalJSe of the conditien the.presentbu:i1ding is in~' She also pointed out thaUh.isbuilding is smaIL Commissioner BracUey was in favor of getting Duncan & Associates' input and agreed there is no rush to demolish the building. . Mayer Taylor. knows there are some emotional ties to. this building. However, he pointed out that the City is. hot thataffluentthat we can save every. building we would like to; He also pointed out that we are trying to save the' elementary schoel. He agreed with Commissioner Tilhnan that for what it cost to. restere this building, a brand new one could :be built. He also agreed that there is no '.rush to demolish the building ,'''"; and suggested deleting this item frorn the ,agenda arid bringing it back in the future. City Manager Willis stated that HahkSkokowski has begunapreliminary analysis. This L.,.~ : . building crowds the existing site.: The specs for the old school.that we are in the process of renovating have gone oUt to': bid, knowing that we do' not have sufficient. fundstoprdceed~t this point. ;V\(emay ihave to . phase that project. She will ask Mr. Skokow.ski t9 come. back with a :tohnal report and a recommendation. She pointed out that it would cbst between $3.5 and $5 million to restore this building. Harvey Oyer, 512 N. Seacrest BQu.levard, President of the Boynton Beach Historical . " I . Society~. spoke against the demplijiqri of ~his building. He pointed ()ut that. it is part of the history of Palm B~ach County;:.Hefelt this building, put to proper use, could be the anchor for thearee fiomSe~cre~t;tothE(lntracoastal. He .sai~ this community lacks places of clIltural significance~' lie feltj the gymnasium could be converted into a : theater. Hef~lt the communitywotdd be able to benefit by having a .place to have plays and musical performances. He pointed olit. that we have remodeled pity Hall and have had problems. since. The . County built.~ School Soard that is; referr~d to as a Taj Mahal, y~t the children are left in portable classrooms because the ~dminis,trators are living in luxury. He felt we need to make use of what we have. r~'l t--"' .22 Page 1 of 1 Magazine, Chuck From: Magazine, Chuck . Sent: Monday, May 05, 2008 3:09 PM To: Bressner, Kurt Cc: LaVerriere, Lori Subject: Old High School Attachments: 08-09 Old High Schoollnfo.xls I have received a quote from my insurance broker to cover the Old High School being added on to our property insurance policy. The amount is $21,670. Please see the attached information I received from our Facilities Dept., which they received from the CRA. This shows the CRA spent $19,663 in FY 2006/7 and $20,220 in FY 2007/8, excluding insurance. This was minimal maintenance for the building. If the City is to take back the building and the plan is to renovate, it will be necessary to increase the maintenance for visitation and viewing by those interested in the renovation. I would therefore anticipate the need to spend in excess of $20,000 per year for mai ntenance. We are therefore talking in the neighborhood of $50,000+ that the City will assume in costs to insure and maintain this building if turned over from the CRA. Thank you. Chuck Magazine Risk Manager City of Boynton Beach, FL magazinec@ci.boynton-beach.fl.us . (561) 742-6042 This e-mail transmission, and any attachments, is intended for the person(s) listed here on this electronic submission and no one else as it might contain confidential and privileged information. If you have received this e-mail in error, please call the telephone number referenced above and please destroy all copies immediately. Thank you for your cooperation. . ,I,/"')(\(\Q . Old High School Information provided by the CRA Annual Vendor Summary of Annual Costs - FY07/08 Insurance $26,787 Burkev Risk Services Termite Treatment Bond $3,420 Nozzle Nolan Monthlv service of rodent and bird traps $1 ,800 Nozzle Nolan Maintenance and Repairs $15,000 Various depending on service Total $47,007 $800 $1,900 $1,065 , debris removal, water dama e control, misc. re airs $15,898 on service Total $19,663 . . .