Minutes 04-21-09
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, APRIL 21,2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
Mayor Taylor called the meeting to order at 6:31 p.m. followed by an invocation given by Dr.
Solomon Rothstein, Police Chaplain. Commissioner Ross led the Pledge of Allegiance to the
Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Ross asked to discuss discretionary fund donations to Toussaint L'Ouverture High
School. Mayor Taylor indicated the matter would be heard under XII. New Business.
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda as amended. Commissioner Ross seconded the
motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Rodriguez congratulated the Boynton Beach Fire Department on the recent
fishing tournament. He also attended the grand opening of the new West Palm Beach City Hall
and Library in downtown West Palm Beach. There had been consideration given to moving the
City Hall to the west, but the downtown has been redeveloped including the City Hall, Police
Department and Library. He congratulated the City's leaders on making the right decision.
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April 21, 2009
Commissioner Rodriguez reported at the last meeting of the Metropolitan Planning Organization
$20 million of stimulus money was distributed for Florida Department of Transportation (FDOT)
projects. The Boynton Beach Community Redevelopment Agency will receive $2 million to
pursue the Seacrest beautification project on the north end.
Vice Mayor Hay added both he and Commissioner Ross served as judges for the Chili Cook Out
competition. The winner was Foosion, the returning champs. Vice Mayor Hay also was
impressed with the young artists' drawings displayed in the Library. He congratulated all the
winners. Mayor Taylor indicated the Sister Cities organization sponsored the art event each
year.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. Earth Day celebration Monday, April 20th - Friday, April 24th with
displays in the City Hall lobby from the City's Sustainability Team, a
Monday Night Art Connection program featuring Eco Artist Mary Jo
Aagerstoun in the Library Program Room, 6 to 9 p.m.; tree plantings on
Tuesday April 21st at the Library at 9:30 a.m. and at Oceanfront Park at 3
p.m. and a "Green Your Life", presentation Thursday April 23rd, 10 a.m.
in City Hall.
Mayor Taylor announced the Earth Day celebration the week of April 20th to include displays in
City Hall, a program in the Library, tree plantings and a "Green Your Life" presentation.
2. Green Your Life Workshop - Thursday April 23rd, 10 a.m. to 11:30 a.m. at
City Hall, in Commission Chambers, featuring money saving ways to
reduce costs while helping the environment. Tips on home
improvements, recycling, water conservation, green cleaning, green living
and a tour of the City's Nationally Certified Wildlife Habitat will be
included.
A workshop would be held at City Hall in Commission Chambers on Thursday, April 23rd from 10
a.m. to 11:30 featuring ways to save money and help the environment.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Arbor Day - April 21, 2009
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April 21, 2009
April 21, 2009 was proclaimed Arbor Day and Mayor Taylor urged all citizens to protect the
trees and woodlands and plant trees. Jeff Livergood, Director of Public Works and Engineering,
commented students helped plant trees at the Library and invited everyone to view not only the
Library itself, but also the many plantings and landscaping.
b. Earth Day - April 22, 2009
Earth Day was recognized as April 22, 2009 and the proclamation was presented to Carisse,
LeJeune, Assistant to the City Manager and Chair of the Sustainability Team. She thanked the
Commission for supporting the Green Task Force, Sustainability Team and the American
Revitalization and Recovery Act (ARRA) team.
c. Mental Health Month - May 2009
The month of May was designated Mental Health Month and the proclamation was presented to
the Boynton Beach Mental Health Initiative, a new grass roots effort. Two ladies related the
impact of mental health illness on their families. They thanked the Commission and especially
Commissioner Ross for their support in raising the awareness of mental health issues.
2. Presentations:
a. Bishop Sylvester Banks - Citation
A citation was read and presented to Bishop Sylvester Banks for his many, many years of
religious support in the City of Boynton Beach. Bishop Banks indicated he was humbled by the
recognition and hoped to fulfill the obligation bestowed upon him to every citizen and honor
God.
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>
Herb Suss, 1711 Woodfern Drive, announced between 5 and 7 p.m. on April 22nd, the Galaxy
Elementary School would be presenting a Passport to Discovery math and science convention
including a food sale. He also urged everyone to volunteer in their community and country.
Richard Darby, thanked the Commission for his recent appointment to serve on the Building
Board of Adjustment and Appeals and hoped to become a helpful citizen within the community.
No one else coming forward, Mayor Taylor closed the public audience.
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V. ADMINISTRATIVE:
It had come to the attention of the Commission that there was a member of the Arts Commission,
Cheryl Arflin, who had become argumentative and disruptive in the meetings, preventing the
conduct of business for the Arts Commission. Mayor Taylor suggested the issue of removal of Ms.
Arflin from the Arts Commission be added to the next agenda.
Commissioner Weiland indicated the issue should be addressed immediately. Vice Mayor Hay and
Commissioner Ross felt Ms. Arflin should be given an opportunity to discuss the issue. There was
consensus to continue the issue to the May 5, 2009 meeting.
A. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (2)
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (3)
Mayor Taylor Cemetery Board Alt 1 yr term to 12/09
IV Ross Code Compliance Board Alt 1 yr term to 12/09
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (3)
III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Tabled (3)
IV Ross Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (3)
Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09 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 - April 7, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve the purchase of one (1) Bauer CompressorjSCBA Fill Station Unit
from Breathing Air Systems, Inc. of Ocala, FL for installation and use at
Fire Station #5 through GSA Contract #GS07F-9711G at a cost of
$52,272.26.
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2. Approve the purchase of SCBA (Self Contained Breathing Apparatus)
Gear through State contract #490-000-07 -1 from Fisher Scientific
Company, LLC of Suwanee, GA with an expenditure of $32,232.40.
3. Approve the purchase of professional services for centralizing and
transforming working files into a high-density filing system for Fire
Station Five from TAB products of South Florida, located in Coral Gables,
FL in the amount of $26,626.04, utilizing the State of Florida Contract
#420-590-07-1.
4. Approve the purchase of furniture from Workplace Resource of Southeast
FL, located in Weston, FL, for furniture items for Fire Station Five, ITS
and Communications for the new Boynton Beach EOC with an
expenditure of $492,453.82, utilizing the following accounts: the State of
Florida Contract #425-001-06-1, the Florida State Contract #420-590-07-
1, the GSA Contract Numbers #GS-28F-0003L (Loewstein), #Gs-28F-
0011K (Grand Rapids), #GS-27F-0002V (Adden), #Gs-797-P-4560A
(Intensa), #GS-28F-0042U, #GS-28F-0042U (Claridge), #GS-29F-001OP
(safco), #GS-07F-5509R (Safco Waste Receptacles), and the Volusia
County School Board Contract #CL -908KP.
5. Reject the nine (9) highest bids the City received in response to the
Invitation to Bidders and approve a contract for Bid #028-2821-09jJA,
"SOUTHEAST 4TH STREET WATER MAIN, STORMWATER AND ROADWAY
IMPROVEMENT PROJECT" to B&B Underground Contractors, Inc. (B&B)
of West Palm Beach, FL with a base bid price of $2,230,106.66 and to
accept Bid Alternate No. 1 of $11,755.04 for a total amount of
$2,241,861.70, plus an owner's contingency of 10% in the amount of
$224,186.17 for a total project budget appropriation of $2,466,047.87.
(Proposed Resolution No. R09-062)
Mayor Taylor pulled item VI.B.5 for discussion.
6. Authorize staff to negotiate a Scope of Services Contract with associated
costs for the planning, construction drawings and review of bid
documents for the MeadowsjNautica Sound park site with Glatting
Jackson Kercher Anglin of West Palm Beach, FL.
Commissioner Ross pulled Item VI.B.6 for discussion.
C. Resolutions
1. Proposed Resolution No. R09-063 RE: Approving the
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
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2. Proposed Resolution No. R09-064 RE: Accepting the
changes in the City's Local Housing Assistance Plan (LHAP) for State
fiscal years 09/10, 10/11 and 11/12, for continuation of the State
Housing Initiatives Partnership (SHIP) Program.
Commissioner Weiland pulled Item VI.C.2 for discussion.
3. Proposed Resolution No. R09-065 RE: Approving and
authorizing execution of Task Order #U09-17-4, in the amount of
$62,719 with Enegenuity Group, Inc. to provide Design, Bidding and
Construction phase services for improvements at Master Lift Station No.
801.
4. Proposed Resolution No. R09-066 RE: Approving and
authorizing execution of Task Order #07-20-1 Amendment No. 1 for
$570,362.50 to Wantman Group, Inc. (WGI) to provide professional
construction management services for the Regional Force Main Project
plus a owner's contingency of 5% in the amount of $28,518 for a total
budget appropriation of $598,880.50.
5. Proposed Resolution No. R09-067 RE: Approving the
adoption of the National Incident Management System (NIMS) for
Homeland Security Presidential Directive - 5 to provide for domestic
incident management.
6. Proposed Resolution No. R09-068 RE: Approving and
authorizing execution of an amendment to the lease agreement with
Unisite, LLC, also known as Amercian Tower Corporation, for their
telecommunications tower at 3101 Quantum Boulevard, expanding the
lease area by an additional 300 square feet for the placement of a 500-
gallon propane generator for Verizon Wireless.
7. Proposed Resolution No. R09-069 RE: Approving and
authorizing execution of an agreement between Palm Beach County and
the City of Boynton Beach which provides funding to offset the cost of
the 2009 Heritage Celebration. The funding in the amount of $7,000 is
made available from the County's Recreation Assistance Program (RAP)
District 7.
8. Proposed Resolution No. R09-070 RE: Approving and
authorizing the amendment of the Cemetery Rules & Regulations to
eliminate references to Boynton Beach Mausoleum, Inc. and add five new
rules.
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D. Approve payment to Clean Harbors Environmental Services of Bartow, FL for
emergency response and services during a 6" Force Main break at lift station
#102 in the St. Andrews Club, in the amount of $83,256.48.
E. Accept the written report to Commission of purchases over $10,000 for the
month of March 2009.
Mayor Taylor pulled Item VI.E. for discussion.
F. Approve the "PROMENANDE PLACE" Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr., (City
Engineer and Surveyor & Mapper).
G. Approve the Sustainability Team Quarterly Report
Commissioner Ross pulled Item VI.G. for discussion.
H. Authorize the use of $1,000 from Commissioner Rodriguez Community Investment
Funds to support the ongoing programs of the Education & Youth Advisory board
which include the Bob Borovy Student Citizen of the Year Award and Youth
Volunteer Bank.
Motion
Vice Mayor Hay moved to approve the Consent Agenda with the exception of those items pulled
for further discussion. Commissioner Ross seconded the motion. The motion passed
unanimously.
VI.B.5
Reject the nine (9) highest bids the City received in response to the Invitation to
Bidders and approve a contract for Bid #028-2821-09jJA, "SOUTHEAST 4111 STREET
WATER MAIN, STORMWATER AND ROADWAY IMPROVEMENT PROJECT" to B&B
Underground Contractors, Inc. (B&B) of West Palm Beach, FL with a base bid price
of $2,230,106.66 and to accept Bid Alternate No. 1 of $11,755.04 for a total
amount of $2,241,861.70, plus an owner's contingency of 10% in the amount of
$224,186.17 for a total project budget appropriation of $2,466,047.87. (Proposed
Resolution No. R09-062)
Mayor Taylor inquired if the expense could be delayed due to budget constraints. Mr. Bressner
replied the project had been under design for some time and the bids were below the engineer's
estimate. He recommended approval of the item. Commissioner Weiland recalled 4th Street had
been a flooding issue for some time and should move forward.
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April 21, 2009
Motion
Commissioner Rodriguez moved to approve Item VI.B.5. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
VI.B.6
Authorize staff to negotiate a Scope of Services Contract with associated costs for
the planning, construction drawings and review of bid documents for the
Meadows/Nautica Sound park site with Glatting Jackson Kercher Anglin of West
Palm Beach, FL.
Commissioner Ross indicated she had received several messages from residents of the Meadows
who were opposed to any park. Mayor Taylor also had received negative feedback about the
possible park. Commissioner Ross reminded the Commission the first estimate was $600,000 and
then later modified to $300,000 for a passive park. The messages suggested the area is a natural
setting that should be preserved. Commissioner Rodriguez advised he had received one message
in opposition to the park and previously there was overwhelming support for the park.
Commissioner Ross added many residents were upset they were not informed about the park
because the association newsletter was discontinued. Vice Mayor Hay had received six emails
opposing the park.
Terri Lonergan, 45 Rutland Lane, President of the 300 Property Owner's Association, related the
park idea had been ongoing for over 20 years. According to her, it was never envisioned to be a
lot with grass and terrible trees, with vagrants and kids hanging out in there. Nor did they want it
bulldozed and all asphalt. Something nicer was the intent. She explained publication of the
association newsletter had been suspended for lack of funding.
Sandy Hightower, 99 Meadows Park Lane, recalled a charter school had once been proposed for
the lot that was withdrawn. She believed the residents had been told it had to be park from the
original homeowners. Of the 40 residents she had questioned, only one agreed with a passive
park. It is the only natural scrub area for wildlife in the area while there are already four parks in
a one mile radius of the Meadows. She guaranteed a petition by the majority of the homeowners
would support green space rather than a park and requested the Commission not support the
creation of a park.
leff Gulden, 40 Meadows Park Lane, opined the beauty of the natural park is overwhelming and
opposed any park or redevelopment on the lot.
Barbara Miekle, 1701 Meadows Circle West, was not in favor of the park and wanted to
preserve the raw natural beauty of the area. She stressed three other parks were in the
immediate vicinity and free space was needed.
Kevin Mackey, 31 Cedar Circle, felt the lot was not beautiful, simply weeds that were mowed
down every other month. It did not support any wildlife. A passive park would encourage a
habitat for wildlife and would enhance the home values, a positive influence on the entire
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April 21, 2009
community. He asked the Commission to take a proactive look at the situation and do a proper
passive park for everyone's relaxation.
Mark Hightower, 99 Meadows Park Lane, reiterated there were three parks in the area and the
language and noise from the basketball courts was offensive. An outside hedge may be a
compromise for those who did not appreciate the natural area. The parks tended to attract
people from outside the community rather than neighborhood areas. Bathrooms were not
necessary. Benches and hedges could improve the area. Mr. Hightower was opposed to the
passive park.
Don Scantlan, 30 Cedar Circle, contended there was misinformation on the definition of a park.
Basketball courts, bathrooms or lighting were never part of the discussions. He also indicated the
tree line was not a natural tree line and had become a campground for indigents with garbage
and trash. Other activities are ongoing and did not attract the residents to the area. Mr.
Scantlan was in favor of the park and the request to have a engineering firm research the
proposals and meet with representatives from the communities and residents to address the
needs of the environment and the City.
David Katz, 67 Midwood Lane, indicated the Meadows contained 1400 homes and a dozen
emails did not represent the majority. Only walking paths, benches and shade trees were
envisioned for the park with possibly some lighting. If it were a natural scrub area it would have
been preserved by the County and the State. The tree line consists of non-native trees. ATV use
was destroying the lot and a passive park needs to be developed. Master gardeners could be
brought in to create natural ground cover. Mr. Katz alleged the park could be created for less
than $300,000.
Commissioner Ross inquired on the status of the variance. Mayor Taylor explained the issue
would have to go before the Building Board of Adjustment and Appeals for a variance to not
construct the bathrooms. Mr. Bressner advised the request had not been officially presented to
the Board. Commissioner Rodriguez pointed out there were more steps before final approval of
the project could be acted upon by the Commission.
Vice Mayor Hay wanted more input from the residents and thought the matter should be tabled to
allow the issue to percolate. He was in favor of the study being done and discussion held with the
residents as a basis for a recommendation. Three parks currently existed and economic instability
may necessitate use of the funds in another area. Mr. Bressner advised the funds were derived
from park and recreation fees and restricted funds. They could be released to the General Fund,
but would eventually need to be paid back.
Commissioner Rodriguez suggested the scope of services could be undertaken while continuing to
receive resident opinions to make a more informed decision.
Motion
Commissioner Rodriguez moved to approve Item VI.B.6. Vice Mayor Hay seconded the motion.
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April 21, 2009
Attorney Cherof advised three firms had to be ranked and negotiations would begin with the first
ranked firm and continue to the second and third if satisfactory agreements could not be
achieved.
Jody Rivers, Park Superintendent, related the number one ranking was Glatting Jackson, IBI
Group was second and Bermello Ajamil & Partners were third.
Both Commissioner Rodriguez and Vice Mayor Hay agreed to the ranking to be added to the
motion. The motion passed unanimously.
VI. C. 2
Proposed Resolution No. R09-064 RE: Accepting the changes
in the City's Local Housing Assistance Plan (LHAP) for State fiscal years 09/10,
10/11 and 11/12, for continuation of the State Housing Initiatives Partnership
(SHIP) Program.
Commissioner Weiland questioned if the fiscal impact was $500,000 for three years or each year.
Mr. Bressner confirmed it was $500,000 each year for three years, totaling $1,500,000.
Motion
Commissioner Weiland moved to approve Item VI.C.2. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
VI.E. Accept the written report to Commission of purchases over $10,000 for the month
of March 2009.
Mayor Taylor inquired if monies for the planning study of the Boynton Beach Police facility had
been expended. Mr. Bressner explained the funds were spent to analyze the space needs for the
alternatives of a stand-alone building versus a constructed office building.
Motion
Vice Mayor Hay moved to approve Item VI.E. Commissioner Ross seconded the motion. The
motion passed unanimously.
VI.G. Approve the Sustainability Team Quarterly Report
Commissioner Ross highlighted the comprehensive report and selection of the members for the
Community Alliance to work on the long-term environmental plan. Carisse LeJuene, Assistant to
the City Manager, announced the first meeting of the Alliance would be in May with all the
applicants invited to attend and participate. Commissioner Ross noted cisterns and rain barrels
were addressed in the report.
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April 21, 2009
Motion
Commissioner Ross moved to approve Item VI.G. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
Sibia Building (NWSP 09-001)
Francisco Perez-Azua, Perez Design, Inc.
HMRS, LLC
709 South Federal Highway
Request new site plan approval for a two-story commercial
building of 10,347 square feet consisting of medical office,
general business office, retail space and associated site
improvements, on a 0.661 acre parcel zoned C-3, Community
Commercial.
Attorney Cherof administered an oath to all those intending to testify and gave a brief overview
of the procedure to be followed.
Kathleen Zeitler, Planner, located the property and the surrounding uses. There would be two
points of ingress and egress from North Federal and NE 4th Street. The project would include
5,010 square feet of medical office space, 2,000 square feet of physical therapy space, 1,456
square feet of general office, 1,994 square feet of retail space and 1,887 square feet of
common area. The building will be Mediterranean design with adequate buffers and set backs.
Two tile murals are proposed for public art. It has been approved for traffic concurrency and
Condition of Approval 27 can be deleted. Staff recommended approval with 29 Conditions of
Approval.
Francisco Perez-Azua, architect for the project, was present as well as the landscape
architect and civil engineer. He reviewed the project with a PowerPoint presentation illustrating
the means of ingress and egress and the various buffers and landscaping that would be utilized.
Commissioner Rodriguez had concerns relating to the south wall of the building. Mr. Perez-
Azua explained it would not be a solid wall, but rather a first and second floor with many steps
in and out, designed with awnings and one cutout included the art work. The colors were
discussed and described as soft apricots.
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April 21, 2009
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Rodriguez moved to approve Item VIlLA. Vice Mayor Hay seconded the motion.
There was affirmation that the applicant agreed with the 29 Conditions of Approval.
The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
Motion
Vice Mayor Hay moved to remove Items IX. A. B. and C from the table. Commissioner Ross
seconded the motion. The motion passed unanimously.
A. Accept the "Ocean Avenue Interstate 95 Project Alternate Access Route Study"
report as prepared by the consultant, Stanley Consultants, Inc. (Tabled on
April 7, 2009)
Mr. Livergood introduced Freddie Vargas, consultant with Stanley Consultants, Inc. An overview
was given of the history of the Ocean Avenue 95 Project. Additional traffic concerns resulted in
an access route study using the alternate southern route and Morton's Way adjacent to Home
Expo that would not be along any residential areas. A final decision on the route was not being
sought, rather direction and guidance to address any further issues and the opportunity for staff
and resident input.
Mr. Vargas presented an aerial view of the property and proposed access route. The project
was for 134,000 square feet of light industrial, offices and warehouses. The access was limited
by the CSX railroad tracks currently on the east end of Ocean Avenue. Truck traffic on Ocean
Avenue is not compatible with the current residential use including narrow streets and children
playing in the street. The adjacent property owners, as stakeholders, were identified. Right-of-
way issues, drainage easement, Department of Transportation property, Winchester property
design of the project and potential impact to the Ocean 95 development and access to the
Winchester property were the issues. Redesign of the railroad crossing location on Ocean
Avenue would also have to be addressed.
The alternative proposed would run from Morton's Way to the south end of the Ocean 95
project. It would have an impact on the drainage area and require a new railroad crossing to
the Ocean 95 property. It would eliminate 13 parking spaces for the proposed development on
the south end and a variance would have to be granted. Another alternative would be to
reduce the southern building by 2,000 square feet and increase the available parking spaces
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creating only a three parking spaces deficit. Another alternative would be to acquire property
from the Winchester property to be added to the Ocean 95 project. The seven implementation
strategies were revi~wed. The probable cost would include roadway improvement of $950,000,
the new railroad crossing $300,000 to $400,000, the right-of-way issue $160,000 to $350,000
with engineering costs of $80,000 to $125,000 for a potential total cost range of $1.5 million to
$1.8 million.
Mr. Vargas asserted the next step would be to gather more information to make a
determination of whether to continue with the FDOT application, publiC involvement, design and
then construction after funding was identified. The alternative would be to stop the study and
present a final report.
Commissioner Weiland inquired about the status of the Ocean 95 project. Mr. Bressner
reported a site plan time extension would be brought before the Commission in June.
Commissioner Rodriguez confirmed the developers were unwilling to make any changes at their
expense and were not willing to grant access through their property. He proposed the site
plan extension should be denied and the project would be terminated. The developer could
then propose a new site plan with an alternate route to be done at their expense. Mayor Taylor
agreed the report should be accepted, but no action taken.
Motion
Commissioner Weiland moved to accept the report. Commissioner Rodriguez seconded the
motion. The motion passed unanimously.
Mike Rumpf, Director of Planning and Zoning, announced the site plan time extension would be
brought before the Commission on May 19, 2009.
B. Continued Preliminary Budget Discussion - Action Items (Tabled on April 7,
2009)
Barry Atwood, Director of Finance, sought direction on policy issues to refine the proposed
budget. He stressed the taxable values were predicted to continue to decline plus an
anticipated decrease in other revenues. The range of deficits was outlined. Direction was
needed on the issues of staff hours, wages, pension liability, early employee buyout, CRA
options and program analysis.
It was recommended a zero increase for all department budgets be submitted while including
the collective bargaining wage increases. Another recommendation was the creation of a four
day work week with a savings of $150,000 and public impact for one less day of service. The
proposal was Monday through Thursday with the hours from 7 a.m. to 6 p.m. commencing June
8th. Police, Fire, Communications and Utilities would be excluded. Public Works and Utilities
would continue to operate six days. Commissioner Rodriguez confirmed there would not be a
reduction in employees' net pay and a forty-hour work week would continue. The after-school
programs would continue and the Library may close one day also.
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Wally Majors, Recreation and Parks Director, addressed the issue of the cost of the after school
program. He explained the fees collected cover the cost of the instructors and all related
supplies. The fees would not cover the cost of the utilities or full-time staff. The subsidy for
the City is approximately $10,000 and serves approximately 150 children at the Hester Center
and Arts Center.
The third issue would be opening of the Police and Fire contracts. The Blue and White Collar
agreements expire this year and will need to be renegotiated. Wages cannot be modified
without opening the agreements.
Action item four involved the contribution to the defined benefit pension plans and the City's
contribution increasing 430% -- a national trend. Attorney Cherof advised the City sets the
amount of the benefit to be paid by Ordinance and through the collective bargaining units. Mr.
Atwood explained how the increase in pension expense is calculated. A combination of an
increase in the employee and City contribution would have to compensate for the investment
losses. The Annual Required Contribution (ARC) of the City would increase by 2% of payroll.
Changes in the pension plans can be made by Ordinance.
Commissioner Weiland inquired if the pension contribution could be frozen. Mr. Bressner
advised the State requires funding to meet future pension obligations. The Commission may
modify the pension benefits for employees by reducing the multiplier to 2.5% rather than the
current 3%. A defined contribution plan could be offered to current employees and all new
hires creating a split system. Mr. Atwood noted if the employee contribution were increased
the City's contribution would decrease.
Another option would be an early retirement buyout which would not reduce cost significantly,
but mainly in the future. A balance would have to be made between the buyout costs and
salary savings. There are 70 employees eligible for retirement or currently in the DROP plan.
The buyout expense and savings should balance out the first year and generate savings in the
subsequent years.
The sixth option was the future of the Community Redevelopment Agency (CRA) and whether
to dissolve the Agency, reduce expenses, reduce the geographic size to return tax dollars to the
City or maintain the status quo. Staff would need future direction to pursue the issue. * The
City would immediately receive $5.3 million towards its tax base if the CRA were
furloughed. The contractual obligations would have to be assumed and $46 million of
outstanding debt. If the CRA were dissolved the City would lose the County portion of the Tax
Increment Funding (TIF) of $3 million equal to the debt service that would have to be assumed.
The approved budget would result in a deficit of $2.4 million up to $5 million, if no other
changes were made. A decision would have to be made before June 1st for the budget timing
and TRIM notices that are required. The geographic size of the CRA is one of the largest in the
State. If reduced in size, the City would retain monies currently going to the CRA. The status
quo could be maintained also.
* Added per motion by Commissioner Jose Rodriguez
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
The last option was a program analysis and review of fees. Many of the programs are
discretionary and within the Recreation and Parks Department. Whether the programs should
be fully user fee funded is the issue. The Shopper Hopper service operates at a cost of
$250,000. If eliminated, the gas tax funds received could be used for other roadway projects.
An increase in the fees for the after-school programs should also be addressed. An increase in
the beach parking permits would help fund a deficit of $288,000. The fees would have to
increase to approximately $100 for the program to break-even.
Commissioner Weiland suggested the fees for use of City facilities should be standardized for all
organizations including in-kind services to provide some revenue. He felt the Commission and
all the employees should share the fiscal responsibility of being good stewards of the taxpayers'
monies. All options need to be investigated including re-structuring departments and possible
layoffs, if necessary. Mr. Atwood agreed that any savings could preserve a position. A policy
decision was needed to determine the funding level desired for the discretionary programs and
whether the fees should equal the costs or increase the taxes to fully fund the programs.
Mr. Atwood indicated future discussions would involve deferring a few Capital Improvement
Projects to bring some monies back to the General Fund, span of control issues, future
annexation policy, sale of City-owned assets and the take-home vehicle policy.
Commissioner Weiland inquired if any charges were assessed to the officers when vehicles are
used for private duty. Mr. Bressner was unaware of the parameters of the program.
Commissioner Rodriguez questioned if the City of Boynton Beach officers were allowed to work
private duty outside of the City. Mr. Atwood indicated outside of the City was not allowed.
Private duty may or may not include the vehicle and the fees need to be reviewed.
Mayor Taylor was interested in the advantages and disadvantages if the City-owned cemetery
were sold. Mr. Atwood added the perpetual care fund would have to follow the cemetery. Mr.
Bressner agreed to review the possibility.
Commissioner Ross requested examples of other assets that could be sold. Mr. Atwood
mentioned vacant park lands such as the Girl Scout Park and the Nautica Sound/Meadows Park
could be sold. Other vacant properties were also available. Commissioner Ross included the
current location of City Hall could also be available if City Hall were moved. Mr. Bressner
advised if City Hall were moved there would need to be a revenue stream to facilitate the move
with adaptive reuse of the present property. Vice Mayor Hay had heard the property was worth
approximately $24 million plus saving $5 million by moving to an existing building. The $16
million deficit could be eliminated by a move.
Commissioner Weiland stressed he was attempting to look within the organization to fix the
problem. He did not want to borrow money from the reserves, liquidate the CRA or increase
beach stickers without solving the internal issues.
Mr. Atwood summarized the personnel services are 77% of the total $70 million General Fund
budget. Commissioner Rodriguez noted the percentage was normal for the services provided
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
by all municipalities. Public safety comprises 62% of the total personnel services being a high
priority. Operating costs total $9.7 million with a zero percent increase. Various scenarios of
possible increases in revenue were reviewed including adopting the roll back tax rate, no fire
assessment and increase of fees for services. Programs and personnel would have to be cut by
$6.9 million to balance the budget. Cost of living increases, pension increases, collective
bargain increases and unfunded mandates of $7.8 million are mandated increases.
There was unanimous consensus to request preparation of the budget at 0 percent increase
from the 2008/2009 budget. Vice Mayor Hay and Commissioner Rodriguez indicated less than
zero was also a possibility.
Commissioner Weiland did not agree with the four day work week. The shortened work week
would be effective June 8, 2009. Commissioner Rodriguez requested employee input on the
issue. Mr. Bressner indicated the feedback related to day care issues.
Mayor Taylor allowed public comment.
Henderson Tillman, 54 Bentwater Circle, noted the 2007 audit addressed existing problems
such as internal fund controls that should be corrected before a new budget is developed.
There were two major deficiencies found, significant deficiencies and material weaknesses, plus
issues of reporting and internal controls. Mr. Tillman suggested annual, if not quarterly,
reviews of the Capital Improvement Plan should be done to evaluate the budget compliance of
the various projects. He questioned if the building permit fees were a dedicated funding source
and declining, how many people were laid off or furloughed. Reductions in staff should have
been handled earlier to eliminate the shortfall. To move forward, the deficiencies and internal
reporting problems should be resolved in terms of management and reporting functions. Mayor
Taylor noted Commissioner Weiland had raised the same issues. He also pointed out the
budget hearings were not until July. The issues were preliminary to the actual budget
preparation. Commissioner Rodriguez confirmed with Mr. Atwood that the deficiencies found by
the audit had been corrected.
Mike Osborn, 3712 Coelebs Avenue. inquired about the 40 vacant jobs and how it impacts the
budget. He also asked if the projected shortfall included funding for those vacancies. Mayor
Taylor replied the figures did not include the 40 vacant positions. Mr. Osborn projected it was
4% of all employees not being funded. Mr. Osborn suggested the replacement of vehicles
should be reviewed based on need rather than a time schedule. He contended other areas
should be scrutinized. Mayor Taylor assured Mr. Osborn that not only the department heads
would be reviewing all possible savings, but also the Commission would be taking a very close
review of the processes and budget requests. Mr. Atwood indicated he had spoken with the
Fleet Manager on the issue of replacement of vehicles. Mr. Bressner advised the vehicles are
prefunded based on the expected service life. A degree of scalability to the Fleet Fund has to
be administered and perhaps a better job needs to be done.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Victor Norfus, 261 N. Palm Drive, suggested a four-day work week would not be sufficient
and a minimal staff would need to be present on Friday. Consolidating the location of the
discretionary programs was another alternative and could reduce the operating costs.
Mark Karageorge, 240A Main Blvd. was also concerned with the audit findings. He felt
strongly that the union agreements had to be reopened and negotiated within the limits of the
budget. Mr. Karageorge asserted a roll back was a millage increase that would affect all
taxpayers. Staffing levels in the Planning and Development Department and Permitting remain
at the same level as in the peak of the real estate market. Mr. Atwood responded the staff
level had decreased. Also the pension plans need to be examined and caps on the benefits
offered. Mr. Karageorge stressed public safety had to be preserved while the benefits were out
of control. Millage increases should not be considered until all possible budget cuts have been
explored.
Brian Edwards, 629 NE 9th Avenue, did not want a millage increase and understood the crisis
was throughout the country. The City has continued to move forward and is continuing to
seriously address the budget deficit. It is not the Commission's fault or the City employees'
fault and the pension benefits offset a reduction in salary levels compared to other cities. All
municipalities have the exact same percentage of personnel cost or more. Mr. Edwards thought
it was all the residents' responsibility to bridge the gap and work together. The Commission
could not possibly solve all the problems with the budget and a one-time assessment may be
necessary. The cutting would diminish years of progress, years of negotiation and years of
accomplishments. It will not boost the economy. Commissioner Weiland contended the one
time assessment would be a bailout and totally wrong. Mr. Edwards asserted it was a crisis and
unlike anything experienced before requiring extraordinary actions. Commissioner Weiland
countered that it was moving forward to solve the budget crisis and move on together.
Don Scantlan, 13 Cedar Circle, offered that youth (18 to 24 years of age) program funding will
be available to have cities employ youth to solve problems for cities. Employed workers could
not be replaced with youth available for summer employment. With regard to capital
improvement projects, Mr. scantlan projected now may be the time to build and expand
because contractors and money are available and willing to negotiate.
Glenn Jurgenson, President of the Chamber of Commerce, read a letter from the Board of
Directors opposing the assumption of the Community Redevelopment Agency functions.: by City
staff. The economic conditions validate the need for focus on redevelopment of the downtown
and Federal Highway corridor. Any reduction in the focus of developing the downtown area
would further delay the recovery of the businesses in the area. (A copy of the letter is attached
to the minutes.)
Commissioner Rodriguez found it ironic the Chamber wants to save the CRA when there are
efficiencies that could be gained. Also the Chamber of Commerce recently moved from the CRA
district downtown area to Congress Avenue. Commissioner Ross pointed out District IV that lies
west of 1-95 is just as important as the rest of the City. The distinction that the eastern section
of the City is more important than any other section of the City, should not be made.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Commissioner Rodriguez clarified that his tax dollars, as well as Vice Mayor Hay's support the
CRA and should support redevelopment of the area. Vice Mayor Hay felt the Chamber of
Commerce was focused on the overall picture for the entire City of Boynton.
Herb Suss, 1711 Woodfern, recalled when the millage rate was lowered and he did not agree
with the reduction. Now, the millage rate has to be raised to at least 7 mills. He did think an
assessment may be appropriate like Homeowner Associations assess fees to cover extra
expenses. Mr. Suss suggested the fire assessment should be continued or an overall
assessment for fire and police. Conserving energy costs may be a savings and cut backs are
needed. Mr. Suss al,so did not agree with abolishing the CRA.
Mayor Tay/or called a recess at 9:57 p.m.
Mayor Tay/or reconvened the meeting at 10:04 p.rn.
Mayor Taylor proposed to go through the action items and give staff direction. He also
reminded the Commission there is a reserve fund with a $18 million balance; $7 million
reserved for emergency operating expenses, leaving $11 million. Cities can also borrow money
with a tax anticipation loan that could be an option also.
There was unanimous consensus on the budget preparation with 0% increases.
Next, item was the four-day work week. Commissioner Weiland did not favor the change. Vice
Mayor Hay did not anticipate any loss of services other than administrative staff. The savings
would be approximately $150,000. Commissioner Ross inquired about the child care issues.
Mr. Bressner responded some adjustment would have to be made because many day care
centers charged a premium or shut their doors at six o'clock. There would be employees who
will be put in a hardship situation. Commissioner Rodriguez suggested a staggering transition
may help. Vice Mayor Hay felt it should be attempted and Commissioner Ross agreed.
Commissioner Rodriguez inquired if department heads had discussed the change with their
staff. Nancy Bryne, Assistant Development Director, indicated much of her staff was excited
about the extra quality time with their families. Day care issues could be resolved with a
shorter lunch hour or adjusting their own personal time. Commissioner Rodriguez agreed with
the proposal. Mayor Taylor declared their was a 4-1 vote to go forward with the four ten-hour
work days. (Commissioner Weiland dissenting.)
The third item was to open up the collective bargain agreements with Police and Fire. There
was unanimous consensus to open the agreements.
The fourth item was to research a defined contribution pension plan for all new employees as of
October 1st. There was unanimous consensus to do the research. The next issue was
modification of employee contributions for current and future plans. There was unanimous
consensus to research the savings and bring back a report.
Item five was to research various options of voluntary early retirements. Vice Mayor Hay
agreed. Commissioner Weiland did not agree and wanted more information. He did not
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
understand how the buyout monies could be found at this time. Commissioner Rodriguez
agreed with the research being done. Commissioner Ross questioned how many employees
would be eligible. Mr. Atwood responded there were 70 eligible employees a couple months
ago. There was total agreement to continue with the research and provide more information.
Item six referred to analyzing CRA options further. Mayor Taylor was in favor of the status quo.
In his experience it was not a good idea to mess with something that was working. The CRA is
an outstanding department that is very productive and recognized in the State, nationally and
internationally. He saw the CRA as a plus for the City. Vice Mayor Hay concurred with Mayor
Taylor and did not want to see the loss of funding. Commissioner Rodriguez felt options Band
C should be studied to see if there could be any savings. Mayor Taylor contended enough
information had been provided. Commissioner Rodriguez disagreed and alleged savings in
renting office space may be appropriate. Mayor Taylor was not in favor of mixing the CRA in
with the City. Commissioner Weiland agreed. Commissioner Ross was also opposed to
combining the offices and would only consider maintaining the status quo. Commissioner
Rodriguez alleged established, personal relationships were hindering fair assessment of the
potential for savings. Mayor Taylor, Vice Mayor Hay and Commissioner Ross disagreed there
were any personal relationships and Vice Mayor Hay resented the remark. Commissioner Ross
enjoyed working with the CRA staff and would only consider maintaining the CRA and helping
them to be more successful.
Mayor Taylor, Vice Mayor Hay and Commissioners Weiland and Ross voted to maintain the
status quo. Commissioner Rodriguez voted nay. Mayor Taylor, Vice Mayor Hay and
Commissioners Weiland and Ross wanted the budget of the CRA to be separate from the City.
Commissioner Rodriguez voted nay.
On the review of user fees, Mayor Taylor reviewed the options. He felt the City was doing an
excellent job reviewing its own millage rate. Amendment One passed and the State mandated
a reduction to the 6.4 millage rate. He contended the City should return to establishing its own
millage rate and consider a millage increase. A roll back to the 7.4 rate would generate $5
million in revenue. Vice Mayor Hay questioned the authority of the municipality. Mayor Taylor
advised the State had forced the municipalities to take the millage rate down, but gave local
authority to raise it at their prerogative. Mr. Bressner noted it was a policy decision that would
need to be made. Mayor Taylor requested the figures be substantiated on the amount of
revenue that would be generated with the millage increase to the roll back rate .of 7.4.
Commissioner Weiland questioned the relevance to the user fee issue. Mayor Taylor opined the
options were to increase the user fees or increase the millage rate to support the programs
without adjusting the user fees. Vice Mayor Hay agreed it should be investigated.
Commissioner Weiland wanted the in-kind rent, Fire Station leasing or any programs using
public property to be reviewed for the possibility of charging for the use of the facilities. Mayor
Taylor also wanted to review the information.
Mr. Atwood suggested the possibility that all discretionary programs cover a certain percentage
of the fixed costs which adjusted for increases annually. Mr. Bressner felt a three-year program
may be necessary to equalize the rates gradually. The analysis and discussion should be how
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
much public benefit should be assigned to the activities as opposed to user fees. Programs
used more heavily by the general population should be subsidized more than those patronized
by a limited number of individuals.
Commissioner Rodriguez reiterated he would not support a tax increase. Commissioner
Weiland concurred. Mayor Taylor requested the dollar figure that would result from the millage
increase. Commissioner Ross and Vice Mayor Hay also wanted the information. Commissioner
Weiland repeated his contention that borrowing from the reserves would not address the
internal issues that created the shortfalls.
Lori LaVerriere, Assistant City Manager, sought direction on the issue of reviewing the
continuation of the discretionary programs and possibly raising fees. Vice Mayor Hay indicated
both issues had to be addressed and Mayor Taylor asked for an intensive investigation into the
details of each program to make an informed decision. Mr. Bressner cautioned if programs
were eliminated, staff would also be eliminated. Commissioner Weiland clarified that any wage
freeze would also include each Commissioner's stipend.
C. Review of RFP for City Hall - Police Facility (Tabled on April 7, 2009)
Mr. Bressner reported staff had drafted a Request for Proposal (RFP) to meet the space needs
for the Police Department and City Hall operational needs. If the five areas as drafted were
approved, the Request for Proposal would be sent out. First proposal was for a stand-alone
police facility, City Hall or both on City-owned property or elsewhere. The second proposal was
for police functions as part of an office building. Another proposal was for general government
functions to be provided as part of an office building. Parking options for all proposals would
have to be analyzed. Funding for refurbishment of the Old High School property would be the
last proposal.
The space needs of a stand-alone police facility would be 80,000 square feet. The price point
of a stand-alone building ranged between $28 million to $31 million based on 2008 estimates.
Previously-purchased land could be utilized and federal stimulus funding was being sought but
not yet identified. There were no funds available for the replacement of City Hall. A new City
Hall could only go forward with the proceeds of a sale for adaptive reuse of the property, a
referendum bond issue or some other funding source. It had not been included in the five year
capital improvement budget.
One alternative was to proceed with the police facility only with a Request for Proposal in either
a stand-alone structure or an existing office building. Another option would be to hold both
projects until the economy improves, recognizing that bid prices would be going up.
Mayor Taylor agreed with proceeding with the draft Request for Proposal. Commissioner
Rodriguez established the land was previously purchased with capital improvement funds and
no restrictions on its use. Mr. Bressner did advise a portion of land used for the Fire Station
was paid out of the fire assessment funds. The current value of the remaining 7 acre property
is $2.5 million. The original purchase price for the entire 10 acre parcel was $3.9 million.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Commissioner Ross was interested in issuing the drafted RFP covering the five points. She did
want the refurbishment of the Old High School to include the public/private partnership aspect.
Mr. Livergood and Mr. Bressner contended inclusion of a public/private partnership proposal
would be too difficult. Earlier proposals required a substantial subsidy from the City or owner of
the building.
Commissioner Rodriguez questioned if a fair comparison could be made if the City-owned
property location would include construction management at-risk proposals including a
guaranteed maximum price. Mr. Livergood replied the proposers could include that if they
chose. There would be no level playing field and firm prices would probably not be submitted
with the proposals. Subsequent negotiations would reveal the prices.
Mr. Bressner intervened that the proposals would have to specify a certain finishing and
minimum acceptable standards. Commissioner Rodriguez contended the standards could be
established after receiving the guaranteed maximum price.
Quintus Greene, Development Director, clarified the project was not out for bid, rather for
proposal. It would be a framework with five elements to be addressed by the developer. There
could be many ways to address the elements. A price would not be sought at this time.
Commissioner Rodriguez proposed the Commission set the standards for a guaranteed
maximum price to avoid change orders and increases in pricing. Mr. Livergood pointed out the
top three proposals would be presented to the Commission and once selected, then the
guarantee maximum price can be negotiated.
Attorney Cherof advised the procedure is unique in asking the marketplace to dictate what can
be done and allowing the creative minds of the developers to meet the requirements of the
RFP. It would be a totally different process and very radical. Mayor Taylor agreed.
Marie Horenberger spoke representing the Morganti Group, a national builder. As a taxpayer
she congratulated the City and. Mr. Livergood for designing an RFP covering the various
elements and the concept. She cautioned the proposals would not be comparable. A facility
proposed on the land previously purchased would generate construction management at risk
proposals that would include a guaranteed maximum price for the project. Hard bids would
contain no maximum price or not to exceed price. The guaranteed maximum price method is
safest for the City and the builder assumes any risk. Retrofitting an existing building usually
results in many change orders, driving costs higher and pOSSible litigation to resolve any
disagreements. She suggested language be added to the RFP requiring a guaranteed maximum
price or not to exceed price. Ms. Horenberger mentioned that a proposal for a stand-alone
police facility at the existing land would not include any plans for the Old High School, adaptive
reuse of the current City Hall site or proposals for Fire Station #1.
Mr. Bressner pointed out the scope of the project and square footage of the police facility has
been designed. The final design has not been completed and would lend itself to a design build
method.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Owen Duke from the Patrinelli Group, wanted to participate in the process. The request is
seeking the best ideas and if selected, would the idea be put out to bid or deal directly with the
Patrinelli Group for construction. Mayor Taylor replied the City would deal with the developer.
Patrinelli Group's core projects were office buildings and completed projects in many states. The
Group had been in business for 28 years.
Motion
Commissioner Ross moved to approve the draft RFP to be issued for City Hall and Police facility
and establish a timeline.
Mr. Livergood questioned if not moving City Hall from the core area was intended, it had to be
included in the RFP. Mayor Taylor was open to any location within the City. Commissioner
Ross recalled a vote had been taken for anywhere in the City.
Commissioner Ross continued her motion that due to the budget situation the project needed to
be expedited. Mr. Bressner suggested a minimum of 90 days.
Vice Mayor Hay seconded the motion with the understanding the five bulleted items are
included. Commissioner Ross agreed.
Commissioner Rodriguez suggested the language relating to the current City Hall site and plans
for Kid's Kingdom, Fire Station #1 and the Old High School be modified in the RFP. There was
agreement to clarify the language.
Motion
Commissioner Rodriguez offered a substitute motion to approve the RFP with the changes in
the language at the bottom of page four and include a guaranteed maximum price bid to all,
regardless of the size or scope of the project. Commissioner Weiland seconded the motion for
discussion.
Commissioner Weiland understood that construction prices were low, but could not discuss
raising taxes, borrowing money out of the reserves and building a new Police Department and
City Hall. He would only support the second option of holding both projects until the economy
changed. Mayor Taylor noted staff did not recommend the guaranteed maximum price
modification.
Discussion ensued on the need for a guaranteed maximum price clause. Mr. Bressner asserted
pricing could be verified during negotiations.
The substitute motion failed 1-4. (Mayor Tay/or, Vice Mayor Hay, Commissioners Ross and
Weiland dissenting)
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. LeJeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and CRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applications.
Ms. LeJeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the strategy,
develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
costs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and
Sam's Club properties.
Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared drive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
B. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions)
XI. NEW BUSINESS:
A. Discussion on letter from Toussaint L'Ouverture High School for Arts and Social
Justice
Commissioner Ross requested to give the School $500 of her discretionary funds for the Haitian
Heritage Month durfng May. She urged the other Commissioners to also help the School. Vice
Mayor Hay matched the amount of $500 from his discretionary funds.
Mayor Taylor noted a proclamation would be prepared and presented. Vice Mayor Hay
volunteered to read the proclamation during the celebration.
Motion
Vice Mayor Hay moved to approve the donations. Commissioner Ross seconded the motion.
The motion passed unanimously.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-019 RE: Approving the
amendment of section 26-9 of the City's Code governing rates for potable
water and wastewater charges, which will implement a revised rate
structure commencing May 1, 2009.
Attorney Cherof read Proposed Ordinance No. 09-019 by title only on second reading.
Mayor Taylor opened the issued for public hearing.
Warren Timm, from Village Royale on the Green, 130 NE 26th Avenue, addressed the effect of
any rate increase on the users and the need for the monies. An increase in water rates was not
anticipated when budgets for his building were prepared and a special assessment would be
necessary. He questioned whether the $5.6 million expense for administration, general
administration, utilities engineering and customer relations that comprise one third of the total
budget were needed. Mr. Timm requested all opportunities to save in these areas be
implemented.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Ken Lassiter, 6131 Hook Lane, President of the Coalition of Western Boynton Resident
Associations (COWBRA), reported the organization represents 88 communities representing
approximately 100,000 residents with four times the area of the City and twice the population.
Of the 88 communities, 31 receive water from the City of Boynton Beach including 13 that are
family communities and 18 that are adult communities living on fixed incomes. The higher
rates will include the additional surcharge for being outside the City limits and severely impact
these families.
Commissioner Weiland noted he reluctantly voted in favor of the increase, but requested that
the Utilities Department be more fiscally responsible with their budget. There are 130 to 135
employees in the Utilities Department with 30 to 35 administrative level employees.
Commissioner Weiland alleged the number of senior administrative level positions was too high
and internal solutions to the problem would eliminate the need to raise taxes, user fees or
special assessments.
Commissioner Rodriguez inquired if the Utilities Department had undergone any analysis of
efficiencies or re-engineering. There had been a major review of the Department in 2006 and
there were structural changes and division re-alignments. An update could be supplied.
Commissioner Weiland noted on the weekend he saw six City vehicles and nine City employees
working on meter boxes. He was told the contractor was working on the project, but to get the
job completed on Monday, overtime was utilized. It was supposedly less money than the
contractor would have charged to complete the job. Commissioner Weiland questioned if the
monies would be deducted from the contractor's fees and if there would be accountability for
the decision. Mr. Bressner reported the incident had been reviewed and he stood by the
decision to utilize City employees to complete the project. Commissioner Weiland indicated the
project was still not complete and he was concerned that similar situations were ongoing.
Mr. Bressner stressed the bond coverage was essential to meet the obligations of the City.
Commissioner Rodri.guez reiterated he would not increase the millage rate or increase taxes to
our citizens and he would not support the rate increase.
Mayor Taylor pointed out 14 other cities had higher water rates and the increased rate would
be less than 8 other cities and 2 having the same rate. The debt service had to be met.
Commissioner Ross wondered if there were any other alternatives. Mr. Bressner emphasized
the Commission had to make the policy decision. Staff had recommended the increase and felt
it was necessary and appropriate. Increases were discussed the last fiscal year, but delayed to
obtain further verification of the figures. There would not be a good time to raise water rates.
Vice Mayor Hay concurred with Mayor Taylor and had studied the rates and agreed with the
proposal. Mayor Taylor mentioned the lower of the two possible options had been selected.
Commissioner Rodriguez contended unless the average household incomes in each City were
compared, the comparison with other cities would be invalid.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
The increase would generate $4.27 million for the remainder of this fiscal year and $8.615
million for the upcoming fiscal year. If not approved, the money would have to be found
elsewhere. Mr. Bressner recalled similar figures were presented last fiscal year and had gotten
higher due to a decrease in water use. The lack of rain was also affecting the revenues for the
sewer rates and circumstances beyond control. The South Florida Water Management District
allocates the water resources, forcing prices up.
Commissioner Weiland inquired about the progress of installing the Floridan Aquifer. Mr.
Bressner responded the project was changed to save dollars. Work was being done to extend
the life of the surfical aquifer wells to delay the Floridan wells. Commissioner Weiland
countered the wells on the east side of the City were experiencing salt water infiltration. Mr.
Bressner disagreed. The plan was to connect the two plants using the west plant water to
maximize the use of the east plant with a greater capacity and currently restricted. Lime
softening technology was being utilized. The Commission had been advised of the changes to
save money. It was decided a written update would be provided to the Commission.
Herb Suss, 1711 Woodfern Drive, opined an assessment had to be done. Staff recommended
an increase due to the neglect of previous Commissions to increase the rates gradually. He
stressed the systems had to be maintained at whatever cost was necessary.
Commissioner Rodriguez indicated the millage rate was lower; however, home values increased
and taxes increased.
Flynn Holland, 618 S. Sea crest, understood the financial aspects of the rate increase. The
result of the increase cost was homeowners would be forced to water less and less. The
continued rise in cost of basic necessities was driving residents away from the area. Less water
usage should translate to the need for less staff. She was concerned that raising rates would
create parched landscaping and depreciate the beauty of neighborhoods and homes.
No one else coming forward, Mayor Taylor closed the public hearing.
Motion
Vice Mayor Hay moved to approve the second reading of Ordinance 09-019. Commissioner
Ross seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 3-2. (Commissioners Weiland and Rodriguez
dissenting)
2. Proposed Ordinance No. 09-020 RE: Approving the
amendment to the Code of Ordinances, Section 16-82, increasing annual
resident beach parking permits from $30 to $40, improving administrative
clarity and eliminating unnecessary language.
26
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Attorney Cherof read Proposed Ordinance No. 09-020 by title only on second reading.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Commissioner Weiland moved to deny. Commissioner Ross seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 2-3 (Mayor Taylor, Vice Mayor Hay,
Commissioner Ross dissenting)
Motion
Commissioner Ross moved to approve the amendment to the Code of Ordinances, Section 16-
82 increasing annual resident beach parking permits from $30 to $40. Vice Mayor Hay
seconded the motion.
Commissioner Rodriguez indicated he would vote in favor of the motion to restore his options.
Vote
City Clerk Prainito called the roll. The vote was 4-1. (Commissioner Weiland dissenting)
3. Proposed Ordinance No. 09-021 RE: Approving the
amendment to the Investment Policy for the Boynton Beach Police
Officers' Pension Fund.
Attorney Cherof read Proposed Ordinance No. 09-021 by title only on second reading.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-021.
Commissioner Rodriguez inquired the Ordinance it would affect any budgetary constraints. Mr.
Bressner reported there was zero impact.
Commissioner Weiland seconded the motion.
Attorney Cherof explained it would be a more liberal investment policy and speculated it should
result in a greater rate of return and ultimately diminish the City's contribution to an annual rate.
27
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Vote
City Clerk Prainito called the roll. . The vote was 5-0.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-022 RE: Approving the
creation of Article VIII in Chapter 26 of the City's Code governing the
usage, cost and operation of the reclaimed water system within the City's
utility service area.
Attorney Cherof read Proposed Ordinance No. 09-022 by title only on first reading.
Motion
Commissioner Rodriguez moved to approve. Commissioner Weiland seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
2. Proposed Ordinance No. 09-023 RE: Amending
Land Development Regulations, Chapter 21, Article III, Section 6 "Special
Signs", by amending Sub-Section F to clarify where Temporary Banners
may be placed.
Attorney Cherof read Proposed Ordinance No. 09-023 by title only on first reading.
Motion
Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0
D. Resolutions:
None
E. Other:
28
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
1. Reconsideration of a method of procuring automated "red light cameras"
for traffic enforcement purposes at selected intersections, requested by
Commissioner Ross. (Continued to April 21, 2009)
Attorney Cherof reminded the Commission the discussion had begun at the last meeting with a
motion to reconsider by Commissioner Ross that passed. The original issue of how to proceed
was ready for action.
Mayor Taylor recalled the discussion was whether to go out for Request for Proposal (RFP) or
award a piggyback. Attorney Cherof added the RFP was completed and submitted on the date
originally established. The RFPs had not been opened and staff was awaiting direction to open
the proposals or proceed with the piggyback.
Greg Parks, of American Traffic Solutions (ATS), claimed to have a solution that would provide
safety and revenue expeditiously. The benefits include operability with Palm Beach County,
using the same systems with perhaps a sharing of data between agencies. His company was
the only vendor with South Florida experience as well as national experience in other areas of
the country. A piggyback would save money and take advantage of work done by other
municipalities. There is legislation pending regarding the red light cameras and there is
potential for grandfathering benefits to protect the City's share of the revenues to be
generated.
A representative of Redflex Traffic Systems indicated contracts in 27 states, holding 53% of the
market share in the United State and the largest red light code enforcement in the world.
Some of the states had complex legislation and he anticipated Florida's legislation would pass.
The important aspect is whether the right thing is being done for the City of Boynton Beach.
Due process of an RFP would reveal the best technology and the best price and let the
competition allow the City to dictate what is best. He clarified that Redflex had first been
selected by Pembrook Pines and subsequently got involved in State legislation and was not sure
of the State's position to give the municipalities authority to initiate the program. Redflex
rescinded the contract and ultimately ATS took the contract. He questioned the ability of
counsel to write a contract and negotiate in the best interest of Pembrook Pines at that time.
Attorney Cherof r~uested clarification on the previously raised issue of Redflex having
contracts with Pembrook Pines and the City of Aventura. The representative advised there
were no contracts with either City. He also indicated Clifford Wright was not a representative of
Redflex, rather a private entity, identified as a potential local vendor for installation and
construction for support in the City of Boynton Beach, Delray and other municipalities. Local
businesses are usually engaged to assist Redflex. Currently Redflex had no contracts in the
State of Florida until State legislation supported the concept to avoid liability for the
jurisdictions. The company was not fully committed to the State of Florida.
Mayor Taylor disclosed he had met with representative from ATS and Redflex. Commissioner
Ross disclosed she had a phone conversation with one and met with the other. Vice Mayor Hay
indicated he had conversations with ATS. Commissioner Rodrgiuez had met with both firms.
29
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Clifford Wright, Wright Communications, apologized for misinforming the Commission at the
previous meeting regarding a contract with Pembrook Pines. He assured the Commission he
was working in conjunction with Redflex as an engineering consultant in other cities. His
company was local and he reminded the Commission the RFP process was at no cost to the
City.
Mr. Bressner confirmed, other than staff time, there would be no additional cost. He did
indicate the piggyback would be a faster route. Attorney Cherof advised the City could
piggyback off any vendor that had a contract in the State of Florida.
Andrew Gatso, President of Gatso USA, submitted his proposal through the RFP process.
The challenge would be to find the right vendor to piggyback which is the value of issuing an
RFP process. The only costs involved in the RFP process are upfront expenses. His company
has three contracts in the State of Florida and had just been awarded a contract in Winter Park.
The other municipalities were Starke and the City of Palm Beach that was not yet operational.
Harvey Oyer, counsel for ATS, reiterated the company was US owned. He corrected Mr.
Gatso it was Palm Bay and not Palm Beach. Mr. Oyer pointed out the six awards in Palm Beach
County were two by RFP and four by piggyback to ATS. They also have two in Broward County
and 16 out of 17 in Miami-Dade County. He reiterated the fact that Redflex had considered
Florida's program to be illegal and could create credibility issues that could be raised in any
challenge to a violation. He pointed out ATS was heavily invested within the State and could
utilize their resources to defend the program if challenged. All vendors would use local
contractors.
Anton Ceota, representing Traffipax, urged the Commission to use the competitive bid process.
He indicated ATS had only 13 of the 36 contracts operational, placing Boynton Beach 24th in the
list for installation if timing was a concern. He felt all Americans, regardless of the location of
the parent companies, should be allowed to competitively bid. All the technology basically
operates the same. The partnership relationship that is best for the City would be the vital
component that should prevail. His clients included Port Richey, Milton, and Williston. The
Palm Beach County protest had been filed by Traffipax with only two points difference from
ATS. It is a very competitive market. The implementation time is usually 45 to 90 days
depending on the number of intersections, systems within the intersection and engineering
challenges.
Vice Mayor Hay's concern was the State legislation would take the revenue unless the .system
was in place before the legislation passed and revenue would be lost for the municipalities.
Chief Immler understood the money from the tickets would not be lost if the legislation passed.
The City's ordinance dictated the fine would be $125. The State is mandating the fine be $150
with 3/Sth going to the municipality. The 2/5th would be distributed by Statute as in all citations.
The grandfather provision in both bills gives until September 30, 2010 to comply with the State
regulations. The Department of Transportation will take over the certification of the equipment
to meet the establishment requirements. The bill also grants the rights-of-way on state owned
30
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
property within the jurisdiction. Chief Immler indicated changes would have to be made to the
Ordinance.
The fiscal impact for the City based on the legislation was still unclear. It would give access to
the signal gear rather than negoti~te the private easements.
Vice Mayor Hay decl.ared a conflict of interest as one of the contractors was a relative. (A copy
of the conflict of interest form is attached to the minutes.)
Motion
Commissioner Ross moved to approve ATS for the red light cameras for traffic enforcement as
the vendor through a piggyback.
Attorney Cherof advised analysis of existing contracts could be presented at the next meeting.
Commissioner Rodriguez seconded the motion. He thanked the companies who participated
and noted the County contract is critical since it is contiguous to the City. Commissioner Ross
also thanked the applicants.
The motion passed unanimously.
2. Award the "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH, OCEANFRONT PARK, LOCATED AT 6415 N. OCEAN
BOULEVARD, OCEAN RIDGE, FL", RFQ #015-2710-09jJA TO B & J
CATERING INC. OF DELRAY BEACH, FL. Lease payments provided to the
City of Boynton Beach in the amount of $500 per month. (Proposed
Resolution No. R09-031) - Review of Bid Protest filed by Ultimate
Catering LLC (Tabled on April 7, 2009)
Motion
Commissioner Ross moved to remove Item XII.E.2 from the table. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Attorney Cherof explained the bid protest was commenced at the previous meeting and the
protester presented information. Written responses to the points of protest were distributed and
attached to the minutes. Facts that were not pertinent to the Commission's determination were
the bid went out for RFP and was later withdrawn. The second fact of a short term agreement
was also not pertinent. Neither are the subject matter of the bid. The protest turns on the
identity of B&J Catering according to the protester. A review of legal records done prior to the
proposals before the Commission determined it was not the proper legal name. The applicant
then initialed the paperwork correcting the name. B&J was listed as a qualifier under the name of
the vendor initially. It was not a substitution, but a clarification. Attorney Cherof pointed out it
was not unusual for the corporate names to be shortened or incorrect, especially with smaller
31
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
corporations. Flexibility is allowed for clarification prior to the contract being submitted to the
Commission.
The Request for Qualification is the least formal of the processes used by the City of Boynton
Beach. Attorney Cherof declared he had reviewed the process of staff on two occasions and
found no discrepancies. Staff was present as well as a representative from B&J to answer any
questions. Attorney Cherof felt, since fraud was alleged with respect to their name, B&J should be
given an opportunity to explain the mistake and correction.
Jim Guilbeault, Delray, indicated the name of the company is B&J Catering, but they are Ellie's
and have been for 25 years. It is a fictitious name filed with the State. He originally submitted
the paperwork under the name Ellie's and alleged it was a misunderstanding.
Lola Toroczik, Ultimate Catering, contended the statements of the City were incorrect and the
process was "fishy". She claimed there was no reason to pull the first RFP and the short term
contract was award~d "under the table" to James Guilbeault.
Attorney Cherof explained the first RFP was pulled to consolidate the beach concession with the
concession occurring at the Library. It was later decided to do the beach concession alone.
Ms. Toroczik argued Ellie's Catering and B&J Catering were two separate entities. It was not a
mistake, but an intentional act that should be an immediate disqualification. She alleged the City
was doing illegal and unethical procedures to award the contract to a specific individual. Mr.
Toroczik asserted Mr. Guilbeault's membership in the Chamber of Commerce and affiliation with
the Children's Schoolhouse Museum created a conflict of interest.
Attorney Cherof explained it was not a conflict of interest for an individual to have a presence in
the community and engage in business activities within the City. The City would want to know if
an individual had established a relationship within the City through different organizations. It is
neither unethical nor illegal. The original lease before the Commission provided for a two year
lease with two additional two year terms for a maximum of six years. There was not a material
alteration of the document.
Ms. Toroczik questioned the validity of the act of the notary and Attorney Cherof explained the
notary only acknowledges the signature of the individual.
Commissioner Rodriguez attempted to explain the paperwork was not the issue. Commissioner
Ross added Mr. Guilbeault has been established in the catering business for many years whatever
his company name may have been. It was the same owner/operator. Commissioner Rodriguez
pointed out one owner could have several restaurants, each with a different name and it would
not be illegal.
Ms. Toroczik maintained the references were not possible also.
32
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Motion
Commissioner Weiland moved to deny the protest. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further matters to come before the Commission, Mayor Taylor properly
adjourned the meeting at 12:56 a.m.
CITY OF BOYNTON BEACH
ATTEST:
.--
,.-"..- ..
33
FORM SA MEMORANDUM OF VOTING CONFLICT
FOR STATE OFFICERS
LAST NAME-FI~S~ NAME-MIDDLE NAME L
'Af. t<.JC>bj:1R<Jw ,..
MAILING AOO.R'7SS J' L-;r "'A - l?
if;;!. /V~ OJ I ~ - 1/ ,
CITY F
Bo'lllrc:YY pD1~)/,
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WHO MUST FILE FORM SA
This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, author-
ity, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest
under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
As a person holding elective state office, you may vote on a measure which inures to your special private gain or loss; to the special gain
or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are
retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, if you vote
on such a measure you must complete this form and file the form within 15 days after the vote occurs with the person responsible for
recording the minutes of the meeting, who must incorporate the form in the minutes.
For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-
in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter-
prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed
on any national or regional stock exchange).
*
*
APPOINTED OFFICERS:
As a person holding appointive state office, you may vote on a measure which inures to your special private gain or loss; to the special
gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you
are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you
must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communica-
tion, whether made by you or at your direction.
For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-
in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter-
prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed
on any national or regional stock exchange).
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes.
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
CE FORM 8A - EFF. 1/2000 PAGE 1
r
DISCLOSURE OF STATE OFFICER'S INTEREST
I, ______________________________, hereby disclose that on ___.,.,'.__.
20
(a) A measure came or will come before my agency which (check one)
___ inured to my special private gain or loss;
___ inured to the special gain or loss of my business associate,-.
...l__" inured to the special gain or loss of my relative, ,--,.' '-: ::: )c ;.':::::<::::'./2 D t ...J g:I;.5-L~.L2_______________..
inured to the special gain or loss of___________________.____________________________________________.____. by
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
. i:'lj' i
'L:-/f-t~ c( 'j
which
( ....)
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Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM BA - EFF, 1/2000
PAGE 2
Trustee Companies
Bethesda Memorial Hospital
Compson Associates, Inc
Donald K. Porges, CPA, LLC
Ellie's SO's Diner & Catering
Florida Power & Light CO.
JMWA Architects
Palm Beach Community Bank
The Palm Beach Post
TD Bank
2009 Board of Directors
Chairman of the Board
Buck Buchanan,
The Tomorrow Connection
2010 Chair- Elect
JamesWilliams,
JMWA Architects
Immediate Past Chair
James Guilbeault,
Ellie's 50's Diner & Catering
Directors
Carole Aronson,
Attorney Carole Aronson, PA
Michael Bottcher,
The Plastridge Insurance Agency
Calvin Cearley,
Palm Beach Community Bank
Devon Coughlan,
Conflict Solutions
Rl'bert D' Angell',
Compson Associates, Inc
Tracey Diglio,
The Palm Beach Post
Nancy Ernst,
BankUnited, FSB.
Glenis Green,
A Classic Residence by Hyatt
& Lakeside Village.
William Marcacci,
Cypress Creek Country Club
Tl'ny Newbold,
Florida Power & Light Co.
Jonathan Porges,
Donald K. Porges, CPA, LLC
Rob SiJio,
GRT Ad Services
Robert B. Taylor, Jr.,
Bethesda Memorial Hospital
Maria Werrlein,
TD Bank
Elliott Williams,
Communications Resource
Management, Corp.
Wyn Yelin,
UBS Financial Sen,ices, Inc.
Glenn P. Jergensen,
President & CEO
Greater Boynton Beach
Chamber of Commerce
April 21, 2009
Mayor Jerry Taylor
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Budget Proposal to Dissolve the CRA
Dear Mayor Taylor,
The Greater Boynton Beach Chamber of Commerce Board of Directors
wishes to voice their concern over the options being proposed concerning
the Community Redevelopment Agency. It is our belief the assumption of
CRA functions by City Staff would dilute the effectiveness of the
organization and send the message to the Development Community that
Boynton Beach is not prioritizing the redevelopment of the Downtown and
Federal Highway corridor. The current economic conditions reinforce the
need for focus on redevelopment and the current organization has been
effective in marketing the opportunities available here in the City of
Boynton Beach CRA District.
The Chamber of Commerce representing its members in the business
community feels any change to the focus on redevelopment downtown will
only further delay the recovery for businesses residing in or around the CRA
District. The Chamber of Commerce would also like to see the return of an
independent CRA Board in the not to distant future.
We continue to look forward to working together to make Boynton Beach a
destination for shopping and dining in Palm Beach County.
Cc:
v
City Commissioners
City Manager Kurt Bressner
1880 N. Congress Ave., Ste. 106, Boynton Beach, FL 334261 (0) 561-732-95011 (F) 561-734-43041 ~
www.bovntonbeach.org I email: Chamber@boyntonbeach.org I!!I
~"S~
Toussaint L'Ouverture High School
For Arts & Social Justice
April 17, 2009
Honorable Jerry Taylor, Mayor
Honorable Ronald Weiland, Commissioner, District I
Honorable Woodrow Hay, Vice Mayor, District n
Honorable Jose Rodriguez, Commissioner, District m
Honorable Marlene Ross, Commissioner, District IV
City of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, Fl33435
Dear Elected Officials;
Toussaint L'Ouverture High School for Arts and Social Justice (TLHS) is hosting a series of
activities in celebration of May 2009 HAITIAN HERITAGE MONTH at its BoyntoD. Beach
Campus for the first time. Haitian Heritage Month is celebrated every year ia Miami for the past
ten years and four years ia Delray Beach.
TLHS asks that the City of Boynton Beach issued a proclamation commemorating the month of
Mayas Haitian Heritage Month in Boynton Beach starting May 2009.
Weare expecting hUD.dredths of people at each event. TLHS requests your generous financial
support to assure the success of May 2009, 1st ABnual Haitian Heritage Month ia Boynton Beach,
Florida.
Fridav Mav 1. 2009:
Fundraising Event: Festivities will include a Silent Auction, hors d'oeuvres, scrumptious desserts,
music by a Philharmonic quartet, and an art show. Benefits are to purchase additional MAC
Computers and Software for TLHS. Admission $25.00 donation; Tickets are OD. sale now.
BUDGET:
Food ---------
Entertainment~
Miscellaneous Expenses-
TOTAL
$ 7SO.00
-$ 1,500.00
$ SOO.OO
$2,750.00
.JI..
Mailing AdIhss
Tn Ii A1IImIic Aw:.., D42
Dekay BadI, Fl334&3
www: ..-;..., ...----CAIIZ
SdIooI AdIhss
1325 ~__,. Bhd
BoJIIIIaBadl, Fl33426
Tel: (561) 73I-9lOO
Fax: (561) 73I-9ISf
.J/..
Page 2
Saturday Mav 2. 2009:
ConferencelLecture Series: The event will start with a Brunch at 12:00 PM. Lecturers will speak
on several topics. (See attached flyer). Admission is 510.00. Benefits from this event will be used
to purchase additional MAC Computers and Software for TLHS
BUDGET:
Speakers' fees (6@5150.00ea.)-----5900.00
Food ----- - 800.00
Miscellaneous expenses ------ 500.00
TOTAL
52,200.00
Sunday. Mav 17-
Haitian Flag Day Festival: This is a fun-filled family event with music, live entertainment by
famous artists, traditional food, Miss Caribbean Beauty International Pageant and more. 12:00 to
8:00 PM. (see attached flyer)
BUDGET:
Entertainment 56,500.00
Stage, fence, tents, public bathrooms-l0.300.00
S~urity 9~~0
Soft Drinks and Water 600.00
Advertisement and Promotion --- 900.00
TOTAL
$19,260.00
Your kind attention to tb.is matter is greatly appreciated.
. //
~
TLHS's mission is to provide motivated students of diverse ability levels a unique secondary
school experience using arts as a vehicle for social justice and individual change. Our vision is to
help youth acquire the skills they need to be successful in college and/or work and to have a
voice in co-creating a world they can believe in.
Mailing Address
777 E. Atlantic Ave., #242
Dekay Beach, FI 33483
www.toussaintLouverture.org
School Address
1325 Gateway Blvd
Boynton Beach, FI 33426
Tel: (561) 738-9800
Fax: (561) 138-9854
SIBIA BUILDING 2/17/09
nURBAN
ASSOCIATES I'IC.
land Planning Land~(ape AKhite<:ture
Residential Design Park & Campu~ Planning plan Approvah
9671 ALOE ROAD BOYNTON BEAel/. H 33436
UA-02
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CoALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS
88 Member Associations
January 2009
(not to scale]
AVALON
ESTATES
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City of Delray Beach
City Water communities.xls
COBWRA Members
On City Water & Sewer
\ As of 4/21/2009
# Community Member Type #Units
1 Banyan Springs Adult 658
2 Bent Tree Gardens West Adult 266
3 Bent Tree Villas East Adult 376
4 Bent Tree Villas West Adult 294
5 Brighton Lakes Adult 124
6 Cascade Lakes Adult 600
7 Cocoa Pine Estates Family 61
8 Colonial Estates Adult 254
9 Cypress Creek Family 425
10 Delray Dunes Family 324
11 Fairmont Place I Adult 192
12 Grande Palms Family 62
13 Greentree Villas Adult 651
14 Hampton Lakes Adult 156
15 Jamaica Bay Adult 753
16 La Paloma Adult 230
17 Lexington Lakes Family 137
18 Limetree Adult 392
19 Mirror Lakes Adult 238
20 Oakwood Lakes Family 200
21 Palladium Family 144
22 Palm Chase Adult 357
23 Palm Shores at Gables End Adult 222
24 Pine Tree Country Club Estates Family 255
25 Pine Tree Village Adult 195
26 Platina Family 1,152
27 Prestwick Family 21
28 Quail Ridge Family 950
29 Santa Cruz Family 152
30 Tuscanv Bav Adult 395
31 Villas of Pine Tree Family 48
Total Units: 10,284
Estimated population: 25,710
Prepared by Ken Lassiter 4/21/2009
Page 1
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engln"rlng
Occ. Llcen..
Deputy City Clerk
Sibia Building
PROJECT NAME:
Francisco Perez-Azua - Perez Design, Inc.
APPLICANT'S AGENT:
4205 W Atlantic Avenue, Suite 304, Delray Beach, FL 33445
AGENT'S ADDRESS:
April 21,2009
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
Request new site plan approval to construct a 10,347 square
foot commercial building consisting of medical and general office
and retail, and related site improvements on a 0.66 acre parcel
zoned C-3 Community Commercial.
TYPE OF RELIEF SOUGHT:
LOCATION OF PROPERTY: 709 S. Federal Highway, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Applic~
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The App1ic9J1t's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
t../ -~'-I- oq
S:\Planning\SHARED\WP\PROJECTS\Sibia Building 709 S. Federal Hwy\DO.doc
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EXHIBIT ~'C,.
CONDITIONS OF APPROVAL
New Site Plan
DEP ARTMENTS
INCLUDE
REJECT
PUBLIC WORKS - Solid Waste
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS - Forestry
Comments: NONE (All previous comments have been addressed).
x
PUBLIC WORKS-Traffic
Comments:
2. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article II. X
Section B.2 and Section M.
ENGINEERING
Comments:
3. Revise plans to indicate all curve radii, and also provide a minimum of a lOX
foot radius for ingress/egress on SW 4th Street.
4. Revise plans (at time of Engineering plan review) to contain all runoff onsite X
(review north property line). Per Code, water runoff can not drain off one
property on to another.
5. Revise plans (at time of Engineering plan review) to provide a typical cross X
section for parking area.
6. Per Ch. 22, Sec. 5,C. (2) of the LDR: If any street abutting the property on X
which such construction is to occur is not depicted on the map or schedule on
file in the Public Works Department of the City as a street on which sidewalk
construction is required, the property mvner shall pay a fee equal to the cost to
the City per square foot of construction of the sidewalk abutting the property.
as such fee is determined annually by the Director of Public Works.
7. The loading space size requirement is 12 feet by 35 feet, not the 12 feet x 22 X
feet shown. Submit a written request to the Engineering Division that
justifies a reduction in the loading space size. Written approval from the
Engineering Division authorizing the reduced loading space size is required.
Sibia Building (NWSP 09-001)
Conditions of Approval
Page 2
DEPARTMENTS INCLUDE REJECT
8. A direct connection to sanitary manholes are not allowed, provide a X
connection with a wye five feet from manhole (revise plans at time of
Engineering plan review).
9, Comprehensive Plan policy 3.C.3.4. requires the conservation of potable X
water, As other sources are readily available, City water shall not be allowed
for irrigation. Indicate irrigation point of connection on civil plans (revise
plans at time of Engineering plan review).
10. The lighting design as shown on sheet L-1 & L-2, shall provide a minimum X
average light level of one foot-candle. On the Lighting Plan, specify that the
light poles shall withstand a 140 Iv1PH wind load (LDR, Chapter 23, Article
II, Section A.1.a and Florida Building Code). Provide a note that the fixtures
shall be operated by photoelectrical control and are to remain on until 2:00
a.m. (LDR, Chapter 23, Article II, Section A.l,a.) Include pole wind loading,
and pole details in conformance with the LDR, Chapter 6, Article IV, Section
11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A
on the Lighting Plan.
UTILITIES
Comments:
11, Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date for
the timeline should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter, This time line will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible,
12. Palm Beach County Health Department permits may be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
13, CODE Section 26-34(E) requires that a capacity reservation fee be paid for X
this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
14. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
! service this project, in accordance with the CODE, Section 26-15.
.
FIRE
Comments:
Sibia Buildin.g (N\VSP 09-001)
Conditions of Approval
Page 3
DEPARTMENTS
15. A sprinkler system is required for the building.
POLICE
Comments:
16. Prior to issuance of the first building permit, the applicant shall prepare a
construction site security and management plan for approval by the City's
Police Department CPTED Official. Security measures at a construction site
are determined after a security survey is conducted using the following
procedures:
a) One (1) staging area, to store equipment and park machinery,
must be fenced.
b) The staging area must be visible from an accessible roadway to
allow effective police patrol.
c) Lighting must be provided to allow complete visibility to the
area.
d) Approved padlock for all storage trailers and equipment trailers
and park within staging area.
I INCLUDE
X
REJECT
----1________
I
x
BUILDING DIVISION
Comments:
17. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the commission and at permit review.
18. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the State of Florida
shall be submitted for review at the time of permit application.
19. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
20. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
21. Identify within the site data the finish floor elevation (lowest floor elevation)
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
a) From the FIRM map, identify in the site data the title of the flood
X
Sibia Building (NWSP 09-001)
Conditions of Approval
Page 4
DEPARTMENTS
zone that the building is located within. Where applicable,
specify the base flood elevation. The finish floor elevation of all
habitable space in new construction not located in a flood zone
shall be elevated a minimum of twelve inches above the crown of
the road.
INCLUDE
22. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a) The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
b) The total amount paid and itemized into how much is for water
and how much is for sewer, (CBBCO, Chapter 26, Article II,
Sections 26-34)
23. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission,
24. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach County
Emergency 911,
a) Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald
- 561-233-5013)
b) United States Post Office, Boynton Beach (Michelle Bullard -
561-734-0872)
25. If this project is located within the Downtown Stormwater Improvement X
Watershed, appropriate fees must be paid to the City of Boynton Beach
Utilities Department prior to the issuance of a building permit per the
CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to
the Building Division at the time of permit application submittal. Contact
Pete Mazzela for further information at (561) 742-6404
26. Please note that the 2007 Florida Building Code will take effect on March 1,
2009. The design of the project will fall under the new code if the permit
application is submitted on or after March 1,2009.
PARKS AND RECREATION
Comments: NONE (All previous comments have been addressed).
X
X
REJECT
Sibia Building (~WSP 09-0011
Conditions of Approval
Page 5
DEPARTMENTS INCLUDE REJECT
i
FORESTER/ENVIRONMENT ALIST i
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Comments: NONE I X I i
!
PLANNING AND ZONING
_.._-~
Comments:
27. Prior to the issuance of a building permit for the project, traffic concurrency
approval from Palm Beach County Traffic Engineering shall be required,
x
---------+-____..--l
,.
28. Prior to permitting, revise all plans to match architectural drawings that X
include a front door for retail space.
29. Building wall signage shall be required to comply with the community design X
plan guidelines, such as a single sign style and one (1) lettering style, limited
to two (2) colors that complement the building (Chapter 9, Section 10.1. of the
LDR).
30. Staff recommends elimination of any sod areas to reduce irrigation demand. X
Revise landscape plan to substitute hardy groundcovers and shrubs in place of
the sod.
-:
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
NONE
X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
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S:IPlanningISHARED\WPIPROJECTS\Dr. Sibia 709 S.Federal HwylCOA,doc
WHAT IS TLHS?
Toussaint L'Ouverture High School for Arts and Social Justice (TLHS) is an
innovative public charter high school in Boynton Beach, serving students in grades
9-12. Admission is open to all age-appropriate students in Palm Beach County. Our
students come from diverse socio-economic groups and represent the demographics
of our community. We are a tuition-free, publicly funded organization.
WHAT IS SOCIAL JUSTICE?
The term "Social Justice "refers to equality, democracy, economic opportunity,
intellectual freedom, environmental protection and human rights. At TLHS, social
justice means providing each student with the opportunity to succeed and the
educational resources to which he or she is entitled. Both of our founders, Dr.
Allerdyce and Major Bemadel, are certified national trainers for the Anti-Defamation
League's World ofDifference@programs. ADL's core provides a key element for
our school's emphasis on social justice.
HOW DID TLHS CHARTER SCHOOL
GET STARTED?
TLHS is a component of the Center for Education, Training, and Holistic
Approaches, Inc. (CETHA). CETHA is a non-profit organization formed in March
2000 and incorporated in June 2000. The organization was funded to provide multi-
lingual, intergenerational, and culturally sensitive training. The school provides
education that addresses all aspects of the whole person (intellectual, emotional,
practical and physical).
Sponsored by:
1325 Gateway Blvd
Boynton Beach, FI 33426
Tel: 561 738-9800
Haiti International Museum of Arts and Culture, Inc. (HIMAC)
Haitian American Historical Society. (HAHS)
Mailing Address
777 E. Atlantic Blvd.
Delray Beach, Fl 33483
Haitian Heritage Month
May 2009
Friday May 1:
10th ANNUAL ART AND CULTURE- FUNDRAISING EVENT,
7 - 10 PM at (TLHS) 1325 Gateway blvd, Boynton Beach, $25.00
donation at the door; The festivities includes a Silent Auction,
hors d'oeuvres, scrumptious desserts, Music by a
. Call Cassandra at 561 738-9800 to reserV{'
your ticket.
Saturday May 2:
LECTURE SERIES - 12:00 - 8:00 PM - at (TLHS), 1325
Gateway Blvd, Boynton Beach $10.00 donation at the door.
Brunch from 12:00 to 1:00 for additional $10.00.
I,d. d ; < ! ",. t \ < . Q and A
Sessions and Entertainment. Please call Cassandre to reserve your
ticket -limited space. Call 561 738-9800.
Sunday May 17:
TLHS is hosting its ANNUAL HAITIAN FLAG DAY FESTIVAL,
a fun-filled family event with music, dance, and live entertainment
by famous artists, traditional food and refreshments. Activities
will include \ II....., ( \ H.IB IH \ '\ B 1 \l I \ I '\ I I R '\. \ , ! i ,
i' \ ( ; I \ \. I a reproduction of a Market Place in Haiti, students'
childhood games played in remote areas of Haiti, sports
exhibitions, arts and crafts, Caribbean bands, and more! Price of
admission: $10.00 adults, $5.00 students, children under six free.
Food and drinks will be available through various vendors for
additional charge.
City Commission Agenda 4/21/09
XII Legal
E.2.
EV ALVTION OF ALLEGATIONS
VL TIMA TE CATERING, LLC. PROTEST
Ultimate Catering, LLC has filed a protest challenging the City's award of a contract to B
& J Catering, Inc., for the beach concession operation.
B&J Catering was selected following staff review and Commission approval of proposals
submitted by three companies in response to a published Request for Qualifications.
REQUEST FOR QUALIFICATIONS means a written solicitation for competitive
sealed offers with the title, date and hour of the public opening designated. A request for
qualifications shall include but is not limited to, general information, functional or
general specifications, statement of work, instructions for offer and evaluation criteria.
All requests for qualifications shall state the relative importance of the evaluation criteria.
The city may engage in competitive negotiations with responsible offerors determined to
be reasonably susceptible of being selected for award for the purpose of clarification to
assure full understanding of and conformance to the solicitation requirements. Offerors
shall be accorded fair and equal treatment with respect to any opportunity for discussion
and revision of offers and such revisions may be permitted after submissions and prior to
award for the purpose of obtaining the best and final offer.
The Request for Qualifications process is less formal than either a Solicitation of Bids or
Requests for Proposal.
ALLEGATIONS OF PROTEST AND STAFF RESPONSE
Ultimate Catering LLC raised a number of issues in its protest letter. Staffs response is
set forth in bolded bullet format following each allegation:
Allegation:
The City of Boynton Beach issued an RFP in 2008 May 087-271 0-08/JA. After a couple
of months it was cancelled. Four (4) company proposed. B & J Catering did not propose
at this time. Ultimate Catering LLC spokesman, James Cowen, 561-452-1909 called and
several times spoke with Janet Allen purchasing agent regarding the outcome. Janet Allen
told that the City of Boynton Beach cancelled the RFP because the City wants to put out
a new bid where the Beach location and the Library Cafe will be in the same bid, jointly.
It is never happened!
. In May, 2008, the City issued a Request for Qualification (RFQ), not an
RFP (Request for Proposals (RFP).
City Commission Agenda 4/21/09
XII Legal
E.2.
· There is a significant distinction between an RFP and RFQ. The former is
more technical and the latter more informal.
· As the title implies, an RFQ is used to determine the extent of an
interested party's qualifications.
· Both RFPs and RFQs are less formal than a bid.
· The May, 2008 RFQ was withdrawn by the City and is NOT the subject
of this protest.
Allegation:
Instead City of Boynton Beach is issued the second time and RFQ 015-2710-09/JA for
the Beach location only. The second time 3 company proposed. B & J proposed this time.
The RFQ opening day was December 16, 2008.
· These points are correct.
Allegation:
The City of Boynton Beach signed a short term agreement for the Beach location with
James Guilbeault. There is no company name was included in the agreement. This short
term contract was never advertised to anyone, even dough all of the proposers would be
happy to provide services at the Beach for City of Boynton Beach. The contract got into
someone hand who did not even proposed for it! On November 25, 2008 the City of
Boynton Beach commission awarded the short term agreement to B & J without any
knowledge about the proposed materials and any information about B & J background.
· The short term agreement is NOT the subject of this protest.
· The City did enter into a short term agreement for the period of
November 25, 2008 to January 31, 2009 with James Guilbeault
· The City did solicit the seven companies with City of Boynton Beach
Business Tax Receipts (occupational licenses).
Allegation:
On February 24, 2009 City of Boynton Beach sent us their letter which said that B & J
won the contract. Ultimate catering LLC received this letter on February 27,2009.
· Following the City Commission's February 17,2009 award of contract to
B & J Catering, Inc., all unsuccessful businesses that submitted their
qualifications were notified, including the bid protestor.
Allegation:
City of Boynton Beach purchasing department recommended the beach location for B &
J for THREE years lease. Which is a surprise because in the RFQ there was only TWO
year lease offered.
I
City Commission Agenda 4/21/09
XII Legal
E.2.
. The Request for Qualifications did indicate a two year lease however, the
term of lease section also contained an option for two additional two year
periods (a maximum of six years).
. The conversion from a two year lease to a three year lease was not
deemed a material modification of the proposed lease term.
Allegation:
Ultimate Catering LLC protest on March 3, 2009.
. The protest was timely filed on March 4,2009.
Allegation:
B & J proposal has fabricated pages. (Page 17, 18, 19,20,21, and 22).lt is evident that
the notary signature initial was forged by someone on the parts where Ellies Catering was
crossed out and B & J was written out. B & J owner, James Guilbeault made false
statements on pages which was notarized. (page 21, 22) or James Guilbeult fabricated the
pages after those pages were signed by Notary, Stephanie Kahn, Recording Secretary.
· The Protestor makes reference to pages of the submittal initially made in
the name of Ellie's Catering. A review of State records on February 4,
2009, prior to the submission of this matter to the City Commission,
indicated that Ellie's Catering was a lawfully registered fictitious name as
opposed to an independent legal entity. The owner of the fictitious name
is Robert Smela who is the Vice-President of B & J Catering, Inc.
· When notified that Ellie's Catering could not be the contract entity with
the City James Guilbeault, the President of B & J Catering, Inc.,
substituted the corporate entity B & J Catering, Inc., on the RFQ
documents and initialed all such changes.
· B & J Catering, Inc., was listed on the Qualifier Acknowledgment on the
lien titled "Name of Vendor"
· It is not unusual to request corporate name clarification from individuals
and companies entering into contracts with the City. It is common for
individuals operating as corporations to disregard the level of formality
which the City seeks at time of contract.
Allegation:
B & J has no letter of transmittal
· The City does not require a letter of transmittal with the Qualifier
Acknowledgement.
Allegation:
B & J had no reference listed
· Five references are listed on page 9
3
City Commission Agenda 4/21/09
XII Legal
E.2.
Allegation:
B & J had no menu and prices listed
· A menu (from the Sand Dollar Cafe) with prices was provided
4