Agenda 09-14-09
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
SEPTEMBER 14, 2009
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
,
!
Woodrow Hay
Vice Mayor - District II
Jose Rodriguez
Commissioner- District III
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
DISTRI T I
Janet M. Prainito
City Clerk
www.boynton-beach.org
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Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
September 14, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Public Hearing on Fire Assessment
a. Adoption of Proposed Resolution No. R09-128 Re: Relating to the
provision of Fire Rescue Services, facilities and programs in the City of Boynton
Beach, Florida imposing fire rescue assessments against assessed property
located within the City of Boynton Beach for the fiscal year beginning October 1,
2009; approving the rate of assessment; approving the assessment roll; and
providing an effective date.
1st Budget Public Hearing for Fiscal Year 2009/10
a. Proposed Resolution No. R09-129 Re: Adopting the
Proposed Millage Rate for Fiscal Year 2009/10
b. Proposed Resolution No. R09-130 Re: Adopting the
Tentative Budget for Fiscal Year 2009/10
II. OTHER:
A. Informational Items by Members of the City Commission
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Agenda
City Commission
Boynton Beach, FL
September 14, 2009
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
None
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board EXDiration Date
Weiland Arts Commission Reg 3 yr term to 12/11
I Weiland Bldg. Bel. of Adj. & Appeals Alt 1 yr term to 12/09
Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3)
I Weiland Cemetery Board Alt 1 yr term to 12/09 (Tabled 2)
Mayor Taylor Cemetery Board Reg 3 yr term to 12/09 (Tabled 3)
II Hay Code Compliance Board Alt 1 yr term to 12/09 (Tabled 2)
IV Ross Community Relations Bd. Reg 3 yr term to 12/10
III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10. (Tabled 3)
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09
Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09
II Hay Library Board Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Library Board Alt 1 yr term to 12/09
III Rodriguez Planning & Development Bd. Alt 1 yr term to 12/09 (Tabled 3)
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Agenda
City Commission
Boynton Beach, FL
September 14, 2009
Mayor Taylor
I Weiland
Recreation & Parks Adv. Bd.
Recreation & Parks Mv. Bel.
Reg
Reg
3 yr term to 12/10
3 yr term to 12/11
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - September 1, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award piggyback of Palm Beach County Annual Traffic Signal
Construction Contract project #2009055 which was awarded to Gerelco
Traffic Controls, Inc. of Port St. Lucie, FL for the construction of the
traffic signal at the intersection of Gateway Boulevard and Quantum
Boulevard for a total cost of $248,887.28, which includes a 5%
contingency. (Proposed Resolution No. R09-131)
2. Approve purchase of 26 panasonic ToughBook computers from More
Direct in the amount of $46,577.70, replacing the existing laptops that
are currently out of warranty.
C. Resolutions
1. Proposed Resolution No. R09-110 RE: Approving the
amendment of Resolution R09-110 to reflect the Florida Housing Finance
Corporation's interpretation of its recapture requirements to bring them in
line with FHA standards.
2. Proposed Resolution No. R09-132 RE: Approving and
authorizing execution of an application and agreement for Library State
Aid Grant.
3.
Proposed Resolution No. R09-133
subordination of the City of Boynton
Warren, residing at 2071 N.W. 2nd Street
RE: Approving the
Beach mortgage for Wendell
4. Proposed Resolution No. R09-134 RE: Approving and
authorizing execution of an agreement with Counseling Services
Institute, Inc., (CSI), the City's current Employee Assistance Program
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Agenda
City Commission
Boynton Beach, FL
September 14, 2009
(EAP) provider, for confidential professional employee assistance services
to the City of Boynton Beach employees and their dependents, for an
estimated annual expenditure of $10,800.
5. Proposed Resolution No. R09-135 RE: Approving and
authorizing execution of Amendment No.2 to Task Order U08-01-05 for
ARCADIS U.S., Inc. in the amount of $185,700 with a 5% contingency of
$9,285 for a total expenditure of $194,985 for engineering services for
the replacement of the vacuum filter at the East Water Treatment Plant.
6. Proposed Resolution No. R09-136 RE: Approving and
authorizing execution of a three year lease agreement between the City
of Boynton Beach and Ellie's Catering, Inc. for the concession operations
at the City Library Cafe; authorizing staff to act as general contractor to
construct the improvements and award purchase orders to the lowest
bidders per trade; approve a construction budget in the amount of
$104,452 plus a 10% contingency plus $48 for a total project budget of
$115,000; authorizing an interfund loan at the annual rate of 3%;
authorizing amendment to the City Capital Improvement Plan for fiscal
year 2008/2009.
7. Proposed Resolution No. R09-137 RE: Approving and
authorizing execution of a contract with Special Teams LLC (Donna
Brosemer) for completion of annexation project via Interlocal Service
Boundary Agreements (ISBA), Educational Advisory Board Services,
Economic Development Program support and for other activities as
authorized by City Manager or requested by the City Commission.
D. Approve the return of cash surety for site-restoration on the Estates of Heritage
Club PUD, in the amount of $26,554.
E. Approve the updated Library Long Range Plan for 2009-2012.
F. Accept the written report to Commission of purchases over $10,000 for the
months of July and August, 2009.
G. Accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility
Fund) for the eleven months ended August 31, 2009.
H. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" and allow for the auction of
the items.
I Authorize the use of $1,000 for the Community Caring Center, $350 for the
Caridad Center and $1,000 for the Schoolhouse Children's Museum from
Commissioner Ross's Community Investment funds.
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Agenda
City Commission
Boynton Beach, FL
September 14, 2009
J. Authorize the use of $2,400 from Commissioner Weiland's Community
Investment Fund to assist The Dancer's Alchemy, Inc. and $2,500 for the Jayne
E. Miller Nursing Scholarship Fund.
K. Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund
to assist the Schoolhouse Children's Museum and $800 for the Boynton Woman's
Club.
L. Authorize the use of $1,500 to The Children's Fund/Hispanic Human Resources
Council from Commissioner Rodriguez's Community Investment Fund.
M. Authorize the use of $1,750 from Commissioner Rodriguez's Community
Investment Fund to assist the Colonial Club Section I and II with re-Iandscaping
of Clubhouse and pool.
N. Authorize the use of $825 for the Community Caring Center and $825 for the
Caridad Center from Commissioner Rodriguez's Community Investment Funds.
O. Authorize the use of $1,500 for Sterling Village HOA from Commissioner
Rodriguez's Community Investment Funds.
P. Authorize the use of $1,500 for the Boynton Isles Neighborhood Association from
Commissioner Rodriguez's Community Investment Fund.
VII. CODE COMPLIANCE &. lEGAL SETTLEMENTS:
A. Approve negotiated settlement agreement in the amount of $16,000 in the case of
Jimmy Gray vs. City of Boynton Beach.
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:
Casa del Mar (SPTE 09-010)
Bonnie Miskel of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP
Lancore Nursery, LLC
2632 North Federal Highway
Request for a third year site plan time extension for a new site
plan (NWSP 06-015) and height exception (HTEX 06-007)
approved on July 18, 2006, thereby further extending site plan
and height exception approval including concurrency certification
from July 18, 2009 to July 18, 2010.
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Agenda
City Commission
Boynton Beach, FL
September 14, 2009
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
Women's Circle Office &. Classrooms (ZNCV 09-002)
Larry Winker, AIA
Sister Lorraine Ryan, Women's Circle Inc.
912-914 SE 4th Street
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section 11.1.2.
requiring that off-street parking spaces be located within 300 feet
of the subject use and be owned by the subject property owner,
to allow the minimum required four (4) parking spaces to be
located off-site within 300 feet, except on property not owned by
the subject property owner, for a change of use from residential
duplex to general business office within a Community Commercial
(C-3) zoning district.
Pylon Interstate Plaza Phase II (SPTE 09-008)
Raymond Balassiano, A.1.A.
Woolbright Executive Center LLC
1501 Corporate Drive
Request for one (l)-year site plan time extension for conditional
use/major site plan modification (CO US 07-004/MSPM 07-007),
and height exception (HTEX 07-005) approved on November 20,
2007, thereby extending site plan approval from May 20, 2009 to
May 20, 2010.
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768
Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies
of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a
project cost of $1,967,947.88 with a 10% contingency of $196,794.79 for a total
project cost of $2,164,742.67. (Proposed Resolution No. R09-116) (Tabled
to October 6, 2009)
B. Approve piggyback on the City of Delray Beach contract bid #2002-37 with Chaz
Equipment of Wellington, FL to rehabilitate the City's wastewater gravity
manholes for a project cost of $256,314 with a 15% contingency of $38,447 for
a total project cost of $294,761.10. (Proposed Resolution No. R09-117)
(Tabled to October 6,2009)
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Agenda
City Commission
Boynton Beach, FL
September 14, 2009
C. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification from Medium Density
Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to
December 1, 2009)
D. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of
land located on the northwest corner of High Ridge Road and Miner Road from
Planned Unit Development (PUD) to M-1 Industrial District. (New Urban High
Ridge LUAR 09-001) (Tabled to December 1,2009)
XI. NEW BUSINESS:
A. Discussion regarding submission to referendum of the preservation and
redevelopment of the Old High School structure and site.
B. Discussion regarding designation of Ocean Avenue corridor from the Ocean
Avenue Bridge to Seacrest as Boynton Beach Old Town Area and authorize City
Attorney to prepare a resolution.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-040 Re: Establishing a
procedure to better identify and manage vacant and foreclosed properties
by holding mortgage holders responsible through registration and third
party administration.
2. Proposed Ordinance No. 09-041 Re: Amending
Section 16-61 and 16-62 providing administrative clarity and adding
language in the ordinance that requires advance notification when leaving
vehicles and/or trailers at the park for more than three (3) days by
patrons actively involved in fishing and/or boating activities.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
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Agenda
City Commission
Boynton Beach, FL
September 14, 2009
E. Other:
1. Authorize the City Attorney's Office to file a lawsuit to foreclose on Code
Enforcement Liens totaling $472,119.74 as of August 24,2009, held by
the City on real property owned by Ralph & Rosie, Inc., located at 2007
South Federal Highway.
2. Conduct impasse hearing to resolve Wage Article of Collective Bargaining
Agreement for fiscal year 2009-10.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MAPE BY THE cm COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT TIiIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.s.286.0105)
THE em SHAll. FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM! OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT PAM WELSH, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO TIiE PROGRAM OR ACTlVTIY IN ORDER FOR THE cm TO
REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 9/10/09 3:30 p.m.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Fonn Must be Date Final Fonn Must be Date Final Form Must be
Commission Meetine: Turned in to City Clerk's Turned in to LeQ:al Turned in to Procurement
Dates Office
n Seotember I, 2009 Au"ust 17, 2009 AUl!Ust 12, 2009 August 10. 2009
IX] Seotember 14, 2009 August 31. 2009 August 26. 2009 AUl!Ust 24, 2009
,"')
0 October 6, 2009 Sentember 14, 2009 Sentember 9. 2009 SeDtember 7, 2009 ~ '-1
(J') ~
0 October 20, 2009 October 6, 2009 Seotember 30,2009 Seotember 28. 2009 ~ -~.., '""
c
0 AnnouncementsIPresentations 0 "
NATURE OF 0 New Business
AGENDA ITEM 0
0 Code Com liance & Le 1 Settlements 0 Unfinished Business
ISI Public Hear;n 0
For Special City Commission Meetin2 of September 14. 2009
RECOMMENDATION: Motion to approve Resolution R09 -
Assessment Rate Resolution (Exhibit A).
for the approval of the Final FY 2009/20 I 0 Fire
EXPLANATION: On July 21, 2009 the City Commission adopted a Preliminary Fire Assessment Rate Resolution for
continuation of the Annual Fire Assessment Program.
In late August the Palm Beach County Property Appraiser's Office mailed TRIM notices informing property owners of the
assessment via their proposed property tax bill. A Notice of Hearing was also published in the Pahn Beach Post on August
20,2009 advertising the date and time the Commission would consider the adoption of the Final Rate Resolution (91l4/09).
The City Commission recognizes that the special assessment may create a hardship on certain residential property owners in
the City. Therefore the Final Rate Resolution provides a means whereby property owners may request a total or partial waiver
of the assessment through an application review process. A copy of the application and criteria are attached as Exhibit B.
This information has been posted on the City's website and BBTV.
PROGRAM IMPACT: A Public Hearing is required under state law to consider the adoption of the Final Fire Assessment
Rate Resolution. At this Hearing, the City Commission will make a final decision on moving forward with the Fire
Assessment Program and will establish the rates accordingly.
FISCAL IMPACT: Residential dwellings will be assessed at $68 per dwelling unit. Commercial Buildings at $0.16 per sq.
ft., IndustriaJ/Warehouse at $0.04 per sq. ft., Institutional and Nursing homes assessed at $0.17 per sq. ft. There is a 77,001
sq. ft. cap on non-residential buildings. Estimated Net Revenue: $3,856,652.00.
AL TERNA TIVES: Not approve the Final Fire Assessment Rate Resolution and fund fire assessment line items with General
Funds or reduce the level of fire service.
Attachments:
Exhibit A - Final Fire Assessment Rate Resolution with tbree appendices
Exhibit B - Copy of Fire Assessment Application for Determination of Eligibility for H.E.L.P (Hardship Extension
Loan Program)
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Exhibit A
CITY OF BOYNTON BEACH, FLORIDA
FINAL ASSESSMENT RESOLUTION
ADOPTED SEPTEMBER 14, 2009
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITy.............................. .................... ..3
SECTION 2. DEFINITIONS AND INTERPRETATION ............................ .3
SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS ........ ......... ." 3
SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION... 5
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION ........................... ..... 6
SECTION 6. HARDSHIP WAIVERS OR DEFERRALS ............................ .....6
SECTION 7. CONFLICTS..................................................................................... ..... 9
SECTION 8. SEVERABILITy......................................................... ......... ............... 9
SECTION 9. EFFECTIVE DATE ................................................................... 9
APPENDIX A AFFIDAVIT OF MAILING.......................................................A-l
APPENDIX B PROOF OF PUBLICATION .................................................. B-]
APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM
ASSESSMENT ROLL ............................................................................................ . e-l
RESOLUTION NO. 09-_
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES,
4 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON
5 BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS
6 AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY,
7 FOR THE FISCAL YEAR BEGINNING OCTOBER I, 2009;
8 APPROVING THE RATE OF ASSESSMENT; APPROVING THE
9 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A
10 PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF
11 ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL
12 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY A
13 COMMITTEE, AND ELIGIBILITY CRITERIA FOR SUCH
14 WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the City Commission of Boynton Beach, Florida (the "City
18 Commission"), has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the
19 imposition of Fire Rescue Assessments for the rescue services, facilities, and programs
20 against Assessed Property located within the City; and
21 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
22 facilities, and programs each fiscal year is an equitable and efficient method of allocating
23 and apportioning the fire Rescue Assessed Cost among parcels of Assessed Property; and
24 WHEREAS, the City Commission desires to implement a Fire Rescue
25 Assessment program and impose a Fire Rescue Assessment in the City using the
26 procedures provided by the Ordinance, including the tax bill collection method for the
27 fiscal Year beginning on October 1,2009; and
28 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution
29 No. R08-076 (the "Initial Assessment Resolution"); and
30 WHEREAS, the City Commission, on July 21, 2009, adopted Resolution No. 09-
31 106 (the "Preliminary Assessment Resolution"); and,
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WHEREAS, the PreliminaT) Assessment R.esulutlUn euntain, JI1J rc:ference, d
brief and general description of the tire rescue services, facilities, and programs Ie, be
provided to Assessed Property: describes the method of apportioning the Fire Rescue
Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facihties,
and programs against Assessed Property: estimates rates of assessment: and directs the
updating and preparation of the Assessment Roll and provision of the notice required bv
the Ordinance; and
WHEREAS, m order to impose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 2009, the Ordinance requires the City Commission to adopt a Final
Assessment Resolution. which establishes the rates uf assessment and approves the
Assessment Roll for the upcoming Fiscal Year, with such amendments as the Citv
Commission deems appropriate. after hearing comments and objections of all interested
parties: and
WHEREAS, the Assessment Roll has heretofore been made available for
inspection by the public. as required by the Ordinance; and
WHEREAS, notice of a public hearing has been published and mailed, as required
by the terms of the Ordinance, which provides notice to all interested persons of an
opportunity to be heard; an Affidavit of Mailing being attached hereto as Appendix A and
the Proof of Publication being attached hereto as Appendix 13;
WHEREAS, the City Commission recogl11zes that the special assessment may
work a hardship on certain residential property owners in the City. and desires to provide a
means whereby affected property owners may request a total or partial waiver ot the
special assessment for hardship: and
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WHEREAS, a public hearing was held on September 14, 2009, and comments
and objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance
No. 08-017; Resolution No. R08-076; Resolution No. R09-106; Article VIII, Section 2,
Florida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable
provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
constitutes the Final Assessment Resolution as defined in Ordinance.
SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
(A)
The parcels of Assessed Property described in the Assessment Roll, which
is hereby approved, are hereby found to be specially benefited by the provision of the fire
rescue services, facilities, and programs described or referenced in the Preliminary
Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the
Assessment Roll, a copy of which was present or available for inspection at the above
referenced public hearing and is incorporated herein by reference. It is hereby ascertained,
determined, and declared that each parcel of Assessed Property within the City will be
specially benefited by the City's provision of fire rescue services, facilities, and programs
in an amount not less than the Fire Rescue Assessment for such parcel, computed in the
manner set forth in the Preliminary Assessment Resolution. Adoption of this Final
Assessment Resolution constitutes a legislative determination that all parcels assessed
derive a special benefit in a manner consistent with the legislative declarations,
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determinations and findings as set forth in the Ordinance, the Prelirninar~ :-\sseSSiTh.'nt
Resolution, and this Final Assessment Resolution from the fire rescue senlces, facililles,
or programs to be provided and a legislativc determination that the Fire Rescue
Assessments are fairly and reasonably apportioned among the properties that receive the
special benefit as set forth in the Preliminary Assessment Resolution.
(B) The method for computing Fire Rescue Assessments described and
referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel
Apportionment methodology described in Appendix F of the Preliminary Assessment
Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby
approved.
(C) For the Fiscal Year beginning October 1,2009, the estimated Fire Rescue
Assessed Cost to be assessed is $3,856,652.00. The Fire Rescue Assessments to be
assessed and apportioned among beneJited parcels pursuant to the Cost Apportionment and
Parcel Apportionn1ent to generate the estimated Firc Rescue Assessed Cost for the Fiscal
Year commending October 1,2009. are hereby established as follows:
Rate Per Dwelling L1nit
$680U
Rate Per Square Foot
$.Ql-"_ ____________
$(),04
'bU :-.
$0. :--
._____.___~_.._.. ~__ .u.,_~~.___
Propertv Use Category
Residential
Non-Residential Propertv Use Categories
CommercIal
Industrial!Warehouse
Institutional
Nursing Home
(D)
The above rates of assessment are hereby approved,
Fire Rescue
18 Assessments for fire rescue services, facilities, and programs in the amounts set forth in the
19 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of
20 . Assessed Property described in such ASSeSS111ent RulI f\){ the Fiscal Year beginning
21 October 1. 2009.
Page 4 01'9
1
(E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment
shall be imposed upon a parcel of Government Property or upon a parcel of Institutional
Property whose use is wholly exempt from taxation under Florida law.
(F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any
reduction or exemption from payment of the Fire Rescue Assessments required by law or
authorized by the City Commission shall be supplemented by any legally available funds, or
combination of such funds, and shall not be paid for by proceeds or funds derived from the
Fire Rescue Assessments.
(G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
Assessments are also levied and imposed against all property for which a Building Permit is
issued after adoption of this Final Assessment Resolution based upon the rates of
assessment approved herein.
(H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property
so assessed equal in rank and dignity with the liens of all state, county, district, or municipal
taxes and other non-ad valorem assessments. Except as otherwise provided by law, such
lien shall be superior in dignity to all other liens, titles and claims, until paid.
(I) The Assessment Roll, as herein approved, shall be delivered to the Tax
Collector for collection using the tax bill collection method in the manner prescribed by the
Ordinance. The Assessment RoIL as delivered to the Tax Collector, shall be accompanied
by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached
hereto as Appendix C.
SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT
RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed.
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SECTION 5. EFFECT OF ,"_DOPTlON OF RESOLlITlON. !he adoptIon >!
this Final Assessment Resolution shall be the final adjudication of the issues presented
(including, but not limited to. the detem1ination of special benefit and fair apportionment to
the Assessed Property, the method of apportionment and assessment. the rate of assessment.
the Assessment Roll and the levy and lien of the Fire Rescue Assessments). unless proper
steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days
from the date of this Final Assessment Resolution.
SECTION 6. HARDSHIP WAIVERS OR DEFERRALS.
(A)
The City Commission of the City of Boynton Beach, Florida hereby
continues its program for qualified individuals who need financial assistance to pay all or
part of the Fire Rescue Assessment levied on their property or who seek deferral of payment
of all or part of the Fire Rescue Assessment on their propert~.
(B)
The City's progran1 for financial assistance shall be commonly referred to
as HELP.. Hardship Extension Loan Program. The following types ofiinancial assistance
are available, based upon need:
1.
Relief from all payments of an annual Fire Rescue Assessment.
"
Relief ii-om a portion of payments (If an annual Fire Rescue
Assessment.
3.
Deferral of payments of an annual Fire Rescue Assessment,
4. Deferral of a portion of payments of an annual Fire Rescue
Assessment.
(C)
The following individuals are eligible for financial assistance,
1.
Residential Property Owners who meet 2009 HHS Poverty
Guidelines.
Pag~ 6 oft)
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2. Residential property owners that are exempt from ad valorem
taxation pursuant to the following Florida Statutes are eligible to
apply for a Hardship Waiver or Deferral:
a. Section ] 96.081, Florida Statutes (totally disabled veterans
and surviving spouses of veterans);
b, Section 196.091, Florida Statutes (disabled veterans confined
to wheelchairs);
c. Section 196.]01, Florida Statutes (totally and permanently
disabled persons).
3. Residential Property Owners that qualify for the additional
homestead exemption for persons 65 and over authorized pursuant
to Section 196.075, Florida Statutes are also eligible to apply for the
Hardship Waiver.
4. Residential Property Owners that are qualified under the Florida
Homestead Property Tax Deferral Act, Section 197.242, et aI.,
Florida Statutes.
(D)
Eligible Residential Property Owners may submit an application for a
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Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department.
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The Application shall include the following:
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1.
Documentation demonstrating eligibility for the Hardship Waiver or
Deferral through one of the criteria from exemptions listed in
Section C above;
2.
A copy of the Tax Bill for the subject property;
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3.
Description of the facts and circumstances of the hardship.
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(E)
All Applications for the Hardship Waiver or Deferral must be received by
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the City's Finance Department on or before November I of each year in order to be
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considered for the currently billed assessment. For example, all Hardship Waiver or
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Deferral Applications for the Fire Rescue Special Assessment for the Fiscal Year
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commencing October 1,2009, must be received on or before November 1,2009.
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Unce received. all applications shall be IT"'lt'wed l1y 8. 1-lardshq-,V'\!l" cr RL'\ 11'\"
Committee:
(F)
applicant.
(0)
1.
The Committee shall be comprised of three (31 members:
a. City Manager. or his or her designee;
b. City's Finance Director. or his or her designee: and
c. Member appointed by City Commission.
~
L.
The Committee shall review the facts and circumstances to
determine whether a hardship exists to warrant a partial or total
waiver of the special assessment levied upon the applicant's real
property or a deferral of payment of such.
3. The concurrence of a majority of the members of the Committee
shall be necessary to grant a partial or totaL waiver or deferral of
payment of the special assessment.
4. The decision ofthe Committee is finaL
The Committee shall render a written decision and provide such to the
If a partial or total waiver or deferral is granted by the Committee, the
Finance Director shall ensure appropriate documentation is provided to the Tax Collector as
to the revised amount of the assessment as to the applicant,
(H)
(1)
(J)
fiscal year.
(K)
An applicant may apply for a Hardship 'Naiver as to one property only.
An applicant must apply for the Hardship Waiver on an annual basis,
A deferral may be granted for no longer than the end of the then current
When financial assistance is granted pursuant to the HEL.P. program. the
City shall pay on behalf of the individual who has been granted assistance by the
Committee all or part of the Fire Rescue Assessment not paid by the individual. The City
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Commission shaH appropriate from general funds a sufficient amount to insure timely
payment of an assessment when assistance is warranted.
SECTION 7. CONFLICTS. All resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 8. SEVERABILITY. If any clause, section, other part or application of this
resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 9. EFFECTIVE DATE.
This Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 14th day of September, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Gerald Taylor
ATTEST:
Vice Mayor - Woodrow L. Hay
Janet M. Prainito, CMC
Commissioner - Ronald Weiland
(CORPORATE SEAL)
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
H:\1990\900182.BB\Fire Assessment\20Q9 Final Assessment Resolution.doc
Page 9 0[9
APPENDIX A
AFFIDAVIT OF MAILING
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Sandi Melgarejo, who, after being duly sworn, depose and say:
1. Kurt Bressner, as City Manager of the City of Boynton Beach, Florida
("City"), pursuant to the authority and direction received from the City Commission,
timely directed the preparation of the Assessment Roll and the preparation, mailing, and
publication of notices in accordance with Sections 2.03, 2.04, and 2.05 of Ordinance
No. 08-071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance") in
conformance with the Preliminary Rate Resolution adopted by the City Commission on
July 21, 2009 (the "Preliminary Rate Resolution") .
2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws
of Florida, as amended by Chapter 2003-348, Laws of Florida (collectively, the "Special
Act"), Mr. Bressner timely provided all necessary information for notification of the Fire
Rescue Assessment to the Property Appraiser of Palm Beach County to be included as
part of the notice of proposed property taxes under section 200.069, Florida Statutes,
the truth-In-millage notification. The information provided to the Property Appraiser to
be included on the truth-in-millage notification included the following: the Fire Rescue
Assessment rate expressed in dollars and cents per billing unit, the associated Fire
Rescue Assessment amount, and the purpose of the Fire Rescue Assessment.
3. Because the assessment was being levied against newly affected property
owners for the first time for Fiscal Year 2009-2010, additional notice by first class mail to
the Owner of each newly affected parcel of Assessed Property was also required by the
Assessment Ordinance and the Special Act
4. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the
additional mailed notices required by Section 2.05 of the Assessment Ordinance to be
prepared in conformance with the Preliminary Rate Resolution An exemplary form of
such notice is attached hereto. GSG has caused such individual notices for each
affected property owner to be prepared and each notice included the following
information: the purpose of the assessment; the total amount proposed to be levied
against each parcel; the unit of measurement to be applied against each parcel to
determine the assessment; the number of such units contained within each parcel; the
total revenue the City expects to collect by the assessment; a statement that failure to
pay the assessment could result in foreclosure proceedings against the property as well
as the initiation of proceedings to compel payment by any means authorized by law,
including the collection of any delinquent amounts on a subsequent years' tax bill,
which, if not paid, would cause a tax certificate to be issued against the property which
may result in a loss of title; a statement that all affected property owners have a right to
appear at the hearing and to file written objections with the local governing board within
20 days of the notice; and the date, time, and place of the hearing.
3. On or before August 24, 2009, GSG caused the mailing of the above-
referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and
the Preliminary Rate Resolution by First Class Mail to each affected owner, at the
addresses then shown on the real property assessment tax roll database maintained by
the Palm Beach County Property Appraiser for the purpose of the collection of ad
valorem taxes,
FURTHER AFFIANTS SAYETH NOT.
u~~
Kurt Bressner, affiant
...-/j
, "'---~
sandi'~lgarejO,' affiant
-~-
STATE OF FLORIDA
COUNTY OF PALM BEACH COUNTY
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
.;z. day of ~ 2009 by Kurt Bressner, City Manager, City of Boynton
Beach, Florida. e is personally known to me or has ~roduced as
identification and did take an oath NOTARYPt'l\LlC.STA,~OFFL0RlDA
. .,........."" Pamela Welsh
~. J Co~mission #DD754091
",,,,,,,,.... BxpIres: JAN. 31, 2012
>ONll'''P!"' n(f~"v"vv," .~';,., h
~, nn e ame:~ .,"e.tri Weo~5
Notary Public, State of Florida
At Large h
My Commission Expires: I . 1/,;101 ;l.
Commission No.: t:J D ?S'7'a 9/
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
~"1+k day of _~s+ , 2009 by Sandi Melgarejo, Proj . overnment
Services Group, I ., a Florida corporation. She i ersonally known to me or has
produced as identification and did take an oath.
~~, J. WENDY WIlliAMS
W"i :-1 CommiSSion DD 787547
'! Expttes May 12.2012
II 8clndIi:lnwrltlYFllirrlillulMClflOO-385.101P
-f V,J" ~J,. ti~~ ~ r:~
~nnted Name: ..I.~ tW, .~S
Notary Public, State of Florid
At Large ~ ~
My Commission Expires: S I;}., j,O{:I
Commission No.: CD 7875'f7
City of Boynton Beach
Post Office Box 310
Boynton Beach Florida 33425-0310
I Ii- E;O{NTDN BEA".:",; i ()F~]DA
NOTIC~ OF HEARING TO IMPOSE AND PROV'lH
FOR COLLECTION OF FIRE RESCUE
NON-AD VALOREM ASSESSMENTS
NOTICE DA TI= AUGU~,T 24 2009
1950 CONGRESS AVENUE LLC
SEMBLER FAMILY PRTNRSHP #35 C/O
5858 CENTRAL AVE
SAINT PETERSBURG FL 33707 1728
Tax Parcel #: 08434520290030010
Sequence Number' BBF-00009
Legal: BOYNTON TOWN CENTER PCD C3-PAR 1 KIA
FUTURE DEV
. . . . . NOTICE TO PROPERTY OWNER' . . . .
As required by Section 197.3632, Florida Statutes, and City Ordinance No. 2008-017, notice is given by the City of Boynton Beach that an
annual assessment for fire rescue services using the tax bill collection method may be levied on your property for the fiscal year October 1,
2009 - September 30, 2010. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No. 01-34, as amended,
which Ordinance sunset on September 30, 2008. The City adopted Ordinance No, 08-017 to provide for reenactment of the fire rescue special
assessment within the City commencing with the 2008-2009 Fiscal Year. The purpose of this assessment is to fund fire rescue services
benefiting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within
the City of Boynton Beach is estimated to be $3,857,841. The annual fire rescue assessment is based on the classification of each parcel of
property and number of billing units contained therein,
. c;ate~ory_
Commercial
Type and Number
of Billing Units
------------
3,368 square feet
~_._~----
Total Assessment:
Fiscal Year 09-10
Assessment
$53888
$538.88
The maximum annual fire rescue assessment for the above parcel for Fiscal Year 2009~2010 and future fiscal years is $538.88.
A public hearing will be held at 6.30 p.m. on September 14, 2009, in the City Commission Chambers, City Hall, 100 East Boynton Beach
Boulevard. Boynton Beach, Florida, for the purpose of receiving public comment on the proposed assessments. You and all other aflected
property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you
decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you wjll need a record of the
proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be
made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this
proceeding should contact the City Clerk's office at (561)742-6060, at least three days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at
the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
80pies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the preliminary assessment roll are available for
nspection at the City Clerk's office in City Hall. located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
"ursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida, a special act relating to the County. notice of
:he fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property
.axes under Section 200.069, Florida Statutes, the truth-in-millage notification.
30th the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected
)n the ad valorem tax bill mailed in November Failure to pay the assessments will cause a tax certificate to be issued against the property
Nhich may result in a loss of title
f there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please
oontact the Finance Department at (561)742-6310, Monday through Friday between 9:00 a.m. and 5'00 p,m.
. . * . . THIS IS NOT A BILL' * . . .
APPENDIX B
PROOF OF PUBLICATION
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICA nON
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Ellen Sanita, who on oath
says that she is Call Center Revenue Manager of The Palm Beach Post, a daily
and Sunday newspaper, published at West Palm Beach in Palm Beach County,
Florida; that the attached copy of advertising for a Notice in the matter of Fire
Rescue Assessment was published in said newspaper in the issues of AUl!ust 20,
2009. Affiant further says that the said The Post is a newspaper published at
West Palm Beach, in said Palm Beach County, Florida, and that the said
newspaper has heretofore been continuously published in said Palm Beach
County, Florida, daily and Sunday and has been entered as second class mail
matter at the post office in West Palm Beach, in said Palm Beach County,
Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she/he has neither
paid nor promised any person, firm or corporation any discount rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. Also published in Martin and St. Lucie
Counties.
eJ
Sworn to and subscribed before 20" day of August, A.D. 2009.
Weo ;.; ",'00." koow",o me -/{1l h hllf-J ~
NOTARY PllBUC-STATE OF FLORIDA
;"........ Karen M. McIlnton
t)d\Commission #DD832672
'~..1 Expires: NOV. 15, 2012
BOIIDEIl TllllU ATLAlmC BONDING co., !Nt:.
APPENDIX C
FORM OF CERTIFICATE
TO
NONcAD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized
agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all
property included or includable on the non-ad valorem assessment roll for fire rescue services
(the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been
able to ascertain; and that all required extensions on the above-described roll to show the non-ad
valorem assessments attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection
Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered
to the Palm Beach County Tax Collector by September 15, 2009.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be
delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad
Valorem Assessment Roll, this _ day of .2009.
CITY OF BOYNTON BEACH, FLORIDA
BY:
Mayor, Jerry Taylor
[To be delivered to Palm Beach County Tax Collector by September 15]
City of Boynton Beach, Florida
Fire Assessment Application for Determination of Eligibility for H.E.L.P.
FISCAL YEAR 2009-2010
AME.
(FIRST)
(LAST)
SOCIAL SECURITY NUMBER:
ADDRESS:
TELEPHONE #
(STREET)
(CITY)
(STATE)
(ZIP)
FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE
AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED:
(NAME)
(AGE)
(RELATIONSHIP)
(NAME)
(AGE)
(RELATIONSHIP)
I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA
CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P.
(Provide a copy of your2009 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments)
(PLEASE CHECK THE APPROPRIA TE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.)
o I am a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida
Statutes Section 196.081.
(Provide copy of disability letter from the government or a physician)
o I am the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem
taxes pursuant to Florida Statutes Section 196.081.
(Provide copy of disability letter from the government or a physician)
o I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes
pursuant to Florida Statutes Section196.091.
(Provide copy of disability letter from the government or a physician)
o I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to
Florida Statutes Section 196.101.
(Provide copy of disability letter from the government or a physician)
o I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on
Page 2 of this Application.
(Provide a copy of your last two (2) years (2007 & 2008) Federal Income Tax Forms)
OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST (2) YEARS
(Provide a copy of your last three (3) months bank statements for all accounts)
'\JOTE: The City may require additional information to determine eligibility.
(Please complete and sign Page 2 of this Application)
Fire Assessment Application for Determination of Eligibility for H.E.L.P,
Page 2
Please explain the financial hardship that makes it difficult or impossible for you to pay this year's
Fire Assessment Amount as ievied on the attached Notice from Palm Beach County,
Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and
correct in order to determine my eligibility for H.E.L.P,
Applicant's signature
Date
DETERMINING IF YOU MEET HHS POVERTY GUIDELINES
2009 HHS Povertv Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE I
Size of Poverty Income used to calculate if you meet poverty
Familv Unit Guideline level status includes the following sources:
1 $ 10,830
. ,
2 $ 14,570 Wages, unemployment compensation, Social
3 $,j8,311) Security, Supplemental Social Security
4 $ 22,050 Income, public assistance, veterans'
5 $ 25,790 payments, survivor benefits, pension or'
6 $ 29,530
7 $ 33,270 retirement income, interest, dividends, rents, I
8 $ 37,010 royalties, income from estates, trust,
For each additional person, add $ 3,740 educational assistance, alimony, child support,
Source: Federal Register, Vol. 74, No. 14, assistance from outside the household, and
other miscellaneous sources. ,
January 23,2009, pp. 4199-4201 .-..-- ,__J
CITY REVIEW PROCESS:
:;.. Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310,
Boynton Beach FL 33425-0310 postmarked or delivered no later than November 1, 2009.
y The Hardship Waiver Review Committee reviews application. The Committee includes the City Manager
or designee, the Finance Director or designee and a third member appointed by the City Commission,
>- The Committee's decision to grant a waiver or deferral must be by a majority vote of the Committee.
:,. Once the Committee makes a determination, the applicant will be notified in writing of the Committee's
decision. The decision of the Committee is final.
I PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2009 TAX !
NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX I
CHECKED ON PAGE 1 OF THIS APPLICATION TO:
City of Boynton Beach
Financial Services Department
P.O. Box 310 -100 East Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
(561) 742-6310
MILLAGE RATE
e
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Form Must be
Meetinp Dates in to City Clerk's Office Turned in to Legal Turned in to Procurement
0 September I, 2009 Auoust 17. 2009 Au.rust \2, 2009 Aul!Ust 10, 2009
E September 14. 2009 Auoust 31, 2009 Au.rust 26, 2009 Auj!Ust 24, 2009
r I
fur
0 AnnouncementsIPresentations 0 City ManlU!er's Reoor!
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent AQ:enda 0 Legal
n Code Comnliance & Lenl Settlements 0 Unfinished Business
IX] Public Hearing 0
RECOMMENDATION: Approve a Resolution adopting the proposed millage rate for the Fiscal Year 2009-201 O.
EXPLANATION: The procedure for fixing the budget and millage is established by Section 200.065, Florida Statutes. The
City customarily establishes its budget and millage rate by the adoption of resolutions. The resolution which follows this
Agenda cover sheet accomplishes the adoption of the millage rate.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:
J'7
~/~
City Mager's SIgnature
Departruent Name
~stant to City M~ger ~
" ~
City Attorney 1 mance
Financial Services
S:\Finance\Budget 2009-20 1 O\Agenda Item Requests\Agenda Item Request ~ Sep 14,2009 (Adoption of Millage Ratel.doc
II
,
RESOLUTION R09-
3
4
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA ADOPTING A PROPOSED MILLAGE RATE
FOR THE CITY'S GENERAL OPERATING FllND FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2009
AND ENDING SEPTEMBER 30, 2010 ANNOUNCING
THE PERCENT, IF ANY, THE PROPOSED MILLAGE
RATE EXCEEDS THE ROLLED-BACK RATE;
ANNOllNCING THE DATE, TIME AND PLACE OF THE
SECOND AND FINAL PUBLIC HEARING ON THE
BUDGET AND MILLAGE RATE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND PROVIDING AN
EFFECTIVE DATE.
5
6
7
8
q
10
])
12
13
]4
1 ,
]6
17
WHEREAS, a tentative budget has been prepared estimating expenditures and
18
revenues of the City of Boynton Beach, Florida, lor the ensuing year, with detailed
19
information, including revenues to be derived from sources other than ad valorem levy, and
20
the administrative staff of the City has made recommendations as to the amount necessary
21
to be appropriated for the ensuing year: and
22
WHEREAS, the City Commission has met and considered the recommendations,
0-
_J
the suggested lenlative budge!. and the proposed millage necessary to be levied 10 canv em
24
the government of the City for lhe ensuing year:
25
WHEREAS, the City of Boynlon Beach, Florida. has followed lhe procedures as
26
outlined in Florida Statutes Section 200.065: and
27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
29 ,I Section J. The foregoing "Whereas" clauses are hereby ratiiied and cllnJinned as
II
30 being true and coneet and are hereby made a specific par! of this Resolution upon adoplion
3 I hereof.
S.IC^\RESO\Budget\200G-l(l Budge(\Proro~ed millage- Scr1 ~()()li uoe
.,
Section 2.
The proposed Millage Rate for the 2009-2010 Fiscal Year shall be
2 7.3000 (for the General Fund).
3 Section 3. A copy of the tentative budget shall be published in one issue of a
4 newspaper published in Palm Beach County, Florida, and at the same time the public will be
5 notified of a public hearing to be held on the 22nd day of September, 2009, at 6: 30 P.M. for
6 the purpose of hearing objections or criticisms of the tentative budget and millage. This
7 meeting is for the purpose of setting a final tax levy and final budget.
8 Section 4. The proposed millage rate is 6.1 % below the computed rolled back
9 rate of 7. 7742.
10
Section 5.
If any clause, section, or other part of this Resolution shall be held by
] 1 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
12 invalid part shall be considered as eliminated and shall in no way affect the validity of the
13 other provisions of this Resolution.
Section 6.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this
day of 'ieplemner, 1009,
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Mayor - Jeny Taylor
Vice Mayor. WoodroVv L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
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Commissioner Marlene Ross
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28 Janet M. Prainito, CMC
29 City Clerk
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
TENTATIVE BUDGET
Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Form Must be
Meetinp Dates in to City Clerk's Office Turned in to Lepa! Turned in to Procurement
n Sentember I, 2009 Auwst 17, 2009 August 12, 2009 Auoust 10, 2009
IXI Sentember 14, 2009 Aul!Ust 31, 2009 August 26, 2009 Aupnst 24, 2009
0 AnnouncementsIPresentations ISI City Manlil!er's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Lepa!
0 Code Comoliance & Legal Settlemeots 0 Unfinished Business
0 Public Hearin" 0
RECOMMENDATION: Consider and approve the Resolutions (a) to adopt a tentative budget for all funds of the City and (b) the
ad valorem tax rate for the General Fund for the fiscal year beginning October 1,2009 and ending September 30, 2010. The fiscal
models attached include the financial impact of a wage increase for all employees effective April 2010. This reflects the PBA's
latest contract offer. This is contained in the PBA's letter dated August 3 1,2009 attached. In the event, through negotiations or the
impasse process the wage increase is eliminated, per the original policy direction of the City Commission, the impact would be an
expenditure reduction on the General Fund of $840,000. (See notes on Schedule 2 below).
EXPLANATION: The attached Resolutions contain the necessary amounts the City Manager is recommending that the City
Commission appropriate for all funds to carry on City government programs and services for the upcoming fiscal year. Each fund,
including the General Fund, contains revenues estimated from sources other than the ad valorem tax levy. In addition, General Fund
contains the ad valorem tax levy to balance the General Fund Budget. Details for all funds are provided in the budget document.
Staff recognizes all the attention at the Budget Workshops in July and the July 21,2009 Commission meeting was on the General
Fund in order to set the ad valorem tax rate. As the Commission will recall, staff prepared four (4) different budget models with
alternative tax rates generating different levels of ad valorem taxes, other proposed revenues and expenditures to balance the
General Fund budget under each tax rate.
Resulting from the budget workshops and discussions at the Commission meeting, staff modified the budget models reflecting
alternate ad valorem tax rates. Two models were deleted from further consideration.
. Model #2 - 7. I 794 Midpoint Rate
. Model #4-7.7742 Rolled- Back Rate
Three models continued, each with separate alternatives that reflect additional cost cutting measures identified.
. Model #1 - 6.4553 Current tax rate
. Model #3 - 7.3000 City Manager recommended tentative rate approved by the City Commission on July 21, 2009 along
with recommended expenditure reductions and reserves.
. Model #5 - 7.3000 Commission alternate proposal along with discussed expenditure reductions and reserves presented
on July 21,2009.
Schedule 1 - Summary of General Fund Revenues is the same for all models (to include recommended adjustments) with the
exception of ad valorem tax revenues under the two rates.
Schedule 2 - Summary of General Fund Expenditures varies by model. The reasons for the differences in the expenditure
reductions are noted parenthetically on Schedule 2. The items under the "Reserves" caption at the bottom are material in dollar
value and require further consideration by the Commission. All items are included in the tax rates for each model. (The
parenthetical amounts below represent the millage rate impact at $386,000 per 1/10 of a milL)
. $ 840,000 - Provision for the elimination of the wage freeze for all bargaining units and non represented employees (for
consistency not to cause division among staff members) for the second half of the fiscal year based on the
initial offer from the PBA. (0.2176)
. $1,188,000 - Provision for estimated debt service for only one-half year should the Commission decide to move ahead
with the new Police Facility. (0.3078)
S:\FinancelBudget 2009-2010\Agenda Item Requests\Agenda Item Request - Sep 142009 (Budget Appropriation) Final.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The tax rate impact varies by model #1, #3, #5, respectively, to produce a balanced budget ifall preceding items are recommended.
Due to the economic uncertainties, a provision for contingency is recommended: especially for further reduction of state-shared
revenues and sales taxes that the state has already estimated to decline by $200,000 since the Budget Workshop.
. $( 83,223) - Requires an added expenditure reduction or revenue increase in addition to proposed cuts. (+ 0.02161
. $ 695,202 - Reduction can reduce the tax rate up to (0.1801)
. $ 924, I 84 - Reduction can reduce the tax rate up to (0.2394 I
The attached Exhibits A to G (preceded by an explanation), provided to the Commission at the September], 2009 Commission
Meeting, reflect the General Fund Revenue and Expenditure Summary in the chronological sequence of the budget
recommendations, alternatives and adjustments to balance the budget.
PROGRAM IMP ACT: Model #3 and Model #5 have reduced impact on operating programs. However, capital programs are
impacted with the cutting and deferral of capital projects listed on Exhibit F.
FISCAL IMP ACT: Each Model notes the fiscal alternatives and the resulting ad valorem tax rate to balance the budget. The
Commission needs to approve any further changes in order to prepare a fmal budget recommendation for the Final Budget Hearing.
ALTERNATIVES: Each Model provides alternatives for the Commission's consideration. Model #1 keeps the millage rate at
current level and includes layoffs. Model #3 moves the millage rate to 7,3 or, with the imposition of a wage freeze, can reduce the
millage by $840,000 or to about 7.1. Model #5 moves the millage rate to 7.3, or with the imposition of a wage freeze can reduce
the millage by $840'0011US other incremental cuts totaling $ I 77 ,682 which would move the millage to also to about 7.1. Staff
does not recommend M el/b5. r-,
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(~. &u., ,I . {J,'),h \]\ -~ I-.A,- ix \, Q-<--<-.,- --,-
Department Head's Signature CIty Manager's Si ature
r,
City Manager's Office
Assis~ (0 City Manager
Department Name
City Attorney
I RESOLUTION R09-
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3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A
5 TENTATIVE BUDGET FOR THE FISCAL YEAR
6 BEGINNING OCTOBER 1, 2009, AND ENDING
7 SEPTEMBER 30, 2010; PROVIDING FOR
8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE
9 DATE.
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11 WHEREAS, a tentative budget has been prepared by the City Manager estimating
12 expenditures and revenues of the City for the ensuing year, with detailed information,
13 including revenues to be derived from sources other than ad valorem levy, and he has made
14 recommendations as to the amount necessary to be appropriated for the ensuing year; and
15 WHEREAS, the City Commission has met and considered the recommendations, the
16 suggested budget, and the proposed millage necessary to be levied to carry on the
17 government of the city for the ensuing year;
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA:
20
Section l.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for
24 the fiscal year beginning October I, 2009 and ending September 30, 2010, a copy of which
25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made
26 to maintain and carry on the government of the City of Boynton Beach, Florida. There is
27 hereby appropriated the sum of $7 I ,93 5 .667 .00 to the General Fund for the payment of
28 operating expenditures and necessary capital outlays for the City Government pursuant to
29 the terms of the above budget.
That there is hereby appropriated the sum of $ I 10,1 92.00 to the
30
Section 3.
31 interest and sinking fund for the general debt service for the purpose of paying the interest,
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principal and reserve due on the general obligation bonds of the City nOI subject 10 statulOry
exemptions and for redeeming such bonds as they mature.
Section 4.
That therc is hereby appropriated the sum of $3.253,500.00 10 the
Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the
above budgct.
Section 5.
That there is hereby appropriated the sum of $8,509.564.00 to the
Solid Waste Fund for the payment of operating expenditures and necessary capital outlays
Section 6.
That there is hereby appropriated the sum of $2,518.136.00 to the
Golf Course Revenue Fund for operating expenditures and necessary capital outlays.
Section 7.
That there is hereby appropriated the sum of $4.727.409.00 to the
Fleet Maintenance Fund for the payment of operating expenditures and necessary capital
outlays.
Section 8.
That there is hereby appropriated the sum of $1.126.700.00 to the
Loca] Option Gas Tax Fund for the payment of operating expenditures and necessary capital
outlays.
Section 9.
That there is hereby appropriated the sum of $27.692,618.00 to the
Water and Sewer Utility Fund for operating cxpenditures and neccssary capital outlay,
Section 10
That there is hereby appropriated the sum of $5,362,635.00 to the
Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and
Sewer Revenue Bonds.
Section]] That there is hereby appropriated the sum of $23,828,300.0U to the Water
and Sewer Utility Capital Improvement Fund for the payment of capital outlays pursllant to
the terms of the above budget.
Section 12.
That there IS hereby appropriated the sum of $322.199.00 to the
Warehouse Fund for the payment of operating expenditures and necessary capital outlays.
Section 13.
That there is hereby appropriated the sum of $376.U97.00 to Cemetery
Fund for the payment of operating expenditures and necessary capital outlays.
Section 14.
That there is hereby approprIated the sum of $8.693.4\5.00 to the
S.\l'A\RESO\Budgef\2009-1 U Budget.Reso CJ ent budgel- Sept 2()(j(-I 'IJ' Sl-OX-OIJ (hna\ l. npVI,do(
interest and sinking fund for general debt service for the purpose of paying the interest,
2 principal and reserve due on the public service tax bonds of the City not subject to statutory
3 exemptions and for redeeming such bonds as they mature.
4 Section 15. That there is hereby appropriated the sum of $2,971,159.00 to the
5 Self-Insurance Fund for the payment of operating expenditures.
6 Section 16. That there is hereby appropriated the sum of $278,555.00 to the
7 Transportation Fund for the payment of operating expenditures and necessary capital
8 outlays.
9 Section 17. That there is hereby appropriated the sum of $627,1 50.00 to the
10 Recreation Program Revenue Fund for the payment of operating expenditures and necessary
11 capital outlays.
12 Section 18. That there is hereby appropriated the sum of $530,040.00 to the
13 Community Improvements Fund for the payment of operating expenditures and necessary
14 capital outlays.
15 Section 19. That there is hereby appropriated the sum of$3.957,838.00 to the Fire
16 Assessment Fund for the payment of operating expenditures and necessary capital outlays.
17 Section 20. That there is hereby appropriated the sum of $146.627.00 to the
18 Public Arts Fund for the payment of operating expenditures and necessary capital outlays.
19 A copy of the tentative budget summary shall be published in one issue of a newspaper
20 published in Palm Beach County and at the same time the public will be notified of a public
21 hearing to be held on the 22nd day of September, 2009, at 6:30 P.M. for the purpose of
22 hearing objections or criticisms of the final budget and millage. This meeting is for the
23 purpose of setting a final tax levy and final budget.
24 Section 21. All delinquent taxes collected during the ensuing fiscal year as
25 proceeds from levies of operation millages of prior years are hereby specifically
26 appropriated for the use of the General Fund.
27 Section 22. If any clause, section or other part of this Resolution shall be held by
28 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
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S:\CA\RESO\Budget2009-IO BudgetReso Tent budget. Sept 2009 igl9-08-09 (Final CopYLdoc
or invalid prui shall be considered as eliminateu aIlu shall in Ilu way affect the validity ufthe
2 remaining portions of this Resolution.
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Section 23.
All Resolutions or parts of Resolutions in conflict herewith are hereby
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Section 24.
This Resolution shall become etlective immediately upon passage.
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PASSED AND ADOPTED this ____ day of September, 2009.
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Mayor - Jerry Taylor
Vice Mavor - Woodrow L Hay
Commissioner- Ronald Weiland
Commissioner Jose Rodriguez
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2S lanet M. Prainito, CMC
29 City Clerk
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Schedule 1
CITY OF BOYNTON BEACH
Summary of General Fund Revenues
Re
Based on 7-1-09 Final Taxable Values
Model #1 Model #3 Model #5
Current Rate Commission Alternate
Approved 7-21 Proposal 7-21
6.4553 7.3000 7.3000
venues & Transfers In:
Total Ad Valorem Tax Revenues INet of Discounts) $ 29,322,000 $ 32,755,000 $ 32,755,000
TLess TIF to CRA $ (4,064,000) $ (4,596,000) $ (4,596,000)
INet Ad Valorem Tax Revenues to the City $ 25,258,000 $ 28,159,000 $ 28,159,000
Other Estimated Revenues:
Franchise Fees $ 4,820,000 $ 4,820,000 $ 4,820,000
Licenses & Permits $ 2,257,000 $ 2,257,000 $ 2,257,000
Interaovemmenlal Shared Revenue $ 6,667,000 $ 6,667,000 $ 6,667,000
Charnes for Services $ 5,020,000 $ 5,020,000 $ 5,020,000
Interest & Other Revenues $ 1,148,000 $ 1,148,000 $ 1,148,000
TTolal Other Estimated Revenues: $ 19,912,000 $ 19,912,000 $ 19,912,000
Transfers From Other Funds
Local Option Gas Tax Fund $ 650,000 $ 650,000 $ 650,000
Recreation Programs Fund $ 95,000 $ 95,000 $ 95,000
Public Service Tax Debt Fund $ 6,050,000 $ 6,050,000 $ 6,050,000
Fire Assessment Fund $ 3,457,838 $ 3,457,838 $ 3,457,838
Water/Sewer Utility Fund $ 4,500,000 $ 4,500,000 $ 4,500,000
Golf Course Fund $ 45,000 $ 45,000 $ 45,000
Solid Waste Fund $ 930,000 $ 930,000 $ 930,000
Memorial Park Fund $ 12,000 $ 12,000 $ 12,000
Community Trust Fund $ 200,000 $ 200,000 $ 200,000
I Total Transfers From Other Funds $ 15,939,838 $ 15,939,838 $ 15,939,838
fTotal Estimated Revenues & Transfers From Other Funds $ 61,109,838 $ 64,010,838 $ 64,010,838
Recommended Adiustments
Revenues
Revenue Additions
EMS BillinaRevenue IncreaselUse of Collection Aaenev\ $ 400,000 $ 400,000 $ 400,000
Take Home Car Reimbursements $ 45,000 $ 45,000 $ 45,000
Enerov Block Grant $ 75,000 $ 75,000 $ 75,000
LibrEiiV Fines IAveraae Annual Revenues) $ 30,000 $ 30,000 $ 30,000
COPS GrantfFor 8 Police OfficerS) Year 1 of 3vears $ 617,000 $ 617,000 $ 617,000
Revenue Reductions
State Shared Revenues & Sales Taxes $ 1200,000 $ (200,000 $ (200,000
Police Red Lioht Cameras $ (300,000 $ (300,000 $ (300,000
Police Revenue from Services to CRA $ 150,000 $ (50,000 $ (50,000
Transfers From Other Funds
Transfer from Fleet Fund $ 1,500,000 $ 1.500,000 $ 1,500,000
Transfer from Canllal Projects Fund $ 3,144,000 $ 3,144,000 $ 3,144,000
Transfer from Solid Waste Fund (Increased to $2,430,000) $ 1,500,000 $ 1,500,000 $ 1,500,000
Transfer from Fire Assmt Fund (Increased to $3,798,0001 $ 339,698 $ 339,698 $ 339,698
IAnnronriation IReductloiif of General Fund Balance $ 3,500,000 $ 3,500,000 $ 3,500,000
otal Recommended Adjustments $ 10,600,698 $ 10,600,698 $ 10,600,698
I Revised Estimated Revenues & Transfers From Other Funds $ 71,710,536 $ 74,611,536 $ 74,611,536
C:\Documents and Settings\laverrierel\Local Settings\ Temporary Internet Files\OLK5B\ \ 3 Budget Options @ 6 4553 Current Rate 7 3000
Preliminary Rate (9-8).xls \ Sch 1 - Rev & Transfers
Schedule 2
<I'
CITY OF BOYNTON BEACH
Summary of General Fund Expenditures
Based on 7 -1-09 Final Taxable Values
Model #1 Model #3 Model #5
Current Rate Commission Alternate
Approved 7 -21 Proposal 7 -21
6.4553 7.3000 7.3000
Total Recommendad Expenditures & Transfers Out (Per Exhibit A) $ 71,935,667 $ 71,935,667 $ 71,935,667
Recommended Adiustments
Increased Exnendltures
Add Back 8 Police Officers (Included in COPS GranO $ 554,000 $ 554,000 $ 554,000
Add Back 7 Pollee Officers (Not Included in COPS GranO- $ 522,000 $ 522,000 $ 522,000
Add 6 Fire Fiohters - Station 5 (Funded with Fire Assessment) $ 340,626 $ 340,626 $ 340,626
Decreased Exnendltures
2% Pay Cut Across the Board - Subiect to CBA $ (775,923)' $ - $ -
Proaram and Resultina Staff Cuts (21 Filled Positions Per Exhibit Dl $ (1,346,652), $ - $ -
Eliminate President's Dav/Xmas Eve Holldav (Except Public Safety) $ (25,000) . $ (25,000 $ (25,000
4-Dav Work Week $ (140,000 $ (140,000 $ (140,000
Mat Packaae Chanae - end buyout of 4 days leave $ (172,000 $ (172,000 $ (172,000
End Lonaevitv Prooram (ExceotPollce & Fire) $ (48,000 . $ (48,000) $ (48,000
Telephone Audit $ (50,000) $ (50,000 $ (50,000
Out of State Travel $ 110,000) $ 110,000 $ (10,000
Medical; Dental & Vision Savinas $ 1380,215) $ (380,215 $ (380,215
Delete BOB National Site Consultant $ (1,000) $ 11,000 $ (1,000)
Other Prooosed Reductions
Business Meetings ICitv Manaaer Previouslv Reduced) $ - $ - $ (20,r
Publications (Citv Manaaer Previouslv Reduced) $ - $ - $ (12,&0_
Membershios (Citv Manaaer Previouslv Reduced) $ - $ - $ (20,874)
Eliminate Deferred Comoensation @ 100% (Condition of Emnlovment) $ - $ - $ (123,000)
Delete 10 Vacant Positions & Convert 2 to Shared Position
Electrician - Public Works Shared 50% with Utilities $ (39,550) $ (39,550 $ (39,550)
Sr. Crew Worker - Public Works $ (37,932) $ (37,932 $ (37,932)
Sr. Crew Worker - Public Works $ (37,932 $ (37,932) $ (37,932
Parks Maintenance Worker - Recreation $ (35,921) $ 35,921 $ (35,921)
Custodian - Public Works $ 131,899) $ 31,899 $ (31,899)
Custodian - Public Works $ (31,899 $ 31,899 $ (31,899
Fire inspector - Fire $ (58,042) $ (58,042 $ (58,042
Librarv Tech Soecialist - Librarv Shared with ITS $ - $ - $ (51,300
Parks Maintenance Worker - Public Works $ (35,921 $ (35,921 $ (35,921
Community Service Officer $ (47,920 $ (47,920 $ (47,920
Chanoe City Manaoer Admin Secretary to .50 FTE $ (17,025 $ (17,025 $ (17,025)
Chanoe Development Office Assistant to .50FTE $ (13,703 $ (13,703 $ (13,703
Position Vacancy Factor $ (250,000) $ (250,000) $ (250,000)
Reserves
Provision for Elimination of Waae Freeze for Last 6 Months of FY 2009-2010
PBA (Estimated Imoact Per 8-31-091/2 Year ProoosaTl $ 340,000 $ 340,000 $ 340,000
IAFF (Estimated ImDact for ConsistencvWith PBA) $ 211,000 $ 211,000 $ 211,000
All Other Empiovees (Estimated Imoact for Consistency With PBA) $ 289,000 $ 289,000 $ 289.000
Total Provision for Partial Elimination of Waoe Freeze (General Fund Onivl $ 840,000 $ 840,000 $ 840,000
Provision for Transfer to Debt Service Fund for Police Station (1/2 Year On Iv) $ 1,188,000 $ 1,188,000 $ 1,188,000
Provision for Contingency - Further Reduced Revenues (2/10 mill = $772,000) $ (83,223) $ 695,202 $ 924,184
Revised Recommended Expenditures & Transfers Out
1$ 71,710,536 I] $ 74,611,536 [I $ 74,611,t
C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLKSB\ \ 3 Budget Options @ 64553 Current Rate 73000 Preliminary
Rate (g.S).xls \ Sch 2 - Exp, Transfers & Appn.
Exhibit A - General Fund Revenue & Expenditure Summary
Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
This Exhibit summarizes the initial budget presentation to the City Commission with two models. Model #1 maintains the
current millage of 6.4553 and Model #3 is the City Manager's recommendation millage of 7.3000. The onlv differences
are -
. Total ad valorem taxes levied
. Resulting tax revenue for the City and the CRA
. Projected initial deficit at alternate tax rates before recommendations to balance the budget
Several items to note are -
. The City is fairly reliant on property taxes at 48% of total funding sources
. Transfers from other funds include $6.05 million from the Public Service Tax Debt Service Fund.
o While the Public Service Tax is general revenue of the City, it is first pledged for debt service on
outstanding bonds secured by this revenue source.
o If the City were to issue added bonds secured by public service taxes (versus ad valorem taxes) to
finance major capital projects such as the Police building, this transfer would be reduced in future years
by the annual debt service required to repay those bonds.
. Expenditures are recommended at $71.9 million under both models
o This amount is after two rounds of reductions prior to further recommended reductions
o Compared to the current year's $74.0 million budget, it represents an overall 2.9% decrease
. The projected initial deficits before budget balancing options at the bottom of Exhibit A are carried forward to
the top of each of the following Exhibits B-E as the amount to reduce in order to balance the budget at the final
tax rate.
o $10.8 million at the current 6.4553 tax rate
o $7.9 million at the initially recommended tax rate
Exhibit B - City Manager Recommendations to Balance the Budget Prior to July 14-15 Budget Workshop
Pre-Workshop Options to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit represents the City Manager's original budget reductions presented at the beginning of the Budget
Workshops in July. The onlv differences are -
. Model #1 contains recommendations for
o $0.775 million 2% across the board pay cut subject to collective bargaining agreements (CBA)
o $1.346 million in program cuts and the elimination of 22 positions
. Model #2 contains a recommendation for
o $0.348 million to add six (6) firefighters to fully cover the opening of Station #5
. Both Models contain
o A $1.2 million reserve to reinstate the 15 Police Officers that were not included in the recommended
Police budget included on Exhibit A.
o The initial $ 1.1 million estimated amount of the grant that is needed to reinstate the IS Officers.
Several items to note including those at the bottom of this Exhibit and others are -
. The reduced transfer of $1.2 million from the Capital Projects Fund is not considered for proceeding with
Congress A venue Park (Boundless Playground) as it was only included with Model #4 Rolled Back Rate. At this
point, all Models recommend deferring the project.
. The projected ~ at alternative tax rates
o Model #1 - $1.2 million
o Model #2 - $ 1.6 million
. A surplus is left in each of the Models at this point for two reasons.
1. To provide the Commission the option modify the funding sources or expenditure levels
2. To further reduce the tax rates under each Model
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Exhibit C - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Workshop & 7/21/09 Commission Meeting Options to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit adds Model #5 representing all recommendations to consider resulting (as noted) from the Budget Workshop
and those added at the July 21 Commission meeting. These recommendations are also now included with Models #1 &
#2 except for the followiug:
. 25% reductions ($55,000) for business meetings, publications, and memberships since reductions were
previously made in these accounts during the second round of City Manager reductions as mentioned under
Exhibit A.
. Eliminate Deferred Compensation ($123,000) representing all funds (General Fund is $100,000). While this does
not directly impact salary, it is part of setting the salary level upon the hiring not only of department heads, but
also key personnel, where the benefit is common in many local governments and needed to attract top candidates
to the City. The amount is not taxable to the recipient and the City saves payroll taxes on the amount. To achieve
an equal net amount of salary, between 25-30% would need to be added to the salary amount. Further, the
Deferred Compensation is considered by the City Attorney to be a condition of employment.
. Library Tech Specialist ($51,300) while currently vacant, it is critically needed after the opening of the new
Library and the addition of many computers to serve the public.
Several items to note included at the bottom of this Exhibit are -
. The projected ~ at alternative tax rates
o Model #1 - $1.9 million
o Model #3 - $2.7 million
o Model #5 - $2.9 million
Exhibit 0 - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Recent Options (Cumulative) to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit provides an overall view of all identified revenue/expenditure adjustments from the point of the original
budget models that were presented (pre-workshop) through several items known or recommended since the July 21, 2009
Commission meeting. As noted on Exhibit D, they include the following with (a) positive numbers reducing the tax rate
impact and (b) negative numbers increasing the tax rate impact.
. Removal of the reserve for the COPS grant and the related 15 Police Officers and adding the following.
o $ 617,000 - COPS grant awarded for 8 ofthe 15 Police Officers
o $(554,000) - The budgeted cost of the 8 Police Officers
o $(522,000) - The budgeted cost of the 7 Police Officers not included subject to Commission approval
. $(200,000) - Reduction of the latest estimates of State Shared Revenues (Sales Tax)
. $( 10,000) - Reduction of 4 Day Work Week savings with the decision uot to contract furt11er for custodial care
. $(250,000) - Reduction of Position Vacancy Factor resulting from the deletion of 10 vacant positions
. $ 31,899 Elimination of a vacant Fire Inspector position
. $ 47,920 - Elimination ofa vacant Community Service Officer position
. $(772,000) - Addition of a contingency equal to 2 mills for unknowns especially future revenue reductions
Several items to note included at the bottom of this Exhibit are
. The projected surplus at alternative tax rates
o Model #1 - $0.4 million
o Model #3 - $1.2 million
o Model #5 - $1.4 million
C:\Documents and SettingsllaverrierellLocal Settings\Temporary Internet Files\OLK5BlAgenda Item Request - Sep 142009
(Summary Listing ofExhibits),docx
Exhibit E - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Budget Adjustments Considered to Date to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit E serves as a summary of all potential budget adiustrnents to date. It -
. Begins with the Projected Surplus at Alternate Tax Rates with the COPS Grant on Exhibit B prior to the Budget
Workshops to balance the initial projected deficit under each of the Models.
. Lists only the additional options pursuant to the Workshops & 7121109 Commission Meeting as listed on Exhibit
C.
. Lists only the recent options subsequent to those previously considered as listed on Exhibit D.
Several items to note included at the bottom of this Exhibit are -
. The projected ~ at alternative tax rates that are the same as shown on Exhibit D.
o Model # I - $0.4 million
o Model #3 - $1.2 million
o Model #5 - $1.4 million
. The resulting reduced tax rate if the surolus is eliminated at the amounts noted above. For instance, the tax
millage rates would be reduced as follows under each Model.
o Model #1 - 6.4553 to 6.3440
o Model #3 - 7.3000 to 6.9869
o Model #5 - 7.3000 to 6.9275
Exhibit F - Recommended CIP $ Available for Transfer to General Fund
Potential Increased Debt Service Reducing Public Service Tax Available for Transfer to General Fund
This Exhibit lists -
. The capital projects recommended for removal from the FY 2009-2010 and FY 2010-2011 Capital Improvement
Plan in order to transfer available funds to the General Fund to assist in balancing the budget.
It also recommends the deferral or deletion of each project.
. The potential annual debt service required to repay bonds required to fmance a new Police facility. The increased
debt service reduces Public Service Taxes available to the General Fund in FY 2009-20 I 0, FY 2010-20 II and
thereafter for the life of the bonds that are commonly 20 years.
At this point, neither the scope of the project, the amount of required financing, or the annual debt service is
deternrined. The lower portion of the Exhibit only makes certain assumptions at this point in order to set aside
estimated Public Service Taxes as security for funding for potential debt service once the Commission decides
whether or not to proceed with the project at this time, its scope and funding.
Exhibit G - FY 2009-2010 Budget Summary
This Exhibit summarizes the budget in comparison to FY 2008-2009 prior to the further recommendations contained in
the prior exhibits to balance the budget. The General Fund comparisons further summarizes the comparison on Exhibit A.
C:\Documents and Settings\Javerrierel\Local Settings\Temporary Internet Files\OLK5B\Agenda Item Request - Sep 142009
(Summary Listing of Exhibits).docx
Exhibit A
.
I
CITY OF BOYNTON BEACH
General Fund Revenue & Expenditure Summary
Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
R
Based on 6-26..09 Final Taxable Values
Model #1 Model #3
Current Rate City Mgr Recorn
6.4563 7.3000
avenues & Transfers In: % of Total
Total Ad Valorem Tax Revenues (Net of Discounts) 48.0% $ 29.322,000 $ 32,755.000
Less TIF to eRA ~6.7% $ (4,064.000) $ (4,596.000)
Net Ad Vaforem Tax Revenues to the City 41.3% $ 25.258.000 $ 28,159.000
other Estimated Revenues:
Franchise Fees 7.9% $ 4,820.000 $ 4,820 000
Licenses & Permits 3.7% $ 2,257.000 $ 2.257.000
Interaovernmental Shared Revenue 10.9% $ 6667.000 $ 6 667 000
Charoes for Services 8.2% $ 5.020000 $ 5,020.000
Interest & Other Revenues 1.9% $ 1,148,000 $ 1,148.000
Total Other Estimated Revenues: 32.6% $ 19.912,000 $ 19.912.000
Transfers From other Funds
Local Option Gas Tax Fund 11% $ 650.000 $ 650.000
Recreation Programs Fund 0.2% $ 95,000 $ 95,000
Public SeNice Tax Debt Fund 9.9% $ 6.050.000 $ 6.050.000
Fire Assessment Fund 5.7% $ 3,457.638 $ 3,457.838
Water/Sewer Utility Fund 7.4% $ 4.500,000 $ 4,500,000
Golf Course Fund 0.1% $ 45.000 $ 45,000
Solid Waste Fund 1.5% $ 930,000 $ 930,000
Memorial Parle Fund 0.0% $ t2,000 $ 12,000
Community Trust Fund 0.3% $ 200,000 $ 200,000
Total Transfers From Other Funds 26.1% $ 15,939,838 $ 15.939.838
Total Estimated Revenues & Transfers From other Funds 100.0% $ 61,109,838 $ 64,010,838
oendttul"88 & Transfe,.. Out: FY 08:ll9 % Change
Deoartment Emendltures fAfter Cltv Manaaer Reductions) Budaet From 08-09
City Commission $ 423,814 -40.0% $ 254,365 $ 254 365
City Mananer $ 639.605 -0.6% $ 635.769 $ 635.769
City Hall! General Fund Wide Costs $ 1,917,260 -17.0% $ 1.591,754 $ 1,591.754
Public Affairs $ 182.064 -17.1% $ 150,888 $ 150.888
COVClerk $ 558 899 2.3% $ 571.989 $ 57t 989
Financial Services $ 1.247.884 -0.1% $ t.247,164 $ t,247164
Information Technoloov $ 1.866,388 ~2.7% $ 1,816,072 $ 1,816072
GeOQraohicallnformation Services $ 430 t64 ~0.5% $ 428.004 $ 428.004
Human Resources $ t ,045,986 -3.1% $ 1.013,947 $ 1.013.947
Omanization & stratAOic Develonment $ t98.891 -17.1% $ 164.790 $ 164,790
City Attorney $ 480.375 -2.3% $ 469,106 $ 469.106
General Government Total $ 8,991,310 -7.2% $ 8,343,848 $ 8,343,848
Police $ 24.321.550 -2.4% $ 23,744,483 $ 23.744.483
Code Comnliance $ 1,261,445 -8.3% $ 1.158,323 $ 1,156 323
COmmunications $ 2.384,971 -10.8% $ 2,126.823 $ 2,126823
Animal Control $ 201,023 -4.9% $ 191200 $ 191200
Fire $ 18.713,899 2.5% $ 19,180,394 $ 19,180394
Emergency Management $ 116,300 ~2.5% $ 113.430 $ 113,430
Public Safstv Total $ 46,999.188 ~1.0% $ 46,512,653 $ 46,512,663
Develooment-SuoDort $ 412.828 2.9% $ 424,665 $ 424 665
Buildinn $ 2,368,088 -17.9% $ 1.944,952 $ 1,944.952
Plannina & Zonina $ 99t ,450 4.6% $ 945,674 $ 945,674
Business Tax $ 297,936 2.1% $ 304.248 $ 304.248
Development Total $ 4.070.300 -11.1% $ 3.619.539 $ 3,619,539
Public WOrX$ Administration $ 296,412 0.8% $ 298.809 $ 298 809
Facilities Manaoement $ 2,009.496 ~3.3% $ 1.943,393 $ 1,943,393
Streets Maintenance $ 1 .175,287 5.8% $ t,106.907 $ 1,106.907
Enaineerina $ 937,154 -2.8% $ 911.146 $ 911.146
Forestry & Grounds $ t .824,643 -6.5% $ 1.705,836 $ 1,705.836
Public Works Total $ 6,242,992 -4.4% $ 6,966,091 $ 5,966,091
LibraN $ 2.600.620 -t.6% $ 2.558,70t $ 2,558701
Recreation $ 2,771,735 -4.2% $ 2.654 395 $ 2,654.395
Parks Maintenance $ 2,324.939 -1.9% $ 2,280.440 $ 2,280.440
Lehlure Services Total $ 7,697,294 -2.6% $ 7,493,636 $ 7,493,636
Total Recommended Expenditures $ 74,001,084 -2.8% $ 71,935,667 $ 71,935,667
Ex
Projected Initial Surplus (DeficIt) at Alternate Tax Rates
_______..__::JI::: 110,825,829)11 $
(7,924,829) I
. -- ~.,_., ~ ~ ... -. "_...~~".,,, ~"""':l ('",.,...."1 R"t.. /I. 7 ,1000 Preliminary Rate (9-3) IA-Revenut:! ~.xp & Prelim Dellel'
Exhibit B
-
CITY OF BOYNTON BEACH
City Manager Recommendations to Balance the Budget Prior to July 14-15 Budget Workshop
Pre-Workshop Options to Set Ad Valorem Tax Rate & Balance the Budget
Based on 6-26-ll9 Final Taxable Val.....
ModefiJ1 Model #3
Current Rate City Mgr Recom
6.4553 7.3000
Projected Initial Surplus (Deficit) at Alternate Tax Rates
1$
(10,825,829)1 $
(7,924,829)1
Added Transfers In From (Out to) Other Funds
Appropriation (Reduction) of General Fund Balance $ 3,500,000 $ 3,500,000
Transfer from Fleet Fund $ 1,500,000 $ 1,500,000
Transfer from Capital Projects (Option A) Defer Boundless Playground $ 3,144,000 $ 3,144,000
Transfer from Capital Projects (Option B) Proceed with Boundless $ - $ -
1$1,200,000 reduced transfer recommended onlv with Model #4 - 7.7742 Rolled-Back Rate)
Additional Transfer Solid Wasle Fund $ 1,500,000 $ 1,500,000
Transfer Out to Debt Service Fund for Police Station (1/2 Year in FY 2009-10\ $ {1,186,000 $ (1,186,000
Added RevenullS
EMS Blllina Revenue Increase IUse af Collection ADencv\ $ 400,000 $ 400,000
Take Home Car Reimbursements $ 45,000 $ 45,000
Enerav Block Grant $ 75,000 $ 75,000
Library Fines (Average Annual Revenues) $ 30,000 $ 30,000
Reduced Exoendltures
2% Pay Cut Across Board - subject to CBA $ 775,923 $ -
Reduce two holidavs (Presidenfs DavlXmas Eve)-OT cast reduced $ 95,000 $ 95,000
4-Day Work Week 5 150, 5 150,000
Mat Packeae Chanoe - end buvout of 4 dayS leave $ 172,000 $ 172,000
End Lonaevitv Proaram (General Fund share onlv- total is $117,000\ $ 72,500 $ 72,500
Telephone Aud~ $ 50,000 $ 50,000
Out of Slate Travel $ 10,000 $ 10,000
Position Vacancy Factor - General Fund $ 500,000 $ 500,000
PrODram Cuts StaflCuts
pubiic Affairs Proaram - Cut 1 $ 134,000 $ -
Buildina Department Cuts 1 $ 68,101 $ -
Enaineerina Staffina Cuts 1 $ 75,000 $ -
Custodial Service Outsourced 3 $ 202,678 $ -
Animal Control to Caunty 3 $ 192,160 $ -
Fire Prevention Proaram Cutback 1 $ 55,000 $ -
Code Compliance Cutback 1 $ 55,000 $ -
Librarv Proaram Cutbacks 2.3 $ 67,868 $ -
Recreation ProaramlFacilitv Cutbacks 2 $ 106,644 $ -
Stop Head Start Subsidy - $ 28,000 $ -
StoP Children's Museum Subsidv 1/2 vear 1.5 $ 112,000 $ -
Shopper Hopper/After School Transportation 5 $ 250,000 $ -
Prolectad Surnlus (Deficlt\ at Alternate Tax Rates $ 1 352,246 $ 2,130671
Add Back 15 Police Officers ~ Grant Awarded 15 $ (1,200,000 $ 1,200,000
COPS Grant $ 1,100,000 $ 1,100,000
Add Six Addmonal Fire Fighters - Full Coverage Station 5 $ - $ (348,697
Prolected Sumlus (DeflClt\ at Alternate Tax Rates wI COPS Grant 37 $ 1,252,246 $ 1 681 974
G:\Budget 2009~201 0\3 Budget Options @ 6.4553 Current Rate $. 7.3000 Preliminary Rate (9-3)B-Pre Workshop Options
Exhibit C
.
I
CITY OF BOYNTON BEACH
Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Workshop & 7/21/09 Commission Meeting Options to Set Ad Valorem Tax Rate & Balance the Budget
on ua ...
Model #1 Modal #3 I Modo! 06
WIth 7121109 CommlsaJon *-ling
Current Rate City Mgr Reeam I Comm. Wori(ahop
6.4563 7.3000 7.3000
Projected Initial Surplus (Deficit) at Alternate Tax Rates
1$
(10,825.829)1 $
(7,924,829) I $
(7.924,82911
Add Ti'ansfers In From Other Funds
Transfer from AnoroDriation Reduction\ of General Fund Balance $ 3.500,000 $ 3500.000 $ 3.500.000
Transfer from Fleet Fund $ 1,500000 $ 1,500.000 $ 1,500 000
Transfer from CaDital Prolects (ODtion A Defer Boundless Plavnround $ 3.144.000 $ 3 144.000 $ 3.144,000
Transfer from Solid Waste Fund-Additional Transfer Increased to $2,430,000) $ 1,500,000 $ 1,500.000 $ 1,500000
Transfer from Fire Assessment Fund-ilncreased to $3,798,006\ Workshon Addition $ 339,698 $ 339.698 $ 339.698
Less Transfers Out to ou.er funds
Transfer Out to Debt Service Fund for Police Station fEst 112 Year in FY 2009-10' $ 1.188.000 $ (1,188,000 $ (1.188.000
Added Revenues
EMS Blllino Revenue Increase (Use of Collection Aoenev) $ 400.000 $ 400 000 $ 400.000
Take Home Car Reimbursements $ 45.000 $ 45.000 $ 45,000
Enerav Block Grant $ 75,000 $ 75,000 $ 75.000
Librarv Fines tAveraae Annual Revenues $ 30.000 $ 30.000 $ 30,000
Leu IInc_.eell ExDendltu_ that wllIlnc...... DefIcit
Add 6 Fire Fiahters. - Station.5 - Covered Bv Fire Assessment Worksho Addition $ 1340,626 $ 1340.626 $ (340.626
Add Reduced _10 Dee_ DefIcit
2% Pav Cut Across Board - subi.ct to CBA $ 775923 $ - $ -
MedicaJ. DentaJ & ViSion Savinas Adiusted from Oriainal Estimate Workshoo Reduction $ 380,2t5 $ 380.215 $ 380,215
Reduce two hollda s Presidenfs DavlXmas Eve -OT reduction $ 95.000 $ 95.000 $ 95.000
4-Dav Work Week - utilities & Vehide Maintenance $ 150 000 $ 150.000 $ 150 000
Manaaement-Packaae-Chanae --End bUlIoUfOf-4 daYS leave $ 172,000 $ 172,000 $ 172,000
other Reductions-Commission ROdriguez Reduced @ 25% Workshon Reduction
Business Meetfnas $ $ - $ 20 822
Publications Workshoo Reduction $ - $ - $ 12.986
Membeml\ips WOrksho-n Reduction $ - $ - $ 20,874
Eliminate Deferred Comoensation /BJ 100% Workshe;;- Reduction $ - $ - $ 123.000
End Lonoevitv Prnoram lGeneral Fund share onlv - Total is $117.000 $ 72.500 $ 72.500 $ 72,500
Teleobone.Audit $ 50.000 $ 50 000 $ 50,000
Out of State Travel $ 10.000 $ 10.000 $ 10.000
Change C. Manaoer Admin Secretarv to .50 FTE Workshon Reduction $ 17.025 $ 17.025 $ 17.025
Chance Dave ODment Office Assistant to .50FiE Workshon Reduction $ 13.703 $ 13.703 $ 13.703
Delete BOB NalJonal Sit. Consuttan! Worksho Reduction $ 1.000 $ t.OOO $ t,OOO
Position Vacan Factor - General Fund Onlv $ 500,000 $ 500.000 $ 500,000
Delete 8 Vacant Positions
Electrician - Public Works Shared 50% with Utilities 7/21/09 Reduction $ 39,550 $ 39,550 $ 39.550
Sr. Crew Worker ~ Public Works 712tl09 Reduction $ 37.932 $ 37,932 $ 37,932
Sr. Crew Womer - Public Works 7/21/09 Reduction $ 37.932 $ 37,932 $ 37.932
Parks Maintenance Worker - Recreation 7/21/09 Reduction $ 35,921 $ 35.921 $ 35.921
Custodian - Public WOTks 7/21/09 Reduction $ 3t.899 $ 3t,899 $ 3t.899
Fire Insoedor - Fire 7121/09 Reduction $ 58,042 $ 58,042 $ 58.042
LibrarvTech Snecialist - Librarv Shared with ITS 7/21/09 Reduction $ - $ - $ 5t.300
Parks Maintenance Worker - Public Works 7121109 Reduction $ 35,921 $ 35,921 $ 35,921
proaram & Resulting Staff Cuts (Filled Positions)
Public Affairs Proaram - Cut $ 134,000 $ - $ ~
Bulldina DeDartment Cuts $ 68.101 $ ~ $ -
Engineering Staffing Cuts $ 75,000 $ - $
Custodial SeNies Outsourced $ 202,678 $ ~ $ -
Animal Control to County $ t92.160 $ ~ $ -
Fire Prevention prnoram Cutback $ 55,000 $ ~ $ ~
Code Comoliance Cutback $ 55.000 $ - $
Librarv Proaram Cutbacks $ 67.868 $ - $ ~
Recreation ProaramlFacilitv Cutbacks $ 106.844 $ ~ $ -
SloP H.ad Start Subsldv $ 28,000 $ - $ -
Stop Children's Museum Subsidv 1/2 vear $ 112.000 $ - $
Shopper Hopper / After School Transportation $ 250.000 $ $ ~
Proj.cted Surplus (Deficit} at Altsmate Tax Rates $ 2,040,458 $ 2,818,883 $ 3,047,865 I
Add Back 15 Police Officers $ (t .200,000 $ (1.200.000 $ 11 ,2oo.0001.
COPS Grant ~ $ 1.100,000 $ t,100 000 $ 1,100.000
Projected Surplus (Deficit) $ 1,940,458 $ 2.718 883 $ 2947,865
.
CITY OF BOYNTON BEACH
Pro.ected Initial Surplus Deficit) at Current & Altemate Tax Rates
Recent Options (Cumulative) to Set Ad Valorem Tax Rate & Balence the Bud et
Projected Initial Surplus (Deficit) at Altemate Tax Rates
[$
Add Tran8fera: In From other Funds
Transfer from ADoroori.tlon Reduction of General Fund Balance
Transfer from Fleet Fund
Tranafer from Pro' 0 'on A Defer Boundless Plavaround
Transfer from Solid Wa_ Fund-Additional Transfer (Increased to $2 430 000
Transfer from Fire Assmt FlJjVi:ijncreased to $3,796 000
Leas Transfers Out to Other Funds
Transfer Out to Debt Service Fund for Police Station Est. 1/2 Year in FY 2009-101
Added Revenun
EMS BilliM Revenue Increase Use of Collection Agencv)
Take Home Car Reimbursements
Ene Block Grant
Libra Fines fAverBoe Annual Revenues
COPS Grant (For 8 Police Officers for 3 rs
Less Reduced Revenues thll'l win Incraaee Deftclt
State Shared Revenues
In. '"creaed dlbJrea tha1t wllllnc,.... Deficit
Add Back 8 Police OfficerS (Induded in COPS Grant
Ad a 7 oiCe cars ot n ud In l'limt)
Add 6 Fire F' htera - Station 5 ~ Cover8d By Fire Assessment
Add educed Ilu... to 0-..... Deftcft
2% Pa Cut Aa'oss Board - au to eBA
Med~I_ Dental & Vision Savin s~ted from O' inal Estimate
Reduce lWO halide Pruident's~JXm8S Evel-OT reductiOn
4-Oa WOl1<. Week. # Utilitie8 & Vehide Maintenance
Mana ment P e C~ End of 4 leave
Other Reductions-Commisslon Rodriouez Reduced 25%
Business Meetin s
Public:ations
Membershi
Eliminate Deferred Comoensation t'l'b 100%
End Lonaevltv P ram General Fund share 00 - Total is $111,000\
TeIeohone Audit
OUt of Travel
~C er Admin SecretSrV to .50 FTE
~ Develooment Office Assistant to .50FTE
Delete BOB National Site Consultant
Position Vaca Factor. General Fund OnlY
Delete 10 Vscant Positions 2 AddAdl
Electrician. PublIc WoI1<s Shared 50% with Utilities
Sr. Crew Worker - Public Worn
Sr. Crew Worker - Public Works
Parks Maintenance Worker - Recreation
Custodian - Public Works
CuS"l.odian - Public Works
Fire I - Fire
LibralV Tech SoecIaliSt - Lib Shared with ITS
Parks Msimenance Worker - Public Works
Commun Service Officer
p ram & Resulti staff Cuts 121 Filled Positions
Public Affairs proore.m - Cut
Buildine Deaartment Cuts
Enaineenn Sta1'fI Cuts
Custodial Service OUfseurced
Animal Centrol to CouriiV
Fire Prevention pmcram Cutback:
Code ComDlianCe Cutback.
Ubrarv prooram Cutbacks
Recreation P ram/Facir Cutbacks
510 Head Start Subsid
Children's Museum SubsIdY -112 year
S/lOpper Hopper I After School Transportation
1.5 Yrs AvaUabU' $
1 Yr Availabm $
2 Yrs Availabilitv $
1 YrAvailabilitv $
Annual AvailabilitY $
$2.4 M Thereafter $
$
$
$
$
Added $
Added $
Added $
Note 1 ,$
$
$
$
$
Note 2) $
$
$
$
$
$
$
$
$
$
$
$
Note 3) $
$
$
$
$
$
Added $
$
$
$
Added $
on
Exhibit 0
c...... .....
6.4663
Mod.1 tII3 ModellN
wtth 7121109 Camilli_Ion MHting
City Mar Recom I Comm. Workshop
7.3000 7.3000
Mod.' #1
(10.825,829)1 $
3500,000 $
1500000 $
3 144 000 $
1,500000 $
339 698 $
1,188,000 $
400 000 $
45 000 $
75 000 $
30 000 $
617 000 $
200 000 $
1554 000 $
522 000
340 625 $
775 923 $
380215 $
95 000 $
140000 $
172000 $
$
$
$
$
72,500 $
50 000 $
10000 $
17025 $
13,703 $
1000 $
250000 $
39 550 $
37,932 $
37 932 $
35 921 $
31 899 $
31 699 $
56 042 $
$
35,921 $
47,920 S
$
$
$
$
$
$
$
$
$
$
$
$
134000 $
68101 $
75 000 $
202 678 $
19216Q $
55 000 $
55,000 $
61868 $
106 B44 $
28,000 $
112,000 $
250,000 $
(7,924,82911 $
3 500 000 $
1 SOO 000 $
3144,000 $
1 500 000 $
339,898 $
(1188,000 $
400 000 $
45 000 $
75 000 $
30,000 $
617 000 $
7200,000 $
(554 000 $
522 000
(340 626 $
$
380215 ..
95 000 $
140 000 $
172 000 $
$
$
$
$
72 500 $
50 000 $
10000 $
17025 $
13703 $
1000 $
250 000 $
39 550 $
37932 $
37,932 $
35 921 $
31-899 $
31,899 $
56.042 $
$
35 921 $
47,920 $
{1.924.829ll
3500,000
1 500 000
3144000
1,500000
339898
1,188000
400 000
45000
75 000
30,000
617,000
zoo 000
554 000
5220
(340628
380 15
95 000
140000
172,000
20 822
12986
20874
123000
72 500
50 000
10000
17 025
13,703
1,000
250000
39 550
37 932
37 932
35921
31899
31899
58,042
51300
35921
47,920
$
$
$
$
$
$
$
$
$
$
$
$
Projected Surplus (DefIcit) at Alternate Tax Rates 1$ 1,201.217 $ 1,979.702 $ 2,208,684
Less Contlngenc:y (2/10 Mill ... Sn2,ooo) Note(" $ (772,000) $ (772.000) $ (772.000)
Prolected Sumlus fOeftc After Aflowtn for Contin encv $ 429217 $ 1 207 702 $ 1 436 684
N 1 e m I
Note f2l Amount 'NUl dec...... bv aooroxhnatelv S10 000 bY continufna with Crtv custodialataft '#S. contracted services
Note f3l Reduced from 1600.000 due to added vacant DOSlUone elkninated
Note 4 At I I e 10mlllc n nk as n O( 0 fu
G:\Budget 2009-201 0\3 Budget Options @ 6.4553 Current Rate & 7,3000 Preliminary Rate (Q..3}D-Post Workshop OptiOns
u on.
Exhibit E
.
CITY OF BOYNTON BEACH
Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Budget Adjustments Considered to Date to Set Ad Valorem Tax Rate & Balance the Bud et
on ...
Model #1 _'~ I Modelt16
WIth /21109 Commllaion Meeting
Current Rate CIly tAgr Recom I Comm. WorkshOp
6.4663 7.3000 7.300tl
Projected Initial Surplus (DeficIt) at Alternate Tax Rates 1$ (10,825,829)1 $ (7,924,829)1 $ (7,924,829)
Projected Surplus (Deficit) at Alternate Tax Rates wi COPS Grant I IExhibtt B) '$ 1,252,246 $ t,881,974 $ 1,681,974
After Totallnftial Recommendations Prior to the Julv 14-15 Commission Workshop I
Comml-j"n worksh"'" & 7'''1109 Commission MAAtinn P--nti""l A..llu..tments
Add Transfers In From Other Funds
Transfer from Fire Assessment Fund for 6 Firefiahters WorkShoD Addition $ 339 698 $ 339 698 $ 339,698
Less f1ncrease~dltures that wllllncreaae DefICIt
Add 6 Firefi hters - Station 5 - Covered Bv Fire Assessment WOrkShOD Addition $ (340 626 $ {340626 $ 340826
Add Reduced Ex...ndllu.... to Dee..... Deficit
Medical Dental & Vision Savinas Adiusted from OM inal Estimate Warkshoo Reduction $ 380215 $ 380 215 $ 380215
Redudions ~ Commissioner Rodriauez
Business Meetin s 7/21/09 Reduction $ - $ - $ 20 822
Publications 7121109 Reduction $ - $ - $ 12986
Membershins 7/21109 Reduction $ - $ - $ 20874
EliminatE! Defatted Comoensation IBl. 100% 7121109 Reduction $ - $ - $ 123 000
Chana. C; Mananer Admin secretarv to .50 FTE Workshoo Reduction $ 17 025 $ t7 025 $ 17025
Chanae Develo ent Office Assistant to .50FTE Workshon Reduction $ 13703 $ 13703 $ 13703
Delete BOB National Site Consultant Worksh Reduction $ 1000 $ 1000 $ 1000
Delete Vacant Positions-ProDOBed bv Commissioner RNfrlnuez
Electrician - Public Works Shared 50% with Utilities 712t/09 Reduction $ 39 550 $ 39 550 $ 39550
Sr. Crew Worker - Public Works 7/21109 Reduction $ 37 932 $ 37 932 $ 37 932
Sr. Crew Worker - Public Works 7/21109 Reduction $ 37 932 $ 37932 $ 379?"
Parks Maintenance Worker ~ Recreation 7/21109 Reduction $ 35921 $ 35921 $ 35 f
Custodian. Public Works 7/21109 Reduction $ 31899 $ 31899 $ 318l:..
Fire In~r~ Fire 7/21/09 Reduction $ 58 042 $ 58 042 $ 58 042
Libra Tech g;::;;cialist - Ubrarv Shared with ITS 7/21109 Reduction $ - $ - $ 51300
Parks Maintenance Worker ~ Public Works 7121109 Reduction $ 35,92t $ 35.921 $ 35,921
Projected Surplus (DefIcit) at Alternate Tax Rates I Exhibtt C $ 1,940,458 $ 2,370,186 $ 2,599,168
City Manaaer Recommended Adiustments After Commission WorkshoD & 7/21/09 Commission Meetina
Added Revenues
COP GrantfF:or 8 I='olice Officers} $ 617 000 $ 617 000 $ 617,000
LesS Reduced Revenu88 that willlnCreBSli! Deficit
State Shared Revenues $ 1200 000 $ 200 000 $ (200,000
L.... Increased\ EltDlmdltures that will Increase Deficit
Add Back 8 Police Officers (Included in COPS Grant $ 554 000 $ 1554 000 $ 7554 000
Add Back 7 Police Officers (Not Included in COPS Grant) Note (1 $ 1522 000 $ 522 000 $ 7522 000
Add Reduced Ex nditures to Decrease Deficit
4-Dav Work Week. Utilities & Vehlde Maintenance Note (2) $ (10000 $ (10000 $ 10000
Position Vacanr:v Factor Note (3 $ 250 000 $ (250 000 $ 1250 000
Delete Vacant Positions
Custodian ~ Pubtic Works $ 31899 $ 31899 $ 31899
COmmunitv Service Officer $ 47.920 $ 47920 $ 47,920
Eliminate Prior Ruerves PendinQ Resolution Addressed Above\
Add Back. 15 Police Officers $ 1,200 000 $ t 200 000 $ 1,200 000
COPS Grant $ 1 100000 $ (1,100 000 $ 11100000
Add Six Additional Firefi hte~ - Full Coveraae. Station 5 $ - $ 348 697 $ 348 697
Current Prnlected Sumlus fOeficlt\ at Alternate Tax Rates $ 1 201 217 $ 1,979702 $ 2 208 684
L.ess Contingem:y {2110 Mill = $772,000) Note (4\ $ (172,000) S (172,000) $ (772,000)
Proiected Surolus fDeficit\ After Allowlnn for Continnencv I Exh(btt 0 S 429,277 $ 1,207,702 $ 1,436,684
Alternate Tax Rates I 6.4553 I 7.3000 I 7.3000
Tax Rate 1m ct of Eliminatina Prolected Surolus fDeflcitl After AUowina for Continaencv T ~0.1113 I -0.3131 r -0.3725
Resultlnn Tax Rate r 6.3440 r 6.9869 6.9275
Note (1) Reinstatement of 8 poJjce offir-.ers not covered bv the COPS orant needs aooroval
Note (21 Amount will decrease bv aDDroximatelv $10 000 bv continuino with City custodial staff vs. contracted services
Note (3) Reduced from $500 000 due to added vacant oositions eliminated
Note (4) At this ooint. the 2110 mill continoencv reoresents unknowns such as added ooer.atino or caoital reouests or further revenue reductions.
Exhibit F
-
CITY OF BOYNTON BEACH
I
Recommended CIP $ Available for Transfer to General Fund
I
I
I
Potential Increased Debt Service Reducing Public Service Tax Available for Transfer to General Fund
Recommended Reduction From
Planned Project FY 2009-2010 CIP Budget
Deferral or Deletion I Amount
General
CitY Hall BBTV Upgrades Deferred After 2010-11 $ 110,000
City Hall Fire Alann UDarade Deferred After 2010-11 $ 250,000
MunicIDal Building Energy Deferred After 2010-11 $ 200,000
Conaress Middle School - LandscaDina Deleted $ 143,000
Old Hiah School Demolition Deleted $ 625,000
Parks & Recreation
Green/BIkewaY-Land Purchase Deferred After 2010-11 $ 400,000
Boundless Plavaround, Net of $500,000 Exoended Deferred to FY 2010-11 $ 2,400,000
Hester Center LandscaDina Deferred After 2010-11 $ 50,000
Oceanfront-Automated Parking System Deferred After 2010-11 $ 300,000
Tran ,noriatlon
W ina-Signage' - Deferred After 201 0-11 $ 140,000
Ocean Avenue Streetscaoe Deferred After 2010-11 $ 90,000
Ocean 95 South Access Route Deleted $ 1,500,000
Sidewalks-Gateway/FEC tracks Deferred After 2010-11 $ 250,000
Total CIP Funds Recommended for Transfer
$ 6,458,000
Annual Transfer Recommended From CIP Fund to General Fund
IFY 2009-10 Transfer
IFY 2010-11 Transfer
I $ 3,114,000 I
I $ 3,344,000 I
Debt Service for Police DeDt Buildina
Assume $30.000.000 lli! 9% Total (Principal & Interest! Annual Debt Service
italized interest
ITotal Debt Service (1-1/2 Years) for Transfer to Debt Service Fund
$ (3,888,000)1
Exhibit G
fit
CITY OF BOYNTON BEACH
FY 2009-2010 Budget Summary
2008-2009 2009-2010
Adopted Proposed % Change
Amount Amount
Prooosed Budae!:
Total All Funds $ 167,992.740 $ 142,643,001 -151%
Ma'or Ooeratino Funds (Public Services):
General Fund ISee Belowl $ 74,001,084 $ 71_935,667 -2.8%
Utility Fund $ 35,443,618 $ 33,055,253 -6.7%
Solid Waste Fund $ 9,437,308 $ 8,509,564 -9.8%
Ca itallmorovements
General CIP Fund $ 12,900,300 $ 2,845,500 -78.1 %
Fire Assessment Fund $ 9,449,034 $ 3,957,838 -58.1%
Where the General Fund monevaoes:
Public Safetv:
Police $ 24,321,550 $ 23,744,483 -2.4%
Fire $ 18,713,899 $ 19,180,394 2.5%
Other $ 3,963,739 $ 3,587,776 -9.5%
$ 46,999,188 $ 46,512,653 -1.0%
Leisure Services:
I Recreation & Parks $ 5,096,674 $ 4,934,835 -3.2%
Librarv $ 2,600,620 $ 2,558,701 -1.6%
$ 7,697,294 $ 7,493,536 -2.6%
Public Works $ 6,242,992 $ 5,966,091 -4.4%
General Government $ 8,991,310 $ 8,343,848 -7.2%
Development $ 4,070,300 $ 3,619,539 -11.1%
ITotal General Fund $ 74,001,084 $ 71,935,667 -2.8%
Chances: Basic services retained.
CM recommends emplovee pay freeze for 2009-201 O.
10 unfilled positions not recommended for 2009-2010.
Utility rates cut bv 7%
Property Taxes:
Tax Rates
General Fund 6.4553 7.3000 13.1%
Bond Fund (G.O. Bonds paid off) 0.0250 0.0000 -100.0%
Total Tax Rate 6.4803 7.3000 12.6%
Tax Amounts
General Fund
General Fund
7.3000
6.4553
$ 35,013,460 $ 32,755,348
$ 35,013,460 $ 29,322,000
-6.4%
-16.3%
To keep the millage rate at 6.4553, the property tax ravenues will be reduced from $35,013,460 to
$29322,000; a 16.3% revenue reduction of $5,691,460.
A.UG, 31. 2009 3: 56PM
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NO. 691
P.
PALM aEACH COUNTY
pOLIce BENEVOLENT ASSOCIATION, INC.
2100N. FklClclUf&qo RoIId' _Palm BcocII. PL3~' (561)689-3'74" (561) 6B7.()U4P1x
www.p.opbo "'&
August 31, 2009
Sent by FacsImIle: (561) 742-6011
And ReGular U." -.U
Kurt Bresaner. City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florid. 33436
Re: City of Boynton Beach and PBA
("WageJra'le of pay" R80peners)
Dear Mr. Bressner:
As you know I this organiZation 18 the S1laI8 certified exclusive
collective bargaining representative for v1rtu&Uy aU of the swom law
enforcement pel'8Onnel In your Police Department; subject of three (3)
separate Agreements with the CIty (for polloe offtaer$ and detectives,
sergeants, and for lieutenants, respedlvely). As you know, also,
pursuant to ldentlDIII provisions In each Agreement. ltIe City reopened
for negotiations "the wage/rate of pey" artloles In .11 3 Agreements.
Notwithstanding the relatlveIy abbreviated window for "negotiations"
"bUshed by each of the 3 Identical provisions, !hie office agreed wlth
Chief Immlet to an extension of time In order to more fully explore the
pTO$peots for II negotfeted resolution. The expanded tlmeframe for
negotllltlons, however, cannot expand the narrow BCope of said
negotIations, Therel'ore, the City's proposed reducllon In the number of
vacation days, among other things, Is beyond those metlBr& spec/llcally
identified as "reopened for negotltrtlOll8,"
Consistent with our commitment to the Agreements, the PBA ia
ready and willing to work cooperatively wfth the City In these dlft1cult
times. Accotdlngly, the PBA will accept the pay freeze aOl'O$l-the-board
proposed by the City, and cf'1$CO..ed at the out8et of negotlllllon.; albeit,
for six (8) monthe, until April 1, 2010. By delaying any Increase to
"wage/rate of pay" for all 3 bargaining unllB membenl, the City will aave
nearly $400,000. Said savlngs, together with the federal grant monies
for pollee nlllriee, deferred completion of tne new Pollee facility, and the
increased millage rete, ehould permit reanimation of the Parties'
The lbice of Palm Beach Cowtly:' Law Eliforr:em'''t
AUG. 31. 2009 3:56PM
NO. 691
P 2
,
negotiated pey plans after the 6 month" to their April 1, 2010 levels.
Thereafter, the Parties will be In position to convene collective
bargaining negotiations toward8 8UCC8880r Agreements.
To the extent tI1st any tent8lIve Agreemenla to the aforementioned
pay "freezes. will requll. ratification votes by each bargaining unit and
the City Commle8lon, further de. 8re In neither Party's Inte....t
Accordingly, we reqUtl8t your consideration of the foregoing offer at the
earliest possible convenience.
Should you have any question. or concamll about the PBA's
proposal, pIeese do not hesltete to can me.
GUM!
Cc: John KazanJian, PNtldent
Matthew Immler, Chief of PoIiGe
Toby Athol, PBA Rap
Fran\( Renzi., PBA Rep
Kelly Harrle. PBA Rep
Craig Anthony, PBA Rap
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 09/18/09
Last Name First 1st Choice 2na Choice 3ra Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
McVey Jack Recreation &
(See NOTE) Parks
*Scantlan Don Veterans
Commission
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises.
ALTERNATES:
Arts Commission
Dana Cook Appointed 12/16/08
Donn Davenport Appointed 12/16/09
Community Relations Board
Lloyd McKoy Appointed 12/18/08
Recreation 8. Parks Board
Corey Cook Appointed 3/17/09
Thomas Gresh Appointed 7/7/09
NOTE: Jack McVey was terminated from Rec. & Parks Board for absences and has re-applied.
S:\CC\WP\BOARDS\APPMENTS\Board Year 2009\Appllcants Eligible for Appointment 09-18-09.doc
VI.-CONSENT AGENDA
ITEM A.1
MINUTES OF THE CITY COMMISSION MEmNG HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, SEPTEMBER 1, 2009
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Woodrow L. Hay, Vice Mayor James Cherof, City Attorney
Ron Weiland, Commissioner Janet Prainito, City Clerk
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Jose Rodriguez
Mayor Taylor called the meeting to order at 6:31 p.m. Vice Mayor Hay gave the invocation and
the Pledge of Allegiance to the Flag was led by Commissioner Jose Rodriguez.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Weiland inquired if the Commission would be interested in discussing the COP
grant awarded and the fact it was not shared with the Community Redevelopment Agency
(CRA). He understood the criteria for the grant included Community Oriented Policing (COP)
which was the program within the CRA area. He recalled the CRA police force was an unfunded
mandate and hoped some portion of the grant could be awarded to CRA. Mayor Taylor
declared there was consensus to discuss the matter under New Business.
2. Adoption
Commissioner Rodriguez moved to accept the agenda as amended. Vice Mayor Hay seconded
the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
1
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
Commissioner Ross announced the passing of Gene Cericola, President of the Community
Caring Center. Mr. Cericola was very dedicated to the Center, his church and the homeless. He
would be greatly missed by the entire community. Commissioner Ross commented on her tour
of the Emergency Operation Center at Fire Station #5. She was proud of the City for having
acquired such a beautiful facility with a mural painted by Dana DoNaty and a design by Ray
Altman, Fire Division Chief, that includes an original piece from 9/11. She encouraged everyone
to visit the facility when it opens to the public. Mayor Taylor agreed and noted the project
came in under budget.
Commissioner Rodriguez talked briefly regarding the recent receipt of TRIM notices and his
suggestion to eliminate vacant positions, reducing training and membership fees and deferring
some of the executive compensation package. He hoped there could be some resolution to not
raise the taxes. The community was struggling and the leaders had an obligation to reduce the
burden.
Commissioner Weiland reconsidered his request to discuss the COP grant and suggested it be
heard in conjunction with the budget. Mayor Taylor agreed it could be discussed with the
budget. Attorney Cherof stressed the budget was only a report by the City Manager and not
action by the Commission. Commissioner Rodriguez felt the Commission could take action on
any of the budget items as it was discussed. Attorney Cherof advised any action should be
done as part of the budget hearings and any action taken at this time would be non-binding.
The final decision should be made after hearing from the public at both public hearings.
Commissioner Ross added to the record a copy of the letter sent by Beacon Property
Management to the Meadows Homeowners Association members. After the budget hearings,
she wanted to have discussions with the homeowners to try to resolve the issue.
Vice Mayor Hay announced he had met with the new County Commissioner, Priscilla Taylor.
She was looking forward to working with the City of Boynton Beach.
Mayor Taylor announced the City Services Institute for residents to learn about their City. It is
a 9 week course that meets once a week and commences on September 21, 2009. The
participants meet with each department and learn their responsibilities. There is a $25 fee that
includes a graduation celebration.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
2
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
C. Presentations:
1. Proclamations
None
2. Presentations:
None
IV. PUBUC 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}
John McGovern, 2620 Spiceberry Lane, agreed more work needed to be done on the budget
for everyone's benefit. He announced the Boynton Senior Center was given a national award
for excellence in developrnent and promotion of senior centers. Mr. McGovern reported that
Palm Beach County lost a $120 million grant from the Gates Foundation to the School District.
The problem was the County failed to report truthfully the graduation completion rate of
students in Palm Beach County. Mr. McGovern submitted a letter he had sent to the school
board which had gotten no response. He contended there was a loss of local control of public
education. There are three different school board zones in the Greater Boynton Beach area
that contributes to the malaise and loss of control. Galaxy Elementary School is one of two
schools in Palm Beach County that will benefit from the Box Tops for Education program. Mr.
McGovern encouraged the City to promote the program for the benefit of Galaxy Elementary.
He also clarified previous remarks he had made regarding the Old High School that it should be
turned over to an existing advisory board rather than the Cultural Council or other existing
entity .
Brian Edwards, 629 NE 9th Avenue, emphasized the upcoming fundraiser on September 11,
2009 for the Children's Schoolhouse Museum and the refurbishment plans. The monies spent for
the refurbishment would be presented in a report. He reiterated that a partnership with the City
would be necessary for the Old High School and the creation of another 501( c)(3) was not
necessary.
Kristen Puhalainen, Palm Beach County League of Cities, encouraged the use of the website,
Facebook and Twitter, and encourage attendance at the next meeting to be held in Lake Worth.
A golf tournament would be October 9, 2009 to raise monies for scholarships pursuing public
service education.
No one else coming forward, Mayor Taylor closed the publiC audience.
3
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
V. ADMINISTRATIVE:
A. Accept the resignation of Belky Cruz as a regular member of the Community
Relations Board.
Motion
Commissioner Weiland moved to accept. Vice Mayor Hay seconded the motion. The motion
passed unanimously. Mayor Taylor thanked Ms. Cruz for her service.
B. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3)
Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2)
I Weiland Cemetery Board Alt 1 yr term to 12/09
Mayor Taylor Cemetery Board Reg 3 yr term to 12/09 (Tabled 2)
II Hay Code Compliance Board Alt 1 yr term to 12/09
III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2)
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 3)
II Hay Education & Youth Advisory Board Stu NfV 1 yr term to 12/09 (Tabled 3)
III Rodriguez Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 3)
II Hay Library Board Alt 1 yr term to 12/09 (Tabled 2)
I Weiland Library Board Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Planning & Development Bd. Alt 1 yr term to 12/09 (Tabled 2)
Motion
Commissioner Ross moved to table all the appointments. Commissioner Weiland seconded the
motion. The motion passed unanimously.
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.
4
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
A. Minutes
1. Budget Workshop - July 14, 2009
2. Budget Workshop - July 15, 2009
3. Budget Workshop - July 16, 2009
4. Regular City Commission - August 18, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award "MICROSURFACING THIRTY-FOUR (34) STREETS IN BOYNTON
BEACH" Bid #057-2413-09/0D to FLORIDA HIGHWAY PRODUCTS, INC.
of Celebration, FL with a total expenditure of $377,136.24.
2. Approve a contract renewal with Arbor Tree & Land, Inc. D/B/A ATL
Disaster Recovery for a period from September 1, 2009 through August
31, 2011 to be utilized on an "AS NEEDED BASIS". (Proposed
Resolution No. R09-125)
3. Approve the purchase of 21 sets of Firefighter Personal Protective Gear
at $1,722.50 each, utilizing State contract #490-000-07-1 through Fisher
Scientific of Suwanee, GA with the total purchase price of $36,172.50 to
replace old, non-serviceable gear that no longer meets NFPA Standards.
C. Resolutions
1. Proposed Resolution No. R09-126 RE: Approving
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
2. Proposed Resolution No. R09-127 RE: Approving and
authorizing execution of Modification No. 3 to Subgrant Agreement with
the State Division of Emergency Management to accept a Hazard
Mitigation Grant for a maximum amount of $345,084 and award a sole
source construction contract to SpeCified Architectural Systems, Inc. in
the total amount of $297,265 that includes a 10% construction
contingency and five year warranty.
D. Approve the "IMAGINE CHARTER SCHOOL AT BOYNTON BEACH" Record Plat,
conditioned on the approval being the certification of the plat document by H.
David Kelley, Jr., (City Engineer and Surveyor and Mapper).
E. Accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility
Fund) for the ten months ended July 31, 2009. (83% of the Fiscal Year)
5
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
Motion
Vice Mayor Hay moved to approve the Consent Agenda. Commissioner Ross 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: Recreational Surface Water Policies {CPTA 09-001} Text
Amendments to Comprehensive Plan
Agent: City-initiated
Description: Request to amend Policy 1.3.1 of the Future Land Use Element, to
add four policies to the Coastal Management Element, and to add
a policy to the Intergovernmental Coordination Element in support
of marine-oriented and water-dependent uses for economic
development and natural resource protection. (1st Reading
Proposed Ordinance No. 09-042)
Hanna Matras, Senior Planner, reviewed the request for large scale amendments to the
Comprehensive Plan. If approved, the amendment would be sent to the Department of
Community Affairs for State review. The request is exempted from the twice per year limit on
the Comp Plan amendments. The Statutes encourage coastal local governments to include in
their Comp Plan a Coastal Management Element, Recreation Surface Water Policies that balance
natural resource protection, particularly Manatee protection with recreation and economic
demands. All coastal governments are to include poliCies preserving recreation and commercial
waterfronts. The proposed amendment would bring the City into compliance with all the
requirements. It allows for marine-oriented and water-dependent uses to other allowed non-
residential users in special high density category in conjunction with the Palm Beach County
Manatee Protection Plan only. The other language limits the siting of any new proposed facility
to the area designated as preferred.
The Planning and Development Board suggested additional language pertaining to the land use
compatibility, with the specific provisions for protection of the residential neighborhoods from
the nuisance impact of marine users to be addressed in the Code review for the applicable
zoning districts. Staff also proposed language that would prevent any expansion of the
preferred designation by the County to automatically apply to the policy in the City Comp Plan.
6
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
The four policies added were the adoption of the Manatee Protection by reference, natural
resource protection, committing the City to preserve the two existing recreational and
commercial waterfronts and recreation and economic demands.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Attorney Cherof read Proposed Ordinance No. 09-042 by title only on first reading. He also
announced there was a citizen courtesy information form to provide your name and address to
receive notification of the notice of intent to be issued by the Florida Department of Community
Affairs.
Motion
Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
IX. CITY MANAGER'S REPORT:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500/501(C)(3)
Discussion.(Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
Motion
Vice Mayor Hay moved to remove from the table. Commissioner Rodriguez seconded the
motion. The motion passed unanimously.
Lori LeVerriere, Assistant City Manager, reviewed the history of the Barrier Free Playground
project. Staff's recommendation was to consider a deferral for one year based on the fact two
of the three grants, totaling $485,000, may be able to be utilized a year from now. The FRDAP
grant award for $135,000 would be lost. Other funding sources may be found in the interim. A
steering committee was being organized for the new foundation.
Kim Hansen, from the Arc of Palm Beach County, spoke to the Visionary quality of the
proposed project. She pointed out there are 175,000 residents of Palm Beach County who live
with a disability every day. 15.9% of the school population has a form of special need. The
disabilities vary and the planned park would stimulate every possibility of sensory integration.
Children and adults without disability can enjoy the park too. Ms. Hansen was present to
7
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
endorse and thank the City of Boynton Beach for seeing the importance of such a project. She
offered the assistance of the Arc of Palm Beach County to move the project forward.
Anne Baine, representing Oceangate General Contractor and the subcontractors, applauded
the City for the design and innovations to create a sensory park that is truly barrier free. She
was proud to participate in the project and address the environmental needs.
Mayor Taylor surmised that everyone would like to bring the park to reality. However,
financially it was not possible at this time and priorities had to be met first. He could not justify
the $2 million expense at this time.
Commissioner Ross clarified it was a deferral for one year. She expressed her hope that the
project would move forward in the future and be a gem for the City. Commissioner Rodriguez
agreed there was an obligation to help those less fortunate. It was not financially possible at
this time and he agreed with a postponement for one year.
Motion
Vice Mayor Hay moved to defer for one year. Commissioner Ross seconded the motion. The
motion passed unanimously.
B. Continued Budget discussions for FY 2009-2010 Budget
Mr. Bressner gave a status report on the budget. One of the main areas of indecision was the
legal challenge to the red light cameras and the possible impact on any anticipated revenues.
The amount of State revenues was also unsettled. The largest area of concern related to
collective bargaining. Talks have been ongoing with the four unions and none were completed.
The Police Benevolent Association (PBA) indicated they were not in favor of a salary freeze, but
would consider a six month market adjustment freeze, but would anticipate the pay progression
plan for the balance of the year. Discussions would continue. The police contract expires in
September 2010 and the fire contract expires in September 2011. They did have reopeners in
the contracts for salary discussions. The blue and white collar contracts expire September 30,
2009. Statutorily the Commission has the right to impose a portion of the contract.
Attorney Cherof advised the Statute requires that the City Manager submit a budget that
includes funding for existing collective bargaining unit agreements through their expiration. Mr.
Bressner advised the IAFF had not responded. Discussion relating to the elimination of the
longevity program and two holidays was denied by the PBA. The cost savings for the longevity
program would be $24,000 and elimination of two holidays would save $95,000.
Commissioner Rodriguez clarified that only the re-opened issue relating to salaries could go to
the impasse process and ultimately the Commission could impose a decision on the bargaining
unit for the balance of the fiscal year. Attorney Cherof advised the process requires a public
hearing.
8
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
Commissioner Weiland was saddened there were roadblocks to the negotiations. He inquired
about the amount of monies being deferred from salaries for retirement. He opined that a
salary freeze was equitable if payments to deferred compensation funds can be made out of the
current wages. Mr. Bressner stressed gross wages was the issue, not the net wages.
Vice Mayor Hay expressed concern that the unions were not giving up the longevity pay and
two holidays at the expense of other options that may need to be explored.
Attorney Cherof noted the PBA contract provides after 45 days of re-opened negotiations, the
negotiations are deemed at impasse and the matter moves on to the Commission for
consideration, review and disposition. The discussion will merge with the two budget hearings.
Mayor Taylor stressed that it appeared layoffs would not be necessary, nor would the 2%
decrease in wages be necessary. He felt it was better to have a salary than lose a job. The
Commission had been with the employees in the good times and hoped the employees would
reciprocate during the hard times. Mr. Bressner pointed out the initial response was part of the
collective bargaining process. Commissioner Weiland stressed concessions had been made and
Vice Mayor Hay added the goal was to maintain jobs without layoffs.
The question of whether the COP granted included the CRA police was discussed. Chief Immler
replied the grant mentioned a total of 15 officers that may lose their jobs, 10 officers and five
from the CRA. Any layoffs would be done according to the collective bargaining agreement by
reverse seniority. The COP funds pay for eight police officers, being the last eight officers
hired. The CRA would not be affected under those terms. The grant is awarded to pay police
salaries and there are no other provisions. The total grant is $1.9 million over three years.
Mayor Taylor recalled the grant was geared toward community policing programs and the five
officers in the CRA police are totally devoted to that program. Some part of the grant funding
should be given to the CRA. Mr. Bressner advised it could be a credit toward the amount
currently being paid by the CRA to keep it separate. The officers hired by the CRA are not new
officers, rather seasoned officers with experience in the community. Commissioner Weiland
contended if it covers the salaries of 15 officers and five were CRA police, one-third of the
funding should go to the CRA. The community policing program is the basis for the award of
the funding.
Commissioner Rodriguez suggested there was community policing throughout the City with the
CRA area being one of the smaller regions. He contended the Police Chief should be allowed to
manage the department as he sees fit. The CRA police force was not mandated by any
authority .
Chief Immler indicated the audits trace the funds through the department to salaries of the
police officers. Any deviation would be contrary to grant requirements. Mayor Taylor
suggested credit should be given to the CRA of $50,000 a year. Chief Immler reiterated the
credit could not be attached to the actual COP funds.
9
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
Attorney Cherof explained that community policing is a recognized function provided by the
CRA. It was an amendment that occurred while the current Board was in power to adopt
amendments to the CRA plan.
Commissioner Rodriguez questioned whether the CRA police personnel should be dedicated to
the CRA area. Commissioner Ross pointed out all police report to the Chief. Community
policing is done throughout the City with various teams. Mr. Bressner noted if the CRA police
force were eliminated the funding would have to come from the General Fund. Commissioner
Rodriguez alleged funding the police force was taking valuable resources from the budget for
redevelopment.
Vice Mayor Hay agreed with the Mayor that the CRA force has done a good job and the $50,000
would be well spent. The force is a supplement to the regular police force. There was
consensus to budget the $50,000 per year to the CRA. Commissioner Ross commented the
residents would be concerned about any change in the police coverage. Mr. Bressner stressed
the five officers were not the only police presence in the Heart of Boynton and the CRA district.
C. Approve recommendation for Historic Preservation Ad Hoc Committee
Carisse Lejeune, Assistant to the City Manager, reviewed the past discussions relating to the
Historic Preservation issue. Staff determined the beginning steps the ad hoc committee would
need to undertake. Applications were not requested or members recruited. Several volunteers
had came forward. Direction was needed whether other committee members should be sought
or the volunteers be organized.
Commissioner Weiland appreciated those who had volunteered, but there was a duty to
publicize the creation of an ad hoc committee. Vice Mayor Hay agreed and did not feel the
names submitted represented the entire community. Commissioner Rodriguez countered the
volunteers should be utilized and not prolong the process. It was not an advisory board. The
historic preservation ordinance has been discussed at a public meeting. Commissioner Ross
clarified it was a committee only and Mr. Bressner added the Sunshine Law would still apply.
Mayor Taylor was in favor of the historic preservation ordinance and noted it would have an
impact for many property owners. He was concerned that several of the proposed committee
members did not live within the City and may have a conflict of interest. The scope of activity
of the proposed committee was determined to be sufficient. Commissioner Rodriguez noted five
volunteers have come forward for this committee while many of the advisory appointments
remain unfilled. Commissioner Weiland pointed out the historic preservation issue has been
discussed for years.
Motion
Vice Mayor Hay moved to adopt Option 2, not appoint the ad hoc committee and the list of
interested persons and actively recruit members. Commissioner Ross seconded the motion.
The motion passed unanimously.
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
D. Consideration of New Agreement with Quantum Community Development District
Mr. Bressner recalled on March 16, 2009, the Commission had voted to terminate the
maintenance contract with the Quantum Development Improvement District. Subsequently a
request was made to reconsider the agreement. Further negotiations revealed a request for
the City to take over street light maintenance in the entire Quantum area. Staff suggested the
street lights on Quantum and on High Ridge Road north and serving the TriRail station and High
Ridge Road south leading into the High School and new Fire Station 5 would be maintained by
the City. All lights would be on public rights-of-way or serving public buildings. Quantum
rejected the proposal based on their interpretation that all the streets are public and should be
maintained by the City. Mr. Bressner added the expense to maintain the medians along
Gateway would cost the City $35,000 for each of the next two years.
Attorney Cherof added staff had accommodated every request to meet and discuss the issue.
Counsel for the Quantum community was present.
Bernie Konco, attorney for both Quantum Community special taxing districts, offered his
interpretation that all the roads within the development are public roads. Quantum Boulevard
has a plat dedicated easement to the City. The issue arose because the school district refused
to contribute any monies to the special taxing district. The City wanted the school built and
agreed to take over the school district's maintenance costs because the entire City benefits from
the High School. The street light maintenance would be approximately $77,000 yearly.
Commissioner Ross clarified that the streets were open to the public rather than streets that
were in gated communities. Attorney Cherof advised the roads were open to the public, but
that fact did not make the roads public roads. Commissioner Ross wondered if other
communities would then come to the Commission to be responsible for the cost. The budget
crisis had brought the issue to the attention of the parties.
Mr. Bressner noted the addition of maintaining the medians would cost $35,000 that is reflected
in the budget. The controversy involves the additional $46,000 offered by the City and the
$77,000 demanded by the special taxing district.
Commissioner Ross reported she had heard from Parkside HOA and Mr. Charles Kanter,
President of the HOA, who expressed the residents concerns regarding the impact on their fees.
Commissioner Rodriguez did not feel it was possible at this time to add any additional costs to
the budget. Mr. Konco contended the burden was being placed on the residents of Quantum
rather than all the City residents who use the roads and streets.
Motion
Commissioner Rodriguez moved to adopt Option # 1. Commissioner Weiland seconded the
motion. The motion passed unanimously.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
X. FUTURE AGENDA ITEMS:
A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768
Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies
of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a
project cost of $1,967,947.88 with a 10% contingency of $196,794.79 for a total
project cost of $2,164,742.67. (Proposed Resolution No. R09-116) (Tabled
to October 6, 2009)
B. Approve piggyback on the City of Delray Beach contract bid #2002-37 with Chaz
Equipment of Wellington, FL to rehabilitate the City's wastewater gravity
manholes for a project cost of $256,314 with a 15% contingency of $38,447 for
a total project cost of $294,761.10. (Proposed Resolution No. R09-117)
(Tabled to October 6, 2009)
C. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification from Medium Density
Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to
December 1, 2009)
D. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of
land located on the northwest corner of High Ridge Road and Miner Road from
Planned Unit Development (PUD) to M-l Industrial District. (New Urban High
Ridge LUAR 09-001) (Tabled to December 1, 2009)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-038 Re: Abandoning of
an existing easement on the record plat known as Las Ventanas for the
expansion of Woolbright Road to add an additional turning lane onto
South Federal Highway.
Attorney Cherof read Proposed Ordinance No. 09-038 by title only on second reading.
Mayor Taylor opened the issue for public comment. No one came forward. Mayor Taylor
closed the public hearing.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-038. Commissioner
Rodriguez seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
B. Ordinances - 2nd Reading - Non-Development - PUBliC HEARING
None
C. Ordinances. 1st Reading
1. Proposed Ordinance No. 09-040 Re: Establishing a
procedure to better identify and manage vacant and foreclosed properties
by holding mortgage holders responsible through registration and third
party administration.
Attorney Cherof read Proposed Ordinance No. 09-040 by title only on first reading.
Motion
Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-040. Vice Mayor Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Mr. Bressner thanked the Commission for approving the program and commended Scott Blasie,
Code Enforcement Administrator. It partnered with the private sector without spending tax
dollars to assist with the growing situation.
2. Proposed Ordinance No. 09-041 Re: Amending
Section 16-61 and 16-62 providing administrative clarity and adding
language in the ordinance that requires advance notification when leaving
vehicles and/or trailers at the park for more than three (3) days by
patrons actively involved in fishing and/or boating activities.
Attorney Cherof read Proposed Ordinance No. 09-041 by title only on first reading.
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-041. Vice Mayor Hay
seconded the motion.
Jody Rivers, Parks Superintendent, related that some individuals were using the parking area
for boat or trailer storage. It took up too many spaces and the issue had to be addressed. If
more than three days is anticipated a permit can be obtained.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:25 p.m.
(Continued on next page)
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 1, 2009
CITY OF BOYNTON BEACH
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
ATTEST:
Jose Rodriguez, Commissioner
Janet M. Prainito, CMC
City Clerk
Marlene Ross, Commissioner
~cf-
eputy City Clerk
15
tf
VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetinl! Turned in to City Clerk's Turned in to Lellal Turned in to Procurement ('"
Dates Office '""'1'7'
0 Sentember 1, 2009 AUlrust 17, 2009 August 12, 2009 Auoust 10. 2009 ::0 ::i'-<:
".. --<;<.j
[gJ Seotember 15. 2009 August 31, 2009 August 26, 2009 Auoust 24, 2009 m .c-,
N r'!'l.O
0 v' ~::::
...,., u;-
0 3' olii
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N
.,
..".G>
-.1"'\
,n ("I'};~
0 0 City ManalIer's Renort N ~
AnnouncementsfPresentations
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearin2: 0
RECOMMENDATION: Motion to approve the "piggy-back" of Palm Beach County Annual Traffic Signal Construction
Contract project #2009055 which was awarded to Gerelco Traffic Controls, Inc. of Port Saint Lucie, Florida for the
construction of the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard for a total cost of
$248,887.28; which includes a five (5%) percent contingency.
EXPLANATION: On October 21 ", 2008, the City Commission authorized the City Manager to execute an agreement
berween the City and D.R. Horton, Inc. wherein D.R. Horton agreed to not seek a refund of the $136,300.00 in impact fees for
Knollwood PUD park site and instead those funds would be used for the construction of a traffic signal at the intersection of
Gateway Boulevard and Quantum Boulevard. Per the agreement berween the City and D.R. Horton, Inc. dated November
4th, 2008; if the City does not have the signal construction under contract within thirty-six (36) months from the date of the
agreement then City will have to refund the $136,300.00 to D.R. Horton, Inc.
After execution of the agreement berween the City and D.R. Horton, Inc.; the Public Works DepartmentlEngineering Division
contracted with Arcadis US, Inc. to perform design services and develop the construction documents for the Traffic
Signalization of Gateway and Quantum Boulevard, The design phase has been completed and the Engineering Division is
now ready to proceed with the construction phase of the project.
In order to complete the project the City's cost share for the project will be funded from the transportation budget by utilizing
monies from the Wayfmding Signage program. Because of the inunediate needs of the traffic signal and the time constraints
of the agreement; the wayfinding signage program will be postponed until the current economic climate changes and future
transportation dollars are allocated through tax revenue.
As part of the project the Streets Division of the Public Works Department will be self performing and/or subcontracting the
modifications and installation of the concrete, asphalt, signage, and pavement markings. These items were removed from the
proposal from Gerelco Traffic Control Inc. to reduce the overall cost of the project. The work is estimated to cost
approximately $25,000.00 which is a savings of$41,000.00 based on the pricing received from the piggy back contract.
PROGRAM IMP ACT: Per the City's request the Palm Beach County Traffic Engineering Division performed a traffic
signal warrant analysis on August 21 S\ 2006. The results of the analysis confirmed the need for a traffic signal at the Gateway
Boulevard and Quantum Boulevard intersection. The installation of the traffic signal will improve traffic safety and provide
a means for safer vehicle movements through the intersection.
S:\Engineering\Agenda Items\Agenda Items 2009\Gateway-Quantum Blvd Traffic Signal-082409.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
Proiect(s) Fiscallrnoact
Traffic Signal Construction Costs
D.R. Horton's share:
City's Share:
$248,887.28 (which includes a 5% contingency)
$136,300.00
$112,587.28
Proiect( s) Budget Impact
Exoenses
Traffic Signal Construction Costs
Five (5%) Percent Contingency
Total Funding
$237,035.50
$ 11.851.78
$248,887.28
Funding Sources
D.R. Horton's Share
City's Share
Total Funding
$136,300.00
$112.587,28
$248,887.28
City's Share Budgeting
Wayfinding Signage Budget FY08/09
$280,00000
ALTERNATIVES:
Do not authorize the piggy-back of Palm Beach County Traffic Signal Construction Contract and do not construct the trallic
signal.
EXHIBITS:
A - City of Boynton Beach Resolution No. R08-l2l
B - Agreement between the City of Boynton Beach and D.R. Horton, Inc. Traffic Signalization dated November 4'''. 2008.
C - Palm Beach County Annual Traffic Signal Contract project #2009055 aw"'jIed to Gerelco Traffic Controls. Inc.
D - Proposal to construct the traffic signal from Gerelco Traffic Controls, c. fated August 24'''.2009.
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1\ssistant to City Manageri~il
Public Warks/Engineering Division
Department Name
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S:\Engineering\Agenda Items'A.genda Items 2009\Gateway-Quantum Blvd Traffic Signal-0824()l).dOl
1
2 RESOLUTION NO. R09-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE "PIGGY-BACK" OF A PALM
7 BEACH COUNTY CONTRACT #2009055 WITH
8 GERELCO TRAFFIC CONTROLS, INC., OF PORT
9 ST. LUCIE, FLORIDA, FOR CONSTRUCTION OF
10 THE TRAFFIC SIGNAL AT THE INTERSECTION
11 OF GATEWAY BOUELVARD AND QUANTUM
12 BOULEVARD; AUTHORIZING THE MAYOR AND
13 CITY CLERK TO EXECUTE A CONTRACT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, City staff has confirmed that the County of Palm Beach has
17 complied with Public Contract Bid requirements which equal or exceed the City of
18 Boynton Beach's requirements; and
19 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back"
20 a Palm Beach County Contract #2009055 and authorizes the Mayor and City Clerk to sign
21 a Contract with Gerelco Traffic Controls, Inc., of Port St. Lucie, Florida for construction
22 of the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption.
28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
29 approves the "piggy-back" of a Palm Beach County Contract #2009055 and authorizes the
30 Mayor and City Clerk to sign a Contract with Gerelco Traffic Controls, Inc., of Port St.
S:\CA\RESO\Agreements\Bid Awards\Piggy-Back PBe. Gerelco doc
I
11 Lucit:. Florida fo] constructhJn de the traffic slgn;:ii at the mtersectIon ;~t' CatC\\d\
2 Boulevard and Quantum Boulevard, a copy of the Agreement IS attached hereto as Exhibit
3 "'A".
4
Section 3.
That this Resolution shall become effective immediately.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (C orporate Sea])
33
PASSED AND ADOPTED this ~_ day of September, 2009.
ClTY OF BOYNTON BEACH, FLORIDA
Mayor -Jerry 'faylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner Jose Rodriguez
Commissioner - Marlene Ross
S:\CA\RESO'Agreemt:nts\Rid Awards\Plggy-H,lCk PBC -lj\:felcu due
CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL
This Agreement is made as of this _ day of , 2009 by and between
GERELCO TRAFFIC CONTROLS, INC., of Port Saint Lucie, Florida, a Florida Corporation,
with offices at 560 N.W. Enterprise Drive, Port St. Lucie, Florida 34986 ("GERELCO"), and
THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100
East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS, pursuant to a Palm Beach County Traffic Engineering Division analysis,
the installation of a traffic signal will improve traffic safety and provide a means for safer vehicle
movements through the intersection; and
WHEREAS, GERELCO, submitted a proposal dated August 24, 2009 to the City for
construction of the traffic signal at the intersection of Gateway Boulevard and Quantum
Boulevard for a total cost of $248,887.28, which includes a five (5%) contingency at prices
based on Palm Beach County Contract #2009055); and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
for otheL valuable consideration. received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section I.
this Agreement.
The foregoing recitals are true and correct and are hereby incorporated in
Section 2. The City and GERELCO, agree that GERELCO shall construct the traffic
signal at the intersection of Gateway Boulevard and Quantum Boulevard pursuant to
GERELCO'S proposal dated August 24, 2009 and incorporating the terms and conditions for
performance as set forth in Palm Beach County Contract #2009055, a copy of which is attached
hereto as Exhibit "A", except as hereinafter provided:
A All references to the Palm Beach County shall be deemed as references to the City
of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 I Facsimile: (561) 742-6090
Page I
S:\CA\AGMTS\Plggyback (pac - Gere1co Traffiel.doc
Cop\' James A. Cherof. City Attorncy
Goren, CheroL Doody & EzroL I' A.
3099 East Commercial Boulevard. Suite 200
Fort Lauderdale. FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771 -4923
C. The proposal from GERELCO datcd August 24. 2009. is attached hereto Exhibit
'"B".
Section 3. In the event that the Palm Beach County Contract is amended, or
terminated, GERELCO shall notify the City within ten (10) days. In the event the Palm Beach
County Contract is amended or terminated prior to its expiration, this Contract shall remain in
full force and effect, and not be deemed amended or terminated. until specifically amended or
terminated by the parties hereto.
Section 4. The GERELCO agrees that in the event it enters into a Contract for the
same (or substantially similar) scope of services with another local government in Florida which
contains a term or condition! including fees, charges or costs~ Vv'hich the City determines to be
more favorable than the terms in this Contract, the parties shall enter into an Addendum to
provide those terms to the City.
Section 5. The insurance required shall require thaI thc Certificate oflnsurance name
the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Palm Beach County
Contract are hereby ratified and shall remain in full force and effect under this Contract, as
provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY OF BOYNTON BEACH. FLORIDA
ATTEST:
By:
Ma\'or
City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
Page 2
S:\C;\"AG!'vnS,Plggyhad: (PBC (,crelcn Trafflt:).du\:
WITNESSES:
ATTEST:
SECRETARY
S:\CA\AGMTS\Plggyback IPse - Gerelco Traffic).doc
GERELCO TRAFFIC CONTROLS, me.
BY:
Page 3
Print Name:
Title:
EXHIBIT it
AGREEMENT BETWEEN PALM BEACH COUNT\
AND GERELCO TRi\FFIC CONTROLS, INC
S'ICA'.,AliMTS\Piggyback (PBC - Cierelco Traffic I doc
Page 4
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PROPOSAL FORM
GERELCO TRAFFIC CONTROLS. INC.
(COMPANY NAME)
560 NW ENTERPRISE DR.
~
PORT ST. LUCIE. FL
(COMPANY ADDRESS)
34986
ZIP CODE
I
I
772/340-7474
PHONE NUMBER
772/323-2005
FACSIMILE NUMBER
mhawthorne(cilqerelco,com
E-MAIL ADDRESS
B
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90-0174266
Federal Tax ID#
DATE SUBMITTED:
JANUARY 13, 2009
.
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FOR THE CONSTRUCTION OF: ANNUAL TRAFFIC SIGNAL CONTRACT
PALM BEACH COUNTY PROJECT NO. 2009055
TO: THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA:
FJ.'"
[j
We, the undersigned, hereby declare that no person or persons, firm or corporation, other than
the undersigned, are interested in this proposal as principals, and that this proposal is made without
collusion with any person, firm, or corporation, and we have carefully and to our full satisfaction
examined the Contract Documents, and that we have made a full examination of the location of the
proposed work and the source of supply of materials, and we hereby agree to furnish and pay for all
necessary labor, equipment, materials and services, fully understanding that the quantities shown
herein are approximate only and that we will fully complete all necessary work in accordance with the
Contract Documents and the requirements under them of the Engineer, within the time limit specified in
this proposal for the following unit prices, to wit:
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
PROJECT NUMBER: 2009055
,10 PROPOSAL
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Item Number Description Qty Unit Only Unit Price Total V
102-l-A GENERAL MAINTENANCE OF TRAFFlC 1500 HR F&1 590.00 5135000,00
102'1.B MAINTENANCE OF TRAFAC (SECURING SIGNAL POLEI 20 HR F&1 5145.00 <2 900.00 v
MAINTENANCE OF TRAFFIC (lITlLl1Y LOCATION, SOFT 598.50 <4 92S.00
t02-I-<: DIG' SO HR F&1
102-11 POLICE ASSIST FOR MAINTENANCE OF TRAFFIC 100 HR F&1 554.00 55400.00
CHANGEA8LE . VARIABLE MESSAGE SIGN
102-99 rT.MPORARY' 50 ED F&1 546.S0 5232S.00 v
144-77 TRAFFlC MONITORING STATION 14 LANE DIVIDEDI 10 EA F&1 59480.00 594800.00 v
144-78 TRAFFIC MONITORING STATION I ADDmONAL LANE' 20 EA F&1 <I 305.00 526 100.00 v
400-1-1S Q.ASS I CONCRm (MISC.) WIRE REINFORCED 20 C( F&1 5575.00 <11 500.00 v
455-142 CR05SHOLE 50NIVlOGGING TEST 30 EA F&1 <I 87S.oo <S6 2S0.00
522+A CONCRm SIDEWALK 4" TI1ICK 300 5Y F&1 <7S.00 522 SOO.OO
522+B CONCRm SIDEWALK 6" TI1ICK 300 SY F&1 < I1S.00 534 SOO.OO
552-1-<: PAVER BRICK REPAIR - REMOVE AND REPLACE 200 SF F&1 520.00 <4000.00
620-1-1 GROUNDING ELECTRODE 2S PI F&1 52S.00 <625.00 v
630-1-1H 1" GALV. IMe, ABOVE GROUND CONDUIT 300 LF F&1 <to.OO <3 000.00 v
630-HH.25 1 V. " GALV. IMC. ABOVE GROUND CONDUIT 50 LF F&1 <11.S0 5575.00 Y
63D-Hl-2 2" GALV. IMC. ABOVE GROUND CONDUITL 2000 IF F&1 <14.75 529 500.00 Y
630+12-2 2" PIIC '5CH 40' UNDERGROUND CONDUIT 21000 IF F" <4.50 " 594 SOO.OO
~~,. . =.. ~ - ..... . .. .~. -" -. ----
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63D-H2-2A ADDmONAL 2" PIIC (SCH 40\ CONDUIT IN TRENCH 10000 IF F&1 <1.75 517 500.00
SPLIT DUCT, 2" PIIC (SCH 40), INCLUDE 90 DEGREE <5.50
'30+12-2SD SWEEPS AND COUPLINGS SOO IF F&1 <2750.00 Y
,30-1-12-1 4" PIICISCH 4iJ) UNDERGROUND CONDUIT tooo LF F&1 <7.50 $7500,00
ADDmONAL4" PIIC(SCH 40) UNDERGROUND <4.00 $4 000.00
63D- H2-1A CONDUIT OPEN TRENCH 1000 IF F&1
CO~~~IT, .~NDERGROUND, 4" PIIC (SCH 40) WITH (3) <9.25 $4 625.00
63D-H2-4i 1'1<" HOPE INNERDUCT 500 LF F&1
CO~~~IT, :,DDmONAL 4" (HOPE SDRll) WITH (3) 59.25 <4 625.00
63D- H2-1iA IV." HOPE INNERDUCT 500 IF F&1
630+ t2-i6 INNERDUCT 1'4" 'HOPE SDRll 2000 LF F&1 52.2S <4 500.00 Y
1-2" (HOPE SDR 11) UNDER PAVEMENT CONDUIT <9.75
630-H3-2-1 DIRECTIONAL BORE' 2000 LF F&1 519 500,00
2-2" (HOPE SDR 11) UNDER PAVEMENT CONDUIT <13.45
63D-H3-2:2 DIRECTIONAL BORE' 12000 IF F&1 5161400.00
3-2" (HOPE 5DR 11).~NDER PAVEMENT CONDUIT $16.75 <201 000.00
63D-1-13-2-3 DIRECTIONAL BORE 12000 IF F&1
630- H3-2-1 1:'2" (HOPE SDR 11).~NDER PAVEMENT CONDUIT 10000 IF F&1 <19.75 5197 500.00
DIRECTIONAL BORE
4" (HOPE SDR 11) UNDER PAVEMENT CONDUIT <13,00
63D-H3-1 1 'DIRECTIONAL BORE' 200 LF F&1 <2 600,00
CONDUIT UNDER PAVEMENT, H" (HOPE SDR 11) "
Wn::;',P) t '4" (HOPE) INNER DUCT (DIRECTIONAL $16.50 $3 300,00
630-H3-1i-1 BORE 200 LF F&1
CONDUIT UNDER PAVEMENT, 2-1" (HOPE SDR 11)
~,P) 1 '1." (HOPE) INNER DUCT (DIRECTIONAL
63D-1-13-11.2 BORE 200 LF F&1 $30,00 56 000.00
6" (HOPE SDR 11) U~DER PAVEMENT CONDUIT <23.00
630+ 13-6 DIRECTIONAL BORE 200 LF F&l $4 600.00
630-1-t5-2 2" GALV. IMC. BRIDGE MT. CONDUIT 2000 LF F&l <14.75 <29500,00 Y
CONDUIT, 2" PVC (SCH 40), OPEN TRENCH IN <4.25
30- H6-2 PAVEMENT 500 IF F&1 52 t25,00
CONDUIT, 4" (HOPE SDR 11) WITH (3) 1'1<" (HOPE)
630-1-16-4; INNERDUCT OPEN TRENCH IN PAVEMENT 100 LF F&1 $9.25 <925.00
630-1-30-5 1.25" AGURE 8 HOPE INNERDUCT AERIAL CONDUIT 1000 LF F&l <3.80 <3800.00
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t_', PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
PROJECT NUMBER: 2009055
BID PROpOSAL
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Item Number Description Qty Unit Only Unit Price Total V
RODDING AND CLEANING OlJT EXISTING CONDUIT ,
630-3 SCH 40 2000 LF F&I <0.65 $1300.00 i
632-6-H9 SIGNAL CABLE - 19 CONOUerOR 6000 LF F&I '3.05 $IB 300.00 Y
632-6-[-4 SIGNAL CABLE - 4 CONDUerOR 2000 LF F&I $1.95 S3 900,00 Y
632+HA SIGNAL CABLE SPAN LENGTH 0' - 250') 5 PI F&I $965.00 <4 825.00 Y
632-].[-IB SIGNAL CABLE 'SPAN LENGTH 251' - 350') 5 PI F&I $t 145.00 $5725.00 Y
632+HC SIGNAL CABLE SPAN LENGTH 35t' - 450') 5 PI F&I <1 435.00 $7 175.00 Y
632-7-HD SIGNAL CABLE (SPAN LENGTH 451' - 550') 5 PI F&I $2 270,00 $ll 350,00 Y
632.7+tE SIGNAL CABLE (SPAN LENGTH 551' ' 650') 5 PI F&I $3 200,00 $ 16000.00 Y
632+HF SIGNAL CABLE (SPAN LENGTH 6St' - 750') 5 PI F&I $3 450,00 <17250.00 Y
632-7.t.lG StGNAL CABLE (SPAN LENGTH 7S I' - Greater) 5 PI F&I <4 050.00 $20250.00 Y
632+H PEDESTRIAN SIGNAL CABLE - 4 CONDUerOR 100 PI F&I <900.00 $90 000.00 Y
632-],[-7 PEDESTRIAN SIGNAL CABLE - 7 CONDUerOR 100 PI F&I 't 085.00 $lOB 500,00 Y
633-11H2 ABER OPTIC CABLE, (FSM) 12-CQUNT (AERIAL) 1200 LF F&l $2.93 $3 516.00
633-111-24 ABER OPTIC CABLE, (FSM) 24-COUNT (AERIAL) 2SOOO LF F&I $3.07 76 750.00
633-11H8 ABER OPTIC CABLE. (FSMl 48-CQUNT (AERIAL) 25000 LF F&I $3.32 83 000.00
633,11l-96 ABER OPTIC CABLE. (FSMl 96-COUNT (AERIAL) 2SOOO LF F&I $3.9S 98 750,00
FIBER OPTIC CABLE, (FSM) 12-COUNT I $1.53 $18360.00
633-121-12 UNDERGROUNDl 12000 LF F&I
FIBER OPTIC CABLE, (FSM) 24.COUNT : i i
633-121-24 UNDERGROUND) 25000 LF F&I $1.69 $42 250.00
FIBER OPTIC CABLE, (FSM) 48-COUNT $1.90
633-12 H8 I'UNDERGROUND) 25000 LF F&l <47 500,00
ABER OPTIC CABLE, (FSM) 96-COUNT $2.6t $65 2so.001
633-121-96 UNDERGROUND) 25000 LF F&I I
FIBER OPTIC CABLE, 12-COUNT (AERIAL), INSTALL
633-311-12 ONLY 6000 LF I <0.93 $5 580.00
ABER OPTIC CABLE, 24-COUNT (AERIAL), INSTALL :
633-311-24 ONLY 6000 LF I $0.93 $5 580.001 i
ABER OPTIC CABLE, 48-COUNT (AERIAL), INSTALL I , i
633-31H8 ONLY 6000 LF I <0.93 <5 580,001
FIBER OPTIC CABLE, 96-COUNT (AERIAL), INSTALL i <0.93 :
633-311-96 ONLY 6000 LF I $5 580.00
FIBER OPTIC CABLE, 12-COUNT (UNDERGROUND), I $1.02
633-32H2 INSTALL ONLY 6000 LF I $6 t20.DO
ABER OPTIC CABLE, 24-COUNT (UNDERGROUND), ! i
633-321.24 INSTALL ONLY 6000 LF I $1.02 $6 120001 I
FIBER OPTIC CABLE, 48-COUNT (UNDERGROUND), $6 120,001 I
6J3-J2H8 INSTAlL ONLY 6000 LF I <1.02
FIBER OPTIC CABLE, 96-COUNT (UNDERGROUND), , I
633-321-96 INSTALL ONLY 6000 IF I I , $1.02 $6 120,001
FIBER OPTIC CABLE, (FSM) 12-CDUNT DIREer BURY , , ,
633-42H2 IN SAWCUT 1000 LF I : <7.80 $7 800.001 i
FIBER OPTIC CABLE, (FSM) 24-COUNT DIREer BURY : $804{],001 I
633-421-24 IN SAWCUT 1000 LF I $8.04
FIBER OPTIC CABLE, (FSM) 48-COUNT DIREer BURY i I
633-421-48 IN SAWCUT 1000 LF I $8.29 $8 290.00
6J3-7-t2 TERMINATION 12-COUNT FI8ER SO EA F&I $12S2.88 $62 644.00
633-7.18 TERMINATION 18-COUNT FIBER 5 EA F&I $I 662.38 $8311.90
633-7-24 TERMINATION 24-cOUNT FIBER 10 EA F&I $2033.13 $20 33t.J0
633,7.36 TERMINATION 36-COUNT FIBER S EA F&I $3066,38 15331.90
633-7-48 TERMINATION 48-COUNT ABER 30 EA F&I <4 070.25 <122 107.50
633-7.6 TERMINATION 6-COUNT FI8ER 10 EA F&I $906.75 -,~ ~ $9,067.50
'633.7-96 TERMtNATION 96-COUNT FIBER 5 EA F&I <7 034.63 $35173.15
633-9-12 SPLICE FIBER OPTIC FUSION (12-COUNTl SO EA F&I $1 252.88 $62 644,00
633-9-18 SPLICE FIBER OPTIC FUSION (J8-COUNT) 5 EA F&I $1530.75 $7 653,75
633-9-24 SPLICE FIBER OPTIC FUSION 24-COUNT) 50 EA F&I $I 662,38 $83 119.00
633-9-36 SPLICE FIBER DPTIC FUSION 36-COU~ n 5 EA F&I $2349.75 $ll 748.75
633-9-48 SPLICE FIBER DPTIC FUSION 48-COU n 50 EA F&I $3017,63 1150 881.50
633-9-6 SPLICE FIBER OPTIC FUSION 6-COUNl 5 EA F&I $1057.88 $5 289 AO -1
--
633-9-96 SPLICE FIBER OPTIC FUSION 196-COUNT) 4 EA F&I $5,113.88 $20A55.52
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
"ROJECT NUMBER: 2009055
,0 PROPOSAL
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Item Number Description Qty Unit Only Unit Price Total y
633-9-30 SPUCE FIBER OPTIC FUSION 30-COUNn 10 EA F&l $2 174.2S $21 742.50
633-9-54 SPUCE FIBER OPTIC FUSION f5+CQUNn 10 EA F&I $3 S53.88 $35 538.80
634+ t04 v." SPAN WIRE ASSEMBLY FOR COMMUNICATION 25000 LF F&I U.34 <33 500.00
634+113-IA SPAN WIRE ASSEMBLY ('1;") (SPAN LENGTH 0' - 250') 2 PI F&I $800.00 U 600.00 v
SPAN WIRE ASSEMBLY (W) (SPAN LENGTH 251' - $97S.00
634-4- tl3-1 B 350') 2 PI F&I $1 9S0.OO v
SPAN WIRE ASSEMBLY ('1;") (SPAN LENGTH 351'- <I 250.00
634+tl3-1C 4S0') 2 PI F&I <2 500.00 v
SPAN WIRE ASSEMBLY (W) (SPAN LENGTH 451' , U 800.00 $1 800.00
634-4-tl3-1D 550') I PI F&I v
SPAN WIRE ASSEMBLY (W) (SPAN LENGTH 551'- $1925.00 U 925,00
634+ 113-IE 650') t PI F&I v
SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH 0' - U 850.00 U 850.00
634+tl3-ZA 250') I PI F&I v
SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH: 25t'- U 950.00
634-4-tl3-2B 350') I PI F&I $1 950.00 v
SPAN WIRE ASSEMBlY (7/16") (SPAN LENGTH: 351'- $2 250.00 <2 250,00
634+tl3-2C 450'\ t PI F&I v
SPAN WIRE ASSEMBLY (7/t6") (SPAN LENGTH: 451'- $2 950.00 $2950.00
634+113-2D 5SO') I PI F&I v
SPAN WIRE ASSEMBlY (7/16") (SPAN LENGTH: 55t'- $3 250.00 $3 250.00
634-4-113-2E 650'L I PI f&l_ 'v
SPAN WIRE ASSEMBLY 3/8 HIGH YIELD (SPAN
634+ I13-IE-HY LENGTH 551' - 650') I PI F&I <3 225.00 $3 225.00 v
SPAN WIRE ASSEMBLY (3/8") (SPAN LENGTH 651'- $3 100.00 $3 100.00
J4+113-IF 750'! 'I PI F&I v
SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH 65t'- $3 700.00 $3 700.00
634+tl3-2F 750'! I PI F&I v
SPAN WIRE ASSEMBLY 3/8 HIGH YIELD (SPAN $4 950.00
634-4-113-tF-HY LENGTH 651' -750'\ I PI F&I $4950.00 v
SPAN WIRE ASSEMBLY (3/8") (SPAN LENGTH 75t' - <3 950.00
634+ 113-1G Greater \ I Pt F&I $3 950.00 v
SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH 751', $4200,00 <4 200.00
634+ 113-2G Greater) I PI F&I v
SPAN WIRE ASSEMBLY 3fo" HIGH YIELD (SPAN
634+tl3-IG-HY LENGTH 7St' -Greater) I PI F&I $5925.00 $5 925.00 v
PULL BOX (30" x 48" x 24"D) HEAVY DLf1Y SPlIT $945.00 $75 600.00
635-H5A COVERS 80 EA F&I
635+ISB PULL BOX (17" x 30" x 12"D) HEAVY DLf1Y COVERS 600 EA F&I $340.00 $204 000.00
PULL BOX (17" x 30" x t2"D)SPEClAL-TRAFFlC LOAD <375.00
63S+15B-S BEARING HEAVY DLf1Y COVERS 20 EA F&I $7 500,00
PULL BOX, (l7"X30")(18"D) FlBERGUlSS, HEAVY DLf1Y
635-l-ISC COVERS tOO EA F&I $430.00 $43 000.00
PULL BOX, (17")(30"X24"D) FIBERGUlSS, HEAVY DLfIY $520,00 $13 000.00
635-I-t5D COVERS 2S EA F&I
PULL BOX, STAINLESS STEEL CORROSION RESISTANT
635-H5E - WALL MOUNT 2 EA F&I $750.00 <1 500.00 v
639-1-13 ELECTRICAL POWER SERVICE (OVERHEAD! 20 AS F&I <875.00 $17500.00 v
639+23 ELECTRICAL POWER SERVICE (UNDERGROUND! 80 AS F&I <850.00 $68 000.00 v
639-2-1 ELECTRICAL SERVICE WIRE 2000 LF F&I $1.25 2 SOO.OO v
639-3-11 ELECTRICAL SERVICE DISCONNECT 20 EA F&I $200.00 4 000.00 v
64H GUYING CONCRETE STRAIN POLES 4 EA F&I $S75.00 2300,00 v
641-2'12-12 PRESTRESSED CONCRETE POLE (12' TYPE P-Il ) 30 EA F&I $651.00 19530.00 v
11-2-15-44 PRESTRESSED CONCRETE POLE (44' TYPE P-V) 12 EA F&I 2 872.00 $34464.00 v
11-2-16-44 PRESTRESSED CONCRETE POLE 44' TYPE P-Vl) 12 EA F&I 3 372.00 $40 464.00 v
641-2-16-46 PRESTRESSED CONCRETE POLE 46' TYPE P-Vl) 8 EA F&I 3409.00 $27272.00 v
641-2-17-44 PRESTRESSED CONCRETE POLE 44' TYPE P-VlIl 8 EA F&I $3 746.00 $29 968.00 v
641-2-17-46 PRESTRESSED CONCRETE POLE (46' TYPE P-VlIl 4 EA F&I $3935.00 US 740.00 v
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
PROJECT NUMBER: 2009055
BID PROPOSAL
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Item Number Description Qty Unit Only Unit Price Total V
641'2-17-S0 PRESTRESSED CONCRETE POLE (SO' TYPE p-vm 4 EA F&l $4 063.00 $162S2.00 v
641-2-19-70 PRESTRESSED CONCRETE POLE (70' IJTlLITY TYPE) 4 EA F&l $4810.00 $t9240,00 v
PRESTRESSED CONCRETE POLE (INSTALL ONLY - v, I '
64t,2-30 VI VII OR VIm 40 EA I I $t 97S,00 $79000.001 v I
PRESTRESSED CONCRETE POLE (70' IJTlLITY I !
641-2-30-70 TYPE)(INSTAlL ONLY) 4 EA I '2 SOO,OO $10 000.00 vi
64H GUIYING WOOD POLE 4 EA F&l $SSO.OO $2200.00 v
643-145 WOOD 5TAAIN 45' POLE 8 EA F&l $890,00 $7 120.00 v
64HSO WOOD STRAIN SO' POLES 10 EA F&l II 000.00 $10000.00 v
64HSS WOOD 5TAAIN 55' POLE 16 EA F&l <1 100.00 $17600.00 v
643-300 WOOD 5TAAIN POLE ( INSTALL ONLY) 4 EA I $675,00 $2 700.00 v
649-31-lOt MAST ARM ASSY DI-sI 36' 4 EA F&l $16565.00 $66 260.00 v
649-31-102 MAST ARM ASS'f D3-s246' 4 EA F&l $19650.00 $78600.00 v
649-31-103 MAST ARM ASS'f Ds-S3 60' 4 EA F&l $27 ns.OO $110900.00 v
649,31-104 MAST ARM ASS'f D6-S4 70' 6" 6 EA F&l $33 290,00 $199 740.00 v
649-31-tOs MAST ARM ASS'f D7-S6 78' 4 EA F&l $33 485,00 $133 940.00 v
649-33-0oo-D MAST ARM (ARM ONLY) INSTALL ONLY 4 EA I $SSO,OO $2200.00 v
649-33-0oo-DS MAST ARM (ARM &UPRIG~) INSTALL ONLY 4 EA I $850,00 $3 400.00 v
649-33-000-5 MAST ARM (UPRIG~ ONLY) INSTALL ONLY ~ EA I 1550.00 $2200,00 v'
649-33-101 MAST ARM ASS'f Dt-St 36' INST ONLY 2 EA I $5 500.00 $1I 000,00 v
649-33-102 MAST ARM ASSY D3-S2 46' INST ONLY 2 EA I $6200.00 $12400,00 v
649-33-104 MAST ARM'ASS'f D6-S470'6'INSTONLY 2 EA I $8 650.00 <17 300.00 v
MAKE AVAILABLE A 21-Ff LOW PROFILE AUGER
649-4 TRUCK FOR DRill SHAFf FOUNDATION 12 PI F i $1.00 $t2.oo v
TRAFFIC SIGNAL HEAD ALUMINUM (I -SEmON, t- I
6s0-SI-IIt WAY) 20 AS F&l $3S0.OO $7000,00 v
TRAFFIC SIGNAL HEAD UG~ WEIG~ (I-SEmON, 1-
6S0-SI-lt2 WAY) 4 AS F&l i $350.00 $1 400.00 v
TRAFFIC SIGNAL HEAD ALUMINUM (I-SEmON, 2' I
6S0-sH21 WAY) 4 AS F&l $625.00 $2 500.00 v
TRAFFIC SIGNAL HEAD UG~ WEIGHT (I-SEmON, 2- $625.00
6So-SH22 WAY) 4 AS F&l $2 SOO.OO v
TRAFFIC SIGNAL HEAD ALUMINUM (I.SEmON, 3- , $800.00
650-51-131 WAYl 4 AS F&I $3 200,00 v
TRAFFIC SIGNAL HEAD UGHT WEIG~ (I-SEmON, 3-
6So-SH32 WAY) 4 AS F&l $800.00 $3 200,00 v
TRAFFIC SIGNAL HEAD ALUMINUM (I-SEmON, 4- $900,00
6S0-SH41 WAY) 4 AS F&l $3 600,00 v
TRAFFIC SIGNAL HEAD UGHT WEIG~ (I-SEmON, 4- $900.00 vi
6S0-S1-142 WAY) 4 AS F&l $3 600.00
TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, I. I
6S0-S 1,3 1I WAY) 400 AS F&l $700,00 1280000,00 vi
TRAFFIC SIGNAL HEAD UG~ WEIGHT (3-SEmON, I- i ,
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6S0-S1-312 WAY) 20 AS F&l $700.00 $14000.00 vi
TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 2. F&l i ,
6S0-S1'321 WAY) 20 AS $97S,00 $19500,00 vi
TRAFFIC SIGNAL HEAD UGHT WEIGHT (3'SEmON, 2- I ,
650-51-322 WAY) 2 AS F&l $97S.OO 119S0,00 vi
TRAFFIC SIGNAL HEAD AlUMINUM (3-SEmON, 3- I
650-51'331 WAY) 2 AS F&l $1300.00 $2 600.00 v
TRAFFIC SIGNAL HEAD UGHT WEIG~ (3-SEmON, 3- I ...., "s,., ~J
6S0-S1-332 WAY) , , ,~.s ! F&! ! q 240,00. -,t. 'i v.W' ,
I TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 4- I
650-S1-341 WAY) 2 AS F&l <1 800,00 <3 600.00 v
TRAFFIC SIGNAL HEAD UGHT WEIGHT (3-SEmON, 4- $1.720.00
650-51-342 WAY) 4 AS F&l <6 880,00 y
TRAFFIC SIGNAL HEAD ALUMINUM (4-SEmON, 1- ,
6S0.S1-411 WAY) 20 AS F&l 1870,00 $17400.00i .,;i
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
OROJECT NUMBER: 2009055
10 PROPOSAL
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Item Number Desaiption Qty Unit Only Unit Price Total V
TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (+SEmON, 1- '850.00 < 1 700.00
650-51412 WAY! 2 AS F&l v
TRAFFIC SIGNAL HEAD ALUMINUM (5-5EmON, 1- SI tOO.OO <110000,00
650-51-5 II WAY! 100 I>S F&l v
TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (5-5EmON, 1- '1 050.00 '21 000.00
650-51-512 WAY) 20 I>S F&l v
TRAFFIC SIGNAL HEAD ALUMINUM (1'5ECT10N, 1- '90.00 '180.00
650-53-Ill WAY! INSTALL ONLY 2 I>S I v
TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (I-SEmON, 1- '90.00 <IBO.OO
650-53-112 WAY! INSTALL ONLY 2 I>S I v
TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 1- SI50.00 <300,00
650-53-311 WAY! INSTALL ONLY 2 AS I v
TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (3-SEmON, t- SI50.00 '300.00
650-53-312 WAY! INSTALL ONLY 2 I>S I v
TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 2- S250.00 S500,00
650-53-321 WAY\1NSTALL ONLY 2 AS I v
TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (3-SEmON, 2- '250.00 <500.00
650-53-322 WAYIINSTALL ONLY 2 AS I v
TRAFFIC SIGNAL HEAD ALUMINUM (+SEmON, 1- SI7S.00 <350.00
650-53-411 WAY! INSTALL ONLY 2 I>S I v
TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (+SEmON, t- ._- -'1175:00 - "'50.00 -y--
650-53-412 WAY! INSTALL ONL Y__ . - _u -- . 2 I>S I ....-... ----
TRAFFIC SIGNAL HEAD ALUMINUM (5-SECTION, 1- S225.00 '3 600.00
650-53-511 WAY) INSTAU ONLY 16 I>S I v
TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (5-SEmON, 1- S225.00 '900.00
650-53-512 WAY! INSTALL ONLY 4 I>S I v
PEDESTRIAN SIGNAL - COUNT DOWN (I-WAY) '720.00 '144 000.00
653-191 ALUMINUM 200 EA F&l v
PEDESTRIAN SIGNAL - COUNT DOWN (2-WAY) < I 350.00 <135000.00
653.192 ALUMINUM 100 EA F&l v
659-101 SIGNAL HEAD AUX. (SACK PlATES 3-SEmON\ 20 EA F&l S70.00 SI 400.00 v
659-t02 SIGNAL HEAD AUX. (BACK PLATES 4-SEmON! 10 EA F&l S9S.00 '950.00 v
659-103 SIGNAL HEAD AUX. (DISCONNECT HANGER! 12 EA F&l '295.00 -.) 540.00 v
659-107 SIGNAL HEAD AUX. (ALUMINUM PEDESTAL' 200 EA F&l <750.00 <ISO 000.00 v
6S9-tll SIGNAL HEAD AUX. (SACK PLATES I-SEmON\ 4 EA F&l S70.00 <280,00 v
659-118 SIGNAL HEAD AUX. (SACK PlATES 5-SEmON' 12 EA F&l SI35.00 SI 620.00 v
SIGNAL HEAD AUX. LED MODULE GREEN (FURNISH & SIl8.00 '4 720.00
659-120-1 INSTALL! 40 EA F&l V
ISlGNAL HtAD AUX. LED MuDULE REu (FURNISH & S85.00 <3 400.00
659-120-2 INSTALL\ 40 EA F&l v
SIGNAL HEAD AUX, LED MODULE YELLOW (FURNISH SI08.00 S4 320.00
659-120-3 & INSTALL! 40 EA F&l v
SIGNAL HEAD AUX. LED MODULE GREEN ARROW
659-120-4 I 'FURNtSH & INSTALL! 20 EA F&l '95.00 < I 900.00 v
I ~!GNAL HEAD AUX. LED MODULE RED ARROW S65.00 SI 300.00
659-120-5 FURNISH & INSTAU\ 20 EA F&l v
SIGNAL HEAD AUX. LED MODULE YELLOW ARROW
659-120-6 FURNISH & INSTALL! 20 EA F&l S68.00 '1 360,00 v
MAST ARM SIGNAL HANGER ( I-WAY) (FURNISH & St90.00 'I 900.00
659-121-t INSTALL! 10 EA F&l v
MAST ARM SIGNAL HANGER ( 2,WAY) (FURNISH & '350.00 <3 500.00
659-12t-2 INSTALL! 10 EA F&l v
MAST ARM SIGNAL HANGER ( 3-WAY) (FURNISH & <I 000.00
,59-121-3 INSTALL! 2 EA F&l '500.00 v
MAST ~M SIGNAL HANGER ( +WAY) (FURNISH & S600.00 'I 200.00
659-1214 INSTALL 2 EA F&l v
SIG~~L HEAD AUX. LED MODULE FOR (I) SIGNAL '30.00 <300,00
659-320-1 FACE INSTALL ONL Yl 10 EA I v
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
PROJECT NUMBER: 20090SS
BIO PROpOSAL
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Item Number Description Qty Unit Only Unit Price Toto' V
SIGNAL HEAD AUX. LED MODULES FOR (2) SIGNAL i <60,00 I t
659-320-2 FACEsIINSTALL ONLY) 140 EA J $8400.001 v I
SIGNAL HEAD AUX, LED MODULES FOR [3) SIGNAL iEA : '90,00 ! !
659,320-3 FACEsIINSTALL ONLY) 10 I $900,001 v I
SIGNAL HEAD AUX. L~~ MODULES FOR [4) SIGNAL ! I
659-320-4 FACES {INSTALL ONLY 10 EA I I $120,00 $1200.001 v
SIGNAl HEAD AUX. L~~ MODULES FOR (5) SIGNAL ! ,
659,320,5 FACES (INSTALL ONLY 10 EA J I '150.00 $1500.001 v
DmcroR AMPUFlER (2- CHANNEL, T5-2, RACK I :
660.1-0 MOUNTED (FURNISH &. INSTALL) 40 EA F&l i <210.00 $8400,00 v
DmcroR AMPUFlER (1- CHANNEL, Ts.l, SHELF I
660-1:1 MOUNTED (FURNISH" INSTAlL) 4 EA F&l I $125.00 $500,00 v
660-2-102-A LOOP ASSEMBLY 6' x VaMable Width ( TYPE B . F&l ! $2 500,ooi
ADVANCE) - DAY TIME 5:00A.M. - 7:00P,M. 4 EA <625.00
660-2-102 LOOP ASSEMBLY 6'x6' (TYPE B) (FURNISH &. F&l ! I
INSTAlL). DAY TIME 5:00A.M. . 7:00P.M, 40 EA j '440,00 $17600,00
66O-2-t06-A LOOP ASSEMBLY (TYPE F - 26' ) - DAY TIME 5:00A.M. F&l I
7:00P.M. 240 EA ! $670.00 <160 800,00
660-2-t06-B-DY LOOP ASSEMBLY (TYPE F - 46') - DAY TIME 5:00,A.'1 , f&!
7:00P.M. 100 EA $730,00 $73 000.00
665-11 PEDESTRIAN DmcroR (PUSH BUTTON) 300 EA F&l $t05.00 $3t 500.00 v
.... . .. PeDESTRiAN DETECTOR wrfH POST (CONCRm
665-12 MONUMENT' 20 EA F&l <400.00 $8 000,00 v
668-33 NAZTEC CABINET rrvPE K"DmcroR CABINEn 2 EA F&l "<to 250.00 $20 500,00 v
NAZTEC CABINET (TYPE M) WITH AIR CONDmONING i
668-34 INSTALL ONLY' 2 EA I $1 550.00 $3 too.OO v
FlASHING BEACON CONTROLLER ASsEM8LY , ! vi
670+3 INSTALL ONLY 10 EA I i $625,00 $6 250.00
TRAFFIC CONTROLLER ASSEMBLY (TYPE 5) AS PER i '21550.00 <86200.00
670-5-110 NAZTEC 4 AS F&l .;
TRAFFIC CONTROLLER ASSEMBLY (TYPE 6) AS PER $26875.00 $107 500.00
670-5-tlQ-A NAZTEC 4 AS F&l v
TRAFFIC CONTROLLER ASSEMBLY (TYPE 5 - INSTALL 't 850,00
670.5-3 to ONLY) 80 AS I $148 000,00 v
TRAFFIC CONTROLLER ASSEMBLY (TYPE 6 -INSTALL <1 850.00
670'5-310-XA ONLY) 10 AS I $18500.00 v
676-110-61 HUB SITE CABINET 24" W/CONCRm BASE 2 EA F&l '5000.00 $10000,00 v
676-110-62 HUB SITE CABINET 48" W 'CONCRm BASE 4 EA F&l '7625,00 $30 500,00 v
676-2tO-61 HUB SITE CABINET 24" FURNISH ONLY 10 EA F '3 600.00 $36 000.00 v
676-2tO-62 HUB SITE CABINET 48" FURNISH ONLY 4 EA F <4950,00 $19800,00 .;
677-10 BASE MOUNT CABINET (FOUNDATION) 3' X 3' 2 EA F&l <1350.00 $2 700.00 v
677-tl BASE MOUNT CABINET FOUNDATION\3' X 5' 2 EA F&l <1 500.00 $3 000,00 v
PATCH CABLE, ST:ST FIBER OPTIC 5M, DUAL ZIP, 2m i B3.15 $1657.501 !
681,200 CERAMIC 50 EA F
PATCH CABLE, ST:MTRJ FIBER OPTIC sM, DUAL ZIP, i i I
681-201 2m CERAMIC 50 EA F <43.t4 $2,157.001 i
PATCH CABLE, ST:LC FIBER OPTIC 5M, DUAL ZIP, 2m i !
68t-203 CERAMIC 50 EA F i $36.08 $1 S04,ool :
PATCH CABLE, ST:ST FIBER OPTIC sM, DUAL ZIP, 1m I ,
1681'204 CERAMIC 50 EA F _J - .J~~.441 $;1.572.001
PATCH CABLE, ST:MTRJ FIBER OPTIC 5M, DUAL ZIP, I I <41.931 I
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681-205 1m CERAMIC 50 EA F $2r096.S0H
PATCH CABLE, $T:LC FIBER OPTIC SM, DUAL ZIP, 1m <34,611
681-207 CERAMIC 50 EA F $1730.501 i
PATCH CABLE, ST:ST FIBER OPTIC sM, t FI8ER, 2m i : i
68t-208 CERAMIC 50 EA F $22.9t1 st 145.501 ,
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';'-' PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
PROJECT NUMBER: 20090SS
Pc lID PROPOSAL
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Item Number Desaiptlon Qty Unit Only Unit Price Total V
PATCH CABLE, ST:ST FlBER OPTIC SM, I FlBER, 1m '21.94 '1 097.00
68t-209 CERAMIC 50 EA F
68t.210 COPPER PATCH CABLE CAT 5E 568A 1 M GRAY STD 20 EA F '1.76 '35.20
COPPER PATOi CABLE, CAT 5E, 5688, I M, YELLOW, '3.51
681-211 CROSS-oYER 100 EA F $351.00
685-165 PTZ CAMERA VlCON COMPLETI: to EA F '4 860.3B $48603.80
685-173 DIGITAL VIDEO ENCODER 40 EA F $2 525.25 $101010.00
RSG2100 INDUSTRIALLY HARDENED ETHERNET '6678.75
685-261 SWITCH (FuRNISH ONL Y\ 2 EA F $13 357.50
RS900 9-PORT ETHERNET SWITCH WITH 2 FIBER $1 291.8B $(2 918,80
685-262-2 PORTS 10 EA F
RS900 9-PORT ETHERNET SWITCH WITH 3 FIBER $1 486.88 $14868.80
685-262-3 PORTS 10 EA F
690-10 REMOVE TRAFFlC SIGNAL HEAD ASSEMBLY 200 EA R $45.00 '9 000.00 .;
690-100 REMOVE MISCELLANEOUS SIGNAL EOUIPMENT 60 HR R <85,00 '5 100.00 .;
690-15 REMOVE INTERNALY ILLUMINATED SIGN 10 EA R < 50.00 $500.00 .;
690-20 REMOVE PEDESTRIAN SIGNAL ASSEMBLY 100 EA R . 45.00 $4 500.00 .;
690-200 TREE J BUSH TRIMMING AND REMOVAL 150 HR R '151.13 $22 669.50 .;
690-31 REMOVE SIGNAL PEDESTAL 40 EA R $125.00 $5 000.00 .;
POLE REMOVAL (UP TO 10 FEET DEEP) CONCRm $1 550.00 $3t 000.00
690-33-1 POLE 20 EA R .;
..... . ... REMOVAL MAST ARM (uPRIGfif AND FONDA1l0N .
690-33-2 COMPLETE\ I EA R $1 550.00 . I 550.00 .;
690-33-3 REMOVE POLE WOOD 6 EA R 225.00 .t 350.00 .;
;90-34-2 REMOVAL MAST ARM IUPRIGHT AND ARM\ I EA R 650.00 $650.00 .;
690-34-ZA REMOVAL MAST ARM IARM ONLY) 1 EA R 300.00 $300,00 .;
690-34-2B REMOVE MAST ARM (UPRIGHn I EA R $350.00 $350.00 .;
690-40 REMOVE POWER SERVICE 10 EA R $75.00 '750.00 .;
690-50 REMOVE CONTROLLER ASSEMBLY 10 EA R <400.00 '4 000.00 .;
690-55 REMOVE PERMANENT MOUNTED SIGNS (VMS) 1 EA R '400.00 $400.00 .;
690-60 REMOVE VEHICLE DETECrOR ASSEMBLY 4 EA R '15.00 $60.00 .;
690-70 REMOVE PEDESTRIAN DmCTOR ASSEMBLY 40 EA R '20.00 $800.00 .;
690-80 REMOVE SPAN WIRE ASSEMBLY 20 PI R $550.00 $11 000.00 .;
690-90 REMOVE CABLING AND CONDUIT 500 LF R <2.00 . 1 000.00 .;
REMOY~IEXISTlNG SIGNAL INTERCONNECT CABLE '0,66
690-91 AERIAL INCLUDING SPANWlRE) 2000 LF R $t 320,00
690-92 REMOVE CABLE UNDERGROUND t5000 LF R $0.58 $8 700,00
690-93 REMOVE SMALL PULL BOX 10 EA R '66.00 $660.00
690-94 REMOVE LARGE PULL BOX 10 EA R <110.00 $t tOO,OO
699+ t A INTERNALLY ILLUMINATED SIGN (6') 20 EA F&J 't 750.00 $35000.00 .;
699-I-t B INTERNALLY ILLUMINATED SIGN (6'\ INSTALL ONLY 40 EA I <325.00 . t3 000.00 .;
699-1-1 C INTERNALLY ILLUMINATED SIGN 8'\ 20 EA F&J '1 850.00 <37000.00 .;
699+1 D INTERNALLY ILLUMINATED SIGN 18'\ INSTALL ONLY 20 EA I $325.00 '6 500.00 .;
700-89-2 LED BlANK.QUT SIGN 130" X 3D") 2 EA F&J '3 000.00 $6000,00 .;
700-89-3 FIBER OPTIC BLANK.QUT SIGN (30" X 30") 6 EA F&J <2800.00 $16800.00 .;
710-11 I~~VE PAVEMENT MARKINGS (PAINT) HYDR08lAST 40 SF R '10,00 W\I1,OO
REMOVE PAVEMENT MARKINGS (THERMOPlASTIC) $(0.00 '800.00
711-7 HYDR08lAST SOFt 80 SF R
715- 1-12 CONDUCTORINo.8toNo.6) 200 LF F&J $2.50 '500.00 .;
715-1-13 CONDUCTOR INo. 410 No. 2\ 100 LF F&J "'.00 $400.00 .;
'15-5-IlIA\ LUMINAIRE II< BRACKET ARM ALUMINUM 8'\ 80 EA F&J <810.00 $64 800.00 .;
715-5-ItIB\ LUMINAIRE II< 8RACKET ARM ALUMINUM (12'
w/36"rise) 40 EA F&J $855.00 $34 200.00 .;
715-5-llIC \ LUMINAIRE II< 8RACKET ARM ALUMINUM (IS' '875.00
wI36"rise\ 20 EA F&J $17 500.00 .;
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
PROJECT NUMBER: 2009055
BID PROPOSAL
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Item Number Description Qty Unit Only Unit Price Total y
715-5.50 LUMINAIRE & BRACKET ARM - REMOVE 10 EA R '90.00 <900.00 v'
786-HI MICROWAVE VEHICLE DETECTION SYSTEM 10 EA F&I <850.00 $8 500.00 v'
VIDEO IMAGE DETECTION 1 - CAMERA SYSTEM
786+12-11 AUTOSCDPE) 2 EA F&I '10212.00 $20,424,00 v'
VlDEO IMAGE DETECTION I - CAMERA SYSTEM
786-1-12-12 mRtS) 2 EA F&I <9910.00 $19820,00 v'
VIDEO IMAGE DETECTION 4 - CAMERA SYSTEM 1
786-1-12-11 AUTOSCOPE' 6 EA F&I i <27 605.00 $165 630,00 v'
VlDEO IMAGE DETECTION 4 - CAMERA SYSTEM i
786-H2-12 mRlS\ 6 EA F&I <22 650.00 $135900.00 v'
MIC~~WAVE VEHICLE DETECTlON SYSTEM (FURNISH 1 <500.00
786+31 ONLY 4 EA F I $2 000.00 v'
VIDEO IMAGF~ DETECTION I - CAMERA SYSTEM I
786+32-lt AUTOSCOPE 2 EA [ <1 400.00 $2 800.00 v'
VIDEO IMAGE DETECTION I - CAMERA SYSTEM
786+32-12 mRtS\ 2 EA [ '1400.00 $2800,00 v'
VIDEO IMAGE DmCTION 4 ' CAMERA SYSTEM
786-1-32-11 AUTOSCOPE' 2 EA [ <4 500.00 $9 000.00 v'
VlDEO IMAGE DETECTION 4 - CAMERA SYSTEM <t45oo.00 ,~- 000 -11 .,
786-1-32-12 ITEPJS\ - -. ; I
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788+2 BI-DlRECTIONAL CONTACT CLOSURE TRANSCEIVER B PI F $t 170.00 $9.360.00 v'
TOTAL BASE BID ... ... ... ******* $6,900,557.07 ..
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
'ROJECT NUMBER: 2009055
ID PROPOSAL
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Item Number Description Qty Unit Only Unit Price Total v'
CONTINGENT ITEMS
633.221-12 FIBER OPTIC CABLE 12<OUNT FURNISH ONLY 500 LF F <0.46 $230.00
633-221-24 FIBER OPTIC CABLE. 24 COUNT- FURNt5H ONLY 500 Lf F $0,60 $300.00
633-221-48 FIBER OPTIC CABLE, 48 COUNT-FURNISH ONLY 500 LF F <0.80 $400.00
633-221-96 FIBER OPTIC CABLE 96<OUNT FURNISH ONLY 500 LF F $1.50 $750.00
SPAN WIRE ASSEMBLY 'II" HIGH YIELD (SPAN <I 500.00 $1 500.00
634+ 113-IA-HY LENGTH 0' - 250'\ t PI F&I v
SPAN WIRE ASSEMBLY"'" HIGH YIELD (SPAN <1 850.00
634+113-1B-HY LENGTH 251' - 350'\ 1 PI F&I $1 850.00 v
SPAN WIRE ASSE~~LY '10" HIGH YIELD (SPAN <2 250.00 <2 250.00
634+ 113-IC -HY LENGTH 3S1' .450' t PI F&I v
SPAN WIRE ASSEMBLY 'II" HtGH YIELD (SPAN <2650.00 <2 650.00
634+113-1D-HY LENGTH 451' - 550'\ 1 PI F&I v
SPAN WIRE ASSEMBLY ('h") (SPAN LENGTH 0' , <2 400.00 <2400,00
634+113-31. 250'\ I PI F&I v
SPAN WIRE ASSEMBLY ('h" OR lARGER) (SPAN <2 975.00 <2 975.00
634-4-113-3B LENGTH 251' - 350'\ I PI F&l v
-.---"-.. SPAN WIRE ASSEMBLY ('h" OR' LARGER) (SPAN
634+113-3C LENGTH 351' - 450'\ . I PI F&I $3 650.00 $3 650.00 v
SPAN WIRE ASSEMBLY (,/," OR lARGER) (SPAN $4 250.00 $4 250.00
534+113-30 LENGTH 451' - 550'\ 1 PI F&I v
SPAN WIRE ASSEMBLY ('h" OR lARGER) (SPAN <5 200.00
634+t13-3E LENGTH 551' - 650" I PI F&I $5 200.00 v
SPAN WIRE ASSEMBLY ('h" OR lARGER) (SPAN <7 920.00
634+113-3F LENGTH 651' - 750'\ I PI F&I $7920.00 v
SPAN WIRE ASSEMBLY (V," OR lARGER) (SPAN <9 480.00 <9480.00
634+113-3G LENGTH 751' - Greater' I PI F&I v
641-2-15:40 PRESTRESSED CONCRm POLE 140' TYPE P-V\ I EA F&I $2 832.00 $2 832.00 v
641-2- t8-50 PRESTRESSED CONCRm POLE ISO' TYPE P-VlIl' I EA F&I $4 600.00 $4 600.00 v
PRESTRESSED CONCRm POLE (52' TYPE P-
641-2-19-52 CUSToM DESIGN' I EA F&I $6 721.00 $6 721.00 v
PRESTRESSED CONCRm POLE (54' TYPE P-
641'2-19-54 CUSTOM DESIGN' 1 EA F&l $6 805.00 $6 805.00 v
PRESTRESSED CONCRm POLE (56' TYPE P-
641-2-19-56 CUSTOM OESIGN\ I EA F&I $6885.00 $6 885.00 v
64H - t 4 STEEL STRAIN POLE [TYPE PS-V1I\ 1 EA F&l $28 000.00 <28 000.00 v
649,i-I5 STEEL STRAIN POLE PE ps-VlIn 1 EA F&l $29 100.00 <29 100.00 v
649-1-16 STEEL STRAIN POLE vPE PS- lX' 1 EA F&l <32 200.00 $32 200.00 v
649-1-17 STEEL STRAIN POLE PE PS- Xl t EA F&I $34 300.00 $34 300.00 v
649-1-t9 STEEL STRAIN POLE (CUSTOM) 1 EA F&I 43 700.00 <43 700.00 v
649-3 H06 MAST ARM ASS'( 01-52136' W/LUM 2 EA F&I 22950.00 <45 900.00 v
649-3H07 MAST ARM ASS'( 03-522 46' WILUM 2 EA F&I 28 300.00 $56 600,00 v
649-3t-l08 MAST ARM AS5Y 05-523 60' WILUM 2 EA F&I $36 650.00 $73 300,00 v
649-31-109 MAST ARM ASSY 06-524 70' 6" Wn UM 2 EA F&I $43 800.00 87600,00 v
649.31-110 MAST ARM ASS'( Ol-Ot OBl36'+36' 1 EA F&I <28 750.00 28 750.00 v
649-31-111 MAST ARM ASS'( 03-01 DBL36'+46' 1 EA F&I 31400.00 31 400.00 v
649-31-112 MAST ARM AS5Y 05-02 DBL36'+ 60' 1 EA F&I 42 550.00 42550.00 v
649-3HI3 MAST ARM ASS'( DBL 06-02 70'6"+36' 1 EA F&I 49 550.00 $49 550.00 v
549-31-114 MAST ARM ASS'( DBL D+04 46'+46' 1 EA F&I $40 200.00 $40 200.00 v
649-31-115 MAST ARM ASS'( DBL 05-04 60'+46' 1 EA F&I $46 450.00 46 450.00 v
649-3H16 MAST ARM AS5Y DBL 06-04 70'6"+46' 1 EA F&I $50450.00 SO 450.00 v
649-31-117 MAST ARM AS5Y DBL OS-OS 60'+60' t EA F&I <5t 600.00 51 600.00 v
649-3H18 MAST ARM ASS'( DBL 06-05 70'6"+60' I EA F&I <53 400.00 $53 400,00 v
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PROjECT NUMBER: 2009055
BIC PROPOSAL
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Item Number Description Qty Unit Only Unit Price Total y'
649.31-119 MAST ARM ASSY OBL 06-06 70'6"+70'6" 1 EA F&l $58 500,00 '58 500,00 Y
649-31-199-01 MAST ARM ASSY 01-D! OBL 36'+36' W/LUM 1 EA F&l $33 600.00 '33 600,00 Y
649-31-199-02 MAST ARM ASSY 03-01 OBL 46'+36' W/LUM 1 EA F&l $37 500.00 <37500,00 y
649-31-199-03 MAST ARM ASSY D4-D4 OBL 46'+46' W/LUM 1 EA F&l '43 850.00 '43 850,00 Y
649-31-199-04 MAST ARM ASSY 05-02 oBL 60'+36' WILUM 1 EA F&l $45 600.00 545 600,00 Y
649-31-199-05 MAST ARM ASSY 05-05 oBL 60'+60' W/LUM t EA F&l $55950.00 '55950.00 v'
649-31-199-06 MAST ARM ASSY 06-02 oBL 70'6" + 36' W ILUM 1 EA F&l .52 750.00 '52 750.00 Y
649-31-199-07 MAST ARM ASSY 06-04 oBL 70'6"+ 46' W/LUM 1 EA F&l '54 950.00 54950.00 Y
649-31-199-08 MAST ARM ASSY 06-05 oBL 70'6" + 50' W/LUM 1 EA F&l $60 750.00 60 750,00 v'
649-31-199-09 MAST ARM ASSY 07-02 SPEC 1 EA F&l $49 400.00 49 400.00 v'
649-31-199-10 MAST ARM ASSY 07-04 SPEC 1 EA F&l $56 250.00 $56250.00 v'
649-3 1-199-11 MAST ARM ASSY 07-05 SPEC 1 EA F&l $60 tOO.OO $60 tOO.oo v'
649-31-199-12 MAST ARM ASSY 07-06 SPEC 1 EA F&l $62 700.00 <62 700.00 v'
649-31-199-13 MAST ARM ASSY 07-02 SPEC W/LUM 1 EA F&l '56 000.00 <56 000.00 v'
649-31-199-14 MAST ARM ASSY 07-04 SPEC W!LUM 1 EA F&l '58925.00 $58 925.00 Y
649-31-199-15 MAST ARM ASSy07-o5 SPEC W!LUM 1 EA F&l $62 700.00 '62700.00 v'
649-31-199-16 MAST ARM ASSY 07-06 SPEC W!LUM 1 EA F&l $65 600.00 '65600,00 Y
649-31-199-17 MAST ARM ASSY > 78' SPEC 1 EA F&.I $51 950.00 $51 950.00 Y
649-31-199-19 MAST ARM ASSY >78' SPEC W/LUM 1 EA F&l $57550.00 <57550.00 y
649-32-101 MAST ARM ASSY 01-51: 35' F'JRNISH ONLY 1 EA F $15 300.00 'IS 300.00 Y
649-32-102 MAST ARM ASSY 03-52: 46' FURNISH ONLY 1 EA F $18 600.00 '18600,00 Y
649-32-103 MAST ARM ASSY OS-53 60' FURNISH ONLY I EA F $25375.00 '25375.00 Y
649']2-104 . .. MA5T'J\RM"ASSY.Uo-5470"6" 'FORNlSHONty t .EA F $29750;00 '29750.00 Y
649-32-105 MAST ARM ASSY 07-56 78' FURNISH ONLY 1 EA F $30 600,00 $30600.00 v'
MAST ARM AS5Y 01-S2t 36' W/LUM FURNISH ONLY $18675,00 $lB 675,001 I
649.32-106 1 EA F v'
649-32-107 MAST ARM ASSY 03-522 46' W!LUM FURNISH ONLY I I EA F 1 $24400,00 124400,001 Y
! i '28 950.001
649-32-108 MAST ARM ASSY 05-523 60' W!LUM FURNISH ONLY 1 EA F $28 950,00 v'
MAST ARM ASSY 06-52470' 6" W/LUM FURNISH '35 200.001
649-32-109 ONLY 1 EA F '35200,00 Y
MAST ARM ASSY Ol-ot OBL 36'+36' FURNISH ! I
649-32-110 ONLY 1 EA F $22 950,00 $22,950,001 Y I
MAST ARM ASSY 03-0t OBL 36'+46' FURNISH <26.650,001 v' I
649-32-111 ONLY I EA F $26650,00
MAST ARM ASSY 05-02 oBL 36"+ 60' FURNISH I I ,
649-32-112 ONLY 1 EA F i $35 100,00 $35 100,001 v' I
MAST ARM ASSY oBL 06.02 36'+70'6" FURNISH I $40 350,001
649-32-113 ONLY 1 EA F 1 $40 350.00 Y i
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MAST ARM A5SY oBL 04-D4 46'+46' FURNISH $32 200.001 I
I $32 200.00 ,
649-32-114 ONLY 1 EA F v' I
MAST ARM AS5Y oBL OS-D4 60'+46' FURNISH ,
649-3HI5 ONLY 1 EA F $38 500,00 $38 500,001 oj
MAST ARM ASSY oBL 06'04 46'+70'6" FURNISH I !
649-32-116 ONLY 1 EA F 541200.00 $41,200,001 v'
MAST ARM ASSY oBl 05-05 60'+60' FURNISH , '42500,00i
649-32-117 ONLY 1 EA F '42 500,00 v' I
MAST ARM ASSY 08l 06-05 60'+ 70'6" FURNISH I I oj I
649-32-118 ONLY 1 EA F I '44 050.00 $44 050,00
MAST ARM ASSY 08L 06-06 70'6"+ 70'6" FURNISH I i 1
649-32-119 ONLY 1 EA F $52 300.00 $52 300,00 v' ,
649-32-199-01 MAST ARM ASSY 07-02 SPEC FURNISH ONLY 1 EA F $41850.00 $41850,00 v'
649-32-199-02 MAST ARM ASSY 07-04 SPEC FURNISH ONLY 1 EA F $45 850.00 $45850,00 v'
649-32-199-03 MAST ARM ASSY 07-05 SPEC FURNISH ONLY 1 EA F $47 500,00 $47 500.00 Y
649-32-t99-04 MAST ARM ASSY 07-06 SPEC FURNISH ONLY 1 EA F '50 500,00 $50 500.00 v' I
MAST ARM ASSY 01-01 oBL 36'+36' W/LUM , 1
, $29700.001
649-32-199-05 FURNISH ONLY 1 EA F I $29,700.001 oj i
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DROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
OJECT NUMBER: 2009055
!D PROPOSAL
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Item Number Desaiption Qty Unit Only Unit Price Total V
MAST ARM 1>SS'f 03-01 OBL 46'+36' W/WM s32 150.00 s32 150.00
649.3H99-06 FURNISH ONLY 1 EA F V
MAST ARM 1>SS'f [)4-[)4 OBL 46'+46' W/LUM s36 150.00 s36 150.00
649-32-199-07 FURNISH ONLY 1 EA F V
MAST ARM 1>S5Y 05-02 OBl60'+36' W/lUM s3B 475.00 s38 475.00
649-32'199-08 FURNISH ONLY 1 EA F V
MAST ARM I>SSY OS-OS OBL 60'+60' W/WM $46 t50.00 $46 150.00
649'32-199-09 FURNISH ONLY 1 EA F V
MAST ARM I>SSY 06-02 OBl 70'6" + 36' W/lUM <43 750.00 $43 750.00
649-3H99-10 FURNISH ONLY I EA F V
MAST ARM A5Sf 06-04 OBl70'6"+46' W/LUM <45600.00 $45600.00
649-32-t99-11 FURNSH ONLY 1 EA F V
MAST ARM A5Sf 06-05 OBL 70'6" + GO' W/LUM <48850.00
649-32-199-12 FURNSH ONLY 1 EA F $48 B50.00 V
MAST ARM ASS'f 07-02 SPEC W/LUM FURNISH <43 300.00
649-32-199-13 ONLY t EA F $43 300.00 V
MAST ARM ASSY 07-04 SPEC W/LUM FURNISH $44 350.00
649-32-t99-14 ONLY 1 EA F $44 350.00 V
MAST ARM I>SSY07 -05 SPEC W/LUM FURNISH $47950.00
649-32-199-15 ONLY I EA F $47950.00 .;
MAST ARM ASSY 07-Q6 SPEC W/LUM FURNISH --- $50;950;00 $50:950:00
- 649'32'199'10-- '6NLT-~--~--' ._---_.~_.._._- - I EA F -- .\1
649--33.103 MAST ARM ASSY OS-53 GO' INST ONLY tI EA I <10 000.00 $110000.00 .;
49-33-106 MAST ARM ASSY 01-021 36' WtLUM INST ONLY 1 EA I <9 375.00 $9 375.00 .;
649.33- to7 MAST ARM I>SSY 03-522 46' WILUM INST ONLY 1 EA I $9825.00 $9825,00 V
649'33-106 MAST ARM ASSY 05-523 60' W/LUM INST ONLY 1 EA I $ tI 200.00 $11 200.00 V
649'33-109 MAST ARM 1>S5Y 06-524 70' 6" WlLUM INST ONLY I EA I <13 525.00 $13 525,00 V
649-33-110 MAST ARM ASSY 01-51 DBL 36'+36' INST ONLY I EA I <8 GOO.OO $8600.00 .;
649-33-111 MAST ARM I>SSY 03-01 DBL 36'+4/;' INST ONLY 1 EA I <10 125.00 $10 125.00 .;
649-33-112 MAST ARM ASSY 05-02 OBl 36"+ GO' INST ONLY 1 EA I <10875.00 $10875.00 .;
649-33.113 MAST ARM AS5Y OBl 06-02 36'+70'6" INST ONLY 1 EA I <13 185.00 $13 185.00 V
649-33-114 MAST ARM I>SSY OBL D+D4 46'+46' lNSTONLY 1 EA I <13 lSD.DD $13250.00 V
649-33-115 MAST ARM ASSY ost 05-D4 60'+%' INST ONLY I EA I <13 300.00 $13300,00 V
649-33-116 MAST ARM ASSY OBL D6-D4 70'6"+46' INST ONLY I EA I <t3 950.00 $ t3 950.00 V
649-33-117 MAST ARM 1>SS'f OBL 05-05 60'+60' lNSTONlY I EA I <t3 9S0,00 $13 950.00 V
649-33-118 MAST ARM 1>S5Y OBL 06-05 70'6"+60' INSf ONLY l EA I <14 100.00 $14 100.00 v'
MAST ARM A5SY OBL 06-06 70'6"+70'6" INST
649-33-119 ONLY 1 EA I <14 200.00 $14 200.00 v'
649-33-199-01 MAST ARM 1>S5Y 07-56 78' INST ONLY t EA I <13 525.00 $t3 525.00 V
S<l9-33-199-t MAST ARM 1>S5Y 07-02 SPEC INSf ONLY 1 EA I <16000.00 $16000.00 v'
MAST ARM 1>S5Y OS-OS ost 60'+60' W/LUM INST
649-33-199'10 ONLY 1 EA I <14 500.00 $14 500.00 V
MAST ARM I>SSY 06-02 OBL 70'6" + 36' W/LUM
649-33-199-11 lNST ONLY 1 EA I <13 500.00 $t3 500.00 v'
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
PROJECT NUMBER: 2009055
BID PROpOSAL
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Item Number Description Qty Unit Only UnitPrlc:e Total
MAST ARM ASSY 06-04 DBL 70'6"+46' W/LUM INST
649-33-199-12 ONLY 1 EA I $16000,00 $16000.00 y
MAST ARM ASSY D6-DSDBL 70'6" + 60' W/LUM I i 1
649-33-199-13 INST ONLY EA I $16500,00 <16 500,00 Y I
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649-33-199-14 MAST ARM ASSY 07.02 SPEC WILUM INST ONLY I i EA [ 1I6 500.00 <16500.00' Y I
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649-33-199- tS MAST ARM ASSY 07-04 SPEC W/LUM INST ONLY 1 EA [ i $16500,00 $16500.00 Y I
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649-33-199-16 MAST ARM ASSY 07-05 SPEC WILUM INST ONLY 1 EA I I $17500,00 <17500.00 Y
MAST ARM ASSY 07,06 SPEC W/LUM INST ONLY $18500,00 H8 500,00 I
649-33-199-17 1 EA I Y .
649-33-199-2 MAST ARM ASSY D7-D4 SPEC INST ONLY I EA I $16 250.00 <16250.00 Y
649-33'199-3 MAST ARM ASSY 07-05 SPEC INST ONLY 1 EA I $ 17 250.00 17250.00 Y
649-33-199-4 MAST ARM ASSY 07-06 SPEC INST ONLY 1 EA I SIB 250.00 18 250,00 Y
649-33'199-5 MAST ARM ASSY > 7B' SPEC INST ONLY I EA I $19 500,00 19500.00 Y
MAST ARM ASSY 01-01 DBL 36'+36' W/LUM INST I I
649-33-199-6 ONLY I EA I $9 500.00 <9 500,00 Y I
MAST ARM ASSY 03.01 oBL 46'+36' WILUM INST I !
649-33-199-7 ONLY 1 EA I $ID 500,00 <10500.00 Y 1
MAST ARM ASSY 04-04 oBL 46'+46' W/LUM INST : $13 000.00 <13 000.00
649-33-199-8 ONLY I EA I Y
MAST ARM ASS; 05-02 oBL 60'+36' W/LUM INST ! $16000.00 <16 000,00
649-33,199,9 ONLY 1 EA I Y
685-266 ABER OPTIC 5PUONG TRAILER 2 EA F $35 425.00 $70 B50.00 Y
6B5-286 2 POST OPEN FRAME RACK BLACK AN15H 45U 1 EA F $550.00 <550,00 Y
699- H A LED INTERNALLY ILLUMINATED SIGN 16' LED 1 EA F&l <3 150.00 <:i 150,00 Y
INTERNALLY ILLUMINATED SIGN (6') INSTALL I I
699+1 BLED ONLY LED I EA I i <1 300,00 <1 300,00 Y
699+1 CLEO INTERNALLY ILLUMINATED SIGN IB' LED t EA F&l 1 $3 450.00 <:i 450,00 v
INTERNALLY ILLUMINATED SIGN (B') INSTALL !
I <1500,00
699- HOLED ONLY LED I EA I 1I 500,00 v
715+6 REMOVE CONDUCTOR 100 LF R <1.00 <100.00 v
715+11 CONDUerOR lNo. 10 or smaller) 100 LF F&l <0,75 $75.00 v
715+14 CONDUerOR 'No. t to No. Q) 100 LF F&l $5.00 <500,00 v
715+15 CONDUCTOR INo. 1/0 to No. 3/0) 100 LF F&l $10.00 <1 000.00 v
715-2-12 -40-3 CONDUIT UNDERPVT PVC 5CH 40' 13"1 IDOO LF F&l $13,00 <13 000,00 Y
STANDARD lAMPPOST, STANDARD FOUNDATION I <6 500.001 v
715-4-111 40' MOUNTING HEIGHT) I LF F&l i $6 500,00
LUMINAlRE & BRACKET ARM ALUMINUM (12' ! -,
715-5-11 ,Bl wlB4"ri5Ol 2 EA F&l $925,00 <1 B50,001 v I
LUMINAlRE & BRACKET ARM ALUMINUM (15' I -j 1
715-5-11 -Cl wlB4"ri5Ol 2 EA F&l $925,00 $1 B50,001 y' i
LUMINAlRE & BRACKET ARM ALUMINUM (12' I I
715-5-21-B wl36"ri5Ol 2 EA F $675,00 <1 350.001 v i
LUMINAIRE & BRACKET ARM ALUMINUM (12' , 1
7t5-5-21-Bt wIB4"ri5O\ 2 EA F $675.001 $1.350.001 v' !
LUMINAlRE & BRACKET ARM ALUMINUM (15' I ! !
715-5-21-C ':;'36"ri501 2 EA F <675,00' $1350,00: Y !
LUMINAlRE & BRACKET ARM ALUMINUM (15' I I I
!715-S-21-C1 wJ84"rise\ 2 F^. F ""575.00 .--......(10,,1 I
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LUMINAlRE & BRACKET ARM ALUMINUM (12' I
715-5-31-B w/36"ri5O) I 2 EA [ $250,00 S500.001 Y i
LUMtNAl:;" & BRACKET ARM ALUMINUM (12' I
715-5-31-BI wl84"rise 2 EA I $250.00 $500.00~
LUMINAlRE & BRACKET ARM ALUMINUM (15'
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7t5-5-31-C w/36"ri5O\ 2 EA I - $250.001 $500,001 v I
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PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY)
"ROJECT NUMBER: 2009C55
!D PROPOSAL
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Item Number Description Qty Unit Only Unit Price Total y
LUMINAIRE Ii< BRACKET ARM AWMINUM (15' '250,00
715-S'3I.c1 w/84"rise \ 2 EA I $500.00 v
715-7-l1 LOAD CENTER SECONDARY VOLTAGE1 I EA F&.l $II 050,00 $II 050.00 v
715-10-2 UGtfT POLE FOUNDATION 2 EA F&.l $1150.00 $2 300.00 v
715-10-5 REMOVE UGtfT POLE FOUNDATION I EA R <100.00 '100.00 v
715-IHII-A WMINAIRE ROADWAY COBRA HEAD {ISO WA'TT1 1 EA F&l '625.00 '625.00 v
715-IHII-B LUMINAIRE ROADWAY COBRA HEAD {200 WA'TT1 I EA F&l $625.00 $625.00 v
715-IHII-D LUMINAIRE ROADWAY COBRA HEAD (400 WA'TT1 1 EA F&l $625.00 $625.00 v
715-IHII.c LUMINAIRE ROADWAY COBRA ~ (250 WATTl 1 EA F&l $625.00 $625.00 v
715-IHI2 LUMINAIRE (ROADWAY HIGH M I EA F&l $1 550.00 $1 550.00 v
715- Il-ll3 LUMINAIRE IROADWAY POLE TOP 10 EA F&l $1 300.00 $13 000.00 v
715-Il-II8 WMlNAlRE (ROADWAY FLOOOl I EA F&1 '665.00 $665.00 v
715-Il-500 WMINAIRE ROf>J)WAY (ALL TYPESl I EA R $385.00 $385.00 v
715-14-31 PUU BOX (ROADSIDE\ IINSTAU ONLY\ 1 EA I <175.00 $175.00 v
715-19-tll HIGH MAST UGtfT COMPLETE 180' 1 EA F&.l $45 200.00 <45200.00 v
715-19-600 UGtfT POLE COMPLE I c HIGH MAST (all sizes' I EA R '2 550.00 $2 550.00 v
715-540-000 UGtfT POLE COMPLETE 1 EA R <I 350.00 $1 350.00 v
715-550-000 UGtfT POLE COMPLETE 1 EA RE $1,350.00 $1,350.00 v
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TOTAL CONTINGENT ITEMS ... ... ... ..**.*.. $3 973 033.00 ..
GRAND TOTAL ... ... ... ........ $10 B73 590.07 ..
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..; Indicates items to be done by Bidder in accordance with Section 3-6 "General Provisions"
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TOTAL bid amount of work to be done by Bidder's own forces:
$
PERCENTAGE of the above total based on Total Base Bid:
%
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The above breaKdown of the related pay items shall be submitted with the bid. Bidders falling
to submit said breakdown shall be rejected for reason of being non~responsive,
LEGEND:
LF . Linear Feet
SF - Square Feet
SY - Square Yard
AS - Assembly
PI - Per Installation
EA - Ead1
HR - Per Hour
ED - Ead1 Day
WK - Per Week
1.S . lump Sum (Complete)
F&l ' Furinsh Ii< Install
F - Furnish Only
I - Install Only
R - Remove
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ANNUAL TRAFFIC SIGNAL CONTRACT
BID NO. 2009055
TOTAL AMOUNT OF BASE BID:
$
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(In Figures)
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NOTES:
1. This contract shall be awarded for eighteen months and shall commence with the date when the
contract is executed by the Board of County Commissioners.
2. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to
meet actual requirements.
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID)
NAME OF FIRM:
* SIGNATURE:
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ADDRESS: ..., L C )-",...) \. ,.""\ L"-.'l'.';("- lJy'l'ff'
CnY, STATE AND ZIP:
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RELATED WORK EXPERIENCE
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This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work
specified, The bidder is to submit the following information with their proposal:
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Experience record showing the bidder has a minimum of three (3) years experience in
similar work.
B,
List a minimum of three (3) references complete with location, dates of contracts, and
names, addresses and telephone numbers of owners.
List of equipment and facilities available to do the work.
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Failure to submit the above requested information may be cause for rejection of your bid.
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If a vendor subcontracts any portion of a contract for any reason, he must include, in writing, the name
and address of the subcontractor, name of the person to be contacted including telephone number and
extent of work to be performed, This information is to be submitted with bid proposal.
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CONTRAa
(PRIMARY)
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH)
This Contract, made this _ day orES 2 4 2~!b. 20-, by and between PALM BEACH COUNTY,
a political Subdivision of the State of Florida, (hereinafter called the County), and GERELCO TRAFFIC
CONTROLS, INC. of, PORT ST. LUCIE, FL and (his) (its) (their) heirs, successors, executors,
administrators and assigns, (hereinafter called the Contractor):
R2009
0347
WITNESSETH: The Contractor agrees with the County, for the consideration herein
mentioned at his, its or their own proper cost and expense to do all the work and furnish all
necessary labor, materials, equipment, machinery, tools, apparatus, services, state workmen's
compensation and unemployment compensation taxes incurred in the performance of the contract,
for the:
ANNUAL TRAFFIC SIGNAL CONTRACT. PALM BEACH COUNTY PROJECT NO. 2009055
IN THE AMOUNTS speCified in task orders which may be issued by the County under Section #23
and the other terms of the Contract Documents. The County is not required to issue any task orders
hereunder. The maximum value of orders issued under this Contract shall not, in any case, exceed
EIGHT MILUON DOLLARS ($8,000,000) (except as may be increased according to Section 37 of the
Contract Specifications).
The Contract Documents relative hereto are made a part of this agreement as completely as if set
forth herein to the satisfaction of the County or its duly authorized representative.
The Contractor further agrees for the consideration herein mentioned to commence the work with
adequate forces and equipment within seventy-two (72) hours of the task order being issued for a
specific project. After commencement of the work, the task order shall be properly dispatched
toward completion, to the satisfaction of the Engineer, and shall be fully complete within the time
limit specified in the task order. Should the time limit for completion of the task order exceed the
expiration date of the contract, the task order work will continue to completion and the Contractor
shall ensure that Bonding and Insurance coverage do not expire until all task orders issued prior to
the expiration of this Contract are complete and accepted. It is understood and agreed that the time
limit for completion of said work is the essence of the contract and should the Contractor fall to
complete the work within the time limit, it is agreed that for such calendar day that any work
provided for in these Contract Documents shall remain incomplete after the time limit has expired,
including any official extension of the time limit; the sum per day given in the contained SChedules
shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages and
added expense for supervision.
The Contractor shall take into account all contingent work which has to be done by other parties
arising from any cause whatsoever, and shall not plead his want of knowledge of such contingent
work as an excuse for delay in his work, or for its non-performance.
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed and sealed the day
and year first written above.
ATTEST:
SHARON R. BOCK, Clerk and Comptroller
.
R2009 0347
FEe 2 4 2009
PALM BEACH COUNTY, a Political
Subdivision of the State of Florida
BOARD cau TY COMMISSIONERS
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APPROVED AS TO FOR~I'~, ....*..:..;,.~-_:
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AND- LEGALSUFEIOENCY
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COUNTY ATTORNEY
By:
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APPROVED AS TO TERMS
AND CONomONS
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ENGINEERING
ATTEST ~
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(Insert state of corporation)
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(Print signatory's name) ,
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(CORPORATE SEAL)
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(Print title)
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TECHNICAL SPECIFICATIONS
1. INTENT AND SCOPE-
The work detailed in these specifications consists of the installation and lor furnishing of traffic
signal items, all according to the Florida Department of Transportation's (FDOT) Standard
Specifications for Road and Bridge Construction dated 2007(SSRBC-2007), the Design
Standards (English Units) dated January 2008 (DS-2008), FDOT Mast Arm Assembly Standards
(Supplement Index Nos. 17743, and 17745, the attached Notes and Palm Beach County (PBC)
Traffic Signal Design and Construction Typical Drawings for Annual Signal Installation
Contract. Where conflicts exist, the Notes and PBC-Typicals shall take precedence over FDOT
standard specifications.
Installations shall be as shown on plans as presented to the Contractor at the commencement of
each project in such amounts, to such locations, at such times as may be designated by the
Director of Traffic or his duly appointed representative.
All items are to be bid on a unit price basis to establish the price for use on work authorizations
(purchase orders) for specific projects.
The Contractor should fully understand that the Board of County Commissioners does not
hereunder, contract to do any specific amount of work during the contract period.
The locations of the traffic signal projects will vary, and may be at any point within the
boundaries of Palm Beach County. The Contractor will not be expected to operate his equipment
or personnel beyond the limits of Palm Beach County under this contract.
For further information, please contact the Director of Traffic at 561-684-4030.
2. REPRESENTATIVE OF THE DIRECTOR OF TRAFFIC
The Director of Traffic Division will appoint one or more representatives (an Engineer) to
inspect equipment used under this contract, observe personnel employed, artd note the general
performance of the Contractor. Any authorization to revoke, alter, enlarge, or relax the
conditions of these specifications will be at the discretion of Palm Beach County Director of
Traffic Division. The Engineer will have the authority to reject defective equipment, and report
on inept personnel, and to suspend any work that is being improperly done, subject to the final
decision of the Director of Traffic Division.
3. STANDARD SPECIFICATIONS FOR ROAD & BRIDGE CONSTRUCTION
It is the intent of these Specifications that the FDOT Standard Specifications for Road and
Bridge Construction dated 2007 be used as the basis for this contract except as amended herein.
Such wording as, Department of Transportation and Personnel, is intended to be replaced with
that wording which would provide proper terminology, thereby making such Standard
Specifications and Special Provisions of Palm Beach County in conjunction with Palm Beach
County's personnel.
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Add the following to the end of Article "4-1 Intent of Contract" of the FDOT SSRBC-2007:
Included under
"The work covered by this Contract consists of the installation and/or furnishing and/or removal
of traffic signal items.
No areas will be closed to traffic unless or until approved by the Engineer. During the period or
periods that areas are closed to traffic, adequate provisions to control and/or detour traffic will be
provided by the Contractor. Traffic control shall be in accordance with FDOT Traffic Control
through Work Zones - Index 600 of the Desil!I1 Standards, dated Januarv 2008 for street and
highway construction, maintenance, and utility operations, and shall be the responsibility of the
Contractor.
The job is to be completed in a workmanlike manner and all debris removed within the time of
construction. "
4. CONTRACT NOTES
I. All materials and equipment supplied and installed on any project shall be, where, applicable,
ornlierDOT Approvea ProOtic! ust {APtranarneet the FDOT -Standllid Specifications for
Road and Bridge Construction, 2007. All materials and equipment shall be certified. The
contractor shall supply certificates when requested by the Engineer.
2. LED's used by the Contractor to be Lumlnation or FDOT approved equivalent.
3. Before any change in the signalization plan shall be effected, the proposed change shall be
submitted in writing to the Engineer for approval.
4. The Contractor shall be responsible for the protection of all present utilities that have been
located by the various utility companies. He shall also maintain and protect the existing
traffic signals and their related equipment from damage caused by subcontractors and
employees under his Contract but only to the extent of the Contractor's normal work
operation, and he shall not be responsible for routine maintenance, nonnal wear and tear, or
an act of God, unless otherwise specified.
5. The Contractor shall be responsible for the adjustment and relocation of any and all traffic
control signals and related equipment. A twenty-four (24) hour notice must be given to the
Palm Beach County Traffic Division requesting the services of a signal technician to serve in
an advisory capacity.
6. The Contractor shall bag all; newly installed signal heads with a heavy duty opaque plastic
covering until final inspection and acceptance by the Engineer, unless otherwise specified. If,
in the opinion of the Engineer, the new heads would create a hazard condition to motorists,
the heads shall not be installed until one (1) hour before turn-on of the new equipment.
7. The Contractor shall provide barricades and warning and detour signs as required in Section
102-Maintenance of Traffic (FDOT specifications).
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8. The Contractor shall notify Florida Power and Light Company (FPL) forty-eight (48) hours
in advance before setting traffic signal poles. The Contractor shall provide all coordination
with FPL necessary to obtain the power for signals.
9. All existing traffic signal controllers, signal heads, and disconnects removed by the
Contractor from an existing signal shall be tagged to be delivered to PBC Traffic
Operations warehouse. All other equipment at an existing traffic signal will be
discarded unless the Engineer, upon his discretion, requests the return of other signal
equipment to PBC Traffic Operations warehouse. A representative of Traffic
Operations warehouse shall be given twenty-four (24) hour notice before delivery to an
approved location by the Engineer. Equipment not Identified to be returned will not be
accepted. Identified equipment not returned will result in the withholding of payment
to the contractor. Traffic Operation warehouse personnel will issue a receipt to the
Contractor for returned equipment.
10. When the Engineer determines that the need for a traffic signal is critical to the public
welfare, early "turn-on" of the signal shall be required before the completion of the project. If
the need arises, Palm Beach County will assume the responsibility for maintenance and
liability, or negotiate with the Contractor for maintenance and liability for such a signal.
II. The Engineer may, at any time, authorize Palm Beach County personnel to enter the
controller cabinet in order to restore any and all signal equipment to proper operation if the
malfunction or non-functioning of such equipment poses a hazard or inconvenience to
motorists or pedestrians. Such authorized entry may occur at any time within the period of
the Contract and such authorized entry shall in no way relieve the Contactor or Manufacturer
of his respective warranties.
12. A Ninety (90) day bum-in period will be required for all electrical or electronic equipment
furnished and installed as part of any traffic signal installation or system of traffic control
devices. The bum-in shall consist of the field operations of the signalization system in a
manner which is in full accordance with the signal operation requirements of the plans and
specifications.
The bum-in period will commence upon a written conditional acceptance by the Engineer
and will terminate 90 consecutive days thereafter, unless an equipment malfunction occurs.
The written conditional acceptance of the signal will be granted to the contractor upon
completion of final inspection of the signal. See PBC Traffic Signal Inspection Process in
Attachment A. The bum-in period will be stopped for the length of time that the equipment is
defective. When the equipment is repaired and is functioning properly, the bum-in period
will resume from the point in time it was stopped.
13. All traffic signals will be inspected prior to final acceptance for maintenance by Palm Beach
County Trafti" Operations. See Palm Beach County Traffic Operations - Signal Inspection
Process in Attachment A.
14. During the bum-in period, the Contractor shall restore operation of the installation within
four (4) hours after notification of a malfunction, If the Contractor does not respond within
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four (4) hours, Palm Beach County shall have the option of making the necessary repair and
billing the Contractor for the actual time and materials required.
15. When replacing sidewalks or curb and gutters, it shall be the responsibility of the Contractor
to reinstall them to match existing color and surface texture.
16. Signal Timing: The Engineer will furnish timing. The Contractor shall notify the County
Traffic Engineer forty-eight (48) hours in advance of any requirement for timing.
17. The Contractor shall be required to install all span wire and/or mast arm mounted signing
that is called for on any project. All non-powered signs, as required for the traffic signals by
the design plans, shall be provided by Palm Beach County. Internally Illuminated Street
Name Signs shall be provided by Palm Beach County when item is specified as Install-Only.
All mounting hardware and labor for span wire signs shall be included in pay items 634-xxx.
All mounting hardware and labor for mast arm signs shall be included in pay items 649-xxx.
18. Where pedestrian pushbuttons are required, the Contractor shall be required to install one or
two special signs per button, as provided by Palm Beach County. All mounting hardware and
labor for span wire signs shall be included in pay items 634-xxx. All mounting hardware and
..labor.fer-mast'arm-signs"shall'bdncluded in pay items 649"xxx: All rn6urifinjJ;'hardware and
labor for pedestal shall be included in pay items 659-107.
19. Signal Activation Scheduling: Scheduling of signal activation is the responsibility of the
Engineer. Activation will be scheduled a minimum of seven (7) days after notification that
the signal has been placed in flashing mode and inspections by County forces have been
completed. The Contractor shall be present and shall conduct the turn-on to full operation in
the presence of the Engineer. No activations shall be scheduled on Fridays or weekends
unless otherwise approved by the Engineer.
20. The contractor shall provide the requested number of portable 4'x8' variable-message-sign's
(VMS) to be located at an appropriate distance in advance of one (1) or more approaches to
the intersection as specified by the Engineer one (1) week prior to the scheduled activation to
full operation and shall remain in place for one (1) week following activation. Any proposed
or necessary schedule change during the seven (7) days prior to scheduled turn-on will be at
the determination and discretion of the Engineer. The cost for providing the temporary VMS
signs shall be on a daily basis and shall be covered under Pay Item 102-99
20.1. Prior to activation
20.l.A.The VMS message shall be:
20.l.A.l. (Panel One - Line I) "Traffic"
20.I.A.2. (Panel One - Line 2) "Signal"
20.l.A.3. (Panel One - Line 3) "WILL BE"
20.I.AA. (Panel Two - Line I) "ACTIVATED"
20.l.A.5. (Panel Two - Line 2) "ON DA Y'
20.I.A.6. (Panel Two - Line 3) "MONTH XX'
20.l.B.Substitution for the word 'DAY' shall be as follows:
20.l.B.1. Sunday as "SUN"
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20.1.8.2. Monday as "MON"
20.1.8,3. Tuesday as "TUES"
20,1.8A. Wednesday as "WED"
20.1.8.5. Thursday as "THUR
20.1.B.6. Friday as "FRl"
20.l.8. 7. Saturday as "SAT"
lO.l.C.Substitution for the word 'MONTH' shall be as follows:
20.l.e.1. January as "JAN"
20.I.C.2. February as "FEB"
20.1.e.3. March as "MAR"
20.I.CA. April as "APR"
20.1.e.5. Mayas "MAY"
20,1.e.6. June as "JUN"
20.l.e. 7. July as "JUL"
20.I.C.8. August as "AUG"
20.1.e.9. September as "SEP"
20.I.e.10. October as "OCT"
20.1.C.11. November as "NOV"
20.1 :C.12. DeCember as "DEC"
lO.l.D,Substitutlon for 'XX' shall be as follows:
The numerical day of the month, from one (l) to thirty-one (31). Dates less than ten
(10) shall be preceded by a zero (0); EXAMPLE: "JAN 03" for January 3'd
20.2. After the turn-on, the VMS message shall be changed to:
20.2.l. (Panel One - Line I) "TRAFFIC",
20.2.2. (Panel One - Line 2) "SIGNAL",
20.2.3. (Panel Two - Line I) "NOW",
20.2A. (Panel Two - Line 2) "ACTIVE"
NOTE: Panel Two, Line I and Line 2, shall FLASH three (3) times before reverting
back to Panel One.
21. The Contractor shall furnish and maintain four (4) new portable cellular telephones to be
operated by County Signal Design Staff. The monthly maintenance fees, as well as the
minutes charged will be the responsibility of the contractor. Such plans shall provide for the
availability of service 24-hours per day, 7-days per week for the duration of this contract and
for any time beyond while outstanding and incomplete work authorizations are still in effect.
22. The abbreviations and acronyms used in this contract are as follows:
LF Linear Feet
SF Square Feet
S Y Square Yards
CY Cubic Yards
AS Assembly
PI Per Installation
EA Each
LS Lump Sum (Complete)
F&I Furnish & Install
F Furnish-Only
I Install-Only
R Remove
RE Relocate
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HR Per Hour
MH Man Hour
ED Each Day
WK Per Week
23. Lightning protection shall be attached to:
23.1. Incoming service
23.2. All signal outputs
23.3. All loop lead-In connections as shown on typical detail:
23.3.1. Service - ACP 340 or equivalent approved by the Engineer
23.3.i1. Loop - SRA 6LCA or equivalent approved by the Engineer
23.3.iii. Cabinet - GE 9LlSECBOOl or Square D J9200-10, or equivalent approved
by the Engineer
24. All loop work to be completed in accordance to pay item 660-2-xxx. No loop work shall be
permitted during the hours of 6:45 AM to 8:45 AM, and during the hours of 3 :45 PM to 6:30
PM. Nor shall loop work be permitted on days priort()_mator hoI~~ys.
25. Ground rods to be supplied and attached to all signal poles. pedestals, control cabinets and
equipment footings and basis according to PBC standard specifications, and Typical Ground
Rod Array DetaiL The work and materials for grounding are incidental to items being
grounded. Bid Item 620-1-1 "Grounding Electrode" is provided for the case when additional
grounding Electrodes may be required.
26. Cable ties must be Thomas and Betts #TY5 72MX with stainless steel self-locking tips or
equivalent approved by the Engineer.
27. All threaded parts/assemblies must be treated with anti-seizing compound.
28. Fiber Optic Specifications are listed in Attachment A; SPECIAL SPECIFICA TrONS.
29. All conduit (Bid Items 630-I-x) shall include a 14A WG insulated stranded (THHN) tracer
wire and one (1) pull line. Multiple bundle conduit runs (i.e. 2-2") shall require only one (1)
tracer per bundle runs and one (1) pull line per conduit in the bundle.
30. All 5-section signal heads included in Bid-Item 650-5x consist of aluminum housing for the
top red-indication and poly-housing for the bottom 4 indications (2-yellow and 2-green).
31. Bid Item 400-1-15 - Class-I Concrete (Misc.), wire re-enforced, will be used will be used for
pull-box aprons. Aprons can be pre-cast or poured in place.
32. The Contractor shall have access to a 30 ft or lower height auger truck at all times. The
contractor shall have access to a lower profile auger truck (s) (LP A T) when requested
by the Engineer. The operating height of the LP A T varies from 22 feet to 24 feet
depending on the need. Upon receipt of the Work Authorization, the contractor shall
make arrangements to reserve the LPAT for the project.
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33. All Fiber in Pull Boxes & Cabinets will be Taped at least 6" with the colored electrical
tape. The color assignments for the tape indicates the direction which the cable is
coming from. Directional color codes for Fiber: BLUE for cable coming from the
North. RED for Fiber coming from the South, YELLOW for cable coming from the
East, and GREEN far Fiber coming from the West.
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6. SPECIAL BlD ITEM NOTES:
L Bid Item 102-I-A consists of Maintenance of Traffic for signalization modifications as
necessitated by roadway construction. This pay item is for labor and equipment required
to construct or modity traffic signals in order to accommodate changing highway
geometrics res\llting from on-going construction. In Accordance with FDOT DS-2008
Indices 615, 616. 617, 618, 622, and 628.
2. Bid Item 102-1-8 consists of Maintenance of Traffic - Securing Traffic Signal Poles by
use of a crane when drainage construction trenches, excavations, and similar construction
necessitate this type of emergency work. A response time of no greater than twelve (12)
hours is required. This item will be paid in one (1) hour increments with a four-hour
minimum and is to include labor and equipment necessary to accommodate a crane of
twenty-five (25) ton minimum. In Accordance with FDOT DS-2008 Indices 615, 618,
622, and 628.
3. Bid Item W2-1-C consists of Maintenance of Traffic for Utlllty locate soft-dig. Non-
destructive vacuum excavation. safely exposing utilities using a combination of
CQJnPresseJi,anlilacJlum.a1r_.Thls method Is to be used to exposeutllitles and obtain
vertical elevation, diameter and materials at a location. Soft-dig depth to be 16 to 19
ft as requested by the engineer. Soft-dig Is to be implemented in accordance with
FDOT DS-2008 Indices 615, 616. 617, 618, 622 and 628.
4. Bid Item 102-11 consists of Police assist for Maintenance of Traffic.
5. Bid Item 102-99 consists of Variable Message Signs as described in Note No. 20 of
Section 4 "CONTRACT NOTES" listed above in this Technical Specifications
document. Price provided In the contract shall be for one sign per day.
6. Bid Item 144-77 FDOT Traffic monitoring Station, Four Lane Divided, 2-way, FDOT
SD Index # 17900-"Lane Numbering Convention Detail" - Detail B. Furnish & Install
Complete including Cabinet, Piezometers, loops, power service, conduit, and pull boxes.
7. Bid Item 144-78 FDOT Traffic Monitoring Station - Each additional lane. Includes
additional Piezometer and two (2) loops including additional cabinet hardware.
8. Bid Item 400-1-15 shall consist of Furnish & Install Class-I concrete (Misc.) - wire re-
enforced, with minimum 28-day break strength 3,000 psi. Measured in cubic yards (CY).
9. Bid Item 455-142 - Cross hole Sonic logging test as per FDOT SSRBC-2007.
10. Bid Item 522-1-x consists of cutting concrete or paver-brick sidewalk (in square yard
measurements) for the installation of conduit, pull boxes or hand holes. Patch as required
to match existing construction. Consists of 4" thick concrete sidewalk when x ~ A, 6"
thick concrete sidewalk when x = B, and paver brick repair (remove and replace) when x
=C,
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II. Bid items 620-1-1 consists of furnish & install grounding electrode. See Palm Beach
County Typical Sheet T- 4.
12. Bid Items 630-1-11-x consists of galvanized intermediate metal conduit liMe) above
ground where 'x' represents the diameter in inches.
13. Bid Items 630-1-12-x consists of PYC (SCH. 40) underground in-trench conduit of 2"
diameter when x = 2; 4" diameter when x= 4; 2" split duct of SCH. 40 including 90
degree sweeps and coupling when x=2SD
14. Bid Items 630-1-12-xA consists of an additional PYC (SCH. 40) underground in-same-
trench conduit of 2" diameter when x = 2, and 4" diameter when x=4.
15. Bid Items 630-1-12-xi consists of PYC (SCH. 40) underground in-trench conduit of 4"
with (3) 1- 'I." HDPE inner-duct when x =4i; and additional 4" conduit in-same-trench
with (3) 1- ,(." HDPE inner-duct when x =4iA.
16. Bid Items 630-1-I2-lv consists of HDPE inner-duct of 'I." diameter when y=3; 1"
diameter when y=4, and I V,"diameter when y=6.
17. Bid Items 630-1-13-x-v consists of HDPE (SDR 11) directional bore under-pavement
conduit of 2" diameter when x = 2; 4" diameter when x = 4; 6" diameter when x=6, and
4" with (3) 1- '/." HDPE inner-duct when x =41. The y represents the number of conduits
per directional bore.
18. Bid items 630-1-15-x consists of galvanized bridge mount conduit of 2" diameter when x
= 2 and 4" diameter when x = 4.
19. Bid items 630-1-16-x consists of PYC (SCH. 40) open trench in pavement conduit of 2"
diameter SCH 40 when x = 2; and 4" HDPE with (3) 1- ,(." HDPE inner-duct when x =41.
20. Bid Items 630-1-19-x consists of galvanized rigid conduit (GRC), jack and bore under
rail road tracks. Where 'x' represents the diameter of the conduit in inches.
21. Bid Items 630-1-30-x consists of figure 8 - HDPE inner duct aerial conduit with I 0"
diameter when x = 4, 1.25" diameter when x = 5, and 2.0" diameter when x = 8,
22. Bid Items 630-3-x consists of rod ding and cleaning out existing conduit.
23. Bid Item 632-6-I-x is signal cable in linear feet where 'x' represents the number of
conductors.
24. Bid !tern 632-7-I-lx defines the span length range for signal cable where 'x' defines the
beginning (from) and ending (to) range in linear feet (LF).
For x = A defines the range of signal cable from 0 to 250'
B defines the range of signal cable from 251 to 350'
C defines the range of signal cable from 351 to 450'
D defines the range of signal cable from 451 to 550'
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E defines the range of signal cable from 551 to 650'
F defines the range of signal cable from 651 to 750'
G defines the range of signal cable from 751 and greater
Traffic signal cable shall meet the minimum requirements per IMSA - 1119-1-1984
nineteen (19) strand specification. All vehicle span wire mounted signal cable shall be a
minimum nineteen (19) conductor cable, and color-coded to meet the latest IMSA
specifications. NO SPLICES are allowed in any signal cable per FDOT specification B-
632-3. Signal cable entering disconnect hangers or service head shall have a ten (10) inch
drip coil, two turns.
25. Bid Item 632-7-1-x is pedestrian signal cable per intersection where 'x' represents the
number of conductors. Pedestrian signal cable shall be run separately. NO SPLICES are
allowed in any signal cable per FDOT specification B-632-3.
26. Bid Items 633-11 I-x are Furnish and Install aerial FSM fiber optic cable consisting of 12
counts when x = 12,24 count when x = 24; 48 count when x = 48; and 96 count when x =
96. Aerial fiber cable to be installed with \1," minimum messenger cable.
.- 27: Bid Items 633~1'21-xire- Frimisli aridulnstall underground FSM fiber optic cable
consisting of 12 counts when x = 12; 24 count when x = 24; 48 count when x = 48; and
96 count when x = 96.
28. Bid Items 633-31 I-x are Install only aerial FSM fiber optic cable consisting of 12 counts
when x = 12; 24 count when x = 24; 48 count when x = 48; and 96 count when x = 96.
29. Bid Items 633-321-x are Install only underground FSM fiber optic cable consisting of 12
counts when x = 12; 24 count when x = 24; 48 count when x = 48; and 96 count when x =
96.
30. Bid Items 633-421-x are Furnish and Install direct bury in saw cut FSM fiber optic cable
consisting of 12 counts when x = 12; 24 count when x = 24; 48 count when x = 48; and
96 count when x = 96.
3l. Bid !terns 633-7-x Terminations. Consists of fiber optic patch cable panel enclosure and
splice tray, rack mount. The x refers to fiber cable count. For example, parts currently
used by the County for a 12-count fiber optic drop into a controller box include:
Part #
3M 8423
3M 8406-TS
3M 8499-W
3M 2522
3M 2521-F
12
3M 2170
12 Varies ·
12
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· Palm Beach County currently uses Part # DO I G-3 UOO-1M,
manufactured by Fibertron (use the same or approved
eauivalent).
32. Bid !terns 633-9-x consists of fiber optic fusion splice. The fusion splice shall meet the
requirements of SlEeOR LID (Light infusion detection) system. The x refers to the fiber
cable counts. All Fiber Optic installation shall be complete including OTDR testing
(Made Operationally Complete).
33. Bid !tern 634-4-113-NX- defines the span length range for span wire assembly. All
support cable shall be galvanized steel (A-475-72), 1 x 7 strand class A coating with
Seimen Martin grade flexibility. All cable to be 3/8" inch diameter when N=l, 7/16
inch diameter when N=2. and Y, inch or larger diameter when N=3. Drop cable which
may be 1/4 inch (Steel, Galvanized - 6950 pounds.) (See Signal Typicals). Where x
defines the beginning (from) and ending (to) range in linear feet (LF) of the span length:
For x = A defines the range of signal cable from 0 to 250'
B defines the range of signal cable from 25 i to 350'
C defines the range of signal cable from 351 to 450'
D defines iherange of signal cable from 451 to 550'
E defines the range of signal cable from 551 to 650'
F defines the range of signal cable from 651 to 750'
G defines the range of signal cable from 751 and greater
34. Bid Item 634-4-t13-lx-HY defines 3/8"high yield span wire assembly for bid item 634-
[13-lx.
35. Bid Item 635-1-12 is an aerial junction box.
36. Bid Item 635-1-15A is a polymer, split-lid (two (2) piece ) large pull box with
dimensions 30" x 48" x 24" deep, with heavy duty cover embossed with the word
TRAFFIC.
37. Bid Item 635-1-ISB is a polymer, pull box with dimensions 17" x 30" x 12" deep, with a
heavy duty cover embossed with the word TRAFFIC.
38. Bid Item 635-1-1SB-S is a special polymer traffic load bearing, pull box with dimensions
17" x 30" x 12" deep, with a traffic load bearing heavy duty cover embossed with the
word TRAFFIC.
39. Bid Item 635-1-ISC is a polymer, heavy duty pull box with dimensions iT' x 30" x IS"
deep, with a heavy duty cover embossed with the word TRAFFIC
40. Bid Item 635-1-ISD is a polymer, heavy duty pull box with dimensions I T' x JO" x 24"
deep, with a heavy duty cover embossed with the word TRAFFIC.
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41. Bid Item 639-x shall include an electrical power service. The size of the feeder
conductors shall be such that the voltage drop will not exceed 2'1, % of supply voltage at
the final distribution point. The service wire shall be XHHW. No service conductors
shall be smaller than #6 A WG.
42. Bid Items 2i!::! and 643-1 shall include guying concrete strain poles and Guying
wood strain poles. The guy wire includes down guy marker, full rounded yellow.
1.5" in diameter and 8 ft long.
43. Bid Items 641-2-AB-YY shall include furnish & Install pre-stressed concrete pole with
foundations. This item includes concrete foundations, ground rods, and all other
appurtenances required for a complete installation in accordance with the concrete pole
detail tabulation, and appropriate FDOT specifications. The concrete foundations shall
adhere to the Signal Typicals, providing a minimum of three cubic yards per pole,
standard 2,500 PSI strength, verified by a copy of delivery receipt. To maintain hole
integrity once excavated, 48" tunnel liners are to be utilized in all pole installations,
unless waived by the County. The Contractor shall be responsible for establishing the
rake as specified by the pole manufacturer in relation to the load placed on the poles at
the time ofiI1s.~.II~!~n. The pole ~cl~sifie~ asfoIlows:
YY = Length of Pole
44. Bid Item 649-I-AB are Furnish & Install steel strain pole which include pole, concrete
foundations, anchor bolts, ground rods, and related appurtenances required for a complete
installation in accordance with FDOT Steel Strain Pole Standards (Index # 17723)
defined In Desl n Standards
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45. Bid Item 649-3lxxx are Furnish & Install mast arm which includes pole, ann, concrete
foundations, anchor bolts, ground rods, and related appurtenances required for a complete
installation in accordance with FOOT Mast Arm Assembly Standards. The mast ann
assemblies shall be powder-coated per specification listed in Attachment A, unless
otherwise noted. When Mast Arm is specified to be equipped with lumina ire, this item
includes Mast Arm, luminaire bracket, cobra head luminaire (wattage as indicated on
plans, wiring, control and all incidental hardware necessary for proper installation.
46. Bid [tern 649-33xxx are Install-Only mast arm which includes concrete foundations,
anchor bolts, ground rods, and related appurtenances required for a complete installation
in accordance with FOOT Mast Ann Assembly Standards. The Contractor shall provide
soils analysis and foundation design. The mast arm assemblies shall be powder-coated
per the attached specification unless otherwise noted. The Contractor shall have access to
low profile auger truck(s) when specified by Engineer, at no additional cost to County.
47. Bid Item 649-4 Use of a Low Profile Auger Truck (LPAT) for foundation drilling. The
cost for providing the LPAT shall be on a unit basis per each drilled shaft foundation (as
per contract note 32).
48. Bid Item 650-5x includes traffic signal heads. Traffic sIgnal head Includes signal
housing and LED lenses. This items shall adhere to the Signal Typicals and the
following specifications:
I. There shall be provided by the manufacturer of traffic signal heads, a method of
positive locking. The method used shall prevent any misalignment due to high winds
or objects which may come in contact with the signal head. Signal heads shall be cast
aluminum with stainless steel door hinges, locking nuts, and washers. All signal
indications (Red, Yellow, Green, and Pedestrian) shall be LED and FDOT and lTE
approved as per attached specifications, unless otherwise specified. When all signal
heads are assembled, no section shall be inverted. The signal head bodies shall be tlat
black, with tlat black faces and tunnel visors. All signal head bodies at a given
intersection shall be the same color.
2. All Green, Yellow, Red, and Pedestrian lenses shall be LED. However, the following
specification is included in the event that for some unanticipated reason, glass lenses,
retlectors, and incandescent lamps may be needed instead of LED.
i. Lenses shall be glass. Lenses and reflectors shall be FOOT and lTE
approved.
ii. Incandescent lamps shall meet or exceed the beam candle power
specifications of the Institute of Traffic Engineers Technical Repott No. 1
(latest revision) and the American Standards Association (D-IO-I-1958
UNDO 656,057) or lalest revisions. Durotest or General Electric i 35 watt
gas-filled Signal Lamps shall be used, unless written authorizatlon is
obtained from the Engineer.
3. The bid price of traffic signal heads for span-wire signals shall include disconnects
and hangers according to Note 50 (Bid Item 659-x03) below.
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4. The bid price of traffic signal heads for Mast Arm signals shall include signal hangers
according to Note 50 (Bid Item 659-x21-y) below.
49. Bid !tern 653-19x shall be a HandlCountlPerson display comprised of LEOs, and shall
comply with ITE and FOOT specifications, for count-down pedestrian signals, Signal
Typicals, and the attached specifications.,
50. Bid Item 659-x03 consists a disconnect hanger, an empty disconnect hanger housing (for
future use), stainless steel thumb screw (5/16") and terminal block machine screws. The
disconnect shall be flat black in color, and shall be provided for all signal heads. This
includes furnish and install when x=I, furnish only when x=2, and install only when x=3.
The disconnect shall include the following (see Signal Typicals for details):
I. Single door type with drop connections make with W' galvanized cable.
2. One SE-I006 terminal block.
3. One SE-lOI2 terminal block.
4, Disconnect wiring harness.
5. Disconnect hanger housing,
6. Disconnect wiring.
7: .Positivlnockmg oIl1iTh-:-~_m.
8. Stainless steel hinge pins and locking screws.
9. Signal cable entering disconnect hanger or service head shall have 10" drip coil, two
turns.
10. Capable or holding one 12 and one 6 terminal block for a total of 18 terminals, tapped
for #10-24 screws.
II. Housing to take tristud adapters 1156T with nylocks, and tapped for #1/4-20 square
head set screws.
12. Shall have two separate aluminum adjustable locking bars.
13. Doors must be hinged to open horizontally, on two stainless pins.
14. Disconnect hanger housing and door must be high tensile cast aluminum. The door
must lock in place with stainless steel thumbscrews and must be watertight.
Thumbscrews must have shoulder. Hinges and all hardware shall be stainless steel.
15. The finish shall be chromate primer, baked enamel.
16. The terminal block mounting stud shall be threaded to take four. #10-24xl" Phillips
screws.
17. The hanger must have a minimum of300 cubic inches or working space on the inside
housing.
The bid price of traffic signal heads for span-wire signals shall include disconnects and
hangers.
51. Bid Item 659-x21-v consists of mast ann signal hanger, vertical & horizontal brackets,
required to attach signal heads to mast ann structures and includes all required hardware.
Pipe and plate of bracket are aluminum and hanging cable and hardware are stainless
steeL Pipe length shall be adequate to hold a 4-section head per Palm Beach County
Standards. This includes furnish and install when x=l; furnish only when x=2; and
install only when x=3. The bracket is one-way when y=!; two-way (2way) when y=2;
three-way (3way) when y=3; four-way (4way) when y=4.
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The Bid price of traffic signal heads for mast arms shall include all the hardware and
hanger for horizontal and vertical mast arm installations.
52. Bid Item 659-107 Aluminum pedestal complete consists of 20' (adjusted to required
height) and 4" in diameter pole, pole base. foundation, rebar, conduit and anchor
bolts.
53. Bid Item 660-1-x furnish and install a detector amplifier as listed in the attached special
specifications for traffic control assembly. The detector amplifier shall provide
normal/presence detection with delay/extend capability. Work EXCLUDES any
additional harness. MS connector, and any additional internal cabinet wiring. Work
INCLUDES making the detector operational as per plans and adjusting settings
(presence/pulse, frequency/sensitivity, normal/delay/extend) as necessary and testing to
verify that the loop detector is operationaL A detector shall consist of a 2-channel TS-2
rack mount when x=O; and I-channel TS-l shelf mount when x= 1.
54. Bid Item 660-2-x is an Inductance loop detector complete, including Installation of
I.o.o.p wire. '.. saw..cut.. sealant, lead-ln,.ll!l!lj!lJ:JlvlduaUe_~.dd,n-per loop_ to cabinet. Lead-
Iii-slack-of 6' coif per lead 10 the pull box (If applicable) and 6' coli in the cabinet for
each lead-in. Color coding and labeling of the loops shall be provided In all cases
(minimum depth of saw cuts of 2"). The loop wire shall be #14 A WG XHHW. The
loop lead-in wire shall be #16 A WG shielded twisted stranded, tinned copper. It
shall be Carol-Part # C2553.41.01 or equivalent. Western Union Splicing connector
shall be used as shown on PBC Traffic Signal Typicals, Page T-2. with 3M-Part #
85725 electrical tape Coating. Sealant shall be liquid tar (step asphalt hot type 4).
55. Bid Item 660-2-102 refers to loop assembly Type B with a dimension of 6' X 6', See
Signal Typicals.
56. Bid Item 660-2-102-A refers to advanced loop assembly Type B with a longitudinal
dimension of 6' and a width equal to the roadway width minus 2' from each edge of
pavement. See Signal Typicals.
57. Bid Item 660-2-106-x refers to Loop Assembly Type F with width of 6' and a
longitudinal dimension of26' when x = A; and 46' when x = B. See Signal Typicals.
58. Bid Item 670-5-110 shall consist of Naztec TS-2 Type I or TS-2 Type 2. See attached
specifications and PBC Typicals for controller assembly types including a base mount
foundation.
59. Bid Item 676-xlO-61 and 676-xlO-62 consist of HUB SITE Cabinet. Controller cabinet
fabricated with 5052 Aluminum, 0.125 thick-powder coat paint - fabrication including
insulation as per specification - doors and dimensions as specified. Each cabinet shall
contain the following:
. NEMA (Traffic Control Assembly) Power Panel
. Lightning Suppression
. 8-outlets (Four (4) GFI and Four (4) Standard)
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. 1-19" Rack for 24" cabinet
. 2-19" Racks for 48" cabinet
. Lights (2 Florescent lights for 24" cabinet and 4 Florescent lights for 48" cabinet)
. Two (2) Thermostatically controlled fans
. Filters (one per door)
All electrical equipment and wiring by others. See details in Attachment A; Special
Specifications. This items is Furnish & Install when x = I; and Furnish-Only when x=2.
60. Bid Item 681-20x (x from 0 to 9) consist of Furnish-only, Ceramic Fiber Optic SM Patch
Cable. Length and connector as specified in each bid item.
61. Bid Item 681-210 consists of Furnish-only, Copper Patch Cable, CAT 5E-568A,
Standard, Gray, I m long.
62. Bid Item 681-211 consists of Furnish-only, Copper Patch Cable, CAT 5E-S68B, Cross-
over, Yellow, 1 m long.
63. Bid Item 699-1-Ix shall consist of furnishing and installing internally illuminated street
name signs and all necessary hard-,yar.e_ (sll-"h as_b~c~!Umg.'>:Yiri!1gLfor a_complete
ItistalIahon. The Contractor shall provide the sign face material to the Palm Beach
County Sign Shop, which will apply the lettering prior to the Contractor's installation of
the sign assembly.
Where the bid item is noted as "Install Only", Palm Beach County will provide the signs
and brackets, and the Contractor will provide the labor to install the signs and necessary
wiring for a complete installation.
The signs shall adhere to the specifications attached.
64. Bid Item 700-89-2 Furnish & Install 30"x30" LED Blankout sign. Transportation Control
System (TCS LED BO No Turn on Red), Southern Manufacturing, or equal.
65. Bid Item 700-89-3 Furnish & Install 30"x30" Fiber Optic Blankout sign. National Sign
& Signals ( No right turn symbol FOBO 3030 L, FOBO 3030 R), Southern
Manufacturing, or equal.
66. Bid Item 715-I-Ix Consists of Furnish and Install Cross-linked polyethylene copper
cable size as specified on the plans.
67. Bid Item 715-4-xxx Light Pole Complete - Consists of Furnish and Install are Furnish
& Install Light Pole complete which includes pole, arm, concrete foundations, cobra
head Iuminaire (wattage as indicated on plans), wiring, control, anchor bolts, grounding
and related appurtenances required for a complete installation in accordance with FDOT
Standard Roadway Aluminum Lighting.
68. Bid Item 715-5-xx Luminaire and Bracket arm. This item consists of Furnish and
Install GE Cobra Head fixture (see detail in Attachment A), which includes ISO,
200, 250, or 400 watt bulbs (as per Engineering plan). High pressure sodium, power
door, Semi-cut off and cut off, multi voltage fixture. The bracket arm is to be
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equivalent to Hapco 67524, slip fitting electrical aluminum. The Contractor shall
provide the necessary service wire, circuit breaker andlor box, photo-electric
control (PEC), weather heads, lightning arrester, and conduit risers with associated
hardware. This item Includes one luminalre and bracket arm each. For xx = A
provide 8ft arm, B provide 12 ft arm with 36" rise, Bl provide 12 ft arm with 84"
rise, C provide 15 ft arm with 36" rise, and CI provide 15 ft arm with 84" rise.
69. Bid Item 715-7-xx Consists of Furnish and Install a complete service assembly as per
plan and service specification (Load Center),
70, Bid Item 715-10-x Consists of Furnish and Install light pole foundation, anchor bolts,
washers as per plans and standard indexes. includes all components listed in the design
standards and conduit and conductors for the service,
71. Bid Item 715-11-xxx This Item consists of Furnish and Installluminalre only. The
Luminalr Is GE Cobra Head fixture (see detail in Attachment A), which includes
150, 200, 250, or 400 watt bulbs (as per Engineering plan). High pressure sodium,
power door, Semi-cut off and cut off, multi voltage fixture.
72. Bid Iteni786-1-fConsists of Furnishing and/or Installing Microwave Vehicle Detection
System Naztec Accuwave (see details in Attachment A) or as specified on the plans.
Installation shall include wiring, mounting hardware, and all necessary hardware.
73. Bid Item 786-I-X2-Z1 Consists of furnishing and Installlng lor Install-only Video
detection system AutoScope by EconoUte - TS2 version. Installation shall include
wiring, mounting and all necessary hardware. All PBC new cabinets are TS2, thus
all AutoScope Vehicle Detection System must be hooked up as TS2 (SDLC). The
following are the Specs for the AutoScope:
1. AUTOSCOPE SOLO TERRA sensor (camera) 3 wire hook up. Minimum one
per approach.
2. Camera wiring must be homerun directly back to the controller cabinet.
3. Astro-Camera-Brac, Mast Arm Mount 74" Tube.
4. Side of Pole Camera mount. SH-0527-12.
5. ASTCBL I-Tip to Tip Connection Cable.
6. ATIPl Terra Interface Panel for NEMA Cabinet (Tip)
7. 34909Gl Shelf mount enclosure with 34974Pl120V AC Power
This items is Furnish & Install when x = 1; and Install -Only when x=3. When Z=I
it is one (I) camera system and when Z=4 it is four (4) camera system. See details in
Attachment A
74. Bid Hem 786-I-X2-Z1 Consists of furnishing and Installlng lor install-only Video
detection system Iteris TS2 Model. Installation shall include wiring, mounting and
all necessary hardware. All PBC new cabinets are TS2, thus all Iteris Vehicle
Detection System must be hooked up as TS2 (SDLC). This items is Furnish & Install
when x = 1; and Install-Only when x=3. When Z=I it is one (1) camera system and
when Z=4 it is four (4) camera system. See details in Attachment A.
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75. Bid Item 634-4-104 defines 1/4"hlgh yield span wire assembly for communication
cable support.
76. Bid Item 685-261 consists of RUGGEDCOM Industrially Hardened Ethernet
Switch, RSG2100 19-Port Modular Managed Ethernet switch with Gigabit Uplink
Ports. See details in Attachment A
77. Bid Item 68s:.262-x consists of RUGGEDCOM Switch, RS900 9-Port Managed
Ethernet switch with Fiber Optic uplink. When x=2 It is with 2 fiber ports, and
when x= 3 it Is 3 fiber ports. See details in Attachment A
78. Bid Item 685-266 shall consist of Furnishing-only Fiber Optic Splicing Trailer as
per specifications listed in Attachment A
79. Bid Item 685-173 CORETEC Digital Video Encoder VCX-2400 Series (see details in
Attachment A).
80. Bid Item 78~-1:2 Co~'!~~~t.s~.<lf fUl"nlsh~~IYJ!!':~\j.re~t\jmID contact_closure transceiver,
tWo (2) units per installation.
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7. WARRANTY AND MATERIAL CERTIFICATIONS
Mast Arm combinations shall be free from defects in material and workmanship for a period of
one year from the date of final Inspection and acceptance by the County.
Copies of manufacturer's warranties shall be submitted upon invoicing of all products, including
material certifications.
8. PRICE ADJUSTMENTS
At the discretion of Palm Beach County - County Engineer, price adjustments per project may
be allowed up to the percentage increase or decrease of the cost of Furnish-and-Install and
Furnish-Only items by the contractor. The percent increase or decrease shall be twenty five
percent (25%) of the Furnish-and-Install items, and fifty percent (50%) of the Furnish-Only
items, of the change in the cost of HD Galvanized Coil, as published by MEPS as compared to
the August 2008 price of $1438/ton. (Check web site: at: httD://www.meDs.co.uk/index.htm. or
direct link at: hllo://www.meDs.co.uk/N.Amer%20Price.htm.)
Example:
1- August 2008 price
Future new price
Adjustmenfallowed
= $ 1438
= $ 1020
= ($1620 - 1438) /1438 X 0.25 = - 7.3 % (7.3 % decrease in price)
2- August 2008 price = $ 1438
New Future new price = $ 1730
Adjustment allowed = ($1730 - 1438) /1438 X 0.25 = 5.1 % (5.1 % increase in price)
Contractor shall provide thirty (30) days written notice to Pam Beach County and written
approval from Palm Beach County is required for cost increase. Price bid shall be effective
without change for one hundred and eighty days (180) after the (commencement of) contract
before an adjustment may be considered.
9. INVOICING AND PAYMENT
The Contractor shall submit only rwo invoices per job; one partial and one finaL Palm Beach
County Traffic Division will review the invoices and issue a payment authorization for each of
the Partial and Final invoices. The final payment authorization will be issued only after the final
inspection of the job has been completed and approved by the County designated engineer. The
total project cost in the final invoice shall not exceed the initial cost estimate ofthe job listed in
the bid-tab associated with the job work authorization and the cost of the change orders. All
change orders shall be signed by the County designated engineer.
c ;\pbc\conlraCI documents\2008\contract_) ,doc
TS-19A
560 N.w. Enterprise Drive
Port St. Lucie, FL 34986
(772) 340-7474, ext # 210
(772) 340-7475
mhawthome@aerelco.com
To: City of Boynton Beach Contact: Andrew P. Mack. P.E.
Address: Public WorkslEngineering Division Phone: (561) 742-6962
Fax: (561) 742.6265
Project Name: Gateway Blvd. & Quantum Blvd. SIgnalization Bid Number: 09071001
Project Location: Intersection of Gateway Blvd. & Quantum Blvd. Bid Date: 6/24/2009
Boynton Beach, Palm Beach County FIN#: N/A
The information contained In this electronic transmission (to indude any accompanying atlachmanls)ls Intended soley for lit;; authorized reclplent(s) and may
be confidential or legally prlvlledged, If you are not the Intended recipient or responsible for delivering some or aU of this transmission to an Intended recipient,
you have received this transmission In error and are hereby notified that your are restricted from reading, printing, distributing or disclosing any of the
information contained in it. In that event. please contact us Immediately at (772) 340-7474 ext 210 ad delete the original and all copies of this transmission.
Estimated
Item # Pa Item Descrl tion Quan' U1M Unit Price Total Price
Roadway Items
Mobillzallon $ 10.000.00
Maintenance ofTrafflc $ 7.650.00
'$ 17,650;00
Traffic Signalization Items
9 630-1-11 Sl9nals. Conduit (F&I) Aboveground 20 LF $ 14,75 $" 295,00
10 630.1-12 Sl9nals, Conduit (F&I) U/G 2" PVC Sch.#40 396 LF $ 4.50 $,/ 1.762.00
11 630-1-13 Signals, Conduit (F&I) UIP 2" 13.5 HOPE 510 LF $ 9.75 $/ 4,972.50
12 630.1.22 Si9nals, Conduit (F&I) Add'I2"Condult 1,405 LF $ 2.50 $ 3.512.50 1
13 632.7-1 SI9nals, Cable (F&I) 1 PI $ 3,450.00 $./ 3.450.00
14 633-4-112 Signals, Fiber Opllc Conduit (F&i) U/G 50 LF $ 4,50 $./ 225,00
15 633-4-113 Sl9nals. Fiber Optic Conduit (F&i) U/P 150 LF $ 9.75 $/ 1.462,50
16 633-4-122 Slgnais. Fiber Optic Conduit (F&I) U/G 150 LF $ 4,50 $ 675.00 1-
17 633-5:1 Signals, Fiber Optic Pull Box (F&I) 2 EA $ 945.00 $ 1.690.00 2
16 635.1-11 Pull & Junction Boxes (F&I) TRAFFIC 16 EA $ - 34<l.00 $""-- 5.440.00
19 639.1.22 Electrical Power Service (F&i) U/G 1 AS $ - 650,00 $v 650,00
( Purchased from FPL )
20 639-2-1 Electrtcal Service Wire (F&I) #6 200 LF $ 1.25 $V 250.00
21 641-2-12 Prestressed Concrete Pole (F&I) P-lI Service 1 EA $ 651.00. $/ 651.00
22 649-31-102 MIA Assm (F&I) (150 WIBP) 891 Arm wIn Lum (46') 1 AS $ 19.65D<00 $/ 19.650.00
23 649-31-103 MIA Assm (F&l) (150 WIBP) 5g1 Arm w/o Lum (601 1 AS $ 27.725.00 $ v 27,725.00
24 649-31-104 MIA Assm (F&I) (150 WIBP) Sgl Arm w/o Lum ( 70.5) 2 AS $ 33,290,00 $ / 66,560,00
25 650-51-311 TIS Assm (F&I) 3-S:1-W ( STD ) 6 AS $ 700,00 $/ 4.200,00
26 650.51-511 TIS Assm (F&I) 5.S Cluster:l-W (STD) 4 AS $ 1,100.00 $ v 4.400.00
27 653-191 SI9nal . PED (F&I) LED Countdown (1-W) 2 AS $ 720.00 $'/ 1.440.00
26 653-192 Signal, PED ( F&I) LED Countdwon ( 2-W ) 2 AS $ 1.350.00 $v 2.700.00
29 659-107 TIS Aux (F&I) Aluminum Pedestal 4 EA $ 750,00 $ ,/ 3,000.00
30 663-74-11 Vehicle Detector Assm ( Optical) (F&I) 1 EA $ 27,605.00 $ 27.605.00 1
31 665-11 PED Detector (F&i) Pole Mounted 6 EA $ 105,00 $v 630,00
32 670.5-110 Traffic Controller Assm (F&I) NEMA 1 AS $ 21,550,00 ov 21,550.00
33 676+110 Controller Acces (F&I) Type IV Time Switch 1 EA $ 750.00 $ 750.00 -Z
34 665.106 Sys Aux (F&I) UPS 1 EA $ 450.00 $ 450.00 ;
35 665.120 Sys Aux (F&I) Telemetry Transclever 1 EA $ 3,500.00 $ 3,500,00 0
36 665.128 Sys Aux (F&I) Interface Panel 1 EA $ 2,750.00 $ 2,750.00
37 699-1.1 Sign, Internally lIIuminated (F&I) GATEWAY 2 EA $ 1,750.00 $ ,/ 3.500.00
E-x/-I-iI3; T \ lIS //
To:
Address:
City of Boynton Beach
Public Works/Engineering Division
Contact:
Phone:
Fax:
Bid Number:
Bid Date:
-'--~--'-_._'-'--"
Andrew P < Mack, P E (
(561) 742-6982
(561) 742-6285
Project Name:
Project Location:
09071001
R/24/2009
NJA I
3,500.00
219,385,50
Total Proposal Amount
$
237,035.50
Proposal Notes:
This is issued with the understanding that the above pricing wlll transmIt to a Unit-Price Contract
Agreement.
Pricing is based upon the Palm Beach County Annual Signal Contract
The foHowing items are not 1n the County's Annual Contract:
101.1,630.1-22,678-1.110,685-106,685.120 & 665.128.
Notes:
"Our proposal Is valid for 30 days following ttle dl!lte of bid submissIon. Exceptlons maybe granted upon request
^The above quotatIon Is based on reasonable interpretation ot the available Contract Documents, Plans, Specifications,
Special ProvisionS" Genaral Notes and Addenda where applicable,
~Local power company impact fees, permit fees, permitting and surveying are not included.
^Acts of God and Unforsaen Conditions will not be the responsibility of GerelcQ Traffic Controls, Inc. If Builders InsuranCE-
is reqUired. Gerelco Traffic Gonltols, jnc can provide a proposal for coverage.
^Costs and Scheduling impacts to project resulling from utlilty conflicts. either underground or overhead, will not be the
responslblllty of Gerelco Traffic Controls, Inc.
"Preparation of Shop drawings and submittals generally take 30-45 days following the issuance 01 a notice 10 proceed under
usual circumstances. A reasonable material procurement IS anticipated thereafter ( , 2~18 weeks ).
"Advanced no1ice of all project related events is essenllal If attendance is expected. Please provide at least 10 day advance
notice of Preconsltuclion Meetings and Partnering Meelings
~ Unless otherwise stipulated or specifically directed prior, our quotation is based on the timely performance of the limited
scope of work expressed in our proposal as reprl:lsented in the Contract Documents, Plans, Specificaiions, Special
Provisions, Technical Special Provisions, General Notes and Addenda (if ap~hcabla). ThiS does I'\ot include aCC;eleratlon
of our efforts and costs Without recognition
^ Unless otherwise agreed to or negotiated in advance of the contrat execution. our quote is prediealed on the COntract
Time stipulated in the Notice of Bid Solicitation, Adyertisement, Contract Documents, Plans, Specifications, Special
Provisions, Technical Special Provisions, General Notes and/or Addenda where applicable. Any acceleration or delay
ronstituling a change in Ihe al11icipaled duration of the original basis of our estimate shall be subject to negotiation
Payment Terms:
By accpetng our propoal you agree to the following payment ferms: Net 30 days after receipt of invoiCh,
ACCEPTED: Confirmed: -----------------
Gerelco Traffic Contr~~. fne -~
The above prices, notes and conditlons are satisfactory and are accepted. ,
--------o-C .~ /'
Name: Authorized: -'---
Signature, Estimator Micha€!l Hawthorne, Vice PreSident otOperations
Date of Acceptance: (772) 340-7474, exL 210
560 N. W. Enterprise Drive
Port St. Lucie, FL 34986
(772) 340-7474,ext # 210
(772) 340-7475
mhawthome@aerelco.com
To:
Address:
City of Boynton Beach
Public WorkslEngineering Division
Contact:
Phone:
Fax:
Bid Number:
Bid Date:
FIN#:
Andrew P. Mack, P.E.
(561) 742-6982
(561) 742-6285
Project Name:
Project Location:
Gateway Blvd. & Quantum Blvd. Signalization
lntersectlon of Gateway Blvd. & Quantum Blvd.
Boynton Beach, Palm Beach County
09071001
8124/2009
N/A
The informa1ion contained In this electronic transmission (to include any accompanying attachments)ls intended soley for lis authorized reclpient(s) and may
be confidential or legally prlviledged. If you are not the Intended recipient or responsible for delivering some Of all of this transmission to an intended recipient,
you have received this transmission In error and are hereby notified that your are restricted from reading, printing, distributing or disclosing any of the
information contained in it. In that e.....en!. please contact U5 Immediately at fJ72) 340-7474 ext 210 ad delete the original and all copies of this transmission.
lIem# Pa Item Descri tion Unit Price Total Price
Roadway Items
Mobilization 10.000.00 $ 10,000.00
Maintenance of Traffic $ 7.650.00
$ 17,650.00
-.- TiifflCSlgnallZation rtems
9 630.1-11 Si9nals, Conduit (F&I) Aboveground 20 LF $ 14.75 $" 295.00
10 630.1-12 Signals. Conduit (F&I) U/G 2" PVC Sch.#40 396 LF $ 4.50 $./ 1.782.00
11 630-1.13 Signals, Conduit (F&I) U/P 2" 13.5 HDPE 510 LF $ 9.75 $/ 4,972.50
12 630-1-22 Signals. Conduit ( F&I) Add'l 2" Conduit 1,405 LF $ 2.50 $ 3.512.50 !
13 632.7.1 Signals. Cable (F&I) 1 PI $ 3.450.00 $./ 3,450.00
14 633-4.112 Signals. Fiber Optic Conduit (F&I) U/G 50 LF $ 4.50 $./ 225.00
15 633-4-113 Signals. Fiber Optic Conduit (F&I) U/P 150 LF $ 9.75 $/ 1,462.50
16 633-4-122 Signals. Flbar OpUc Conduit (F&I) U/G 150 LF $ 4.50 $ 675.00 1-
17 63:>-5.1 Signals, Fibar Optic Pull Box (F&I) 2 EA $ 945.00 $ 1.890.00 ?
18 635-1.11 Pull & Junction Boxes (F&I) TRAFFIC 16 EA $ - 340.00 $""'- 5,440.00
19 639.1.22 Electrical Power Service (F&I) U/G 1 AS $ - 850.00 $v 850.00
(Purchased from FPL)
20 639-2-1 Electncal Service Wire (F&I) #6 200 LF $ 1.25 $V' 250.00
21 641-2-12 Prestressed Concrete Pole (F&I) P-11 Service 1 EA $ 651.00. $/ 651.00
22 649-31.102 MlAAssm (F&I) (150 WfBP) 591 Arm w/o Lurn (46') 1 AS $ 19,650<00 $./ 19.650.00
23 649.31.103 MIA Assm (F&I) (150 WIBP) 5g1 Arm w/o Lurn (60') 1 AS $ 27,725.00 $ v' 27,725.00
24 649.31.104 MfA Assm (F&I) (150 WIBP) 5g1 Arm w/o Lum ( 70,5) 2 AS $ 33,290.00 S v' 66,580.00
25 650-51-311 TIS Assm (F&I) 3-S:1-W (STD) 6 AS $ 700.00 $./ 4,200.00
26 650.51.511 TIS A.sm (F&I) 5.S Cluster:1-W (STD) 4 AS $ 1,100.00 $ >' 4,400.00
27 65:>-191 SI9nal , PED (F&I) LED Countdown ( 1-W) 2 AS $ 720.00 $V 1,440.00
28 653-192 Signal, PED ( F&I) LED Countdwon ( 2-W ) 2 AS $ 1,350.00 $v 2.700.00
29 659-107 TIS Aux (F&I) Aluminum Pedestal 4 EA $ 750.00 $ or 3.000.00
30 663.74-11 Vehicle Detector Assm ( Optical) (F&I) 1 EA $ 27,605.00 $ 27,605.00 1
31 665-11 PED Detector (F&I) Pole Mounted 6 EA $ 105.00 $V' 630.00
32 670.5-110 Traffic Controller Assm (F&I) NEMA 1 AS $ 21,550.00 $ v~ 21.550.00
33 678.1-110 Controller Acces (F&I) Type IV Time Switch 1 EA $ 750.00 $ 750.00 Z
34 685-106 Sys Aux (F&I) UPS 1 EA $ 450.00 $ 450.00
35 685.120 Sys Aux (F&I) Telemetry Transciever 1 EA $ 3,500.00 $ 3,500.00 "
36 685-128 Sys Aux (F&I) Interface Panel 1 EA $ 2,750.00 $ 2,750.00
37 699-1 1 Sign, Intemally f1lumlnated (F&I) GATEWAY 2 EA $ 1.750.00 $ v 3,500.00
To:
Address:
Cit)' of Boynton Beach
Public Works/Engineering Division
Contact:
Andre\.v,;) MacK F ~
Project Name:
Project Location:
Phone:
Fax:
Bid Number:
Bid Da~e:
(561) 742-f:i982
(561) 742-6285
Total Proposal Amount
$
$
1$
09071001
'1/24/2009 !
N/A
3,500.00
219,385.50
237,035.50 i
Proposal Notes:
This is issued with the understanding that the above pricing will transmit to a Unit-Price Contract
Agreement
Pricing is based upon the Palm Beach County Annual Signal Contract
The following items are not in the County's Annual Contract:
101.1,630.1-22,678'1.110,685.106,685-120 & 685.128
Notes:
"Our proposal is v~did for 30 clays following the date of bid submission. Exceptions m~y be gran1ed upon requesl
"The above ql.lotatlon Is based on reasonable Interpretation of !he avsilabJe Contracl Documents, Plans, Specifications,
Special Provisions, General Notes and Addenda where applicable.
^Local power company impact fees, permit fees, permitting and surveying are not Included.
^Acts of God and Unforseen Conditions wit! nol be 'the responsibility of Gerelco Traffic Controls, Inc. )f Builders Insur2'ncp
is required, Garelco Traffic ContrOls., inc. can provide a proposal for coverage.
^Costs and Scheduling impacts to project resultinQ from utility conflicts, either underground or overhead, will not be the
responSIbility of Gerelco Traffic Controls, loe
^ Preparation of shOp drawings and submittals generally take 30-45 days following the issuance 01 a notice 10 prOCeed under
usual circumstances. A reasonable maleriel procurement is anticipated thereafter ( 12-18 weeks ),
"Advanced notice of all project related events is e$sentraJ if attendance IS expected. Please proviae al Ie-as! 10 day advance
notice of Preconstruclion Meetings and Partnenng Meetiilgs
^ Unless otherwise stipulaled or specifically directed prior, our qootation is based on the timely performance of the limited
scope of work expressed in our proposal as re-presented in lhe Controcl Documents, Plans, Specificalions, Special
ProvisiOns, Technical Spedal Provisions, General Notes and Addenda ( il applicable J. This does not Include aCCf!leralion
of Ol.lr efforts and costs without recognition.
^ Unles!; otherwise agreed to or negotiated in advance of!he contrat execution, our quote is predicated on the Contract
Time stipulated in lhe Notice of Bid Solidtalion, Advertisement Contract Docl.lments, Plans, Speclflcations, Special
Provisions, Technical Special Provisions, General Notes and(or AddemJa where applicaols. Any acceleration or del,")'
cons1iluting a change in the anticIpated duration of the original basis of our estimate shall be SUbject to negotiation
Payment Terms:
By acepe-tog our propoal you agree to the following payment terms: Net 30 dai'S after receipt of invoice.
ACCEPTED:
Confirmed: Dls. In{-----
Gerelco __:affj~::~---____ --------------..,
IAuthorized: ,~ ,/
Estimator' MIchael Hawthome, Vice PreSident of perations
, (772) 340-7474, exL 210
The above prices, notes and conditions are satisfactory i:lnd 3re acr:eph~d
IName:
Signature:
Date of Acceptance:
VI.-CONSENT AGENDA
ITEM 8.2
(((,
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date FinaJ Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetin~ Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 SeOtember 1. 2009 August 17. 2009 August 12 2009 August 10. 2009
li'I Sentember I!I, 2009 August 31. 2009 AUl!Ust 26 2009 August 24, 2009
0
n
0 AnnouncementslPresentations 0 Citv Manager's Renort
NATURE OF 0 Administrative in New Business
AGENDA ITEM Is;r Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Purchase 26 Panasonic ToughBook Computers from More Direct in the amouut of
$46,577.70. Attached are three quotes, it is recommended that we purchase these computers from More Direct
instead of Insight Pnblic Sector, despite Iusite Public Sector quoting the computers at a price that is $6.45 cheaper.
The computers from More Direct are in stock, ready to be shipped, and are already built to our specifications. The
Boynton Beach Police Department has purchased equipment from More Direct in the past, and they have established
themselves as a company that provides excellent customer service and will stand behind the products they sell. They
are a preferred Panasonic reseller, and have proven to promptly (and more importantly correctly) apply all
warranties to all products they sell. Additionally, More Direct is located in Boca Raton, belping our local ecouomy.
The computers from Insight Public Sector are existing computers that will either be downgraded to meet our
specification, or will ueed to be built by Pauasonic at the factory. Either way, this will cause a delay in shipping. We
have only purchased one computer from Insight in the past, and therefore have not had the opportunity to establish a
history with them. Finally, Insight does not have a local sales office (it is located in Tampa, Fl.), and the headquarters
are in Tempe, AZ.
EXPLANATION: These laptops will cover the replacement of the existing laptops that are curreutly out of warranty.
In addition to using obsolete technology that cannot keep up with cnrrent application requirements, it is no longer
cost effective to repair these computers we are currently using.
PROGRAM IMPACT: Officers rely on these computers to conduct their everyday duties such as report writing,
maps, receive calls of service and conduct histories on residences. The Panasonic ToughBook computers are the
industry standard in Law Enforcement. Designed to be both water and shock resistant, they are ideal to be used by
Police Officers.
FISCAL IMPACT: This purchase will be funded through the Jag grant (local solicitation), which we have recently
been awarded. Account number 105-3400-521-64-15.
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: If the funding is not awarded, we will continue to purchase after market parts and make repairs to
4 and 5 year old laptops that are becoming increasingly unreliable and are unable to run the applications required hy
Police Officers.
~/
')
1 1
I,'
~H"'~--- -
City Manager's Signature
" '.
Assistant tu City Managerd~___
~.-
City Attorney / Finance
epartment Head's Signature
Public Affairs
Department Name
S:\BULLETlN\FORMS',AGENDA ITEM REQUEST FORM.DOC
IVI()RE"
DIRECT
Sales Rep: Christian Perry
Phone: 9194623649
Fax: 9198829192
Email: teamperry@moredirect.com
Sales Quote# 4569192
Created By: Christian Perry
Bill To: CHy of Boynton Beach Police Dept
Altn: Sarah Byers
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Ship To: City of Boynton Beach Police Dept
Altn: Doug Solomon
100 E. Boynton Beach Blvd.
BOYNTON BEACH, FL 33435
Ship-Via Member Reference I Project Cost Center
UPS Ground FL State# 250-000-03-1
PO Number Date Sales Person Terms Num
Toughbook 2009-07-16 Christian Perry - 919-462-3649. teamperry@moredirect.com Net 30 4569192
Qty Mfg Part # Description Manufacturer Unit Price Extended
1 CF-52GFNBX2M CF52 C2D/2.26 15.4 2GB.160G DVDR WLS NOBT WXP.'MI PANASONIC COMP $1,585.00 $1,585.00
1 CF.SVCL TNF3Y TB wrY EXT.PROTECT PLUS 3YR PANASONIC COMP $206.45 $206.45
Total (Product Only): $1,791.45
Quote Items
* Pricing and availability are subject to change
. Prices do not include tax or shipping
Signature
Date
Print Name
MoreDirect, Inc.
4800 T -Rex Ave., Suite 300
Boca Raton, Florida 33431
Tel. (5611237.3300
Solomon, Doug
From:
Sent:
To:
Subject:
cdwgsales@web cdvvg_com
Wednesday, July 22, 2009 1028 AM
Solomon, Doug
CDW-G Quote Request
7,'"22/2009 9:26 :33 AM
This document is Dest viewed ill a fixed font like COUIJel
Dear Doug Solomon
Thank you for your online quote request. PIior tu :...'onverting t"h-LS quote to dIl GrUer
please contact your account manager for configuracioD, ~lisirlg, and canCI-act veritica~iun.
Should you choose to convert this quote to an order without 'lerificatiorJ, 't'ou may U',-;
contacted by your account manager to conf i rm the deta l ] S ,)f '/our order.
Quote Number: W328749
Quote Reference: Single ToughBook For Info I)nly
Customer Number: 4891184
Purchaser: Doug Solomon
Deliver To: Doug Solomon
Qty Product CDWG Part# Unit Price Ext. Price
- - - - - - - - - - - -- --------
1 Panasonic Toughbook 52 - Core 2 Duo P8400. 1 713121~ $1 ,71eJ.hH .';'1.., 718. h'
1 Panasonic Protection Plus insurance 3. 47071:1 S259 3.1 ........1:::0' ,j
.j~;:):;;:r
- ------------------------ ----------------.-.
------------------------- --------------------
buD TotGd
Shippi~g
'.;rand TaL'll
:~ J , 'j CI 8 (.
$:2 2. r: j
,QOU
If you have any questions or changes to this quote request, please call d CDW'G a(' "'lint.:
manager at 800.808.4239, e-mail us at cdwgsales@web.cdwg.com 'Jr ~impl:r' .LppL" lU thj
message.
TO VJEW YOUR QUOTE ONLINE
Log on to your extranet and click "Quotes" trl \'iew ~he ~tdtus of ~'OU1' reque~~
Learn more about :,.:our extranet at:
http://www.cdwg.comjpersonalservice
KEEP IN TOUCH
Stay on top of our ver/ best otfers ~\lith a subs('J lpt::i'_'D t, C'~I\,\i,,:::; E-Mail T__~Ddat.-
e-mail. newsletter.
2ign up at. ht:tp: ,W'.A,'W. cdwg. corn/ emai
e'll' ,,'t:'ek 1...
CDI/J Go"ernment, TIlL'
The Rl'Jh t Technoloqy. Ri ght Away I tnl'
Corporate Headquarters:
230 North MilwAukee Avenue
Vernon HiJ.ls, lllinois (;0061
800.808.4239
PHONE HOURS:
Iv] F: "7am 7pm CT
Sat: 9am- 5pm CT
Sun: Closed
All information subject to CDW.G's terms and policies.
Jr more details, contact a CDW.G account manager or go to http://www.cdwg.com/terms
2
In sign!
I' I,! lJ !II ~-' i It) i '
'I, -c, J:!th !1dr
-"'n!f-''=' k'-,i!!J~'::'i-'
r'':ei dUil",,?.'. ..'t'
~~ :::
SOLD-TO PARTY
City of Boynton Beach
Public Safety Account
1UO E BOYNTON BEACH BLVD
BOYNTON BEACH. FL 33435.3838
Quotation
Quotation Number Creation Date
211464634 07/23/2009
PO Number / Date
SHIP-TO ADDRESS
City of Boynton Beach
Public Safety Account
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435 3838
Customer No.
Sales Rep
10232267
BRIAN MAYER
Email
Telephone
hmayer(Q?inslght.com
800-543-2437
Dear Doug Solomon,
Thank you for considering Insight to be your trusted partners In addressing your evolving IT needs. We appreciate being
considered as your solution source and look forvvard to making IT 'vvork for you
We deliver accordinQ to the followinQ terms:
Terms of Payment Net 30 days
Ship Via Insight Assigned Carrier I Ground
Terms of Delivery FOB DESTINATION
Currency USD
Material Description Qty llnitPricc Extended Price
CF-S2GGNBX2M Panasonic TBS2 - Vista COA Intel Core 2 Duo I I.S7S.00 1,575.00
P8400 2.26GHz (Centrin02 vPRO), 15.4 WXGA.
160GB, 2GB. WinXP, Intel WiFi a/b/g/n,
Multi-drive. No Bluetooth, 6cell Battery, No
modem, No IEEE1394, Toughbook Preferred
U.S. COMMUNITIES IT PRODUCTS. SERVIrES & SOU'TIONSI f'
RQ09-997736-428 I
CF-SVCLTNF3Y Panasonic Protection Plus -Insurance - parts 2J(J.(IO 210,1111
and labor - 3 years
IIX COMMUNITIES IT PRODl1CTS, SERVIl'FS & sur I:TI()~SI "
RQ09-997736-42R I
CONTACT PHONE. ',,1-742-,,1"1
CONTACT EMAIL.SOIOMONDra.l.II.HlYNT..N-llI.\C1.II-L 1
CONTACT EMAlL. \
CllNT.\l'T NAME. [), 11 il.; SULlIIW ,"
Sub Total
Tax
1,785.00
0.00
TOTAL
1,785.00
Please contact us with any questions or for additional information about Insight Public Sector SLED's complete
IT solution offering. Again. thank you for considering Insight Public Sector SLED!
Sincerely,
Paqe 1 of 2
Insight
Quotation Number I Creation Date
211464634 107/23/2009
SECTOR
Material
Description
Qty
UnitPrice Extended Price
BRIAN MAYER
800-543-2437
bmayer@insight.com
Fax: 863-678-3204
U.S. Communities IT Products, Services and Solutions Contract No.
RQ09-997736-42B
Insight Public Sector (IPS) is proud to be a contract holder for the
U.S. Communities Technology Products and Technology Services/Solutions
Contract
This competitively solicited contract is available to participating
agencies of the U.S. Communities Government Purchasing Alliance. U.S.
Communities assists local and state government agencies. school
districts (K-12), higher education. and nonprofits in reducing the cost
of purchased goods by pooling the purchasing power of public agencies
nationwide. This is an optional use program with no minimum volume
requirements and no cost to agencies to participate.
In order for Insight to accept Purchase Orders against this contract and
honor the prices on this quote, your agency must be registered with U.S.
Communities. Our sales teams would be happy to assist you with your
registration. Please contact them for assistance -- the registration
rocess lasts less than five minutes.
Thanks for choosing Insight!
Subject to IPS Terms and Conditions online at https:llwww.ips.insight.com/pagesl1egal.web
Page 2 of 2
err
VI.-CONSENT AGENDA
ITEM C.!
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Office Turned in to Lee:al Turned in to Procurement
Dates
0 September 1, 2009 August 17, 2009 August 12, 2009 August 10, 2009
[8J September 15, 2009 August 31, 2009 August 26, 2009 August 24, 2009
0
0
0 Annou ncements/Presentations 0 City Managers Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Staff recommends a re-adoption of Resolution R09-11O, which was originally adopted
by the City Commission on August 4th, 2009, to amend the City of Boynton Beach's Local Housing Assistance
Plan [LHAP] to include the addition of the City of Boynton Beach's Florida Homebuyer Opportunity Program.
The regulating agency for the State Housing Initiatives Partnership [SHIP] Program, Florida Housing Finance
Corporation, has requested this change in the language to reflect the recapture provisions of loan funds.
EXPLANATION: This change results from the fact that the Florida Housing Finance Corporation revised
its interpretation of its recapture requirements to bring them in line with FHA standards.
PROGRAM IMPACT: Under the revised interpretation, if the City of Boynton Beach receives repayment from
the homebuyer within 18 months after the closing date of the loan the City will waive all interest charges. A
homebuyer who fails to fully repay the loan within 18 months will be subject to repayment terms of the
principal and 10% of the original loan amount A lien will be placed on the property for the term of the first
mortgage. Payment is due in full should the homeowner fail to occupy the home as their primary residence,
transfer title, or rent the property. All funds repaid to the City will be considered "program income" as defined
in s. 420.9071 (24).
FISCAL IMPACT: The principal balance of the loans provided must not exceed 10% of the purchase price or
$8,000, whichever is less. Therefore, depending upon collections, the City could expect to receive
approximately $54,487.
AL TERNA TIVES:
Not to accept this funding from the State.
J2lre- Q-
City Manager's Sig~
Assistant to City Manager
c;::)~~
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance
S:\Community Improvement\Agenda Requests\Agenda2009\CC 0915 FHOP Reso.doc
j "
AMENDED RESOLUTION R09- 11()"
2
3
4
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
ASSISTANCE PLAN (LHAP) TO INCLUDE THE
ADDITON OF THE CITY OF BOYNTON EBACH
HOMEBUYER OPPORTUNITY PROGRAM (FHOP)
STRAEGY; PROVIDING AN EFFECTIVE DATE.
5
6
7
8
9
10
II
12
13
14
WHEREAS, the City of Boynton Beach Homebuyer Opportunity Program IS
] 5
designed in response to the legislative provisions requiring SHIP local governments to
16
expend 2009-2010 funds to ensure that residents of the state derive the maximum possible
17
economic benefit from the federal first time home buyer tax credit; and
18
WHEREAS, upon the recommendation of statI, the City Commission deems it to
19
be in the best interests of thc citizens and residents of the City of Boynton Beach to amcnd
20
the City' s State Housing Initiatives Partnership Program Local Housing Assistance Plan to
21
include the addition of the City of Boynton Beach Homebuyer Opportunity Program
22
strategy.
0'
_0
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section I.
The foregoing "Whereas" clauses are true and correct and are hereby
26 ratified and confirmed by the City Commission.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida. hercbv
28 amends the City's State Housing Initiatives Partnership Program Local Housing Assistance
29 Plan to include the addition of the City of Boynton Bcach Homebuyer Opportunity Program
SICA\RESO\SHfP Housing Plan amend for FJ I( lP Ulmelldmenl),duL-
strategy, a copy of which is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this _ day of September, 2009.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor - Jerry Taylor
9
10
II Vice Mayor - Woodrow 1. Hay
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Jose Rodriguez
18
19
20 Commissioner - Marlene Ross
21
22 ATTEST:
23
24
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (Corporate Seal)
33
34
35 *This amendment is to provisions of the City of Boynton Beach's HomebuyerOpportunity Program
36 Strategy discussed in the original Resolution to reflect changes requested by the Florida Housing
37 Finance Corporation
S:\CA\RESO\SHIP Housing Plan amend for FHOP (amendment).doc
LHAP HOUSING STRATEG\
For 2009-201 ()
NOTE: This is a generic strategy that can be used hy all local governments It has heen pre..app,-nl'cd h1'
the SHIP review committee. Jfyou make revisions to th,s strategy w/uch arc beyond tcchlllc,,! in nutl/!'e. /I
must he suhmitted to FHFC for approval.
Name of the Strategy: City of Boynton Beach Homebuyer Opportunity Program (FHOP)
a. Summary ofthe Strategy:
This strategy is designed in response to the legislative proviso requiring SHIP local
governments to expend 2009-2010 funds to ensure that residents of the state derive the
maximum possible economic benefit from the federal first time homebuyer tax credit
created through The American Recovery and Reinvestment Act of 2009 by providing
subordinate down payment assistance loans to first time homebuyers for owner
occupied primary residences that can be repaid by the income tax refund the
homebuyer is entitled to under the First Time Homebuyer Credit. The state program shall
be called the "Florida Homebuyer Opportunity Program" Eligible properties include
newly constructed and existing homes. Mobile homes and rental units are not eligible for
assistance.
b. Fiscal Years Covered:
2009/2010 until expiration of the Florida Homebuyer Opportunity Program Tax Credit
c. Income Categories to be served:
Applicants whose income does not exceed $75.000 for single taxpayers or $150,000 for
joint filers. There is no requirement to reserve 30 percent of the funds for awards to very
low-income persons or 30 percent of the funds for awards to low-income persons: and
there is no requirement to expend 75% of funds for construction. rehabilitation 0'
emergency repair.
d. Maximum award:
The principal balance of the loans provided shall not exceed 10% of the purchase price
or $8,000, whichever is less.
e. Terms, Recapture and Default:
If the City of Boynton Beach receives repayment from the home buyer within 18 months
after the closing date of the loan the City shall waive all interest charges. A home buyer
who fails to fully repay the loan within 18 months shall be subject to repayment terms of
the principal and 10% of the original loon amount.
A lien will be placed on the property for the term of the first mortgage. Payment is due
in full should the homeowner fail to occupy the home as their primary residence, transfer
title, or rent the property.
All funds repaid to the City shall be considered "program income" as defined in s.
420.9071 (24).
f. Recipient Selection Criteria:
Recipients must meet the requirements ot the tollowing: The maximum income limit snali
be Adjusted Gross Income of $75.000 for single taxpayer households or $150.000 for joint-
filing taxpayer households, which is equal to that permitted by the American Recovery
and Reinvestment Act of 2009.
S \Community Improvement\SHIP\2009\FHOP-Chonges.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l
Requested City Date Final Form Must be Date Final Form Must
Commission Meetina Turned in to Citv Clerk's be Turned in to ~
Dates
Jul 7, 2009 June 15, 2009 June 10, 2009
21. 2009 Jul 6,2009 Jul 1.2009
ust 4, 2009 Jul Jul 15,2009
ust 18. 2009 Au Jul 29,2009
Date Final Form Must be
Tumed in to Procurement
June 8, 2009
June 29. 2009
Jul 13. 2009
Jul 27,2009
Announcements/Presentations
Administrative
Consent A enda
Code Compliance 8. Legai
Settlements
o Public Hearin
RECOMMENDATION: Staff recommends Commission approval by Resolution R09-_ amending the
City of Boynton Beach's State Housing Inifiatives Partnership (SHIP) Program Local Housing Assistance
Plan (LHAP) to include the addition of the City of Boynton Beach Homebuyer Opportunity Program
(FHOP) strategy.
EXPLANATION: This strategy is designed in response to the legislative praviso requiring SHIP local
governments to expend 2009-2010 funds to ensure that residents ot the state derive the maximum
possible economic benefit from the federal first time homebuyer tax credit. This program, created
through The American Recovery and Reinvestment Act of 2009, provides subordinate down payment
assistance loans to first time homebuyers for owner occupied primary residences that can be repaid
with the income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. Eligible
properties include newly constructed and existing homes. Mobile homes and rental units are not eligible
for assistance.
.,.,
m
NATURE OF
AGENDA ITEM
;'
?3~
~%
:.no
Unfinished Business
::J:
<a
~
PROGRAM IMPACT: If the City of Boynton Beach receives repayment from the homebuyer
within 18 monfhs after the closing date of the loan the City shall waive all interest charges. A homebuyer
who fails to fully repay the loan within 18 months but no later than 36 months shall be subject to
repayment terms of 10% of the original loan amount. A homebuyer who fails to fully repay the loan with
36 months shall be subject to default and the loan shall be called with 011 principal and interest due and
payable.
FISCAL IMPACT: The principal balance of the loans provided shall not exceed 10% of the
purchase price or $8.000, whichever is less. Depending upon collections. the City could expect
approximately $54.487. , }
ERNATIVES' Not to accept this funding from the State. y~
De t Hea 's Signature City Man~ature
As~ant to_City Manager ~
Department of Development .-::::. ~
Community Improvement Division
Department Name City Attomey / Finance
S:\Community Improvement\Agenda Requests\2009\CC 0804 FHO? Strategy. doc
RESOLUTION R09- 110
c
3
el
"
6
7
S
9
10
"
Ic
1J
lel WHEREAS, the City of Boynton Beach l'lomebuyer OppOrlllJ1l1\ Program lS
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM LOCAL HOliSING
ASSISTANCE PLAN (LHAP) TO INCLUDE THE
ADDlTON OF THE CITY OF BOYNTON EBACH
HOMEBUYER OPPORTUNITY PROGRAM (FHOP)
STRAEGY; PROVIDING AN EFFECTIVE DATE.
15 designed In response to the legislativ.: provisions requiring SHIP local governments to
] 6 expend 2009-20 I 0 funds to ensure th;}t residents of the state dcrl\ C the nl.:i,..:unUrn pu~slhk
/7 ,economic benefit from the federal first lIme home buyer tax credit: and
18 WHEREAS, upon the recommendation of statT. the City Commission deems it to
19 , be in the best interests of the citizens and residents of the City of Boynton Beach to amend
cO the City'S Stale Housing Initiatives Partnership Program Local Housing Assistance Plan tu
21 include the addition of the City of Boynton Beach Homebuyer OppO!1unit\ Prugram
I, ! strategy.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
cel THE CITY OF BOYNTON BEACH, FLORIDA, THA T:
2'"
Section I.
The foregoing "Whereas" clauses arc true and correct and :He herehv
26 ratified and confirmed by the Cil) Commission,
:..;
Section 2.
The City Commission of the City of Boynton Beach. Florida. hereh\
,0
~o
amends the City's State Housing initiatives Partnership Program Local Housing AssIStance
2~
Plan to include the addition of the Cil' of Boynlon Beach llomebuycr Oppor1Ul1lt.l Program
..., ,( ^,j{!:')( l\SHIP HOUSing Plan clmcnJ j(lr I'J (( 'I' dill'
strategy.
Section 3. This Resolution shall become effective immediately upon passage.
1:h.
PASSED AND ADOPTED this ~L day of August. 2009.
1
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4
5
6
7
8
9
10
II
11
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14
15
16
17
18
19
10
21
" . i ATTEST:
23
14
]5
26 I /' ., -( ( '." '
17[ (Fanet M. Prainito,CMC
18 . City Clerk
19
30
3'
32
(Corporate Seal)
33
s 'rA ,KESO\."l-Hl-' Housing Plan amC"nd /i./r H~OP dol'
CITY OF BOYNTON BEACH. FLORIDA
,
M~yo~~~:h ~;y/~ ..
/'.,;' r;- /' /~. . (
I /'-r"'2'/ ~//.? . /. . ::?<~<. '.
/ ", . . ,.. ...J~ j
Vice Mayor- Woodrow L. ~~"--'
,,/
//.
("""-..::..,....
CommigSioner - Ronald Weiland
C---. -.___.
)
CornmissioJ;ler - ~ose ~e~'
, /b/./ ./
/ . /, (....?/' ,P'
.' /' _./ . t" ,L _6 ~ ....J,.. .- ~.,; ._~-'
.-L-- - - ~- /- ~/ f
Commissioner - Marlene Ross
LHAP HOUSING STRATEGY
Fur 2009-2010
NOTE.- Th,S is a generic strategy that call be used by all local govemmel1ls 11 has heen :""
approved by the SHIP review commiUee, if you make revisions 10 this slralegy which are I,C\, 'lid
technical in nature. it must be submiUed 10 FHFC for approval.
Name of the Strategy: City of Boynton Beach Homebuyer Opportunity Program (FHOPl
a, Summary ofthe Strategy:
This strategy is designed in response to the legislative proviso requiring SHIP
local governments to expend 2009-2010 funds to ensure that residents of the
state derive the maximum possible economic benefit from the federal first time
home buyer tax credit created through The American Recovery and
Reinvestment Act of 2009 by providing subordinate down payment assistance
loans to first time homebuyers for owner occupied primary residences that cor,
be repaid by the income tax refund the homebuyer is entitled to under the First
Time Homebuyer Credit. The state program shall be called the "Floridc
Homebuyer Opportunity Program." Eligible properties include newly
constructed and existing homes, Mobile homes and rental units are not eligible
for assistance.
b. fiscal Years Covered:
2009/2010 until expiration of the Florida Homebuyer Opportunity Program Tax
Credit.
c. Income Categories to be served:
Applicants whose income does not exceed $75,000 for single taxpayers, or
$150,000 for joint filers. There is no requirement to reserve 30 percent of the
funds for awards to very low-income persons or 30 percent of the funds for
awards to low-income persons; and there is no requirement to expend 75% of
funds for construction. rehabilitation or emergency repair.
d, Maximum award:
The principal balance of the loans provided shall not exceed 10% of the
purchase price or $8.000. whichever is less.
e. Terms, Recapture and Default:
If the City of Boynton Beach receives repayment from the homebuyer within 18
months after the closing date of the loan the City shall waive all interest
charges. A homebuyer who fails to fully repay the loan within 18 months but nc
later than 36 months shall be subject to repayment terms of 10% of the original
loan amount. A homebuyer who fails to fully repay the loan within 36 montns
shall be subject to default and the loan shall be called w',th all principal and
interest due and payable. All funds repaid to the City shall be considereci
"program income" as defined in s. 420.9071 (241.
f. Recipient Selection Criteria:
Recipients must meet the requirements of the following: The maximum income
limit shall be Adjusted Gross Income of $75,000 for single taxpayer households
or $150,000 for joint-filing taxpayer households. which is equal to that permitted
by the American Recovery and Reinvestment Act of 2009.
S:\ Community 'mprove ment\S H I P\2009 \ FHOP. doc
lilr:JAiltiatives Partnership Program (SHIP)
'Technical Bulletin
2009-01
ii:",,;,'.:
orida Homebuyer Opportunity Program
I'lL :':'
. slative session, the Florida Homebuyer Opportunity Program was
J:Ilillion statewide) is detailed in the budget implementing bill (see
'iwlllcnwilnJe disfri1Juted through and operated under the SHIP
ndiJ;J.gbe used to provide up to $8,000 in purchase assistance to
~,toreceive the federal first-time homebuyer tax credit created
R~qovery and Rejnvestment Act of 2009. The assistance shall be
~~:thElAPplicant when they receive their federal tax refund. This will be
e:~~~ElsEl funds as long as the homebuyer tax credit is available. The
~a,H~pl~ after July 1, 2009 pending the bill being signed by the Governor
':n~a,ry~tamp Collections.
:'~~:fl!~mented under a new strategy to be adopted within the local
~aI1CfHAP). Florida Housing (FHFC) is providing a generic strategy
'ou~u-~r' This strategy is pre-approved by Florida Housing's SHIP Review
'lr~:nomrther action with FHFC if adopted as is. If you make changes to
. bmitthechanges for review and approval.
'Onstothe SHIP statute andlor rule that apply to this program
q?WEllimitshall be Adjusted Gross Income of $75,000 for single taxpayer
0';900 for joint-filing taxpayer households.
,~~nt to ,reserve 30 percent of the funds for awards to very-low-income
~R!}l\lt~fthefunds for awards to low-income persons; and
. . "rne:nt to expend 75% of funds for construction, rehabilitation or
FIQriatHouSJng
::- < f1 ,,<, II C <> r F '" < 0 r , OJ ",
we moke ho,,,ing offordoble
~- ')
VI.-CONSENT AGENDA
ITEM C.2
(((
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Fonn Must be Date Final Form Must be
Commission Meeting: Turned in to City Clerk's Turned in to Le~al Tumed in to Procurement
Dates Office
II Sootember 1. 2009 August 1 7. 2009 Au""st 12, 2009 Au""st 10. 2009
\4-
D8tt Sootember1l/l. 2009 August 31. 2009 August 26. 2009 August 24. 2009
0
U
NATURE OF
AGENDA ITEM
Public Hearin
Announcements/Presentations
ort
RECOMMENDATION: Motion to approve Resolution No. R09-_ to authorize application and agreement for Library
State Aid Grant.
EXPLANATION: The State requires that each year, the City Commission authorize the Grant Application and Agreement
for Library State Aid. Final grant award is based on FY2007-2008 City of Boynton Beach funds expended for Library
Services ($2,216,068). Final grant award, which is estimated to be $52,119, will be announced in February 2010 and is based
on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida.
PROGRAM IMPACT: Approval will qualify the Library to receive a State Aid Grant whicb is an incentive program
designed to encourage communities to provide adequate local funding to support library service.
FISCAL IMPACT: State Aid Grants are operational grants that bring additional library resources to the community.
Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the
higher the grant amounts.
AL TERNA TIVES: Do not approve and eliminate the Library from the State Aid Grant Program.
~,",""--'
LIBRARY
Department Name
City Attorney / Finance
9S:~ Wd 92 8rW 60
"'31'dfJ S,'IH.1313HJ?,
,3--,;),: .,'....'..4-' ctt~ ~l1-J.,,~t..)
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S.\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.OOC
RESOLFnON NO. R 09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING EXECUTION OF THE LIBRARY
6 STATE AID GRANT APPLICATION AND AGREEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND
8 FLORIDA DEPARTMENT OF STATE, DIVISION OF
9 LIBRARY AND INFORMATION SERVICES; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the
14 Grant Application and Agreement for Library State Aid each year; and
15 WHEREAS, upon recommendation of staff, the City Commission has determined
16 that it is in the best interests of the residents of the City to authorize execution of the Llbrary
17 State Aid Grant Application and Agreement with the Florida Department of State. Division
18 of Library and Information Services.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
The foregoing "Whereas" clauses arc hcreby ratified and confirmed as
21
Section L
22 being true and correct and are hereby made a specific part or this Resolution upon adoption
23 hereo f
24
Section 2.
The City Commission or the City of Boynton Beach. Florida does
25 hereby authorize execution of the Library State Aid lirant Application and Agreement with
26 Florida Department of State. Division of Library and lnt,)fmation Services. a copy of which is
27 attached hereto as Exhibit "A ".
28
Section 3.
This Resolution shall become etlcctive immediately UPO]] passage.
29
S \('A\!{t::SU\f\~n::ements\(;rallts\Lihral\' Stale Aid (inm12011'J,Joc
1 PASSED AND ADOPTED this _ day of September, 2009.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Woodrow L. Hay
10
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12 Commissioner - Ronald Weiland
13
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15 Commissioner - Jose Rodriguez
16
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18 Commissioner - Marlene Ross
19 ATTEST:
20
2t .
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (Corporate Seal)
27
S:\CA\RESO\Agreements\Grants\Library State Aid Grant 2009.doc
Florida Department of State, Division of Library and Information Services
STATE AID TO LIBRARIES GRANT AGREEMENT
The Applicant (Grantee) CITY OF BOYNTON BEACH
(Name of library governing body)
Governing body for BOYNTON BEACH CITY LIBRARY
(Name of library)
hereby makes application and certifies eligibility for receipt of grants authorized under
Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program.
I. The Grantee agrees to:
a. Expend all grant funds awarded and perform all acts in connection with this
agreement in full compliance with the terms and conditions of Chapter 257, Florida
Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will
not be used for lobbying the Legislature, the judicial branch, or any state agency.
b. Provide the Division of Library and Information Services (DIVISION) with statistical.
narrative, financial, and other reports as requested.
-- --- .---- - . -~. -.- --. - --
c. Not discriminate against any employee employed in the performance of this
agreement, or against any applicant for employment because of race, color,
religion, gender, national origin, age, handicap, or marital status. The Grantee
shall insert a similar provision in all subcontracts for services by this agreement
d. Retain all records for a period of 5 years from the date of submission of the final
project report. If any litigation. claim, negotiation, audit, or other action involving
the records has been started before the expiration of the 5 year period. the records
shall be retained until completion of the action and resolution of all issues which
arise from it, or until the end of the regular 5 year period, whichever is later.
e. In the event that the Grantee expends a total amount of state financial assistance
equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee
must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. In
determining the state financial assistance expended in its fiscal year, the Grantee
shall consider all sources of state financial assistance, including state financial
assistance received from the Department of State. other state agencies, and other
nonstate entities. State financial assistance does not include federal direct or
pass-through awards and resources received by a nonstate entity for federal
program matching requirements.
Page 1 of 5
State Aid to Libraries Grant Agreement
rh~ntpr 1 R-? 011 (2)(a), Florida Administrative Code. Effective xx-xx-xxxx
In connection with the audit requirements addressed in part e., paragraph 1, the
Grantee shall ensure that the audit complies with the requirements of Section
215.97(8), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
If the Grantee expends less than $500,000 in state financial assistance in its
fiscal year, an audit conducted in accordance with the provisions of Section
215.97. Florida Statutes, is not required. In the event that the grantee expends
less than $500,000 in state financial assistance in its fiscal year and elects to have
an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes. the cost of the audit must be paid from the nonstate entity's resources
(i.e., the cost of such an audit must be paid from the grantee's resources
obtained from other than State entities).
Information related to the requirements of Section 215.97, Florida Statutes, (the
Florida Single Audit Act) and related documents may be found at
httos:llaoos.fldfs.com/fsaa/.
Copies of financial reporting packages required by this agreement shall be
submitted-by..or..on-be!laJf-oUhe--Gral'ltee-directly- t~ach.oUhe-fQIlQwil'lg~
A. The Department of State at the following addresses:
Office of Inspector General
Florida Department of State
Clifton Building, Suite 320
2661 Executive Center Circle
Tallahassee, FL 32399-0250
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
f. Identify an individual or position with the authority to make minor modifications to
the application. if necessary, prior to execution of the agreement.
II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in consideration of
the Grantee's performance hereinunder, and contingent upon an annual
appropriation by the Legislature. In the event that the state funds on which this
agreement is dependent are withdrawn. this agreement is terminated and the
DIVISION has no further liability to the Grantee beyond that already incurred by
State Aid to Libraries Grant Agreement
Chapter 18-2.011 (2)(a), Florida Administrative Code. Effective xx-xx-xxxx
Page 2 of 5
the termination date. In the event of a state revenue shortfall, grants shall be
reduced in accordance with Section 257.195, Florida Statutes.
b. Notify the grantee of the grant award after review and approval of required
documents. The grant amount shall be calculated in accordance with Chapter
257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program
c. Distribute grant funds in two payments. The first payment will be requested by the
DIVISION from the Chief Financial Officer upon execution of the agreement The
remaining payment will be made by June 30.
III. The Grantee and the DIVISION mutually agree that:
a. This instrument embodies the whole agreement of the parties. There are no
provisions, terms, conditions. or obligations other than those contained herein; and
this agreement shall supersede all previous communications, representation. or
agreements either verbal or written, between the parties. No amendment shall be
effective unless reduced in writing and signed by the parties.
b. The agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws
and rules oHhe.State of Florida: Each party shall perform its obligations
hereunder in accordance with the terms and conditions of this agreement.
c. If any term or provision of the agreement is found to be illegal and unenforceable,
the remainder of the agreement shall remain in full force and effect and such term
or provision shall be deemed stricken. If any matter arising out of this Contract
becomes the subject of litigation, venue shall be in Leon County.
d. No delay or omission to exercise any right, power. or remedy accruing to either
party upon breach or default by either party under this Agreement shall impair any
such right, power, or remedy of either party; nor shall such delay or omission be
construed as a waiver of any such breach or default, or any similar breach or
default.
e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to
allow public access to all documents or other materials subject to the provisions of
Chapter 119, Florida Statutes.
f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION
shall not be liable to pay attorney fees, interest, or cost of collection.
g. The DIVISION shall not assume any liability for the acts, omissions to act or
negligence of the Grantee, its agents, servants, or employees; nor shall the
Grantee exclude liability for its own acts. omissions to act, or negligence to the
DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury
or property damage resulting from any activities conducted by the Grantee.
h. The Grantee, other than a Grantee which is the State or agency or subdivision of
the State, agrees to indemnify and hold the DIVISION harmless from and against
any and all claims or demands for damages of any nature, including but not limited
Page 3 of 5
State Aid to Libraries Grant Agreement
Chapter 18-2.011 (2)(a), Florida Administrative Code, Effective xx-xx-xxxx
to personal injury, death, or damage to property, arising out of any activities
performed under this agreement and shall investigate all claims at its own
expense.
i. Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into a
contractual relationship.
j. The Grantee, its officers, agents, and employees, in performance of this
agreement, shall act in the capacity of an independent contractor and not as an
officer, employee, or agent of the DIVISION. Under this agreement, Grantee is not
entitled to accrue any benefits of state employment, including retirement benefits
and any other rights or privileges connected with employment in the State Career
Service. Grantee agrees to take such steps as may be necessary to ensure that
each subcontractor of the Grantee will be deemed to be an independent contractor
and will not be considered or permitted to be an agent, servant, joint venturer, or
partner of the DIVISION.
k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties,
or obligations under this agreement without the prior written consent of the
DIVISION, whose consent shall not unreasonably be withheld. The agreement
transfaree--musUlemonstrate-compliance--with-tl:1e requirements-Of- the..program. If
the DIVISION approves a transfer of the Grantee's obligations, the Grantee
remains responsible for all work performed and all expenses incurred in
connection with the Agreement. In the event the Legislature transfers the rights,
duties, or obligations of the Department to another governmental entity pursuant to
Section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations
under this agreement shall also be transferred to the successor government entity
as if it were an original party to the agreement.
I. This agreement shall bind the successors, assigns, and legal representatives of
the Grantee and of any legal entity that succeeds to the obligation of the
DIVISION.
m. This agreement shall be terminated by the DIVISION because of failure of the
Grantee to fulfill its obligations under the agreement in a timely and satisfactory
manner unless the Grantee demonstrates good cause as to why it cannot fulfill its
obligations. Satisfaction of obligations by Grantee shall be determined by the
DIVISION, based on the terms and conditions imposed on the Grantee in
paragraphs I and III of this agreement and guidelines for the State Aid to Libraries
Grant Program. The DIVISION shall provide Grantee a written notice of default
letter. Grantee shall have 15 calendar days to cure the default. If the default is not
cured by Grantee within the stated period, the DIVISION shall terminate this
agreement, unless the Grantee demonstrates good cause as to why it cannot cure
the default within the prescribed time period. For purposes of this agreement,
"good cause" is defined as circumstances beyond the Grantee's control. Notice
shall be sufficient if it is delivered to the party personally or mailed to its specified
address. In the event of termination of this agreement, the Grantee will be
Page 4 of 5
State Aid to Libraries Grant Agreement
Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx
compensated for any work satisfactorily completed prior to notification of
termination.
n. Unless there is a change of address. any notice required by this agreement shall
be delivered to the Division of Library and Information Services, 500 South
Bronough Street, Tallahassee, Florida 32399-0250. for the State and, for the
Grantee, to its single library administrative unit. In the event of a change of
address, it is the obligation of the moving party to notify the other party in writing of
the change of address.
IV. The term of this agreement will commence on the date of execution of the grant
agreement.
THE APPLICANT/GRANTEE
THE DIVISION
Chair of Governing Body or
Chief Executive Officer
Florida Department of State
Division of Library and Information Services
Jerrv Taylor. Mayor
Typed Name
Typed Name
September 15. 2009
Date
Date
Clerk or Chief Financial Officer
Division Witness
Janet Prainito. City Clerk
Typed Name and Title of Official
Date
September 15. 2009
Date
Page 5 of 5
State Aid to Libraries Grant Agreement
r-h~n'o, 1 ",_? n11{?\(~\ Flnrirl~ Administrative Code, Effective xx-xx-xxxx
. .
.\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI,-CONSENT AGENDA
ITEM C.3
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Office Turned in to Leli!al Turned in to Procurement
Dates
n September 1. 2009 August 17, 2009 August 12, 2009 August 10, 2009
rxI September 1S, 2009 August 31, 2009 August 26, 2009 August 24, 2009
0
0
n An nouncements/Presentations 0 City Manager's Report
NATURE OF n Administrative 0 New Business
AGENDA .rEM [gJ Consent Agenda 0 legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Staff recommends that Commission approve the adoption of Resolution R09_
allowing the subordination of the City Of Boynton Beach mortgage for Wendell Warren, residing at 2071 N.W.
20d Street, Boynton Beach.
EXPLANATION: Subordination is, by definition, the acceptance by a lender in first position on a
mortgage, of new charges, claims or mortgages on a given property. In subordination the or/ginallender looses
its first, or priority, position on the property and becomes subordinate to the new charge, claim or mortgage. In
this case, Ms. Warren purchased a home through the SHIP program in 2005. Since that time the loss of her job
caused a financial hardship. Now that she has permanent employment, her f/rst mortgage lender has agreed to
modify her loan whereby her interest rate will be lowered from 5.50% to 4.625%, with no cash out, provided
the City takes a subordinate position on its SHIP loan.
PROGRAM IMPACT: The subordination would serve to avoid having another abandoned and foreclosed
property in the community.
FISCAL IMPACT: The City would still maintain its initial SHIP investment in the project of $26,600 plus the
value of the land, for a total investment of $51,000.00.
ALTERNATIVES:
foreclosure on h
Not to subordinate the mortgage.
operty in the near future.
Shoold J"""' M,. W",," 'OOId 1m
_ ~A..P '- .
City Manager's SignatQ~}
Assistant to City Manager ~
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance
S:\Community fmprovement\Agenda Requests\Agenda2009\CC 0915 WarrrenSubordination.doc
1 RESOLVTlON NO. R Ul)-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE SUBORDINATION OF THE CITY'S
6 MORTGAGE WITH WENDELL WARREN IN FAVOR
7 OF NA TIONAL CITY MORTGAGE CO;
8 AUTHORIZING THE CITY MANAGER TO EXECUTE
9 THE SUBORDINATION AGREEMENT BY THE CITY
10 OF BOYNTON BEACH IN FAVOR OF NATIONAL
11 CITY MORTGAGE CO; AND PROVIDING ~N
12 EFFECTIVE DATE.
13
14 WHEREAS, upon recommendation of stall. the City Commission has determined
15 that it is in the best interests of the residents of the City to execute a Subordination
16 Agreement in favor of National City Mortgage Co., for Wendell Warren,
17 " NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof
22
Section 2.
The City Commission of the City of Boynton Beach, Florida does
23 hereby approve the request for subordination of the City" s Mortgages amI authorize the City
24 Manager to execute the Subordination Agreement f(,r Wendell Warren in favor of National
25 City Mortgage Co., a copy of which is attached hereto as Exhibit "A".
26
27
Section 3.
This Resolution shall become effccllve immediately upon passage
1
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3
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9
10
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!I
PASSED AND ADOPTED this _ day of September, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow 1. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
30
31
(City Seal)
This Instrument Prepared by and Return to
JAMES A. CHEROF
GOREN, CHEROF, DOODY AND EZROL, PA
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (the "Agreement") is made this day of
, 2009 by the City of Boynton Beach, a Florida municipal corporation, whose address
is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435 (hereinafter the "CITY") in
favor of NA TIONAL CITY MORTGAGE CO., a subsidiary of National City Bank, whose address
is 3232 Newmark Drive, Miamisburg, Ohio 45342 (hereinafter "NATIONAL CITY").
WITNESSETH
WHEREAS, the CITY is the owner and holder of a certain Promissory Note in the
original principal amount of Fifty-one Thousand Six Hundred and 00/1 00 Dollars
($51,600.00). executed by Wendell Warren, a single woman (the "Mortgagor"), dated August
10, 2005, which note is secured by that certain Mortgage of even date and recorded on
August 15, 2005 in Official Records Book 19081, Page 1321 of the Public Records of Palm
Beach County, Florida (the "City MOligage"); and
WHEREAS, Mortgagor is the ovmer in fee simple of the following described real
property (the "Property"), which Property is encumbered by the City Mortgage:
Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADD1TJ()N, according
to the Plat thereof on file in the Office of the Clerk of the Cireuil Court in
andfor Palm Beach County. Florida. recorded in Plat Book 24, Page 223
through 226
WHEREAS. NATIONAL CITY has agreed to make a mortgage loan to the
Mortgagor in the amount of $93,638.51, secured by a mortgage encumbering the Property
(hereinafter the "New Mortgage"), provided that the City's Mortgage is subordinated to the
New Mortgage;
THEREFORE. in consideration of the sum ofTen Dollars and oonoo ($10.001 and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the CITY hereby represents, covenants and agrees as follows:
] . That the foregoing recitals are true and correct and incorporated herein as if
set forth in full.
2. That the City's Mortgage has not been assigned, pledged or transferred in any
manner whatsoever other than as set forth above.
3. That the City's Mortgage is and shall be subject, subordinate, junior and
inferior to the New Mortgage given by Mortgagor to NATIONAL CITY dated
and recorded in Official Records Book , Page
of the Public Records of Palm Beach County, Florida. The City's
Mortgage is only subordinate to the first $93,638.51 of NATIONAL CITY'S
New Mortgage and is not subordinate to any addition or future advances
which may be made under the New Mortgage.
4. That this Agreement shall bind and inure to the benefit of the parties hereto,
their respective heirs, successors and/or assigns.
IN WITNESS WHEREOF the undersigned has duly executed this Agreement on
,2009.
Signed, sealed and delivered
CITY OF BOYNTON BEACH
Kurt Bressner
City Manager
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on this day of
, 2009 by , as
of the City of Boynton Beach, who is either personally known to me or has produced a
Florida Driver's License as identification.
NOT AR Y PUBLIC
My Commission Expires:
20f2
The City of Boynton Beach
COMMUNITY IMPROVEMENT DIVISION
100 E. Boynton Bead I Bouievdrcf
P.O. Box 310
Boynton Beach, Aorida 33425-03HJ
TEL: 561.742-606fi
FAX: 561 742-(;08Q
www.boynton-beach.Drq
June 8, 2009
National City Mortgage
Loss Mitigation Department
3232 Newmark Drive
Miamisburg, Ohio
Attn: Amanda Schaaf, Loss Mitigating Department
Re: Wendell Warren
Dear Ms Schaaf:
This office is in receipt of your request for subordination of the City of Boynton Beach's loan for the
mutual customer referenced above. A review of the documentation provided indicates that Ms
Warren will not receive any cash-out with the following changes:
Interest rate of 5.50% to 4.625%
Principal balance of $77,375.89 to $90,266.06
Terms 360 months (2005) to 360 months
P & I $454.24 to 464.09
This is a modification agreement to bring her account current. Based on the information you have
provided, this division has determined it will recommend the subordination agreement to the City
Attorney's Office.
If the City Attorney's Office agrees with our decision, a subordination agreement will be prepared
and forwarded to this office. Upon receipt of the subordination agreement, please provide us with
a HUD-I, a copy of the title commitment showing the City's loan to be subordinated, and copies of
the first note and mortgage prior to closing before the subordination has been recorded.
Should you have any questions regarding this matter please do not hesitate to contact this office at
(561) 742-6066.
Sincerely, ..
.. ') l \ /) J j)
/~> ".J!. - L it1 /1 jJ '
Brenda Collnelius
Affordable Housing Administrator
Cc: City's Attorney
Wendell Warren
S:\Community Improvement\SlJbordination Requests\Warren. W.rloc
118/:=:lli2r'1I13 11 56 F,Ii,::: S~:i':jln4I1Si'
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FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT
Creaitor: NATIONAL CITY MORTGAGE CO.,
A SUBSIDIARY OF NATIONAL CITY BANK
3232 NEWMARK DRIVE
MIAMISBURG, OHIO 45342
Borrower(s) Name(a): WENDELL L WARREN
Loan Number' 0005009328
DaiS: OCTOBER 1, 2009
MaillnQ Addre55:
Property Address:
2071 NW 2ND ST, BOYNTON BEACH, FLORIDA 33435
2071 NW 2ND ST, BOYNTON BEACH, FLORIDA 33435
ANNUAL FINANCE Amount Total
PERCENTAGE RATE CHARGE Flnancad Paymellt$
the cost of your credit sa- Th& dollar amount the creoil The amount of credit The amount you have
a yearly rate. will cost you. provided to you or on paid after yO" have maoe
your behalf all payments as scheduled,
5.500 % $ 85,389.93 $ 93,638.51 $ 179,008.44
YOUR PAYMENT 8CHeDULE WILL BE:
Number of Amount of VVhen Payments Number of Amount of lIhlen Paymenls
Payments PBymenm, Are Due Payments Pilymellt'$ Are Due
Iolonthly DoglnnlntJ'
320 567.67 11/01/2009
1 $554.04 07/01/2036
C'a
~y
o YBrl8.ble. Hato Featul'9: Your loan contains a variable rate feature. Olacloel.lree about the variabla I'Bta feature halJQ been provided to you earlier.
Influli1lnctl: YOu n"lly obtain pl'Opel'ty Insurance from anyone you want that Is acceptil/:lle (0 Credilor.
S.cul'lry: You are giving Cl securlly lnlerest in the property being purchaaed or refinanced
Filing or Recording Feu: $
Ltt& Chargo: If a payment Is more ttla.n lS days late, you will be orn;rged 6.000 % at the payment
Prepayment: If you payoff early, you 0 may IXJ will not have to pay 8 penalty
o may lXI will not be entitletf to a renmQ' ofpBrt otlhe finance charga.
Al!IIl!IurttptfOrt: Someona b(Jying ~our property 0 may Ii may, subject to oonclitionE) 0 mElY not aUuMCl tM ramalnder of your loan on the
original terrt'15,
See your coniract documents for any additional informalion about nonpijlyrnent, default, .any re~uirQc:l repaymenL In full before the .5chedl.lled dale,
end prepayment refunel$. and penallies. All numerical disdosures except the late payment disclosure a~ e5tirntl'teG.
NOTE: The Payments shown 8Dove may include re6erve depoEiit$ for MortgagCl lnsuran~ (11 ap,:lllcable), but Ixdude Property Taxes and lnsumnce,
THE UNDER$I<)NED ACKNOIM.EDGES RECEIVING ACOMPLETED COPY OF THtS DtSCL.OSUR.,
WENDEll L WARREN
~AND# MODTIL Rev. 12-12~04
Exhibit #1
Ir'1VMtOf loan #
National City Mortgage Co. L.oan #
Due Date of La$t Paid InstaHment (DDLPI)
Jnterest rate of existing Mcrtgage
New modified interest rate
New modified loan tam (months)
SeNlefu feel {bps I
Effective date of Modification
DU8 date of first modified payment
Maturity date of existing Mortgage
New maturity date of modified mortgage
Existing unpaid principal balance
Additions to prIncipal balance.
Accrued interest to effective date (Estimate)
Escrow advance/due
Amount to fully refund escrow (Estimate)
Legal fees ana costs (Estimate)
Other fees and costs:
Modification Processing fee if capitalized:
Subtractions from principal bal::mce"
Less borrower's cash contribution
LeISs mongage Insurance contribution
L.ess Suspense Funds
Total capitalIZation amount
New Modified unpaid principal balance (Estimate)
New modified payment of pril1cipal and interest (Es.timate)
New modified monthly escrow payment for taxes and insurance (EstImate)
TOTAL. new modified monthly payment (Estimate)
Amounts due from borrower tor mOdification (by certified or casllie(s cheCk)
6orrower easr. contribution to reduce pnnCipal balance ..
Closing costs for modification (litle. documents, closrng) (Estimate) ....
Processing fee for review of modifIcation request
BOl'rOwer'E; flrst modified monthly payment (EstimatEl)
Lee. funds recllllved by NeM and placed into (;uspense
TOTAL CASH DUE FROM BORROWER
"2010140"
5009328
05/0112005
5,50QOOh
5 50000;,
321
0.30000%
10/01/2009
11/01/2009
0710112036
07/0112036
77,;'75,89
$5,967.59
$3,888,01
$3,570 67
$2,836.35
$0,00
$000
$0.00
$0.00
$0.00
$16,262.62
$93,638.51
S55767
$368.89
$926.56
SO.Oo
$000
$0.00
$926 55
$0,00
$926,56
YOUR SECOND MODIFIED PAYMeNT WIlL BE DUE ON FIRST OF Decombor 2,2009
If you have not reealved new payment eoupons send your payment>> to my attention
.. Borrower's cash contribution will be applied to reduce the total amount due on the mortgage, ~nd
thIS- amount must be paid in full regardless of whether actual amounts are higher or lower than
estimated amounts. - The amour'lt shown for closing costs is the minimum amount dUEl, If the
final Closing costs an! less Lhan the estimate, then the excess amount will be appHed to reduce
the total amount dl,Je on thG mortgage. If the final closmg cost::; ar@more thl',ln the estimate, the
borrower is responsible for these amounts and they must be collected when the modification
documan!s are signed and final cash amounts are due
1{ /:=:I'/:='I'II'? !! ~~: '=A'''' 8c:7~~11411::::
1_ ~I:~=: ;,l~ T
~ 11(1,1/1114
This Document Prepared Jly:
Jndividual's Name/Title:
AMANDA SCHAAl'
NATIONAL CITY MORTGAGE
3232 NEWMARK DRIVE
MIAMISBURG, OHIO 45342
When Recorded Mail To:
FIRST AMERICAN TITLE
P.O. BOX 27670
SANTA ANA, CA 92799-7670
Pareel No. 08-43-45-16-01--021-0652
[Space Above This Line for Reeordin~ Data]
Original R.tordtd Dat,: AUGUST 15,2005 I.oan No.: 0005009328
Ortglnal Priocipal Amouot: $ 80,000.00
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Intenst Rate)
C
This Loan Modification Agreement ("Agreement"). ma~'TH day of AUGUST, 2009
between WENDELL L WARREN,A SINGLE WOMAN -~r
("Borrower") and NATIONAL CITY MORTGAGE CO; A SUBSIDIARY OF N"'TIONAL CITY BANK
("Lender"-),
amends and supplcmr;nts (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument'!)l and
Timely Payment Rewlltds Rider. ifany, datc-d AUGUST 10,2005 ""d recorded in
Book or Llb,r 19081, at pagels) 1304, Io.t...."'.nt No. 2OM0511864 . or lhe Official Record, of
(Name of Records)
PALM BEACH COUNTY, FLORIDA . and (2) the Note belltiog tne same date as, aod
(County ani! Stale, or p!brr jutisoiclioll)
secured bYl the Security lnstrumcnL~ which cover!: the. real and personal property deSCribed in the Securi'[y
Instrument and defined therein a..; the lIPropeI1}"'. located at
2071 NW 2ND ST, BOYNTON BEACH, FLORIDA 33435
(Property AddrW!s)
LOAN MODfFICATlON AGllEEMEN'J'. S\n~le Pllmily - Fnnlr. M.t: 1,Inlfarm In~trllMIlJlI
l',,'!a Americall LORII PN)E1.uclion Services
rir~l AmaicUl Refll E.Jt~Tl; S(ll\lrirm.~ LLC
p,\I_P~1/ I7LFM3. \79 Rllv 06-1i-I)~!
Form :h7!lllOl (nv,(ltlOO) (pax!! I (1/J)
FwronA
".';;.'
11::,"'~'li,'~:IIII~ 1l 5::' F,i"
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0005009328
the: real property described beinz set illr'th as follows:
SEE E},.IIIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF;
COp
Y
In c{it1sideration of !he mutual promises an.] agrccmcn~s exchan€,ed, the parties hereto ugret;
a.'i follow:) Inutwithsmndin,€; <:Jnything to the contruf')' ccmtained in the NCHe or Security Instrument)'
As of OCTOBER 1, 2009 . the amount pu)'able under the Note and the SccunlY Instrument
(the "Unpuid Principal Balance") is U.S. $ 93,638.51 . conslsttng of the unpaid amount(sl
loaned to Borrower by Lender pills any interest and other amnunts capitalized
2. Borrower promises to pay the Unpu.id Principal Bal3.nce~ plus interest, to the order of LeTider-
Interest w111 ne char~cd on tbe Unpaid Principal13alance at the yr..wly rate of 5.500 %. from
OCTOBER 1.2009 ilnrrowcr promises to make monthly payments of pnndpal and
interest orc.s, $ !J5'1.67 ,beginning on the 1ST day of NOVEMBER. 2009 . and
oontinuin!j thercafler on the same day of each succeeding month until prinl;;ipal and intcrc~~
are paid in full, The yearl)' ratr: of ~.SOO % will r~rnain in effect ~ntil principal and interest
are paid in [!.Ill Ifon JULY 01, 2036 (the "Maturity Date"'I, Borrower shl1 owes
amounts undCT th~ Note and the Security Instillment, as amended by this :\grccment, Borrower wi11
pay these amounts in full on the Maturity D~ne.
3, If all or any pan of the Pr'operry or any intetesr in the Property is sold or mmsferred (or if
8olTowr:r is not a natural person and ~ bcncfici.d interest in Borrower is sold or lran:)l'yrredl
without Lender's prior wrill,r;n CQnsenr, Lender may require immcdiutc payrnentln full of all sums
secured by lhe St::curity Instrument.
If Lender exercises this option, Lender shall give Borrower notlCt of acceleration. The notice
shall provide u period of not less than 31) days frC'ffi the oaT;e The notice I::' delhrered or muiled
\.\rithin ,.,Thich Borro\\'er must pay all sums secured by thr; Security instrument. If Borrower
faib lu ['lay thesc suniS prior TO rhe cxpir~tion of this period, Lender may invoke :;tn:, remedies
pt,rrnitted by the Security Instrument without funher nmicc or demand on narrower.
4. Borrower ~bll will comply wilh all Nher covenants, agr~ements and rcquin.:merlts (lfthe St:(,;\.lrtty
Instrument. in~ludir1g without limitation, l!orro\l..'cr':; Cll\"t:TiU."l[S and agreemenrs to mak::: uJ:
payments of taxes, insurance premiums, ussessments. cscrov. irems, jmpound~, <ind all other
payment!> that BOlTowcr IS ~)bliga[e.d to make under the Sc(:urity Instrument: hov.'ever. the
[o(lowing terms and provisions are forr.:ve, {;anceled. null and voic. <l-S of the date ~pc(jfie'd ill
paragraph No, I :ahove:
LOAN MODU1CATION A.GAEF.MENT- Si!1~lc: rll1111v. FanoieM.iI~ TJJllf1:lrm Instl'\lment
,.-..mll :H19}fOl (rev.1}1I0~) W(I)!,l'" ,,(5,'
."WRIDA
FlrsrAmcrienn 1,"nnPTl!llll"lIC,"$t'VJC~;
rll$r AIll:nlO'lU\ Rea! Emit!: S.,iuhOll~ LLC
FALP51f fLFM"~ 1'').2 K~\' D6-17.{I\J
11~:./~II./2111IS 11 57 F,u,~:: S3i'~31114118i'
L 0 :::::: ~i ~.,..
14J n"t:/I' 14
COPy
OOO!i009328
la) all terms and provisions of the Note and Security Instrument (if anyl providing for,
implementing, or relat.ing to, an>" change or adjustment in the rate of IntereSt payable
under the Note, including, where applicahle, the Timely I'ayment Rewards rate reduction,
a..1i del';crincd in pangidph I of lhc Timdr Payment Rewards Addendum to Note and
pfMagroph A.l. of the Time!y Paymt~nt Rewards Rider. Ry executing this Agrcemcm,
Bon-ower waives any Timely Payment Rewards rate reduction to which Borrower may
nave otherwise becn cntiLledj and
(b) all terms and provisions of any adjustable rate rider. Or Timely Paymem Rewards Rider,
when: applicable, Or other instrument or document that is affixed to! wholly or partially
incorporated intoj or is pan of, ~he Note or Security Instrument and that contains any such
lerms and provisions as those referred to in la) ahove.
5. BurrllW~ u-nderstands and ag.rees that:
(a) All the right.s and remedies, stipulations, and conditions containo;d in [he ~ecurity
Instrument rela.ting to default in the making of payments under lhe Security Instrument
,hall also apply to def.ult in the making oflhe modifie~ payments hereunder.
(b) All CQVr:mllltS. agreements. stipulations, and conditions in the Note and Securit)' Instrumem
shall be and remain in full force arid e-ffect, except as herein modified! and none of thi;
Ilorrower's obligations or liabilities under the Note and Security Instrument shall be
l.liminished or released by any provisions hereof. nor shall this Agreement in any way impair.
diminish. or affect an~' of Lender's rights under or remedies on Ute Note and- Security
lnstromentl whether such rights Of remedies arise thereunder or by operation of law. Also.
all rights of recourse to whic:h Lender is presently entitled against all}' property or any other
per~ons in any way obligated [or, or liable on, the Note and Securlty Instrument arc
expressly reserved h)' Lender_
(c) Nothing in ~his Agreement shall be under~ood or construed to be a satisf~ction or release
in whole or in pan of the Not:.: and Sef,.;utily Instrume,nt.
(d) All costs and expenses incurred by Lender in connection Vo'ith this Agreemen.t. including
recording fecsl tille examination. and attorne~"s fees, shall be paid by the Borrowt;r and
shall be secured by the Security Instrument, unless stipulated otherwise by Lender.
Ie) Borrower agrees to make and execute such other documents or papers as m"y be neces~ary
or required to effeCluate the lerms and conditions of this Agreement which. if approved and
accepted by Lender. shall bind and inure to [he heir~, executors, adminislr<ltors, lilld a::l5igns
of the Borrower.
Pirs!^mericnnT.nnnPmdIlClrionS",.,.';c.."
Fnrm 3179110t (rev. 01/09, (puge 3 of5)
nORmA
LOA.NMODD'ICAnON AGllEEl\'ENT- Sin~l( fi1l\ily - fanftWl Mat Uniform In.tT1llQenl
rlNl Am<:li~1l1 Rt:AI f:.n~lt: SOIl/110m LLC
FALPSIi fLfM3179-3 l{tv o&-17-0'l
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0005009328
6" Pursuant to Section 199.14S(4)(b), Florida Statutes, additional nonrecurring intangible tn
is due, This Mortga~e is given in cODDe~tiQn with the refml'lDeing of an obligation .s~tuted
by an existing mortgage, recorded in Official Records Book 19081, paee 1304
Instrument No. 20050511864 . Public Records of P~I,.M BEACH County,
Florida from the Mortgagor hereunder to the Mortgagee hereunder, or to the assignor of
the Mortgagee hereunder. As of the date of refmBncme,. th~ unpaid prin~lpal balance of the.
original obligation; plus aeerued but unpaid interest, secured by the extstlng morq-aee is
equal to S 77,315.89 . The principal balance ofthe new obuealion secured by thi,
Mortgagt is $ 93.638.51 , whieh amount represents, as ofthe- refinancing, tbe excess
of the nnpald principal balance of tbe original obligation, plus accrued but unpaid
interest. Notwitbstanding llnything to the contrary contained in the foregoin2:1 If tbe
obligor under the new obligation is not liable: to the obligee under the obligation seC!ured b)'
this Mortgage, then the additlobal nonrecurring intangible tax .!lhlllll be computed on the
entire prindpal balance of the new obligation.
NATIONAL CITY MORTGAGE CO., A SUBSIDIARY OF NA TlONAL CITY BANK
Name: JENNIFER MIFFLIN
Its: MORTGAGE OFFICER
.Lender
Mailing A~d..ss
'b-JCi----~--~.-. -W!tness
~ -WItness - ['[lnted Name
~WltneS:)
-WItness - I-"flnted ,\;ame
W ENlJELL L W ARKl!:N
----------_.,-~-
.Borrower
Mailing Addre..
~Borrowc[
MAiling Addres.s
.Borrower
Mailine Address
~Borrower
Mailing Address
.WnneS$
.WHIiess
.WtlntSS - I-"~ame
~ 'h' ItIieSs - l.lr"mred t-.amc
LOAN MODIFICATION ....GRJ;~l'of~N,-. ~in!l:l" Fnm,ly. f'lInni~ Mmt. Uni!orm III.llrltWenl
fintAmcrlCltnL(>lIII f'todu~(io,\S~r"ices
Firsl AlJI~ri"nll R~nl r'..<t.o.~ SolutJon~ LLC
fALf'SII- fLFM31"!.4 R~" 07_1~.09
FlJfm JI79 lfOI \~v. 01/09') (POW ~ "(.:
FLORIDA
1;
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0005009328
[Space Relow This Line for Ack:nowled~ments]
BORROWER ACKNOWLEDGMENT
STATE or FLORIDA
COUNTY 01'
The foregainc instrumenl was acknowledged bcforr:. me thi~
WENDELL L WARREN
by
~~
as identification,
who is perso'Mally known W m(.' or who has produced
(Signature ofpersorI taking acknowlcdgmeT'lt)
(Name typed, printed Or 'Illmped)
(Title or rank)
(serial number, if any)
LENDER ACKNOWLEDGMENT
STATE OF OIDO
COUNTY OF MONTGOMERY
The foregoing instrument was acknowledged bef()l'e me this
JENm;FER MIFFLIN. MORTGAGE OFFICER
or
.
He/She is personaUr known to me Of who has produce.d
by
_ corporation. on behalfofthe corporation.
as identification,
(Signature ofrer~on taking acknowledgment')
(Name typed. printed or shUnpl:u)
(Title or rank)
(scritll number, if an,,)
LOAN MODIFICATION AGREEMENT- Sinp:lt falnil..,. - F~nll'~ Mile 1;JnlfllTm In~trumenl
fint AnltnClW Loan l'rOOI1Cli<:l" $crvicer.
F,nt ^"'~ri(;llll 1l.~111 btltlc; SOhalt(,f!\i LL('
P4.LP~t!fLFMJ,i'N.5 Ih... (')6-17-01)
t'orrn31791101t~.Ol109)
(p(lj!r5nf,'i)
FLORIDA
, 1"-...
This instrument was" prepared b"
Ii
The City Of Boynton Beach
Post Office Box 310
BoynjonBeach, Florida 33425-0310
)~etUm to: Community Improvement
;UIII r 1111111111111111111111111111111111111111111
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lntang 103.20
Sharon R. Bock,CLERK & COMPTROLLER
, SECOND MORTGAGE AND SECURI'T'f'A-GREENleMT 13pgs)
,~ ..LOT 216
~\\~ ,/
~ \_----.:-<" ~J"
\ ,q\';\";:-/ THIS SECOND MORT ~E AND SECURITY AGREEMENT ("Mortgage"), made this
....0\"-'. /'
\)"/' .? day of August. 2005
~// between Wendell Warre ,a single woman,
whose post office address is: 476 N.W 3'" Avenue, Oeerlield Beach, FL 33441
(hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal
corporation. as Mortgagee and Secured Party, whose post office address is: 100 East Bovnton
Beach. Florida 33435, (hereinafter called the "Mortgagee").
WIT N E SSE T H:
WHEREAS, Wendell Warren
is justly indebted to the Mortgagee in the principal sum of
Fifty One Thousand Six Hundred and 00/100 Dollars
($51,600.00l as evidenced by a certain Promissory Note ("Note") of even date herewith,
executed by and delivered to Mortgagee, payable according to the terms therein provided, and
by reference being a part hereof to the same extent as though set out in full herein; and
WHEREAS. this second mortgage is an interest-free deferred payment loan instituted
under the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and
mortgage, and the loan will be paid upon the sale of the property if sold short of the term of the
first mortgage or upon Mortgagor's default.
NOW THIS INDENTURE WITNESSETH. to secure the performance and observance by
Wendell Warren
of all the covenants, conditions and agreements in the Note. this Second Mortgage, and
any other instrument, agreement or document collateral to or executed or delivered in
connection with the loan transaction, (collectively the "Loan Documents"). and in order to
charge the properties, interest and rights hereinafter described with such payment.
performance and observance, and for and in consideration of the sum of TEN ($10.00)
DOLLARS paid by Wendell Warren
and for other valuable considerations, the receipt and sufficiency of which is hereby
acknowledged. the Mortgagor does hereby grant, bargain, sell, alien, remise, release. convey,
assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto
the Mortgagee, its successors and assigns forever;
ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple
interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"),
more particularly described as follows:
Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADDITION,
according to the plat thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat Book 24,
Pages 223 through 226.
Property address:
2071 N.W. 2nd Street, Boynton Beach, FL 33435
peN: 08-43-45-16-01-021-0650
TOGETHER WITH all lands, buildings, structures and improvements of every nature
whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment,
furniture and other personal property of every nature whatsoever now or hereafter owned by the
Mortgagor and located in, on, or used or intended to be used in connection with the operation of
the Land, building, structures or other improvements, betterments, renewals, and replacements
to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such
personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar
lien or claim together with the benefit of any deposits or payments now or hereafter made by
the Mortgagor or on Mortgagor's behalf;
TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to
or located on the Mortgaged Property, which. to the fullest extent permitted by law, shall be
deemed fixtures and a part of the real property, (ii) all articles of personal property and all
materials delivered to the Mortgaged Property for the use and operation of said property or for
use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract
rights, including construction contracts, service contracts, advertising contracts, purchase
orders, equipment leases, all other contract rights associated with the Mortgaged Property,
general intangibles, actions and rights of action, all deposits prepaid expenses, permits,
licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the
Mortgagor in all trade names and trademarks hereinafter used in connection with the use of the
Mortgaged Property, and (v) all proceeds, products, replacements, additions, substitutions,
renewals and accessions of any of the foregoing. Mortgagor hereby grants to Mortgagee, as a
secured party, a security interest in all fixtures, rights in action and personal property described
herein. This Mortgage is a self-operative security agreement with respect to such property, but
Mortgagor agrees to execute and deliver on demand such other security agreements, financing
statements and other instruments as Mortgagee may request in order to perfect its security
interest or to impose the lien hereof more specifically upon any of such property. In addition to
those specified herein Mortgagee shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Page 2 of 11
ARTICLE ONE
PARTICULAR COVENANTS OF MORTGAGE
1.01 Performance of Note and Mortgage. The Mortgagor will perform, observe and
comply with all provisions hereof. of the Promissory Note (hereinafter referred to as "Note")
secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee
the sum of money expressed in the Promissory Note with interest thereof and all other sums
required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated
Note and the Mortgage on the day or days when payment shall become due, all without
deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the
essence for such payments. The Loan secured by this mortgage shall be paid to the
Mortgagee without interest upon sale of the property and shall be for the term of the first
mortgage. If the property is not sold prior to the expiration of the first mortgage. then the loan
shall be fully forgiven and nothing shall be owed.
1.02 Warranty of Title. The Mortgagor covenants that it is indefeasibly seized of
the Land in fee simple, has good. marketable and absolute title to the Mortgaged Property and
has full power and lawful right to convey and mortgage the same in the manner and form
aforesaid. That the Mortgaged Property is free from all encumbrances except taxes for the
current year a first mortgage in favor of Fidelity Federal Bank & Trust
and its successors. and any other permitted encumbrances. The Mortgage hereby
makes further assurance to perfect fee simple title to the Land in the Mortgagee as may be
reasonably required. The Mortgagor does hereby fully warranty the title to the Mortgaged
Property against claims of all persons whomsoever.
1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter
erected on the Mortgaged Property. insured against loss by fire or other hazards. casualties,
and contingencies, including but not limited to flood. in such amounts and for such periods as
may be required by Mortgagee. and to pay promptly when due, all premiums on such insurance
policies or renewals.
1.04 Condemnation. If all or any part of the Mortgaged Property shall be
damaged or taken through condemnation (which term when used in this Mortgage shall include
any damage or taking by any governmental authority, and any transfer by private sale in lieu
thereof, either temporarily or permanently), the entire indebtedness secured hereby shall at the
option of the Mortgagee become immediately due and payable if the Mortgagee in its sole
discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be
entitled to all compensation, awards, and any other payments of relief therefore and is hereby
authorized, at its option to commence, appear in and prosecute, in its own or the Mortgagor's
name, any action or proceeding relating to any condemnation, and to settle or compromise any
claim in connection therewith. All such compensation. awards, damages, claims, rights of
action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the
Mortgagee, who after deducting therefrom all its expenses including attorneys' fees, may
release any monies so received by it without affecting the lien of this Mortgage or may apply the
same in such manner as the Mortgagee shall determine, to the reduction of the sums secured
hereby, and any balance of such monies then remaining shall be paid to the Mortgagor The
Mortgagor agrees to execute such further assignments of any compensations, awards,
damages, claims. rights of action and proceeds as the Mortgagee may require.
Page 3 of 11
1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs,
charges and expenses, including reasonable attorneys fees. including appellate proceedings,
and disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action,
proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party
defendant because of the failure of the Mortgagor promptly and fully to perform and comply with
all conditions and covenants of this Mortgage and the Note secured hereby, including but not
limited to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged
Property, or any action to protect the security thereof. All costs, charges and expenses so
incurred by Mortgagee shall become due and payable whether or not there be notice, demand,
attempt to collect or suit pending. The amounts so paid or incurred by Mortgagee, together with
interest thereon at the default rate as hereinafter defined from the date incurred until paid by
Mortgagor, shall be secured by the lien of this Mortgage.
ARTICLE TWO
DEFAULTS
2.01 Event of Default. The term "Event of Default" wherever used in the
Mortgage, shall mean anyone or more of the following events:
(a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any
deposits for taxes and assessments or insurance premiums due hereunder, or any other sums
to be paid by Mortgagor hereunder or under any other instrument securing the Note.
(b) Failure by Mortgagor to duly keep, perform and observe any other
covenant, condition or agreement in the Note, this Mortgage or any of the other Loan
Documents for a period of ten (10) days after the Mortgagee gives written notice specifying the
breach. If the default cannot be cured within such ten days, the commencement of such action
to cure the default and the diligent and continuing effort to cure same shall be acceptable.
(c) If Mortgagor or any endorser or guarantor of this Note shall file a
voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any
petition or answer seeking any reorganization, arrangement, composition, readjustment,
liquidation, wage earner's pian, assignment for the benefit of creditors, receivership, dissolution,
or similar relief under any present or future Federal Bankruptcy Act or any other present or
future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce
in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the
properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days
after commencement of any proceeding against Mortgagor or any guarantor or endorser of the
Note, seeking any reorganization, arrangement, composition, readjustment, liquidation,
dissolution, debtor relief or similar relief under any present or future federal, state or other
statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if, within
the thirty days after appointment without the consent or acquiescence of Mortgagor or of any
endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any
endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such
appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10)
days after the expiration of any such stay. such appointment shall not have been vacated.
Page 4 of 11
(d) The entry by any court of last resort of a decision that an undertaking by
the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities. obligations or
encumbrances is legally inoperative or cannot be enforced. or in the event of the passage of
any law changing in any way or respect the laws now in force for the taxation of mortgages or
debts secured thereby for any purpose or the manner of collection of any such taxes. so as to
effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does
in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or
charged under such new or modified law.
(e) If foreclosure proceedings should be instituted on any mortgage inferior
or superior to the Mortgage. or if any foreclosure proceeding is instituted on any lien of any kind
which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure
proceedings on the Mortgagor.
(f) Any default under any mortgage superior or inferior to the Mortgage.
(g) Any modification of any mortgage superior or inferior to the Mortgage.
increase in the amount outstanding under any superior or inferior mortgage, whether pursuant
to a future advance agreement or otherwise, or waiver of any principal or interest payments on
any note or mortgage superior or inferior to this Mortgage. or release of any guarantor or
modification of any guaranty affecting any superior or inferior mortgage.
(h) Any breach of any warranty or material untruth of any representation of
Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents.
(i) Any action prohibited by paragraph 3.01 infra.
OJ If the mortgaged property is sold, transferred or refinanced prior to the
expiration of the first mortgage or any prior mortgage the entire amount of the loan shall be
returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program.
(k) Upon the homeowner(s) death, provided that the new owner is not
income eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the
primary residence of the new owner. For the new owner to be eligible, he or she must set up
primary residence in the dwelling within a reasonable time and be income eligible under SHIP
guidelines. If the new owner is not eligible, the loan shall be due and payable to the Mortgagor.
(I) Lease of any portion of the mortgaged property to a third party.
2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be
continuing, the Mortgagee may, at its sole option. declare the entire principal amount of the
Note then unpaid, and the interest accrued thereon to be due and payable immediately, and
upon such declaration such principal and interest shall forthwith become and be due and
payable, as fully and to the same effect as if the date of such declaration were the date
originally specified for the maturity of the unpaid balance of the Note.
Page 5 of 11
2.03 Mortgagee's Power of Enforcement. If an Event of Default shall have
occurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any
other appropriate proceeding or remedy (a) to enforce payment of the Note or the performance
of any term hereof or any other right (b) to foreclose this Mortgage and to sell, as an entirety or
in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or
courts of competent jurisdiction, and (c) to pursue any other remedy available to it, all as the
Mortgagee shall deem most effectual for such purposes. The Mortgagee shall take action
either by proceedings or by the exercise of its powers with respect to entry or taking
possession, as the Mortgagee may determine.
2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to
foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the
failure to make any such tenants parties defendant to any such foreclosure proceedings and to
foreclose their rights will not be, nor be asserted to by the Mortgagor. a defense to any
proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency
remaining unpaid after the foreclosure sale of the Mortgaged Property.
2.05 Principal and Interest Become Due on Foreclosure. Upon commencement of
suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared
due, and the interest accrued thereon, shall at once become and be immediately due and
payable.
2.06 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws.
The Mortgagor agrees to the full extent permitted by law, that in case of default on its part
hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up,
claim or seek to take advantage of any appraisement, valuation, stay, extension, or redemption
laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of
this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute
putting into possession thereof, immediately after such sale; the purchasers thereof, and the
Mortgagor, for itself and all who may at any time claim through or under it, hereby waive to the
full extent that it may lawfully do so, the benefit of all such laws, and any and all right to have
the assets comprised in the security intended to be created hereby marshaled upon any
foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to
foreclose such lien may sell the Mortgaged Property as an entirety.
2.07 Acceleration; Application of Monies by Mortgagee.
(a) If default shall be made in the payment of any amount due under the
Mortgage or the Note secured hereby, then, upon demand of the Mortgagee. the Mortgagor will
pay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fail
to pay the same forthwith upon such demand, the Mortgagee shall be entitled to sue for and to
recover a judgment for the whole amount so due and unpaid together with costs, which shall
include the reasonable compensation, expenses and disbursements of the Mortgagee's agents
and attorneys either before, after or during the pendency of any proceedings for the
enforcement of the Mortgage including appellate proceedings. The right of the Mortgagee to
recover such judgment shall not be affected by any taking, possession, or foreclosure sale
hereunder, or by the exercise of any other right, power or remedy for the enforcement of the
terms of this Mortgage, or the foreclosure of the lien hereof.
Page 6 of 11
(b) In case of a foreclosure sale of any of the Mortgaged Property and of the
application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee
shall be entitled to enforce payment of and to receive all amounts then remaining due and
unpaid upon the Note. and the Mortgagee shall be entitled to recover a judgment for any
portion of the debt remaining unpaid, with interest.
(c) The Mortgagor agrees to the full extent that it may lawfully so agree. that
no recovery of any such judgment by the Mortgagee and no attachment or levy of any
execution upon any such judgment upon any of the Mortgaged Property or upon any other
property shall in any manner or to any extent release the lien of the mortgage upon the
Mortgaged Property or any part thereto for any liens, rights, powers or remedies of the
Mortgagee hereunder, but such lien. rights. powers and remedies shall continue unimpaired as
before.
(d) Any monies thus collected by the Mortgagee or received by the
Mortgagee under this paragraph 2.07 shall be applied as follows:
"First, to the payment of the reasonable attorneys fees and expenses incurred by
Mortgagee. its agents and attorneys, including but not limited to taxes paid, insurance
premiums paid receivers fees, etc.
Second toward payment of the amounts due and unpaid upon the Note."
2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of
any holder of the Note to exercise any right, power. or remedy accruing upon any default shall
exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver
of any such default, or acquiescence. herein; and every right, power and remedy given by this
Mortgage to the Mortgagee may be exercised by Mortgagee from time to time and as often as
may be deemed expedient by the Mortgagee.
2.09 No Waiver of One Default to Affect Another. No waiver of any default
hereunder shall extend to or shall affect any sUbsequent or any other existing default or shall
impair any rights. powers or remedies consequent thereon. If the Mortgagee (a) grants
forbearance or an extension of time for the payment of any sums secured hereby. (b) takes
other or additional security for the payment thereof; (c) waives or does not exercise any right
granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or
Mortgage; (e) consents to the filing of any map, plat or replat thereof, (f) consents to the
granting of any easement thereon. or (g) makes or consents to any agreement subordinating
the lien hereof, any such act or omission shall not release, discharge, modify. change or affect
the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser
of the Mortgaged Property or any part thereof, or any maker. co-signer, endorser, surety or
guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any
right, power or privilege herein granted or intended to be granted in the event of any other
default then made or of any subsequent default nor. except as otherwise expressly provided in
an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be
altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any
part of the Mortgaged Property. the Mortgagee, without notice to any person or corporation. is
hereby authorized and empowered to deal with any such vendee or transferee with reference to
the Mortgaged Property or the indebtedness secured hereby, as fully and to the same extent as
it might deal with the original parties hereto and without in any way releasing or discharging any
of the liabilities or undertakings hereunder.
Page 7 of 11
2.10 Discontinuance of Proceedings - Position of Parties Restored. In case
the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by
foreclosure, entry or otherwise, and such proceedings shall have been discontinued or
abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in
every such case, the Mortgagor and the Mortgagee shall be restored to their former positions
and rights hereunder, and all rights. powers and remedies of the Mortgagee shall continue as if
no such proceeding has been taken.
2.11 Remedies Cumulative. No right, power or remedy conferred upon or
reserved by the Mortgagee by this Mortgage, is intended to be exclusive of any other right,
power or remedy, but each and every such right, power and remedy shall be cumulative and
current and shall be in addition to any other right, power and remedy given hereunder or nor or
hereafter existing at law or in equity or by statute.
2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all
parties whose claim or liens are discharged or paid with the proceeds of the indebtedness
secured by this Mortgage.
ARTICLE THREE
MISCELLANEOUS PROVISIONS
3.01 No Transfer. It is understood and agreed by Mortgagor that as part of the
inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered
and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and
agrees not to assign, sell, convey, transfer. lease, enter into any management agreement, or
further encumber any interest in or any part of the Mortgaged Property without the prior written
consent of the Mortgagee, and any such sale, conveyance. transfer, lease, or encumbrance
made without Mortgagee's prior written consent shall constitute an event of default hereunder.
If the Mortgagor is not an individual. it is further understood and agreed that any assignment,
sale, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgagor
without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged
Property and prohibited herein.
3.02 Uniform Commercial Code. The parties agree that this Mortgage is a security
agreement under the Uniform Commercial Code for the purpose of creating a lien on the
Mortgaged Property.
3.03 Maximum Rate of Interest. Nothing herein contained nor in the Note secured
hereby or any instrument or transaction related thereto, shall be construed or so operate as to
require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant
to said Note, to pay interest in an amount or at a rate greater than the maximum allowed by law.
Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or
any parties liable for the payment of the loan of interest in excess of the maximum rate of
interest allowed by applicable law, then any and all such excess shall be and the same is
hereby waived by the holder hereof. and all such excess shall be automatically credited against
and in reduction of the principal balance, and any portion of said excess which exceeds the
principal, balance shall be paid by the holder hereof to the Mortgagor, Maker or any parties
liable for the payment of the loan made pursuant to said Note, it being the intent of the parties
hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the
payment of the loan hereunder, be required to pay interest in excess of the maximum rate
allowed by law.
Page 8 of 11
3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an
Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in thiS
Mortgage. The Default Rate shall be the maximum interest rate per annum permissible under
Florida Law, or Federal Law in the event Federal Law pre-empts Florida law or is otherwise
applicable
3.05 Attorneys Fees and Expenses. Wherever provision is made herein from
payment for reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee.
said provision shall include, but not limited to, reasonable attorneys' or counsels fees or
expenses incurred in any and all judicial, bankruptcy, reorganization, administrative. or other
proceedings. including appellate proceedings, whether such proceedings arise before or after
entry of a final judgment.
3.06 Notice.
(a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage to
be served on or given to the Mortgagor may be served on or given to the Mortgagor at:
2071 N.W. 2nd Street
Boynton Beach, FL 33435
or at such other address as may have been furnished in writing to the Mortgagee by the
Mortgagor.
(b) Mortgagee. Any notice demand or instrument authorized by this
Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor
at:
CITY OF BOYNTON BEACH
ATTN: CITY ATTORNEY'S OFFICE
100 EAST BOYNTON BEACH BOULEVARD
BOYNTON BEACH, FLORIDA 33435
or at such other address as may have been furnished in writing to the Mortgagor by the
Mortgagee.
3.07 Headings. The headings of the articles. sections, paragraphs and
subdivisions of this Mortgage are for convenience of reference only, and are not to be
considered a part hereof, and shall not limit or otherwise affect any of the terms hereof.
3.08 Invalid Provisions to Affect No Others. In case anyone or more of the
covenants, agreements. terms or provisions contained in this Mortgage, the Note or any of the
other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of
the remaining covenants, agreements, terms or provisions contained herein and in the Note
shall be in no way affected, prejudiced or disturbed thereby.
Page 9 of 11
ARTICLE FOUR
ADDITIONAL PROVISIONS
4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan
evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to
enter into continuing and unconditional guarantees of payment of any and all indebtedness and
agreed by the Mortgagor that such representations and agreements by such other persons
shall constitute for the purpose of its obligations hereunder. covenants on behalf of the
Mortgagor.
Page 10 of 11
IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and
Security Agreement to be executed in their names, all by authority duly given as of the day and
year first above written,
Signed. sealed and delivered
in the presence of:
~] ,
/J/tJYli..1 //. C, . 1 L tJvU vJ
M AGOR
Wendell Warren
--- -._- -~-----'._--"'_.__._-~-
PRINT NAME
WITNESS
MORTGAGOR
WITNESS PRINT NAME
STATE OF FLORIDA )
) SS.
COUNTY OF PALM BEACH)
I hereby certify that on this day, before me, a Notary Public duly authorized in the State
and County named above to take acknowledgements, personally appeared
t ~;)~.Ii" \.~ 'oL. l ~ ~<1N\Qln.. \ *,she is personally
known to me [or has produced >--lJA
as identification] to be the person(s) described as Mortgagors in and who executed the
foregoing mortgage and acknowledged before me that said persons executed that mortgage.
Witness my hand and official seal in the County and State named above this
~ day of _ August, 2005 ___ _.
Signed ~ \"\L. -l ,I~~
NOTARY PUBLIC
Print Name: i")\'1l..CC [\. ~I"\.~~---'"
K1\. Debbie A Reamsl1'{der
. ~ j My CommIssion 00075925
"", OF".dI ExpIres December 2, 2005
S;\Coow""'OYl_~I_r<l_HI_TS.""c
Page 11 of 11
PROMISSORY NOTE
SHIP PROGRAM
BOYNTON BEACH, Florida
Dated: August /0,2005
FOR VALUE RECEIVED the undersigned,
Wendell Warren, a single woman,
(hereinafter referred to as "Makers") promise to pay to the order of CITY OF BOYNTON BEACH,
a Florida municipal corporation, or its successors or assigns (collectively referred to as the
"Holder"), at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida
33435 or such other place as the Holder hereof may from time to time designate in writing, the
principal sum of
Fifty One Thousand Six Hundred and 00/100 Dollars
($51.600.00) to be paid in lawful money of the United States of America, which shall be legal
tender in payment of all debts and dues, public and private, at the time of payment as follows:
This is a deferred payment loan issued under the guidelines of the City of Boynton Beach
SHIP Program in which the Makers payoff the loan at the time the mortgaged property is soid if
the property is sold prior to the term of the first mortgage. If the property is not sold prior to the
expiration of the first mortgage and remains the permanent residence of the Maker, then in that
event this note shall be forgiven and released. The Maker must permanently reside on the
property during the term of the note and mortgage. In the event the Maker fails to comply or
defaults. the entire unpaid principal balance shall be fully due, owing, and payable from the
Makers to the Holder.
This Note is secured by a Mortgage Deed, a/kla Second Mortgage and Security
Agreement (the "Mortgage") of even date herewith encumbering and conveying real estate and
property (the "Mortgaged Property") therein described and duly recorded among the Public
Records of Palm Beach County, Florida.
The Makers shall pay any and all applicable federal, state and/or local taxes with regard to
the obligations set forth herein and shall provide the Holder with annual paid tax receipts within
thirty (30) days subsequent to annual payment of obligations. Failure to timely pay such taxes
shall be an event of default as provided for hereinafter.
It is hereby agreed that if in the event default be made in the performance or compliance
with any of the covenants and conditions of any security agreement now or hereafter in effect
securing payment of this Note; then, in any or all such events, the entire amount of principal of this
Note with all interest then accrued, if any, shall, at the option of the holder of this Note and without
notice (the Makers expressly waives notice of such default), become and be due and collectible,
time being of the essence of this Note. If this Note shall not be paid at maturity or according to
the tenor thereof and strictly as above provided, it may be placed in the hands of an attomey at
law for collection. and in that event, each party liable for the payment thereof, as Makers.
endorser, guarantor, or otherwise, l1ereby agrees to pay the holder hereof in addition to the sums
above stated, a reasonable sum as an attorneys fee, which shall include attomeys fees at the trial
level and on appeal, together with all reasonabie costs incurred.
Page 1 of 2
Makers shall be in default of this Note if during the term of this Note, they assign, sell,
convey. transfer. lease. enter into any management agreement, further encumber, or vacate the
premises. In the event of such default, the loan amount of the promissory note shall be
immediately due and payable.
This Note is pre-payable in whole or in part at any time without penalty
As to this Note and the Mortgage. and any other instruments securing the indebtedness,
the Makers, endorsers and guarantors, if any. severally waive presentment, protest and demand.
notice of protest. demand and dishonor and nonpayment of this Note. and expressly agree that
the Maturity Date of this Note, or any payment hereunder, may be extended from time to time
without in any way affecting the liability of the Makers, endorsers or guarantors.
Nothing herein contained, nor in any instrument or transaction related hereto, shall be
construed or so operate as to require the Makers, or any person liable for the payment of the loan
made pursuant to this Note. to pay interest in an amount or at a rate greater than the highest rate
permissible under applicable law. Should any interest or other charges paid by the Makers, or any
parties liable for the payment of the loan made pursuant to this Note. result in the computation or
earning of interest in excess of the highest rate permissible under applicable law, then any and all
such excess shall be and the same is hereby waived by the holder hereof, and all such excess
shall be automatically credited against and in reduction of the principal balance, and any portion of
said excess which exceeds the principal balance shall be paid by the holder hereof to the Makers
and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of
the parties hereto that under no circumstances shall the Makers, or any parties liable for the
payment of the loan hereunder. be required to pay interest in excess of the highest rate
permissible under applicable law.
This Note is to be construed according to the applicable laws of the State of Florida and
the United States of America.
MAKERS:
rbbLt,yYldc~ J" LJ'J tV./lk-
SIGNA WENDELL ARREN
SIGNATURE
$:~
I'I1!.JlOO
Page 2 of 2
,,(~ ;
f;/~.<r:<"
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetine:: Tumed in to Citv Clerk's Turned in to Lel!aI Turned in to Procurement
Dates Office
I Seotember 1. 2009 August 17, 2009 August 12, 2009 August 10. 2009
X Seotember 14, 2009 August 31. 2009 August 26, 2009 August 24. 2009 -"
;-n ,",,' 31
0 ;::.. -< ~'.
~ ~'t
,
I '" ~-!",~
U1
NATURE OF
AGENDA ITEM
AnnouncementslPresentations
Administrative
::II:
X Consent A eoda
o Code Com liance & Le al Settlements
o Public Hearin
o Le a1
o Unfinished Business
o
o
RECOMMENDATION: RECOMMENDATION: Approve resolution No. 09_ authorizing the execution of a
resolution for an agreement with Counseling Services Institute, Inc, (CSI), the City's current Employee Assistance Program
(EAP) provider; for confidential professional employee assistance services to the City of Boynton Beach employees and their
dependents, for an estimated annual expenditure of $1 0,800.00.
EXPLANATION: The current EAP agreement with CSI expires on October I, 2009, thus, in accordance with the City's
"Unified Purchasing Procedures", on July 30, 2009, Human Resources requested quotes for EAP services. Of the three (3)
quotes received (Exhibit I), CSI was selected based on their scope of services and their competitive bid. Additionally, the
City is very satisfied with their current level of customer service. Exhibit 2 is CSI's scope of work and proposaL
CSI offers confidential, professional EAP Services from their central location in Boca Raton, FL, and has a national and
international affiliate network that is both credentialed and reliable for immediate service. They offer assessment, diagnosis
and treatment or referral services to employees and their dependents for a variety of incidences that can cause personal
problems to become personnel problems. The services include, but are not limited to legal, financial, mental health,
addiction, stress management, eating/gambling disorders, career consultations, marriage and family counseling, scholastic
problems for children, mv and AIDS education, support groups and psychiatric disorders, sexual harassment prevention
education, critical debriefing and workplace violence intervention and prevention. They also coordinate benefits with the
City's current insurance provider Blue Cross/Blue Shield of Florida (BC/BSFL).
A further purpose of retaining an EAP for City employees is to keep the City of Boynton Beach compliant with regulations
covering policies pertaining to the drug-free workplace and keep the City compliant with Worker's Compensation regulations.
PROGRAM IMPACT: The purpose of this quote was to select and retain a firm to provide EAP services for City of
Boynton Beach employees,
FISCAL IMPACT: The estimated expenditure will be approximately $10,800 annually depending on the City's headcount.
The cost for each employee is $12.00 per year. This amount is budgeted for in the Human Resources FY 09110 budget under
Employee Assistance Program line item (Account # 001-1610-513-34-30). This is a one (1) year agreement with an
additional one (1) year renewal option,
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
:'7>
I(
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Not enter into a contract with an EAP provider and not be compliant with Worker's Compensation
regulations and the Drug Free workplace requirements; enter into an agreement with one (1) of the other two (2) vendors who
submitted quotes and pricing between $13,500.00 and $15,660.00 annually for the same services.
,I
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~fpartment Head 's~ignature
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City Manager's Signature
Assistant to City Mana r
Human Resources
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City Attome
ance
Department Name
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S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
2
3
RESOLUTION NO. R09-
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AND
7 AUTHORIZING EXECUTION OF AN AGREEMENT
8 WITH COUNSELING SERVICES INSTITUTE, INC.,
9 FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH
10 AN ESTIMATED ANNUAL EXPENDITURE OF
11 $10,800.00; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, on July 30, 2009, the Human Resources Department requested quotes
15 for an Employee Assistance Program for the City of Boynton Beach employees; and
16 WHEREAS, three companies responded to the request for quotes with Counseling
17 Services Institute, Inc., being selected based on their scope of services and their competitive
18 bid; and
19 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
20 interest of the City to enter into the Employee Assistance Program Agreement with
21 Counseling Services Institute, Inc for a period of one (1) year.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section I.
Each Whereas clause set forth above IS true and correct and
25 incorporated herein by this reference.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
27 approves and authorizes the City Manager and City Clerk to execute the Employee Assistance
28 Program Agreement between the City of Boynton Beach and Counseling Services Institute,
29 Inc., for an Employee Assistance Program for the period of one (1) year and an estimated
S'\CA\RESO\Agreements\Counseling Services Institutt:: (EAP12009.doc
expenditure of $1 0,800.00, a cop: of said i\greement is attached hereiO as Exhi hi! ".\
2
Section 3.
That this Resolution shall become effective immediately upon passage.
3
PASSED AND ADOPTED this __~ day ofSeptember.l00lJ.
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5
6
7
8
9
10
II
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13
14
15
16
17
18
19
20
21
CITY OF BOY1HON BEACH. FLORIDA
Mayor- Jerry Taylor
Vice Mayor Woodrow L Hay
Commissioner - Ronald Weiland
Commissioner ~ Jose Rodriguez
22
23
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25
Commissioner Marlene Russ
26 ATTEST:
27
28
29
30 Janet M. Prainito. CMC
31 City Clerk
'0
-'....
33
34 (Corporate Seal)
35
36
S:\CAIREsn\Agreements\Counseling Servicl.:s Institute II:AP12UIl9.doc
EXhibit # :G
"----
SCOPE OF WORK
The following proposal will offer confidential, professional Employee Assistance Services to the
employees, their dependents and retirees of the City of Boynton Beach. The Counseling
Services Institute in Boca Raton, Florida will coordinate all activities of the EAP through its
director, Donna Hearn, in the central location in Boca Raton, and has a national and international
affiliate network that is both credentialed and reliable for immediate service. The purpose of the
EAP is to offer assessment, diagnosis and treatment or referral services to employees, their
dependents and retirees for a variety of incidences that can cause personal problems to become
personnel problems. The services include, but are not limited to legal, financial, mental health,
addiction, stress management, eating/gambling disorders, career consultations, marriage and
family counseling, scholastic problems for children, HIV and AIDS education, support groups
and psychiatric disorders, sexual harassment prevention education, critical debriefing and
workplace violence intervention and prevention. A further purpose is to keep the City of
Boynton Beach compliant with regulations covering policies pertaining to drug-free workplace.
An EAP also keeps the City of Boynton Beach compliant with Worker's Compo regulations,
which require yearly education on substance abuse to be presented in the workplace.
Supervisory and management training will also be provided on an on-going basis.
A further service of CSI's EAP is on-going Education, Awareness and Prevention program to
help insure prevention and/or timely interventions thereby reducing liability.
-1-
Submitted by:
Service Areas:
Mailing Address:
Phone:
Fax:
Services:
Fee For Service:
Time Period:
Licenses:
Certifications:
Liability Ins:
Memberships:
EMPLOYEE ASSISTANCE PROGRAM PROPOSAL
FOR
THE CITY OF BOYNTON BEACH
Counseling Services Institute
Donna Hearn, Ph.D., LMHC, CAP, SAP. Director
Local and Statewide
National Referral Network
International Referral Network - Rome; Paris; Switzerland
7601 Federal Hwy., Suite 165-B. Boca Raton, FL 33487
561-995-9500
800-492-0253
561-995-9510
Confidential, professional EAP services for the City of Boynton Beach
employees, their dependents and retirees.
$12.00 per employee per year
One year from date of contract
Mental Health Counselor License
CertifYing Board Addiction Professionals
(CBAPF) #369
SAP - Substance Abuse Professional- Dept. Of Transportation
Western World; Scottsdale Insurance Camp.
Greater Boca Raton Chamber of Commerce
National Assoc. of Alcohol and Drug Abuse Counselors
Children's Cancer Caring Network
National Addiction and Psychiatric Services for Children
Y A TC - Youth Automotive Training Center
Florida Alcohol and Drug Abuse Foundation
-2-
EMPLOYEE ASSISTANCE PROGRAM OVERVIEW
1. Schedule of Services Provided in base EAP:
A: For employees
* 5 - individual sessions per employee for evaluation and referral per year
* 1 - individual session for family members per year
* All - alcohol or drug evaluations
* 6 - one hour Stress Management Program per year
* Drug-Free Workplace education for all employees presented quarterly
* Certificates of Participation for all employees receiving Drug-Free Workplace
education
* Confidential, personal take-home assessments for indication of alcohol or other drug
problems.
B: For the employer
* Consultation on the design and implementation of necessary policies and procedures
* Training for supervisors and managers
* Recognition and documentation of performance problems
* How to utilize the EAP
* In-House promotion of the EAP
* Confidential statistical utilization review
* Annual EAP evaluation
-3-
The following services will be included in the proposal:
For the employees, their dependents:
* 5 office visits per employee
* I office visit for dependents
* all alcohol and drug evaluations at no charge
* 6 - one hour stress management sessions per year
* access to monthly educational programs
* referral services to most quality-oriented/cost-effective outside programs when
necessary
* S.A.S.S.L evaluations for alcohol/drug abuse DUI referrals
* monitoring of all treatment modalities for one year
* 800-number to contact main Boca Raton office
* reduced fees for psychiatric and substance abuse programs and drug tests
Counseling Services Institute shall perform for the City of Boynton Beach employees and their
eligible family members the following services:
. Marital counseling
. Divorce adjustment counseling
. Job-related counseling
. Parent/child counseling
· Substance abuse assessment and counseling or referral
. Senior services
· Counseling or referral related to physical or developmental disabilities
. Mental Health assessment and counseling
· Unlimited Legal! Financial Consultations provided by EAP
. Elder care resource and referral per contract year
IT IS IMPORTANT TO NOTE THAT NO ONE WIn BE DENIED SERVICES BECAUSE
OF INABILITY TO PAY OR LACK OF INSURANCE. THIS IS THE PHILOSOPHY OF CSL
ALL EMPLOYEES, DEPENDENTS AND RETIREES ARE GIVEN THIS NOTICE IN
WRITING.
-4-
The following services will be offered directly to the City of Boynton Beach:
. Technical assistance in the development of EAP policies & procedures.
. Case management (coordination of community resources, follow-up and case
advocacy)
. Referral to specialized services not offered by EAP, but required by an
employee/eligible family member
. Telephone consultation with EAP staff as necessary
. On-site consultation by EAP staff in those cases where EAP & the City of
Boynton Beach deem it necessary
. Priority for EAP appointments
. Benefit Talks / Fairs as needed
. New Employee Orientation
. Drug Free Workplace Training
. U.S. Department of Transportation (DOT) Compliance Training
* Program Promotion
* Confidential, quarterly evaluation on program utilization
* Supervisory and Management Training on:
+ Ongoing Orientation for New Employees
+ Documentation ofPerforrnance Problems
+ Recognition of Substance Abuse in the Workplace
+ Violence Prevention/Intervention
+ Legal Liability of Supervisor
+ Do's and Don'ts of Confronting Employees
+ Sexual Harassment Recognition Issues
+ 6-Hour Stress Management For Supervisors
+ Critical Debriefing
PROGRAM DEVELOPMENT AND IMPLEMENTATION FOR THE CITY OF BOYNTON
BEACH
CSI agrees to offer the following services to the City of Boynton Beach to help establish an
EAP:
Develop policy and policy statements as well as procedures aimed at personalizing a workplace
safety philosophy about the use of an EAP in the workplace.
Meet with human resource professionals to help them develop policy statement and encourage
support from the top.
-5-
Promote kickoff of Employee Assistance Program to individuals utilizing the Cit)' of' BoyntcJf\
Beach human resource staff.
Attend safety meetings, educational programs, or monthly meetings of employees to be available
for questions and interventions.
Provide the company with a flyer or use their existing form of communication to promote the
program.
Provide on-going education to employees, families and retirees about health and well-being in
the workplace.
Aid the City of Boynton Beach in keeping compliant as required by Worker's Compo federal
policy of safety sensitive positions.
Provide a network of resources to maintain an evaluation of the EAP system on an annual basis
with quarterly reports reflecting the demographics and utilization review rates.
INDIVIDUALS:
All providers are licensed or certified in their specialty fields and will agree to see the member to
do initial evaluation with 24 to 72 hours of call as indicated by severity of problem. Members
will be contacted by a provider for the purpose of scheduling the initial appointment.
Upon initial intake and prior to meeting with the provider, the member will complete a
demographic information packet at our office, including providing medical health insurance
information where applicable.
Each participant will receive lone-hour assessment session per referral whether it a self-referral
or supervisory. All referrals will be afforded the utmost in confidentiality as deemed necessary
by Federal Regulations and as stated in our philosophy.
Assessment and referral services will also be available to family members and retirees.
Counseling Services Institute agrees to provide all individuals with the opportunity tCJr
educational events throughout the year, at no fee. Counseling Services Institute will provide
mailings to announce the event, time and location on a continuous schedule.
The stress management program includes 6 one-hour sessions on-site, family members invited,
with emphasis on biofeedback and relaxation techniques.
-6-
SUPERVISORY AND MANAGEMENT TRAINING
CSI agrees to provide supervisory and managerial staff with the following:
Policy and procedure implementation workshops.
Training workshops which include documentation necessities; the legalities of policy
enforcement; confrontation of employees on work related performance only; do's and don'ts of
documentation and confrontation; how to initiate and EAP referral; follow-up and evaluation.
Separate sessions for supervisors and managers include orientation; signs and symptoms of
performance problems; recognizing the need for a medical, legal or financial referral; and how to
facilitate the manager~s role with the EAP liaison.
Supervisors will be educated about referrals to agencies, the supervisor's role in the referral and
treatment process, and what to accept when the employee returns to the work force. The EAP
provider will submit follow-up documentation for one year following treatment on a monthly
basis as agreed upon with treatment providers.
CSI will offer orientation and training programs quarterly. We believe the success of the
program lies in education. Training wjIJ-be'provided'on site for 5 ormore employees. All
training sessions will be geared toward the convenience of the employer with a minimum of I
hour per quarter.
PROGRAM PROMOTION
CSI agrees to promote the program to all employees through pamphlets designed to explain the
EAP and CSI. (Attachment A)
CSI agrees to attend weekly orientation meetings for all new employees and to answer any
questions not of a confidential nature.
Periodic one-page flyers will be distributed to the human resource department for disbursement
to employees on a variety of topics that may interest them. The topics will be presented on or off
premises in either a lecture of film format and will deal with issues that are timely and topical.
These issues will help to enhance the education of employees and thus prevention measures.
CSI will insert prevention articles in paychecks, newsletters, memos or whatever device human
resource now uses to promote activities. CST will incur all expenses for mailing, insertions
publications, etc.
A booklet for supervisors will be used to help better utilization of the program. (Attachment B)
-7-
PROGRAM EV ALUA TI01\
Quarterly reports will be submitted to the company which will disclose utilization rates.
demographic information, types of problems identified, referral rates, which departments refer
(when requested), and whether or not the referral was a supervisory or self-referral. All
employees, family members or retirees will have the opportunity to fill out quality assurance
evaluations and report his or her experience with the EAP directly and confidentially to the
company as per their request.
You will receive similar information upon request as anonymous reporting for confidentially
reasons. Also, a quality assurance evaluation will be sent to your company by employees who
agree to fill out the evaluation. (See Attachment B)
FINAL EV ALUA TION
CSI agrees to conduct a summarized final evaluation of the program based on participant
evaluations, supervisory evaluations and oral reporting of clients.
This report will contain strengths and weaknesses of the program, suggestions for future
programs, utilization review records, candid, confidential and anonymous employee reactions,
supervisory feedback and administrative points of interest.
This report will also identify any documentable financial savings that can be attribute to the
EAP.
TIMETABLE
CSI agrees
through
to conduct an informational orientation campaign for existing employees
. A brochure will be provided for family members and retirees.
from
Training sessions for supervisory staff will begin and continue through . This
education should be presented prior to general employee orientation so that supervisors will have
adequate knowledge of program when asked questions, etc. It is preferable to have all
supervisors knowledgeable about the program as early as possible,
All orientation, both for employees and supervisors will continue both weekly and monthly from
through . It is important that this is ongoing and current. CSI will try to
accommodate the schedule of all employees on all shifts when possible.
Topics are presented monthly either in-house or out-house and the City of Boynton Beach
employees will be invited to those workshops, lectures, films. etc.
Quarterly reports will be presented during the first 15 days of the month following the end of the
quarteT,
Final summary information will be gathered all year and presented in persou 30 days prior tu
close of contract.
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FEES
CSI will ask for $12.00 per employee per year for all services covered in this proposal. CSI will
not assume any costs for referral to outside sources but will try to find the most quality-oriented,
cost-effective referral when necessary. Because CSI contracts with a variety of professionals, it
is often not necessary to go outside of our network. CSI agrees to negotiate fees for admissions
to substance abuse treatment programs, psychiatric institutions and outside referral sources when
possible.
It is the belief that employees under duress may not be able to negotiate these services and
should be represented by professionals. CSI will not assume any financial responsibility for such
services and will have employees read and sign an "Explanation of Fees" form.
Payment of fees to CSI from the City of Boynton Beach should be paid on a quarterly basis by
the 15th of the month following the quarter unless otherwise requested.
ASSISTANCE FROM THE CITY OF BOYNTON BEACH
CSI requests that the City of Boynton Beach petition their health insurance carrier to admit
providers of services most recommended by the CSI to their provider lists, thus making
utilization of those services more available to employees. This will also save the City of
Boynton Beach insurance dollars and can help further stretch employee benefits.
CSI requests that rooms and audio-visual equipment be provided to help host the educational
programs and orientations. Whenever possible, attendance by a particular supervisor or an
introduction of the EAP liaison in the beginning of the session would enhance the educational
sessions. Support from the top always helps.
CSI requests that supervisors refrain from "hall talk" about personnel problems that have been
sent to the EAP. CSI reminds all involved that confidentiality is of the utmost importance. CSI
requests that the supervisor call the EAP provider directly to ask questions rather than transact
through an employee. This would be detailed more closely in supervisory training.
Education, awareness and prevention make a great EAP. The more you use our services, the
more the City of Boynton Beach and employees benefit. To show a savings in insurance
benefits, employee acuity, etc., interaction with the EAP is a must. Thousands of dollars in
health benefits can be saved monthly with proper diagnosis, referral and treatment by an EAP.
By utilizing an EAP, hundreds of employees and families who previously had little or no
recourse to help can have better lives.
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INDEMNIFICATION/HOLD HARMLESS AGREEMENT
Counseling Services Institute agrees, in addition to any other obligation, to indemnifY the City of
Boynton Beach and to the fullest extent permitted by law, protect, defend, indemnify and hold
harmless the City of Boynton Beach, their agents, elected officials and employees from and
against all claims, actions, liabilities, losses (including economic losses), costs arising out of any
injury or alleged A) bodily injury, sickness, disease or death or injury to or destruction of
tangible property including the loss of use resulting therefrom, or any other damage or loss
arising out of or resulting of claims to have resulted in whole or in part from any actual or
alleged act or omission of COUNSELING SERVICES INSTITUTE, any subcontractor, anyone
directly of indirectly employed by any of entities to whom CSI may refer, of anyone for whose
acts any affiliate may be liable in the performance of the EAP; of B) violation of law, statute.
ordinance, governmental administration order, rule, regulation of the EAP; or C) liens, claims or
actions made by COUNSELING SERVICES INSTITUTE or any affiliate or other party
performing the EAP services.
The indemnification obligations hereunder shall not be limited by limitation on the amount, type
of damages, compensation or benefits payable by or for COUNSELING SERVICES
INSTITUTE or an affiliate under Worker's Compensation acts, disability benefit acts, other
employee benefits acts or any statutory bar.
COUNSELING SERVICES INSTITUTE further agrees to incur all expenses, including
attorney's fees, incurred by the City of Boynton Beach to enforce this agreement.
If agreement is acceptable, signature of this form will act as a binding agreement and subsequent
contract will be submitted on request.
Donna Hearn, Ph. D., LMHC, CAP, Director
Counseling Services Institute
City of Boynton Beach
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Comparison .uotes for
EAP Services 2009
E lit I
Annual Price Annual Cost
Vendor Name per EE 900 EEs Scope of Work
5 individual sessions; 1 individual session for family members; 6 -
1 hr. stress mgt Program; Drug free workplace education;
$12.00 per EE Consultation, training supervisors, EAP promotion, reports and
Counselin!] Services Institute per year $10,800.00 EAP evaluation.
5 individual sessions; 1 individual session for family members; 6 -
1 hr. stress mgt Program; Drug free workplace education;
$17.40 per EE Consultation, training supervisors, EAP promotion, reports and
Life Enrichment EAP per year $15.660.00 EAP evaluation.
5 individual sessions; 1 individual session for family members; 6 -
1 hr. stress mgt Program; Drug free workplace education;
$15.00 per EE Consultation, training supervisors, EAP promotion, reports and
EAP of South Florida. Inc. per year $13,500.00 EAP evaluation.
Counseling Services Institute is 1st choice
S:\HR\EAP\EAP quotes 2009\EAP quote compare Aug 11 2009
8/24/2009
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EMPLOYEE
ASSISTANCE
PROGRAM
SUPERVISOR'S MANUAL
7601 N. Federal Hwy. . Suite 165 . Boca Raton, FL 334'dl
561-995-9500' 800-492-0253 . Fax 561-995-95]0
PUUOS'
-,
Tbl, booklet 1. 4..!gn~ to ...llt d.p.r~.~t 1..dIJI. .up.~l.or.
and m.n.ger. in utilizing the S.ploy.. ~..l.taao. Proqr.- (&AP).
The bookLet an..au qua.tien. abou~ bow the pi:ogn. work. aad bow
the .up.rvi.o~ i. Lnvolvad 1n the proc.... Bup.rv1eory r.t,rrala
tit into th. Dermal dhatpU,J1lty proce.. a.od tha progr&ll CObO.pt.
ara congruent with .d.d4i.tratiYI policy.
JalPLOYD AB8I8TlllIC. PROOUII
Our Employ.. A..htanal IrGg'r.. .1_ ..tabU.bed to b~l' -.ploy....
d..~l with probl... that do DOt:. r.'poIJd to 'rouHu.. approaob.. lo%'
c..olviug job pactocunca p:l"obl.... Th, &AI' i. . highly
confidant!.l r.farzel ..rYlo1 offerld to you and your ataff. I~ i.
d..jgnad to ..,ht tho.. who have job plrfonaat1CI prabl_ or
prObl... of parloDl1 n.tur. which __y afflct job plctor.maDDI.
JIOII 1'0 ft'ILXZa 'DEI ..0fDAJI
There .r. two w,ay. to utili.. th. KlP. Mo.t frequent will be ..1f'-
refert'al. whne the alIIploy.. wlll voluntarily ...t hllp for a
p~cbl... The ..cond way i, . lupnvhory retlac1 where you w111 b.
dir~tly involved.
ThJ.. guid. te d..iped to ...lIt. you ill tb. lnit.bHCJ4 of
8xplrilac.. te.t.ct proo.d.ur.. for d..UD'; with job perfo~llae that:
are apparently not .kl11.rel.tld. A ,upervilory refarral involve.
. .peQlfic procedure which OaD facilit.t. in h.lpiDW tb. ..ploy..
.oh'. the problur.. nit procadur., VhM; .dh.~.d ~o, will ...ur.
confid.entiality tor the LGdiv!dual and will DOt plao. you iu the
role of dt.gno.tiai.n or ot pa..lng jud;meat on the natura of the
qploy..'. J'l"o>>lNL. Iou ar. & 1DoID1;1J: and. lupuvleo:r, JOUI' job J..
to .upenrh. .. not cOUD..l. Thi. prograa c..... help you ".U1II1 your
role .. . .upervi.or and place the ..ph..t. ot plrlormaoee eh.nga
on th. employ... IouI' pdaary tlUuttJ,OO whim lltilidng the lAP 1.
to dat.r.mina thlt a jOb perfor..noa problem .xi.tl.
The priaary Obj.otive of the lAP 1. to retain valu.d ..ploy... by
offering thNt.opportunitJ... to hut and arr..t probh.. b.,tor.
they advance to tn. PQint of termination.
roux ROL& AS A StJPlRVIBoR
When you becolll.l'I aware of .. perd..tent job-perfoX1llance problam,
then are .everal constructive .tapa you can take in ..eking' a
aolution. The moat potentially hea.eficial method for all eoncerned
is to intervene, ~onfrortt. and ofter ...tlt.nee.
Too frequently the problem i. tolerated or ignored in hop.. that it
will go away. C~v.ring up for a~ employe. with a prebl~ with the
&IIUIllption that thl. i. the kind. helpful tbing to do i. faulty
r.asoning ~d plac.. you in the polition of contributor. You
actu~lly enable the problem to continue. Pi ring the amploy.. or
threatening the employ.. with toraination i. . drAJllAt!c .elution .,
well if indIcation. are pre.ent that referral to the BAP may help.
~ollowiog are Itepe whicQ .hould b. used once you have determined
that a performance problem .xi.ea.
S7EP 11 DOCUMENT
U.ing a format cODei_tent with your p.~formaace apprai..l
procedure. and policy, record all lD.t~c.. o~ un..tiafactory job
perfOrmAnce. A fo~ i. included for you~ u... Thi. fora mu.t b.
completed and u..d when m&klng . aupervi.ory ref.r:al. Thie form
i. titl_d JOB PB.P.J'01\lO.NC'& 1tVALUA'tION PltOCEDUltAL POAM.
STEP 2 I BVALUATS
aa.ed on your n..d. trom the .tandpo!nt of ma1utalnlng an
alU.ci.nt, p~oductiv. oporation, make a determination. rogarding the
..;dou.nll. of the. jOb-performance problem. Khan the level of
porform&n~e r..eb.. an intolerable level -- ACT. It may be helpful
to review the .particular altuation with the lAP director fir.t.
You may alao wan t to raview the Itep. you have taken or plan to
taka with your supervisor. Taking th.... atepa w1ll indicate that
you are I.aking to atay fair and impartial and that you Are
jU8titiad and can follo~ ~rough with the action you ara planning
to taka.
STEP 3. INTERVENE
U.ing the documontation you have developed, oi.cu.. the .pacific.
of the job performance problem with the *Dploye.. Whil. the tou.
of the intervention i. one of the caring concern, the employe. muet
b. made aware tha~ hi./ber job performance i. not acceptable. and
t.ha.t failure 'to taka, corrective action cotSld place the individual' a
job in jeopardy. Whether or not tho employ.. agree. that ~h.r. i.
. performance problem.. it i. ....ntial t.hat 'You clarity the
spacifics of your di...tiafaction and your expectation. regarding
improvament. With input from the e~ploy.., e.t~li8h guideline.
and. time frol.lnea for me.auring progre.. in the specific areas
requiring improvement. Don't gat sid.tracked by excus.. or what may
be the caus& of the protl.l.m - - .tick with tbe ,hsuea directly
rehtod to the problem. (Seo Do' 8 and Don' tal
STBr 4. FO~LOW UP
Continue to ob..rve and doc\1men~. Monitor the extent to which
improve.ent objective. are being ..t periodically review with the
employ... Sat. specitic time tram. in which to do thi..
Supervieors generally ind..t on perlormance c:hange withln . ],0 day
period. Bncoura;_ and recognize eueh improvement and at the .~.
time re.tate your eapect::.atioaa that the lndlvidual maintain a
..tl.factory level perfor.manca.
If improvement Objective. are not ~.t within the agr... upon tim.
fr..... it a.y now b. a.G....ry to initiate another confrontation
which involv.. dlaclplinary .~tion.
Sftp S I RBFER TO BAP l>tRBCTOR OIL OmSIn& ZNTtTY
If the ....ur.. you ba.v. taken thus far have failed to produce the
d..ired r..ult:.., t.he eaploy.. .hould POW b. given an either/or
choice, .eek belp in ahan.ginw hi. b.laviar or perfC)1:lDanc. or b.
.ubjectecl to diaoipliDary action up t.o anc! inc:lucUD.SJ t.h.
terminat.ion of: hi. job. !'he d.c!.ion of wh.th.~ or DOt:. to actually
...k halp ....t. with tll. individual. not with you. It 18 tll.
individu.l'. r..pon.ibl1~ty to qet help.
Tell the tmaplQY.. aboue the 13QlLOYZB ASSIBTANCa PROQRAH' and, if t.ll.
..ploy.. agr... to u... tb.. program:, you or th. Ulployee 1II&Y JD&k.
the appo1DtaeDt.. Zf you l:'.~.Z' the ..lay.., ~. Job PerfoX"'IU.D.c.
J:valuation Procedural Fonl. awet be filled out and. forwarded to the
progr.. director or tha OOUD..lor lnvolved. To help insu.re
oonfidentiality, pIe... 4.1i..r thi. for,a in p.r.on or aa~k it
COIIPtDllllTtu. _d "Dd through tho intar-oUi". ...11 eyet....
'The, funotion of tll. SAP t. to ..14 in improving job perforaanoe. It
1. not. intended to graat .p~cial privilege. or oonsideration to
-.ploy... who fail to .how IlDprov...nc.
STaP 6. COllTtmra BVALlJATION
After referring th. ..ploy... you should continue to .onitor ~nd
evaluat. performance. In thi. way, you will be able to dete~lne
the lIlO.t ..pprQP~i..t. follow..up Action. The employ..'. pro~... (or
lac.k ot progre..) may b. :.V'i.wed 'Wlth the CAP director or
counselor if further action i. anticipated or required. A
SUP&RVISORY FOL~OW-UP BVALI1ATXON OF PROG\lA.l( PAIlTtCIPAN'I' POR>! io
included fo~ your convenience.
1
TRXAT>IXNT
One of the option. to an employee who Buffers from tho di....e of
alcoholism or i8~ chemically dependent Olil residential treatment.
Treatm.ent: of th.h type involv.. a JCAHO approved treatment progr.a.m
whi.eh will houa8 the employ.e tor anywhere from J.8 to .2 da.YB
depending on the nature of the ac!cHctiQJJ. !neuranc. cover. 80\ ol
the troatment. When the choice i. between tendnation or
treatment, the following information may help.
When an employ.e h.. bean referred to a treatmen.t progrAII. the
8upetviuor may ba involved .. muoh .. be/.ha f..ls i. nec....ry.
Du'ricg the treatment prograza, the 8upexviaor may vi.it tho employ..
to ask que. clans and offer 8upport. After treatment, the amploy..
may return to work with the tollowing stipulation.:
&. a.l.h. muat attend the .lter-care progr~ offered by
tr..tm_nt progr&m
b. He/ .h. mUlt attend Alcoholics AnCDymcu.{AA) o. Narcotic.
Anony.aou8(NA) w.ekly
c. He/ahe must report bi.w..kly to the referring coun..lor
Th... .tepa are to in.ure tbat treatment in ongoing and to offer
the employ.. 8uppore and aaintenanae .kill.. If an employ.. doe.
not oomply with the.e requirement. for the first y.ar after
tre.tment and symptomll reoccur, tho ~ploy.. w1.11 8ubjeot to
termination.
On-going, in-..rvice educatiOD will be available for departJunt
heads. 8upervi8ora and macger. on what to look for in conlid.riDg
abuse of alcohol and other drug.. Again, don't wait until it 1. to
lat.. AI with any other d!....., early de.tection i. vitally
important. You zuy e.pec:ially waDt to aonlu1t with the EAP
director on cQnfrontation and intervention. as they re1at. to the
chemically dependent person.
ucoamnoH or
PnPOIllWfCS PROBLBJIS
The proce.. begin. with th.recognition that .. job..performance
problem exists. Your concern .i. not 80 much with isolated
incidents which lDay reflect 1... that usual perfo:nl&Jlc., bu.t
instead to b. senaitlv. wbea. pattern. of behavior develop whlcb ar.
cODlistently interforing with the employe.'. normally lat!.factory
performance.
'l'he folloving sign. repre.ent problUUl in work perf-or;mance and ..y
indicate that . peraoual prObl.m ia involved.
~,
{
"
- niCllEASBD AIlSSNTSIISH
Unexpected ab..nc..
&xc.llive dilebility
Lmprobabl. .zeus.. for ab..nc..
Abnormally high aba.ac.. for
minor illn.....
Exa...ive t.~dln...
. .OH-TB&~JOB.
AIlSIIln'SIISH'
Continued abeenc.. fro. de.k/
work atatloD
Inc~....d number ADd leAgtb ot
ACloft.. br.ak.-
Incr.a.ingly long luncb..
Iocre...d number of trip. to
:r..t :rOOll
Phy.laal illn... on the job
(head' Itom.chAehol, atc.)
- CONCIlIlTIIATION
PROBLBHS
Work requir.. greater effort
Job an project. take longer
i..ily 4i.tr.~t.d
- COIlFUSION
Difficulty in recalling
inacruction. and detail.
Incre..ing difficulty in handling
end completin; a..lgnaant.
Difficulty in recalling own miltakee
~
i -HIGa ~CCIDINT RATS
-LOKBRID JOB BrPICIBNCY
Mi...d d.adline.
Incr..led nuab.r of error.
~..t.d time and ..teriel
foor dlet.ioD aakiaw
'PRICTION KITH OTllllR
EHPLOYEBS
ov.r~r.actioD eo real or
imagin.d critici..
Wida awinge in mood
Complaint. froaa Qo-woa:kerl
Uare.lonable r..entm.nt.
Avoidanoe of ...oaiated
Irri tability
.tJNl1SUAL BBBAVIOR
Tamper tantrums
PhYlical violenoe
Imotional outbur.t.
'SP~SHODIC WORK.
PATTBllNS
Ixtr.... of higb or low
productivity
IXtrUlel in quality af wort:
Baving to put in .xtra time to
finish work
"
-rm: DO'S
or CllIInOll'1'IllO 1UI IlIIPLOYn
TUB DO'S
L. DO- I.tabliah tb. lavel. ot vork p.rfo~nc. you expeot.
Set ~. limite you w111 t~l.r.t..
Oet.r.min. whAt i. acceptable and unacceptable to you.
Documeut all ab..nt..1am,tardin...,inoidaota on tn. job,
&Ad poor job p.~fo~c.. a. 'P.cific.
a. cOD.iatent. ~..t all ~loy... equally.
I. DO-
l. DO-
l. DO-
i. DO-
i. DO-
7. DO-
l. DO-
B... the confroQtation on WORK p..rORkANCB, not OD
perIanal or medical probl~.
.e firm. B8 direct Speak with authority.
Be prepared to d..l with the employ..'. resistance and
denial, .. well.. hoetility.
Avoid talking to eb. employ.. about h!_/her per.onal
problem..
Get commitment from the ~loy.. to addr... hi./hlr work
performance. Hak, your exp.atatton. elear and .paoific.
Continua to document.
J. DO- PrOTide the emplOY". with the Il.C....J:Y 1uto;ma.tioA &Ad
aat. the appropriaee referral in aeeordanoe with your
OompllDy polioy.
h
TO DOII'T8
01" COHl"llOHrDKl AM IlIIPLOYD
THE DOK'TS
1. Don' t- Attempt. to get involved in an aJIlploy.... per.onal life.
2. Oon't- Kake value judgment..
Inate.d, rely in .pacifio work p.rfo~c. criteria.
3. Oon't- Moralize. Do Dot att.-pt to tell an employ.. what
ahoulcl or .hould Dot b. 40D. in hia/her par.anal IJ.!a.
t. Don't. A.k .why-? Thi. opeD. up for a variety ofaxcu.... The
employ.. i. alway. r..ponalbla tor hia/ber behavior an4
job porfonw1ca.
s. Don't. Allow the .-ploy.. to bo. you lneo a oOrQar. %0 .plta
of all hi./her rationalization., tb. employ.. i.
r..pooaibl. for .1t.riD~ job perloraance. Thi.
included ....lcing balp foZ' per.onel or ..dleal probl....
,. Don't- .Allow th. UIploy.. to play you agaiuat aayolla .1..-
higher m&Dag...nt- (or.the unioua) You're Dot in the
middle hera, the ..ploy.. ia.
7. Don't- M.ke idle di.ciplinery threat.. Follow througb with
your warDing. &..Del chad;: back with the uaployeeou .
.pacifio date. to ...... progr..., or lack of it. belDS'
made.
7
BNPLOYlCK ASS'ISTANC'B PJlOGIUM
JQI ,.U.fQllN.IlCE ('lALU~lItl1t PJot1IHIItAL flJll"
This for.m mU9~ bo usod whenever an employe. i. referred to the EAP
counselor. It t. not to be u.ad for regul&xly aohedule
ev.lu..tiotls. Il an employ.. ia referrea to the counselor.. this
lo~ mu.t be pr...nted.
Employee' .Name
_~_.~__D8pa.rba.ent__~
Y.ar. Employed
Job Assignment.
Employee I
Supervi.or'.Name
8xtenei.oa'
rNDrCA~oas OP DETERIORATING JOB P!RPORHANC!
{~\_ a..t ~. 'ftll'.-I.t.,
HOax IlBUATllD "ON.THB-JOB" AlISl!:N'l'ESISM
____Tardin... _____Continued abeenc.. fr~ d..k/wo~k
_O"nexp_c;:telS Ab..ne.. _Incx.... numbor Ltld. length of broaks
____Prequant Ab..na.. ______Increasingly long lunoh..
____Accidont. _____Increased trip. to r..troom
____Hasting Time _____Physical Illness on the job
SOCIAL UNUSUAL BEHAVIORS
____~r1ction with other employee.
____Wide .winge 1n .ood
____Complaint. from ao-workor.
____Phyaica1 violenc.
____E=otion.l ou~bur.t.
____Irritability
____Avoidance of ...ociatea
In th. .pac. b.low, pl...o indIcate tno 8K&ct natu~. of tn. problem
for which you are referring t.he employe. if not indicAt.e Ilbo.ve. Add
any .dditiooal information you ~.Y feet helpful at this t~mo.
Was this employee given a contact report prior to this referrAl far
.imil.r 1nciden~? Yea___No___ YS8, but not for o1~il.r incidont
x
(
KllPLOYXS .l.SBIBTA.IICS PROGIWI
SUPERVISORY FOLLOW-UP EVALUATION
OF PROGRAM
-CONl'IOENTIAL-
Employ.."
1. Whan you referred tbe above ..ploy.. to tbe program, what we.
the b~a1c prabl..?
2. How would you rate bis/her overall job p.rfo~nc.
_outstanding
_below avcrage
___~bov. averaga
___un..ti.factory
_averago
3. How many di.au..ion. wera n.c....cy to initiate r.f.~r&1.7
_1 _2 _3 _,"ore thlUl 3
4. Did you .ake the appo1ntment fo~ the employ.. ~th th.
designated cOUD..lor? ___Y.I ___no
S. Did you experienoe any problem. doing thi.? ___ya. ___co
6. Since the time the ~loy.. eDtered tbe program, b&v. you
observed any improvement? ---y.. ___no
It 80, in what .r...?(pl.... identify)
i. Save there b..n any .lip. in jOb performance .1n08 the
.mployae'. initial involvement in th. progr~? ___yea ___DO
B. Are you pre..ntly ..ti.Cied with the smploy.... job
perfor.mance? ye. no If no what are your conetme?
(plea,. b. Speoific)---
9. Bow would ynu r.t.. t:hi. .mploy.... overall job p.rfoNaDce at
thi. time? _ou.tstanding _av.rase _above avetag. _below
I.verilge
10. would you like the tAP Coun.elor to ... -.ploy.. again?
_yelil _nQ
o
... ,.
... ~
EMERGENCY!
. i
ALCOHOL OR
DRUG HELP GALL
800-492-0253
COUNSELING
SERVICES
INSTITUTE
COUNSELING
SERVICES
INSTITUTE
7601 N. FEDERAL HWY.
SUITE 165-B
BOCA RATON, FL 33487
.
Exhibit 2, Attachment A. .
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800-492-0253
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.1
EMPLOYEE
ASSISTANCE
PROGRAM
'."for the
CITY OF BOYNTON
BEACH
***all calls and appointml'llls
are CONFIDENTIAL***
.........
.
WHAT IS THE EAP?
The EMPLOYEE ASSISTANCE
PROGRAM is for the full-time
employee to use when problems on
and off the job may prevent you
from working to your capacity.
This benefit is avaihlble to full-
time City of Boynton Beach
employees immediately upon hire.
HOW DOES THE EAP
WORK?
The EAP offers evaluation sessions
to help determine what type of
help you need. Full-time City of
Boynton Beach employees are
entitled to 5 sessions (which
generally last one hour) lit no cost
to you.
WHAT HAPPENS
AFTER THAT?
If you decide to begin counseling
for a problem, appointments will
be set at your convenience. If you
need a referral to another
organization such as legal,
financial or educational help, these
services are usually at a reduced
rate.
.........
WHAT TY'PES OF
,
PROBLEMS CAN THEY
HANDLE?
Financial, legal; marital and family,
. alcohol and oth~r drug help,
N'relationship counseling, abuse
counseling, eatihg disorders and
smoking cessati~on are just a few of
the common problems. You may
come for the evkluation for almost
. ' '
anythmg and the EAP wilItry to help.
WHO PROVIDES
I
THESE SERVICES?
Your EAP COIl tracts with your
employer to prqvide services through
COUNSELING SERVICES
INSTITUTE. (j:SI has a staff
consisting of MiD.s, Masters Level
Therapists and iCertified Addiction
Professionals. We have a network of
I
other help ranging from AIDS Ed. to
Financial Consultants standing by to
help. '
CAN I CALL THEM
DIRECTLi\' AND
CONFJDENTIALL Y? III
Yes. Your confidentiality is e
.
.
.
guaranteed by Federal
Regulations. Our name, address
and phone number are listed on
this brochure.
WHAT ABOUT MY
FAMILY MEMBERS?
Family members are eligible to
come for one evaluation session at
no cost. They also will be referred
to appropriate help at no cost to
you.
WHAT ELSE DO I
NEED TO KNOW?
When you call or come in, the full
services will be explained and you
will receive information on the
credentialing of the staff. Your
evaluation will take about an
hour. CSI has staff available
every day and evening for
appointments, except Sunday.
. Remember, it only works if you
u~ it. bur phone numbers are
1'-295-9500 and 800-492-0253.
.
@j
<!1il
f&
<liiI
~
EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT, is entered between the CITY OF BOYNTON BEACH, hereinafter referred
to as the "City", and COUNSELING SERVICES INSTITUTE, hereinafter referred to as "CSJ". in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
l. PROJECT DESIGNATION. CSI is retained by the City to provide confidential,
professional Employee Assistance Services to the employees of the City of Boynton Beach and
their dependants.
2. SCOPE OF SERVICES. CSI agrees to perform the services, identified on Exhibit "A",
which is attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies.
3. TERM. This Agreement shall be for a period of one ( I) year commencing on the date the
Agreement is executed by the City. There is a one (I) year renewal option.
4. PAYMENT. CSI shall be an estimated annual amount of $10,800.00, or a cost of $12.00
per year for each of the City's employees for services rendered under this agreement as follows:
a. CST will submit invoices to the City on a quarterly basis during the term of the
agreement. Such invoices will be checked by the City, and upon approval thereof, payment will be
made toCSI in the amOUnt approved.
5. COMPLIANCE WITH LAWS. CSI shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations that are applicable to the services to be rendered under this agreement.
6. INDEMNIFICATION. CSI shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorneys fees and costs, arising from injury or death to person, the employees, or
damage to property occasioned by a negligent act, error or omission of CSt as further discussed in
Exhibit "A."
7. INDEPENDENT CONTRACTOR. CSI and the City agree that CSI is an independent
contractor with respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither CST nor its employees shall be entitled to any benefits accorded City
employees by virtue of the services provided under this agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to CST, or any employee ofCSl.
8. COVENANT AGAINST CONTINGENT FEES. CSI warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for CSI, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person.
other than a bonafide employee working solely for CSI, any fee, commission, percentage, brokerage
fee, gifts, or any other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall be the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage. brokerage fee, gift or contingent fee
9. DISCRIMINATION PROHIBITED. CSI, with regard to the work perfonned by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
10. ASSIGNMENT. CSI shall not sublet or assign any of the servIces covered by this
agreement without the express written consent of the City.
I!. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
12. TERMINATION.
a. The City reserves the right to tenninate this agreement at any time by giving thirty
(30) days written notice to CSI. CSI shall be paid for work completed up to the date of termination.
13. DISPUTES. Any disputes that arise betWeen the parties with respect to the performance of
this contract, which cannot be resolved through reasonable negotiation, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. Further, this agreement shall be
construed under Florida Law.
14. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this agreement, workers compensation, and comprehensive general liability insurance with a
minimum coverage of $1 ,000,000 per occurrence and professional liability insurance in the amount
of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City prior to execution of this agreement.
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
To City:
Kurt Bressner, City Manager
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
To CSI:
Donna Heam, Ph.D., LMHC, CAP, SAP, Director
COUNSELING SERVICES INSTITUTE
7601 Federal Hwy., Suite 165-B
Boca Raton, FL 33487
16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
agreement, or the occurrence of any event rendering any portion or provision of this agreement
void, shall in no way affect the validity or enforceability of any other portion or provision of the
agreement. Any void provision shall be deemed severed from the agreement and the balance of the
agreement shall be construed and enforced as if the agreement did not contain the particular portion
or provision held to be void. The parties further agree to refonn the agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
Page 2 of3
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda.
represents the entire and integrated agreement between the City and CSI and supersedes all pnor
negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both the City and CS L
DATED this
day of
2009.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
By:
By:
City Clerk
City Manager
Approved as to legal sufficiency
and form:
By:
City Attorney
WITNESSES:
COUNSELING SERVICES INSTITUTE
By:
Print Name:
Printed Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this_____ day of ~_~___ .
2009, by , he/she is personally known to me or
has produced ~..
(type of identification) as identification.
Notary Public State of Florida
S:\CA\AGMTS\CoDSultants\Counseling Services lnstitute,doc
Page 3 of3
'. rJT
t-
VI.-CONSENT AGENDA
ITEM C.S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetill!! Turned in to City Clerk's Turned in to Le2.al Turned in to Procurement
Dates Office
0 SeDtember 1, 2009 August 17, 2009 Au.ust 12, 2009 August 10. 2009 0 ~
,,1 \.U -
-
I2SI SeDtember'J.lR 2009 August 31.2009 Au.ust 26, 2009 Au.ust 24. 2009 C:: -
----.:7) --S
0 ....., C
3-
0 -" u
-~
0 0 Citv Manager's ReDDrt <:) ~ ;.
AnnouncementsIPresentations -
NATURE OF 0 Administrative 0 New Business ~
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearin. 0
"'"'
....
-<
C':l
--."
25'
-<
:z:
....
o
0;>::
..,.,
"Gj
~
RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Amendment No.
2 to Task Order U08-01-05 for ARCADIS U.S., Inc. in the amount of $185,700.00 with a 5% contingency
of $9,285.00 for a total expenditnre of $194,985.00. Amendment No.2 provides for engineering services
for the replacement of the vacnum filter at the East Water Treatment Plant.
EXPLANATION: The existing vacuum filter is 30+ years old and is no longer in use. The second story of
the vacnum filter building has sustained significant hurricane damage and will require demolition of the
existing steel snpport strncture and replacement with a concrete block type structure with a precast roof
deck. The vacuum filter is an integral part of the East Water Treatment Plant's lime sludge dewatering
process and needs to be upgraded as part of the overall plant improvements.
The scope of the project will include demolition of the existing vacunm filter system and the second story
of the bnilding and the design of a new vacuum filter system. The new system will include the vacuum
filter and its ancillary devices, piping, sludge feed pnmps, second story enclosure with access hatch for
equipment removal, and electrical/instrnmentation and control upgrades. ARCADIS U.S., Inc. will
provide engineering design, permitting, bidding, and construction phase services.
PROGRAM IMPACT: The replacement of the vacuum filter is part of the Utilities Department's long-term
water supply plan to construct a well field interconnection pipeline to link the east and west wellfields,
pump water from the west well field to supplement the water supply in the east, and fully utilize the
existing treatment capacity at the East Water Treatment Plant. The vacuum filter will be designed to
accommodate the lime sludge volume anticipated at the East Water Treatment Plant's permitted raw
water supply flow of 24 million gallons per day (MGD).
FISCAL IMPACT: Funding for this project in the amount of $194,985.00 is available in Utilities account
#403-5000-590-96-02 WTRI12. The estimated construction cost for the project is $1.42 million.
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
({(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TlVES: This project is part of the Utilities Department's long-term water supply plan and is
based on the Department's Water Use Permit application to the South Florida Water Management
District. Cancellation or postponement of this project would negatively impact the City's ability to meet
future water demands. Therefore, a reasonable alternative does not exist at this time.
l
,I) -=====/ /\
~ <=-_/ a--
')
Ii /
~ukJ./JJ'~
City Manager's Signature
",
")
Department Name
.......
~~
Utilities Department
xc: fY':eter Mazzella
Michael Low
c:}i2. Christopher Roschek
Bevis Pigott
Barbara Conboy
City Attorney
File
S:\BUI,LETIN\FORMS\A.GENDA ITEM RFQUEST FORM.I)( lC
1 RESOLUTION NO. R09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO EXECUTE AMENDMENT NO.2 TASK
6 ORDER NO. UOS-OI-05 WITH ARCADlS U.S., INC., FOR
7 ENGINEERING SERVICES FOR THE REPLACEMENT
8 OF THE VACUUM FILTER AT THE EAST WATER
9 TREATMENT PLANT IN THE AMOUNT OF $185,700.00
10 WITH A 5% CONTINGENCY OF $9,285.00 FOR A TOTAL
11 EXPENDITURE OF $194,985.00; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, the existing vacuum filter at the East Water Treatment Plant is over 30
16 years old and is no longer in use; and
17 WHEREAS, the vacuum filter is an integral part of the East Water Treatment Plant's
1 B lime sludge dewatering process and needs to be upgraded as part of the overall plant
19 improvements; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
21 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
22 approve and authorize the execution of Amendment No.2 to Task Order No. U08-0l-0S with
23 ARCADIS U.S., Inc., for engineering services for the replacement of the vacuum filter at the
24 East Water Treatment Plant in the amount of$18S,700.00 with a S% contingency of$9,28S.00
25 fora total expenditure of$194,98S.00.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
S\CA\RESQlAgreemenls\Task - Change OrderslArcadis {No 2) - U08-01-05 (Vacuum filter) doc
approve and authorize the City Manager to execute Amendment No.2 to Task Order No. ll08-
2 OJ-05 with ARCADlS U.S., Inc., for engineering services for the replacement of the vacuum
3 filter at the East Water Treatment PJant in the amount of$185,700.00 with a 5% contingency of
4 $9,285.00 for a total expenditure of $194.985.00, a copy of which is attached hereto as Exhibit
8
9
10
11
12 I
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
5 "A".
6
Section 3.
This Resolution shall become effective immediately upon passage.
7
PASSED AND ADOPTED this __ day of September, 2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor Jerry Taylor
Vice Mayor Woodrow 1.. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito. CMC
City Clerk
(Corporate Seal)
S\CA\RESO\Agreements\Tas~ _ Change Orders\Arcadis (No 2) - UDS-01-0t> (Vacuum filler) O:,)L
TASK ORDER NO U08-01-05 AMENDMENT NO.2
CITY OF BOYNTON BEACH EAST WATER TREATMENT PLANT
VACUUM FILTER REPLACEMENT
A. Background
ARCADlS is pleased to submit this proposal for engineering services in connection with the
vacuum filter replacement at the City of Boynton Beach, East Water Treatment Plant (WTP).
The existing vacuum filter is 30+ years old and is no longer in use. The second story of the filter
building has sustained significant hurricane damage and will require demolition of the existing
steel support structure and replacement with a concrete block type structure with a precast roof
deck.
ARCADlS herein referred to as the Engineer, shall perform the services as outlined below for
the City of Boynton Beach, herein referred to as the City.
-B. . Scope of. Services
The Engineer understands that the project will include demolition details for the existing vacuum
filter system and the second story of the building, along with the design of the new vacuum filter
system to replace the existing system at the City's East WTP. The system to be designed
includes the vacuum filter and its ancillary devices; piping, sludge feed pumps, second story
enclosure with access hatch for equipment removal and electrical/instrumentation and control
upgrades. The following specific tasks shall be performed by the Engineer:
Task 1 - Design
Prepare plans and technical specifications for the proposed vacuum filter system and its
ancillary devices to be installed at the City's East WTP. In general, the design shall include the
following:
a. Conduct a kickoff meeting at the City's office to establish project objectives and
confirm design criteria. Attendees of the kickoff meeting shall include
representatives of the Engineer and appropriate staff from the City.
b. Preparation of demolition plans and detail drawings for the decommissioning of
the existing vacuum filter, pumps and piping, along with the demolition of the
second story structure.
c. Preparation of civil, structural, mechanical, electrical/instrumentation and control
drawings for the installation of a new vacuum filter system including piping, feed
1
pumps. ancillary devices, equipment and revisions to the second floor structure
at the East WTP.
d. Preparation of civil and mechanical drawings for the installation of new drains
and piping within the iime building.
e. Submit a set of plans and a specification outline to the City at the 30%
completion level for review and comment. Upon the receipt of the 30%
comments, the Engineer will proceed to 60% completion and will submit a set of
plans and draft technical specifications for review and comment. The 90% review
will consist of a set of plans and draft specifications (with City provided up front
documents). The Engineer will meet with the City, at each review submittal (30%.
60%, 90% and final), to address any comments prior to revising the plans and
specifications. The Engineer shall provide an estimate of probable cost with each
submittal.
f. Upon receipt of the 90% review comments, the Engineer will proceed to
developing a final set of plans and specifications (with the City provided up-front
documents).
Task 2 - Permitting
At the 90% completion level, ARCADIS will prepare for City review and approval of the
necessary FDEP permit application documentation for the Palm Beach County Health
Department (PBCHD) submittal. Once the City has accepted the 90% design, the Engineer will
submit the permit to the PBCHD for processing. The Engineer will act as the Client's liaison with
the permitting agencies during the permitting process.
Once the FDEP/PBCHD permit has been received. the Engineer shall proceed with the 100%
design documents including all drawings and technical specifications.
Task 3 - Bidding Services
The Engineer shall assist the City in soliciting bids, attend the bid opening, evaluate the bids
and make a Recommendation of Award.
Task 4 - Services During Construction
The Engineer shall provide construction administration services to include the following:
1. Administration of the construction contract including the performance of all 'Engineer'
designated tasks set forth in the construction contract.
2. Preparation of the contract documents.
3. Attendance at a pre-construction meeting.
4. Respond to requests for information (RFI's) from the Contractor.
2
5. Non-full time inspection to include;
. Site visits from the ARCADIS electrical engineer as required to monitor
construction progress.
. Up to three (3) site visits per week from an ARCADIS inspector/engineer during
active construction periods
. Coordination with the City's Utility /Plant personnel
. Conduct punch list inspection at Substantial completion and Final Completion of
the project.
6. Bi-weekly progress meetings with City staff/ contractor.
7. Review of shop drawings.
8. Review and approval of contractor pay requests.
9. Attendance at Vacuum Filter start-up.
10. Preparation of final record drawings for the project and certification of completion to the
regulatory agencies.
11. A letter from ARCADIS acknowledging project completion to the City.
C. Assumptions
The'above--scope--is predicated-on the-assumption-that-the City shall furnish, at-no cost to the
Engineer, all available pertinent information including previous reports, plans, specifications,
permits and other data relevant to the performance of the above services for the project. The
Engineer, as noted above, assumes five (5) project meetings with the client; kickoff, 30%,60%,
90% and final. It is understood that modifications to the design criteria set forth herein or
modifications to a design criteria established at any of the reviews (30%. 60%, 90% and Final),
subsequent to said review, will constitute change of scope and associated change to fee and
time of performance. In addition, the City shall designate, in writing, a person to act as the
representative for services performed under this agreement.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18, 2008 between the
City of Boynton Beach and ARCADIS U.S., Inc.
E. Additional Services
If additional services are required in the performance of the above scope of services, beyond
those normally provided by the Engineer, which must be sublet, the Engineer shall order the
work after obtaining written authorization from the City. If the Engineer is requested to
subcontract any work directly then a 10% markup will be applied to the subcontractor invoice for
coordination services provided by the Engineer.
3
F. Obligations of the City
The following specific information and/or items shall be furnished at no cost to the Engineer:
1. Data prepared by or services by others including, but not limited to, all pertinent accurate
Record Drawings of the existing vacuum filter system which were completed as part of
any previous expansion and drawings of the Lime Building.
2. All permit application and government inspection fees.
3. City standard up- front contract items for the specification bid package.
G. Fees
The fees for this work will be per task as follows:
Engineering Services
Lump Sum
$ 102,750.00
$ 4,750.00
$ 4,450.00
$ 73,750.00
TOTAL $ 185,700.00
Task 1 - Design........................... ...... .................. .....
Task 2 ~ Permitting:.. ............ ......... ...... ......................
Task 3 - Bidding Services......... ......... ......... ................
Task 4 - Services During Construction................ ............
'The noted fee assumes construction will be completed within the construction period indicated
below.
H. Schedule
The completion dates for this work will be as follows (starting at written NTP).
Engineering Services
Time per Task
Task 1 -Design...........
120 days
Task 2 - Permitting............ ......... ............ .......................
60 days
Task 3 - Bidding Services......... ......... .....................
As required
Task 4 - Services During Construction............... ........
300 days
4
APPROVED BY:
CITY OF BOYNTON BEACH
By:
Kurt Bressner, City Manager
day of
Dated this
SUBMITTED BY:
ARCADIS U.S., INC.
By:
Dated this
2. k-r~
,2009
day of
., Associate Vice President
A 1J6Ll 5T
,2009
5
TASK ORDER NO U08-01-05 AMENDMENT NO.2
City of Boynton Beach East Water Treatment Plant Vacuum Filter Replacement
TASK 1 DESIGN
(180) Proj. (160) (120) I (100) (90) Sr. (50)
TASK Dir. Sr. PM Proj. Eng. Engineer Des. Admin SUBTOTAL
On-Site Meetirla(Kick-off) 3.0 3.0 3.0 - - 2.0 11.00
Field Work I Data Collection - - 6.0 4.0 6.0 - 16.00
Demolition Plans - - 12.0 8.0 26.0 - 46.00
Vac. Filter Desion 3.0 - 32.0 16.0 - - 48.00
Civil I Vac. Filter Dwq's - 8.0 4.0 16.0 no - 100.00
Structural Desion - 32.0 12.0 8.0 - - 52.00
Structural Dwo'sl Shop - - - 8.0 52.0 - 60.00
Mechanical DwO's - - 10.0 4.0 25.0 - 39.00
Coord. w/Electrical/lnstrumentation 4.0 16.0 - 14.0 - 34.00
Civil I Drains (a) Lime Bldg - 2.0 12.0 8.0 24.0 - 46.00
Draft Specifications - 4.0 12.0 12.0 - 16.0 44.00
30% Review Mtal Submittal 2.0 4.0 8.0 - 4.0 2.0 20.00
60% Review Mtol Submittal - 4.0 8.0 - 5.0 4.0 21.00
90% Review Mliil Submittal 2.0 4.0 8.0 - 5.0 4.0 23.00
Cost Estimate - 2.0 12.0 2.0 - 4.0 20.00
Final Review Mtol Submittal - 4.0 8.0 - 5.0 - 17.00
Final Plans/OAlOC 4.0 4.0 16.0 21.0 27.0 2.0 74.00
14.0 75.0 179.0 107.0 265.0 34.0 671.00
Subtotal $ 2,520.00 $ 12,000.00 $ 21,480.00 $10,700.00 $ 23,850.00 $1,700.00 $ 72,250.00
SUBCONTRACTOR (JH Ham Enaineering, In' $ 25,000.00
REIMBURSABLES (ARCADISl $ 5,500.00
TOTAL $ 102,750.00
...
8/24/O-~9
TASK 2 PERMITTING
(180) (160) (120) (90) Sr. (50)
TASK Proj. Dir. Sr. PM Proj. Eng. I Admin SUBTOTAL
! Des.
Permit Application .. 2.0 4.0 .. 2.5 8.50
Permit Submittal 1.0 2.0 6.0 3.0 2.0 14.00
Permit Responses 1.0 6.0 6.0 .. 1.5 14.50
2.0 10.0 16.0 3.0 6.0 37.00
Subtotal $ 360.00 $ 1,600.00 $ 1,920.00 $' 270.00 $ 300.00 $ 4,450.00
REIMBURSABLES $ 300.00
TOTAL $ 4,750.00
TASK 3 BIDDING SERVICES
,
(180) (160) (120) (90) Sr. (50)
TASK Proj. Dir. Sr. PM Proj. Eng. I Des. Admin SUBTOTAL
Sid Doc Set-up I Plottinq - - - 3.0 3.00
Doc Set-up I Sales - - 2.0 - 2.0 4.00
QfA - 2.0 4.0 - 1.0 7.00
Addendumsl Clarifications - 1.0 - 1.0 2.00
Pre-Sid Meeting - 2.0 4.0 - 2.0 8.00
Sid Openino - 3.0 - - 3.00
Sid Evalution 1.0 1.0 4.0 - 6.00
Sid Award 1.0 2.0 - 1.0 4.00
1.0 7.0 19.0 3.0 7.0 37.00
Subtotal $ 180.00 $ 1,120.00 $ 2,280.00 $ 270.00 $ 350.00 $ 4,200.00
Reimbursables $ 250.00
TOTAL $ 4,450.00
TASK ORDER NO UOP "1-05 AMENDMENT NO.2
City of Boynton Beach East Water .11ent Plant Vacuum Filter Replacement
TASK 4 SERVICES DURING CONSTRUCTION
(180) Proj. (160) (120) (90) Sr. (50)
'I Des.!
Dir. Sr. PM Proj. Eng. Admin
TASK !llnspect. SUBTOTAL
Contract Documents - - 4.0 , - 2.0
Pre-con Mtg 4.0 4.0 8.0 4.0 2.0
RFI's lest 4) - 2.0 8.0 4.0 4.0
Inspection - 20.0 60.0 225.0 40.0
ProQress MtQ 2.0 8.0 12.0 - 4.0
Shop Drawings - 4.0 40.0 . - 12.0
Pav Reauests 151 - 2.0 12.0 8.0 4.0
Start-up 4.0 8.0 32.0 - 4.0
Final Completion 2.0 4.0 16.0 4.0 6.0
Record Drawings 2.0 8.0
12.0 54.0 200.0 245.0 78.0 0.00
Subtotal $ 2,160.00 $ 8,640.00 $ 24,000.00 $22,050.00 $ 3,900.00 $ 60,750.00
SUBCONTRACTOR (JH Ham Enqineerinq, In' $ 9,500.00
Reimbursables $ 3,500.00
TOTAL $ 73,750.00
8/24/2009
Task Order No. W-08-01-05 Amendment No.2
Personnel
Project Director
Bill Reese
Sr. Project Manager
Tom Jensen
Electrical Sub.
Project Engineer
Jason Pugsley
Kris Dean
Sr. Designerllnspector
Tony Steffer
Jim Farrell
Admin.
Susan Gunn
Diana Walker
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. ON 'I'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\_
VI.-CONSENT AGENDA
ITEM C.6.
Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Form Must be
Meeting: Dates in to Citv Clerk's Office Turned in to Legal Turned in to Procurement
D Seotember I, 2009 August 17,2009 August 12. 2009 August 10. 2009
(gJ Seotember 1~ 2009 August 31, 2009 August 26, 2009 August 24. 2009
D
D
D Announcements/Presentations D City Manager's Reoort
NATURE OF D Administrative D New Business
AGENDA ITEM (gJ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Approve a motion authorizing the following actions necessary to build out and operate the
"Saiifish Cafe" in the Library.
(I) Amend the City's Capita] Improvement Plan (CI?) for FY 2008/09 by budgeting and appropriating $] 15,000 to
build out the Sailfish Cafe.
(2) Authorize City staff to act as general contractor to construct the improvements and award purchase orders to the
lowest bidders per trade.
(31 Approve a construction budget in the amount of$104,452 dollars plus a ten (10%) contingency and $48 for a total
project budget of $115,000.
(4) Approve the Lease Agreement between City of Boynton Beach and Ellie's Catering and authorize the City Manager
to execute the Agreement upon issuance of a Certificate of Occupancy and to be effective the first day of the month
thereafter
(5) Authorize (a) an interfund loan with interest at the annual rate of 3% from the Landfill Management Escrow Account
in the Sanitation Fund to the Capital Improvement Fund in order to provide a source of funds to cover construction
costs and (b 1 the repayment of the loan from revenue received by the General Fund from the above Lease Agreement
over a five year eight month (68 monthl totai period.
EXPLANATION: While the new Library was completed this past year providing the space for a cafe, that project did not
include the design and construction of the cafe itself. Then on March 17th, 2009. in order to operate the concession at the
cafe. the City Commission awarded a response to RFQ#024-26I 0-09/JA to Ellie's Catering and authorized staff to negotiate a
Lease Agreement for Concession Operations at Boynton Beach City Library Cafe; the "Saiifish Cafe". Accordingly, on April
3, 2009 the City issued a purchase order to JMW A Architects to perform space planning, construction plans, and interior
design services for the Cafe project. The plans were completed on June 23, 2009. To minimize costs, the City intends to act
as General Contractor and staff solicited pricing from vendors based on various trades. A minimum of three bids were
provided per trade and based on those proposals a budget was deveioped with City staff overseeing construction.
City staff will be utiiized to perform part of the construction and the remaining parts of the project will be awarded to the
lowest bidders per specific trades; which include electrical. piumbing, drywall & framing, flooring, appliances. furniture, and
millwork. The savings generated by City staff acting as General Contractor will be $] ] ,269 dollars as compared to the City
awarding the project to a general contractor
However, at a time when the City is considering deferring capital projects, staff is creatively recommending an interfund loan
from the Sanitation Fund (an Enterprise Fund) to provide funding for this small project. The funds will come from available
excess cash in an interest bearing mandatory Landfill Management Escrow Account that must be maintained for a 20-year
period to pay for potential post closure costs of the former City iandfill. That Account will loan the funds for this small
project at a 3% interest rate that is higher than currently earned, yet lower than an interest rate from a bank loan or bond. The
loan will be paid back from revenue generated from the Library Cafe Lease Agreement that will become available beginning
with the completion of this capita] project.
C'\Documcnls and Settmgs\pyleJ\Local SettmgslTemporary Internet Files\OLK5\Agenda Item Requesl- Sep IS 200Q (The Sailfish CafelR.doc
~''fYrO''
.... \
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~ON
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM rMPACT: The ne\\-' Cat!;: will be an integral part of the Library which will provide a necessary service to library
patrons and improve the experience of visitors to the Library Th~ Cafe will also be a resource for the City by offering
catering services for events in and around the City's municipal complex including the Library auditoriums
FISCAL IMPACT: The fiscal impact eiements follow.
Proiect Budllet Exoenditures
Construction Costs
Contingency (10% pius $48 rounding)
rota I Funding
$104,452
~ 10,548
$1 1 5,000
Funding Sources
Sanitation Fund Loan (_(!~' 3~iO per Annum
Sli.5:,OOIl
Loan Repayment - General Fund Cafe Lease
Payments Per Attached Loan Amortization Schedule
Loan Principal
Loan interest
$115,000
$ 10,955
$_125_~95 5
The projected payback period is 68 months (5 years and 8 months) based on the following Library Cafe Lease payment
schedule summarized as follows:
Month
1-6
7-12
13-24
25,36
37-48
49-60
61-67
68
Lease Payment
$1,000
$1,700
$1,800
$1,900
$1,995 (*)
$2.095 (* I
$2,200 (*)
S 875 (Final)
Totai
$ 6,000
S 10,200
$21,600
$ 21,800
$ 23,940
$25,140
$ i 5AOO
$:, 875
$J~~55
(*) Lease payments will increase 50'0 annually if extended by rene\val option.
The initial term of the lease is for 36 months and subject to two additional lwo year renewal periods for a potentiai lotal of
seven (7) years or 84 months that run beyond the above 68 month repaymenl schedule if the optional renewai periods are
exercised.
ALTERNA TIVES: Do not approve Lease Agreement, construction budget, or authorize staff' to act as general contractor and
award purchase orders to the subcontractors and elect to not have a cafe within our Ill.'\\-' LibraI)'
EXHIBITS:
A - Proposed !loor plan prepared by JMW A Architects.
B - Construction budget.
C, Lease Agreement betwee~I" City of Boynton Beach & Ellie's Catering.
D - L mliizatrn sChedu/. i
s Signature
)
> I j,'
L .,
\''''k'ttt (A~__
City Manager's Signature.
Public.: Works
.
~n~IU City Manager'
C____'" i
('it\' Attoml'y " Finance
Department Name
l' \Docum\.:nts and Scttlngs\pvkj\Lol.:al Sdtlngs\Tcrnporary Internet FilcslCJLK5\Agenda Itl,,:IT\ 1{i;4W':<.t - <';..:p 1:\ 2uO'1 iThe Sailtlsh l alcl]{,j,),'
1 RESOLUTION NO. R09-
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO EXECUTE A THREE YEAR LEASE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND ELLIE'S CATERING, INC., FOR THE
9 CONCESSION OPERATIONS AT THE CITY LIBRARY
10 CAFE; AUTHORIZING CITY STAFF TO ACT AS
11 GENERAL CONTRACTOR TO CONSTRUCT THE
12 IMPROVEMENTS AND AWARD PURCHASE ORDERS TO
13 THE LOWEST BIDDERS PER TRADE; APPROVE A
14 CONSTRUCTION BUDGET IN THE AMOUNT OF
15 $104,452.00 PLUS A 10% CONTINGENCY PLUS $48 FOR A
16 TOTAL PROJECT BUDGET OF $115,000.00;
17 AUTHORIZING AN INTERFUND LOAN AT THE
18 ANNUAL RATE OF 3%; AUTHORIZING AMENDMENT
19 TO THE CITY'S CAPITAL IMPROVEMENT PLAN FOR
20 FISCAL YEAR 2008/09; PROVIDING AN EFFECTIVE
-21 DATE;-- __H.m_
22
23 WHEREAS, on March 17,2009, the City Commission awarded a response to RFQ
24 024-2610-09/JA to Ellie's Catering, Inc., and authorized staff to negotiate a Lease
25 greement for Concession Operations at the Boynton Beach Library Cafe; and
26 WHEREAS, on April 3, 2009, the City issued a purchase order to JMWA Architects
27 0 perfonn space planning, construction plans, and interior design services for the Cafe which
28 ere completed on June 23, 2009; and
29 WHEREAS, City staff will be utilized to perfonn part of the construction and the
30 emaining parts of the project will be awarded to the lowest bidders per specific trades; and
31 WHEREAS, staff is recommending an interfund loan from the Sanitation Fund to
32 rovide funding for this project which will be paid back from revenue generated from the
33 Library Cafe Lease Agreement; and
\CC\WP\Resolutlons\2009'\Sailfish Cafe Llbrary_ooc
1 WHERl::AS, the City Commission will need to approve a constructlUn nudget in the
2 amount of $115,000 and amend the Cit)', Capital Improvement Plan for FIscal Year
3 2008/2009 by budgeting and appropriating the $115,000.00 to build out the SailfIsh Cafe.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
The foregoing "Whereas" clauses are hereby ratified and confIrmed as
Section 1.
7 being true and correct and are hereby made a specific part of this Resolution upon adoption
8 hereof.
9
The City Commission ofthe City of Boynton Beach hereby authorizes and
Section 2.
10 directs the City Manager to execute a Three Year Lease Agreement for Concession Operations at
11 the Boynton Beach City Library Cafe between tre City of Boynton Beach and Ellie's Catering,
12 lnc.. a copy of which is attached hereto as Exhibit "A"
13
The City Commission of the City of Boynton Beach hereby approves a
Section 3.
14 construction budget in the amount of $1 04,452.00 plus a 10% contingency and $48 for a total
15 project budget of $115,000.00.
16
Section 4.
The City Commission of the City of Boynton Beach hereby approves the
17 amendment of the City's Capital Improvement Pian (C!PI for fiscal year 2008/09 by budgeting
18 and appropriating $115,000.00 to build out the Sailfish Cafe.
19
The City Commission hereby authorizes staff to act as General Contractor
Section 5.
20 to construct the improvements and award purchase ordcrs to the lowest bidders per trade.
21
The City Commission hereby authorizes an interfund loan with interest at
Section 6.
22 the annual rate of 3% from the Landfill Management Escrmv Account in the Sanitation Fund to
23 the Capital Improvement Fund in order to provide a source of funds to cover construction costs
S\CA\RESOISailflsh Cale - Library doc
II
1 and the repayment of the loan from revenue received by the General Fund from the Lease
2 Agreement.
3
Section 7.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of September, 2009.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
11 Mayor - Jerry Taylor
12
13
14
15 Vice Mayor - Woodrow L. Hay
16
17
18
19 Commissioner - Ronald Weiland
20
21
22
23 Commissioner - Jose Rodriguez
24
25
26
27 Commissioner - Marlene Ross
28 ATTEST:
29
30
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37
38 (Corporate Seal)
39
40
S.\CAIRESOISaiWish Cafe L.lbrary_doc
SAILFISH CAFE
Loan Amortization Schedule
Enter Values LQ!..n ~ummai)'
ioari-'Amount! $ 115_,.9_qo,60 Scheduled Payment, $ 1,747.27-
Annual Interest Ratee 3000;;,- Scheduled Number of Payments ~~ n
loan Period In Years 6 Actual Number of Payments 68-
Number of Payments Per Year' 12 Tota\ Early Payments $
Start Date of loan 121~~OO9 Total Interest $ 10,95447
Optio~al Extra Pa~mentsl
PmtN Payment Beginning Scht:l'duled Total Principal Interest Ending
o. Date Balance Payment Payment Payment Payment Balance
1 1/1/2010 $ .. 115,000.00 $ 1,000.00 $ 1,000.00 $ 71250 $ 287.50 $ -'14,287.50
2 2/1/2010 114,26750 1,000.00 1,000.00 '1428 285.72 113.573.22
3 3/1/2010 113,573.22 1000.00 1,000,00 ;6 [Ii 28393 112,85715
4 4/1/2010 112,85715 1,00000 1,000.00 1:80 282.14 '112,139.29
5 5/1/2010 112,139.2:9 1,000.00 1,000,00 18.65 260.35 111 419.64
6 6/1f2010 111,419.64 1,000.00 1,000.00 ;'2~ 45 278.55 110,698.19
7 7/1f2010 110,698.19 1,700.00 1,700.00 1423.25 276.75 109,274.94
8 8/1/2010 109,274.94 1,700.00 1,70000 142681 273.19 107,848.12
9 9/1/2010 107,848.12 1,70000 1,70000 143038 26962 106.41775
10 10/1/2010 106,417.75 1,700_00 1,700_00 1,43396 266 04 104,983.79
11 11/112010 104,983.79 1,70000 1,70000 143754 262.46 103.546.25
12 12/1/2010 103,546.25 1,700.00 1,700,00 144113 258.87 102,105.11
13 1f1/2011 102,105,11 1,800.00 1,800.00 1.54474 255.26 100,560.38
14 2J1/2011 100,560.38 1,800.00 1,800.00 1548.60 251.40 99,011.78
15 3/1/2011 99,011.78 1,800.00 1,800.00 155247 24753 97,459.31
16 4f1/2011 97,459.31 1,800,00 1,800,00 1,556.35 243.65 95,902.96
17 5/1/2011 95,902.96 1,80000 1,800.00 156024 239.76 94,342,71
18 6f1l2011 94,342.71 1,80000 1,800.00 1.56414 23586 92,778.57
19 7/1/2011 92,778.&7 1,80000 1,800.00 1568.05 23195 91.210.52
20 8/112011 91,21052 1,800.00 1,800.00 ',.:'71,97 228,03 89,838.54
21 9/1/2011 58,63t1.54 1,800.GO ': ,600.00 ,~ _v 22-<110 85,052.64
22 10f1/2011 68,062.64 1. 800 00 1,800 DO 1 :'79.84 220,16 86,482.80
23 11/1/2011 86,482,80 1,800.00 1,800.00 158379 216.21 84,899.00
24 12/1/2011 84,899.00 1,800.00 1,600.00 1587.75 212.25 83,311.25
25 1f1f2012 83,311-.25 1,906,00 1,96o~6o- 1,69172 208~28 B1";61-9~53
26 2/1/2012 81,619,53 1,900.00 1,900.00 1.695,95 20405 79,923.58
27 3/1/2012 78,923.58 1,900,00 1,900.00 ,700.19 199.81 78,223.39
28 4/1f2012 78,223.39 1,900.00 1,900.00 ~704 44 195,56 76,518.94
29 5/1/2012 76,518,94 1,90000 1,900.00 ' 70870 191.30 74,810.24
30 6f1/2012 74,810,24 1,900.00 1,900,00 . -'1:'97 18703 73,097.27
31 7/1/2012 73,097.27 1.900,00 1,90000 .,.~ '.26 162.74 71,380.01
32 8/1/2012 71,38001 1,900.00 1.900.00 ,"2,55 17845 69,658,46
33 9/1/2012 69,658.46 1,900.00 1,900.00 ,725.85 174.15 67,932.61
34 10f1/2012 67,932.61 1,900.00 1,90000 InO.1? 169.83 66,202.44
35 11/1/2012 66,20244 1,90000 1,900.00 : -'3449 165,51 64,467.94
36 12/1/2012 64,467.94 1,900.00 1,900.00 1738.83 16",,17 62,729.11
37 1/112013 62,729.11 1,99500 1,995.00 1,838,18 15682 60,890.94
36 2/112013 60,890.94 1,995.00 1,995.00 " fi42 iT 152.23 59,048.16
39 3/1/2013 59,048.16 1,99500 1,99500 1847.38 14762 57,200,79
40 4/1/2013 57,200.79 1,995.00 1,995.00 .,85200 143.00 55,348.79
41 5f1f2013 55,348.79 1,995,00 1,995,00 185663 ;3837 53,492.16
42 6/1/2013 53,492.16 1,99500 1,995.00 18(;1.27 ,3373 51,630.89
43 7f1l2013 51,630.89 1,995.00 1,995.00 186592 12908 49,76497
44 8/1/2013 49,764,97 1,99500 1,99500 j 870.59 ,24.41 47,894.38
45 9/1/2013 47,894.38 199500 1,995.00 1,87526 11974 46,019,12
46 10/1/2013 46,019,12 1,995.00 1,995.00 1879,95 115.05 44,13916
47 11/1/2013 44,139.16 1,99500 1.99S,OC 884.6t1 110.35 42,254.5'1
48 12/1f2013 42,254.51 1,995.00 1,995.00 188936 105.64 40,365.15
49 1/1/2014 40,365.15 2,095.00 2,095.00 1,994,09 10091 38,371.06
50 2/1/2014 38,371.06 2,09500 2,095 00 1.999,07 9593 36,371,99
51 3/1/2014 36,371 99 2,095.00 2,095.00 200407 90.93 34,367.92
52 41112014 34,367.92 2,095,00 2,095.00 2. 009.0e 85.92 32.358,84
53 5/1/2014 32.358,84 2,095.00 2,095.00 201410 8090 30,344.73
54 6/1/2014 30,34413 2,095.00 2,095.00 ~:Oi 9 14 7586 28,325,60
55 7/1f2014 28,325.60 ? 095.00 2,095.00 ':,U2419 1081 26,301.41
56 8/1/2014 26,301.41 2,09500 2,09500 2029.25 6575 24.272.16
57 91112014 24,272 16 2095.00 2,095.00 ~,0:i4 32 6068 22,237,84
56 10f1f2014 22,237.84 2,095,00 2,09500 : 039.41 5559 20.198.44
59 11/1/2014 20,198.44 2,095.00 2,095.00 2.044.50 50,50 18,153.93
60 12/1/2014 18,153.93 2,09500 2,095 DO ~!.049 62 45.38 16,104 32
61 1/1f2015 16,104.32 2,200.00 2.200.00 2.15974 40.26 13,944.58
62 211/2015 13,944,58 2,20000 2.200.00 ::.1('.:; 14 34,86 11,77944
63 3/1f2015 11,779.44 ',200.00 2.200,00 " 17055 29.45 9,60889
64 4f1/2015 9,608.89 2,20000 2.200.00 :.'.17598 24.07 7432.91
65 5/112015 7,432.91 2.200.00 2.200,00 "- ltl'1 42 1858 5,251.50
66 6f1f2015 5.251.50 2,20000 2,200.00 218687 n13 3,064.62
67 7/1/2015 3,064.62 2.200,00 2,200,00 - ',9234 i 66 87229
68 8/1/2015 872.29 87447 87447 ~"2 :?9 18 [lOD
$ 125,9')447 $ 11" ')0000 $ 10,9544
S:\Finance\Bonds & I oans\ \ Sailfish Cafe \ Amortization Table
"THREE-YEAR LEASE AGREEMENT
CONCESSION OPERATIONS AT BOYNTON BEACH
CITY LIBRARY CAFE"
LOCATED AT
208 SOUTH SEACREST BOULEVARD. BOYNTON BEACH. FLORIDA
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and ELLIE'S CATERING. INC. hereinafter referred to as "the Concessionaire",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform the
concession operations in connection with the project designated "THREE-YEAR LEASE FOR
CONCESSION OPERATIONS AT BOYNTON BEACH CITY LIBRARY CAFE"
LOCATED AT 208 SOUTH SEACREST BOULEVARD. BOYNTON BEACH. FLORIDA
2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified in Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to Concessionaire a portion ofthe
designated City facility located at the Boynton Beach City Library and more particularly
described as "Library Cafe", located within Boynton Beach City Library, is a cafe area of
approximately seven hUridred ninety-two (792) square feet; as well as up to one hundred sixty-
one (160) square feet of storage space to be determined by the Library Director. The space is
designated as the "Library Cafe", and is owned by the City of Boynton Beach, Florida and
operated for the selling of food and beverages for library patrons."
4. TERM OF LEASE. Work under this contract shall commence upon the giving of written
notice by the City to the Concessionaire to proceed. This lease agreement shall be in force for a
period of three (3) years, unless sooner terminated as provided in Section 14, Termination. This
lease shall be effective
5. PAYMENT. The Concessionaire shall pay the City the lease payment as outlined below over
the term of the lease agreement.
Term Year (Months) Lease Pavrnent
1...................... 0-6.......... ....... ...... $1,000.00
1......................7-12..................... $1,700.00
2...................... 13-24..... ...... ......... $1,800.00
3...................... 25-36.................... $1,900.00
Lease payments will be increase by 5% annually if extended by renewal option as outlined in
Exhibit "A".
a. Said payment shall be made and received by the City on or before the I st day of each and
every month. A late fee of 15% will be charged for payments received after the 5th day of each
month. Any monthly payment not received by the 25th day of each month shall be subject to a
15% late fee and shall be grounds for termination of this agreement.
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b. Concessionaire will keep accurate records of all sales and receipts through the USe. 'i
electronic cash registers, which provide daily tapes and reports. The ConcessionaIre Wl]] prcpar.
a monthly report to the Library Director. The City will have the right to inspect lht hooks,
records and inventories of the Concessionaire at any reasonable time. Monthly reports shall be
due on the 5th day of each month to the Library Director.
c. Final payment of any balance due the City of the total contract price will be made promptly
upon its ascertainment and verification by the City after the completion of concession services
under this agreement and its acceptance by the City.
d. Security deposit of$l,OOO.OO made by Concessionaire at time of award will be retumeJ to
Concessionaire at the end of the term, without interest, after determinatIon that the
Concessionaire has fulfilled all terms of the lease and left the premises In adequate condition, as
determined by the Library Director.
e. The Concessionaire's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3) years
after final payments. Copies shall be made available upon request.
6. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services
contemplated by this service agreement, faithfully observe and comply with all federal, state and
local la""s,_ ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Concessionaire's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Concessionaire.
8. INSURANCE. The Concessionaire shall secure and maintain III force throughout the
duration of this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1 ,OOO.OUO per
occurrence/aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thIrty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution ofthis agreement.
9. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the
Concessionaire is an independent contractor with respect to the services provided pursuant to tl1lS
agreement. Nothing in this agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither Concessionaire nor any employee of
Concessionaire shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer WIth respect lu
Concessionaire, or any employee of Concessionaire.
CA-2
10. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has
not employed or retained any company or person, other than a bonafide employee working solely
for the Concessionaire, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Concessionaire,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this agreement
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
11. DISCRIMINATION PROHIBITED. THE CONCESSIONAIRE, WITH REGARD
TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT
DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR
SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR
PROCUREMENT OF MATERIALS OR SUPPLIES.
12. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered
by this agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Concessionaire.
b. In the event of the death of a member, partner or officer of the Concessionaire, or any
of its supervisory personnel assigned to the project, the surviving members of the
Concessionaire hereby agree to complete the work under the terms of this agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations of
this agreement between surviving members of the Concessionaire and the City, if the
City so chooses.
c. This lease agreement may be terminated immediately for default of monthly payment
as stated in Section 4, "Term of Lease".
d. This lease agreement may, at the option of the City, be terminated immediately if the
Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit
of creditors or be convicted of a crime or any other similar gross misconduct.
CA-3
15.
RENEW AL. The lease agreement has an option to renew the contract jc)r twu = i addiliu,
two (2) year periods as stated in original proposal submitted. sub,ect tLl vendc'l aCl'e""" '.
satisfact~ry performance and dete~inati;n that renewal wlll be om the besl !11leresi ul
City, at the City's sole discretion.
il:.
16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach City Library
208 South Seacrest Boulevard
Boynton Beach, FL 33435
Attn: Craig Clark, Library Director
Notices to Concessionaire shall be sent to the following address:
Ellie's Catering, Inc.
2410 N. Federal Highway
Delray Beach, Fl 33483
Attn: James Guilbeault
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Concessionaire and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and
Concessionaire.
CA-4
DATED this _ day of
,20_
CITY OF BOYNTON BEACH
City Manager
Attest! Authenticated:
City Clerk
Approved as to Form:
Office of the City Attorney
Rev. 1/22/91
CA-5
Concessionaire
Title
(Corporate Seal)
Attest! Authenticated:
Secretary
EXHIBlT "A"
SCOPE OF SERVICES
Concessionaire:
1. Concessionaire shall pay a monthly lease payment to the City for the three years. Upon
renewal; the lease payment will be negotiable.
2. Concessionaire shall submit a sample written menu with proposal to include the brand name
of the product being offered and a detailed description of the item
3. Concessionaire shall provide all working capital, operating equipment, and Inventory
necessary to effectively manage the concession.
4. The City will pay for all electric bills for the Library Cafe up to $250.00 dollars per month.
Concessionaire will be responsible for payment of electric bills related to the
concessionaire's operation in excess of$250.00 per month. A separate metering device will
be provided by the City and bills will be based on usage and existing electric rates for the
City Library. The average electric bill is being estimated at 250.00/month.
5. The City reserves the right, or any organization granted powers as their agent, to sell food
and beverages for special community event ]Jrogr<llIlsof short duration as scheduled by the
City. A short duration is defined as one (1) to three (3) days.
6. The City shall not operate any competing concessions at Boynton Beach City Library
without the Concessionaire's approval, or without the Concessionaire having the first option
as to additional operations.
7. The Concessionaire will sell food and beverages as allowed by the City of Boynton Beach
for the exclusive use by residents and visitors to the Boynton Beach City Library.
8. Concessionaire may offer non-consumables for sale. Non-consumables may include, but are
not limited to books, newspapers, and novelty items; however, the City of Boynton reserves
the right to have the final approval of such items. No alcohol or tobacco products shal I be
offered for sale.
9. The Library may request Concessionaire to offer the sale oft-shirts, hats, and other
merchandise fashioned with the Library logo. These items will be inventoried by the City and
all proceeds from their sale will be paid to the City in addition to the monthly lease payment.
10. City shall not be responsible for any goods or equipment stored at the concession nor
will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism,
explosion and/or other causes.
i i. The City reserves the right to inspect premises at any time.
CA-6
12. The Concessionaire shall keep accurate records of all sales and receipts through the use of
electronic cash registers which provide daily tapes and reports. The Concessionaire will
prepare a monthly report to the City and attach copies of the daily tapes of each report; report
will be due the 5th of each month although the lease payment is due the 1st of each month.
The City shall have the right to inspect the books, records and inventories of the
Concessionaire at any reasonable time.
13. At time of award, the Concessionaire shall file with Library Director, a $1,000 security
deposit, refundable at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition,
as determined by the Recreation Director.
14. The Concessionaire shall not alter the character, structure, interior decoration or surfaces of
the premises with out the prior consent of the City in writing.
15. The Concessionaire shall furnish and install at its own expense all necessary telephone,
cable/satellite, and auxiliary equipment, and pay all costs incurred from said telephone and
cable/satellite equipment.
Food Products:
1. All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept for sale,
. shall oe-i5fFIRST QUALITVimd confOim in'all respects to the federal, state, arid municipal
food and other laws, ordinances, and regulations.
2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and all products
kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable
products shall not be sold at any time.
3. Concessionaire shall utilize Branded Products (i.e. Barney's Coffee, Pepsi, Coca Cola, etc.).
4. The Concessionaire will be responsible for the purchase, inventory and security of all food
products offered for sale in the concession.
5. The Concessionaire shall arrange for the delivery of supplies used at the concession site at
times and in a manner so that such deliveries do not create congestion or undue interference
with regular operation and maintenance of the site.
6. Items sold by the Concessionaire are restricted by the City of Boynton Beach as follows:
Deep fat frying is not permitted:
. Bagels
. Muffins
. Condiments for Bagels
. Prepackaged sandwiches
. Prepackaged Salads with Prepackaged Dressing
. Prepackaged potato chips, peanuts, etc.
. Candy
CA-7
. Pizza
. Prepackaged bakery goods
. Ice cream, ice cream bars, and other dairy products
· Soft drinks, coffee, and tea
7. City shall reserve the right to "taste test" all menu items to ensure quality.
8. City shall have the final approval on what menu items are used. Approval will not be
unreasonably withheld.
9. The Concessionaire will be responsible for pest control.
Equipment:
1. The City will provide essential equipment for the operation of the cafe. An inventory of
essential equipment provided by the City is attached hereto in EXHIBIT "B". Concessionaire
will responsible to provide all other concession equipment that is required to operate and
maintain the cafe. Equipment may include, but is not limited to microwave/convection oven
combo, soup wanners, coffee brewer, tea brewer, toaster; conveyor type, soft serve ice cream
machine, paper napkin dispensers, cash registers, credit card machines, a:m.Lur clcanm~
equipment.
2. The Concessionaire will be responsible for maintenance and repair of all City owned
equipment located in the cafe, further defined and listed in EXHIBIT "B" attached hereto.
3. All concession sales will utilize disposable plates, cups and cutlery.
Signagel Advertising:
1. Signs, advertising materials, posters, and other such material used by the Concessionaire shall
be subject to the approval of the Library Director.
Hours and Dates of Operations:
I. The Concessionaire shall be open for operations a minimum of five (5) days per week WIth
the following schedule: Monday thru Thursday, 9:00 a.m. to 6:00 p.m. and Saturday 9:UO
a.m. to 5 :00 p.m. The Concessionaire at its discretion will be allowed to expand hours of
operation subject to prior approval from the Library Director. Approval will not be
unreasonably witWleld. Total available hours are subject to the regulations of the CIty of
Boynton Beach. Exact time of opening and closing may have variations if approved by the
Library Director.
Security:
I. The Concessionaire will coordinate with Library Director to ensure that operation of the cafe
does not interfere or circumvent the safe and secure operation of the Library.
CA-~
2. The Concessionaire and all its employees will be required to obtain proper identification from
the City of Boynton Beach Police Department and will be required to wear id at all times
Outdoor Seating:
1. The Concessionaire at its discretion will be allowed to have outdoor seating. The
Concessionaire will be responsible to provide all seating and required to obtain any permits
from the appropriate governing agency. City shall have the final approval on number seats,
type of seating, storage and use of seating, and location of outdoor seating. Approval will not
be unreasonably withheld.
2. The Concessionaire will be responsible for setting up, storing, and maintaining all outdoor
seating.
Concession Personnel:
I. The Concessionaire will provide, supervise, and compensate all concession employees. The
staff will be employees of the Concessionaire, not the City. The Concessionaire shall at all
times be an independent contractor and the agreement shall not in any way create or form a
partnership or joint venture with the City. No agent, servant, or employee of the
Concessionaire shall under any circumstances be deemed an agent, servant, or employee of
the City: -.---~.
2. Concessionaire must conduct regularly scheduled training sessions throughout the year, as
approved by the City, for all personnel. At a minimum, the training will consist of Customer
Service skills training. Documentation oftraining shall be sent to the Library Director.
3. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited
inside the Boynton Beach City Library buildings including the cafe area.
4. Concessionaire's staff shall be at all times neatly and cleanly dressed.
5. Vendor shall provide a list of employees to the city and provide proof that employer has
conducted a background check with the State of Florida Department of Law Enforcement
and the results of the background check for each employee who will be working at the
concession stand. City shall retain the right to prohibit an employee from working at the
concession stand based on the results of the background check.
6. Concessionaire shall employ only competent personnel to perform concession services. In
the event the City, in its sole discretion, at any time during the term of this lease agreement,
desires the removal of any person or persons employed by Concessionaire to perform
concession services pursuant to this lease agreement, Concessionaire shall remove any such
person immediately upon receiving notice from the City of the desire of the City for the
removal of such person or persons.
7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the
products used in the performance of the contract on the premises. The MSDS's shall be
accessible to the Concessionaire's employees and to City employees for the purpose of
CA-9
reference with regard to toxic and hazardous properties, precautions to take and what t" do I,
case of an emergency.
Sanitation:
1. Concessionaire will be responsible for bringing their trash and garbage to the dcsib'llated
dumpster or recycling areas.
2. The Concessionaire shall maintain the premises in a clean and tenantable condition and will
make every effort to assist the City in keeping the area free from debris and litter.
3. Concessionaire is responsible for complying with all recycling rules, regulations, and 13ws OJ
the City and/or appropriate governmental bodies.
Term of Contract:
I. The lease agreement shall be for a period of three (3) years WIth an option to renew for two
(2) additional two (2) year periods, subject to vendor acceptance, satisfactory performance
and determination that renewal will be in the best interest of the City.
2. Monthly payment to City shall be due the first (l st).of each month. Any monthly payment not
received by the 5th of the month shall be subject to a 15%late fee. Any monthly payment not
rec'dvedhythe-2Sth of the month shalibesuhject to a 15% late fee and shall be grounds for
termination of contract.
3. The City reserves the right to terminate lease agreement thirty (30) days after delivery of
written notice of such termination and reason(s) for the lease termination.
4. This lease agreement may, at the option of the City, be terminated immediately if the
Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of
creditors or be convicted of a crime or any other similar gross misconduct.
CA-llI
EXHIBIT "B"
INVENTORY OF EQUIPMENT
EQUIPMENT SCHEDULE
Item
No Qty Eauioment Cateao,ry Model Nu mber SUPPLI ED BY
1 2 Display Co..... Ref Mgel"<lted GDM-+!;
3 1 Cabinet with Sinks Cusl:om
4 , Grease Trap' GT-1'4
5 1 Coffe" l.Ioker. Nrpot. Iwtomotl" 10a8 '11/7752 Concenionoire
6 1 loed Tea B:re'W,er 674-0 Concenianoire
6 1 T0CI5ter~ C""!\Ie)'Or QCS1' -:360 Concenionoire
9 1 Oven. lJiero'l'lovejConveellon. Comb! ACE206 Coneeasfonalre
11 1 Relrigel"<ltor, Undercounter TUR-'l8SlJ
12 1 Freezer ~ Underc<xJnter TUr -48SD
15 1 Soup Merchandiser 84290 Co nccuioncire
16 1 msplay Co...., Self-Serv... Ref rigero.", HUDLR3852
17 , msploy Co.e. Self-Serye, Ref rig""'!'" HUR LR3852
18 1 Soft: Serve Olspencer 161 Concessionaire
21 2 Cispenser. Napkin H2000SC
22 4- Dispenser, Cup C5200CH
25 1 orspenser. icejBeverolle By Vendor
26 1 I ce !,.taker '11/0 Sin ICE0320FW
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VI.-CONSENT AGENDA
ITEM C.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetioe Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement
Dates Office
[ September I, 2009 Auoust 17, 2009 AuoUS112,2009 Auoust 10, 2009
[gI September 14, 2009 August 31, 2009 Auous! 26, 2009 Auoust 24, 2009
0
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0 AnnouncementsJPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA IrEM [gI Consent Al!enda 0 Leoai
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Pubiic Hearing 0
RECOMMENDATION: Authorize resolution authorizing contract with Special Teams LLC (Donna Brosemer) for
completion of annexation project via Interlocal Service Boundary Agreements (ISBA), Educational Advisory Board Services,
Economic Development Program support and for other activities as authorized by City Manager or requested by the City
Commission.
EXPLANATION: On June 2, 2009, the City Commission authorized an annexation program using the Interloca! Service
Boundary Agreement (ISBA) using Ms. Brosemer's firm Special Teams LLC. In addition, the proposed scope of services
agreement provides assistance to the City in working with the School District on issues of mutual interest. This work would
be coordinated, as needed between the City Manager, the Consultant and the Commissioner Ross. The third major project is
to assist the City stalfwith Economic Development activities including liaison work in Tallahassee, Palm Beach County and
the Business Development Board, as needed.
PROGRAM IMPACT: The main work will be on the ISBA project and will allow annexation of parcels to proceed. Based
on estimates in June 2009, this will provide additional taxable value and property tax revenue to the City.
FISCAL IMPACT: The two examples cited in the June 2009 stalfreport for two annexations woutd yield approximately
$400,000 in property tax revenue to the City. The projected cost of the professional services contract with Special Teams
LLC is $31,500. The agreement is for the period of November 1,2009 through October 31. 2010.
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Department Head's S~ture City Manager's Signature.
,Assistant to City Manager~_
\
,
Public Affairs
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
City Attorney I Finance
2 RESOLUTION NO. R09-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE AN AGREEMENT FOR
8 PROFESSIONAL SERVICES BETWEEN CITY OF
9 BOYNTON BEACH AND SPECIAL TEAMS LLC., FOR
10 COMPLETION OF ANNEXATION PROJECT AND FOR
11 OTHER SPECIFIC PROJECTS AND ACTIVITIES; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, upon
16 recommendation of staff, deems it to be in the best interests of the citizens and residents of the
17 City of Boynton Beach, to enter into an agreement with Special Teams LLC., to provide
18 professional services for the annexation program using the lnterJocaJ Service Boundary
19 Agreement (lSBA) and other specific projects and activities as set forth on the Agreement for
20 Professional Services between the City of Boynton Beach and Special reams, LLC.. and to
21 authorize the City Manager and City Clerk to execute said Agreement;
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
25 ratified and confirmed by the City Commission.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby authorize and direct the City Manager and City Clerk to execute an Agreement
28 between the City of Boynton Beach and Special Teams LLl ., to provide professIOnal ,ervices
29 for specific projects and activities as set forth on the /\greement for Professional Services
30 between the City of Boynton Beach and Special Teams, LLC" a copy of which Agreement is
31 attached hereto as Exhibit "A".
32
~ection 3.
This Resolution shall become effective immediately upon passage.
S ICAIRFSlllAgreeml'nlslPQlitically Corfe:::1100~06 do,
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20-ATTEST:
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24 Janet M. Prainito, CMC
25 City Clerk
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30 (Corporate Seal)
PASSED AND ADOPTED this _ day of September, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:\CAIRESO\AgreemenIS\Politically Correct 100306 doc
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF BOYNTON BEACH AND
SPECIAL TEAMS LLC
The following is an Agreement between the City of Boynton Beach, hereinafter referred to
as "CITY," and the firm of Special Teams LLC, a Fiorida corporation, hereinafter referred to as
"CONTRACTOR. "
WHEREAS, CONTRACTOR is a duly qualified expert in the field of government relations.
WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it
is necessary and desirable to employ the services of CONTRACTOR to assist the City
Manager with special projects approved by the City Commission.
PART 1- SPECIAL PROVISIONS
A. GOVERNMENT RELATIONS: CONTRACTOR will take all actions
necessary and appropriate to represent the CITY at the state and local levels with elected officials.
agency and government staff, regarding pertinent issues and funding opportunities;
. Issues research. CONTRACTOR offers its extensive eXperience and background in
legal research to advise as to appropriate action as requested by the commission;
. Issues strategies. CONTRACTOR will recommend strategies as requested to best
address city issues and objectives;
. Special projects implementation. CONTRACTOR will work with staff to carry out
issue objectives as identified by the commission.
B ANNEXATION
On June 2, 2009 the Boynton Beach City Commission directed the negotiation and development of
an Interlocal Service Boundary Agreement (ISBA) with Palm Beach County. Special Teams will'
X .1 Work with City and County staff to identify ISBA boundaries,
X - Establish priorities, timelines and workplan;
X l Meet with stakeholders to identify and, if possible, resolve issues proactively to facilitate
future action;
X l Develop communications strategies between the City and other governments, as well
as between the City, residents and local businesses,
X - Develop appropriate annexation strategies as permitted by statute and directed by the
Boynton Beach City Commission; and
X I Any and all other duties that arise through the development and implementation of the
ISBA process
This project is anticipated to take approximately one year for the development of the ISBA.
Timeline for implementation will be at the discretion of the Boynton Beach City Commission.
C.
EDUCATION ADVISORY BOARD AND TASK FORCE
The Boynton Beach City Commission has identified the creation of an education advisory board as
a priority aimed at reducing crime, delinquency and drop-out rates at local schools. Special
Teams will:
n Work with Palm Beach County School District and local school staffs to identify the areas of
greatest need and the ways in which the City may best assist the District;
n Work with Boynton Beach elected officials and staff to identify those whose skills would
best address the goals and objectives of the advisory board;
n Coordinate and facilitate the establishment of the advisory board, including invitations to
prospective members, meeting schedules and arrangements, and initial meeting
organization;
o Establish regular communications with both the City and the Palm Beach County School
District to report on the advisory board's progress, challenges and recommendations.
This advisory board is not a terminal project; its goals and objectives are likely to be on-going.
Special Teams' role at this time is organizational.
D.
ECONOMIC DEVELOPMENT
The Boynton Beach City Commission identified as a priority the establishment of a city Economic
Development Team to preserve light industrial land and attract businesses to offer new jobs. The
team's goals have been outlined by the Commission as:
n Responsible for creating proactive strategies, policies and programs that would stimulate
economic development through business expansion, retention and recruitment of value-
added employment opportunities;
n Able to perform the inventory of vacant light industrial/commercial properties, as
recommended by staff in the previous recommendation;
o working with outside agencies such as the PBC Business Development Board, Economic
Development Research Institute and the County Economic Development Department to
assess the most appropriate industry/commercial ciusters for the City (new and existing)
and create criteria for analysis of potential iand use. Once identified, a strategy would be
formulated to identify and pursue the desirable business clusters.
Special Teams will:
n Work with city elected officials and staff to identify appropriate participants from both inside
and outside City government;
n Coordinate and facilitate the establishment of the economic development team, including
invitations to prospective members, meeting schedules and arrangements, and initial
meeting organization;
I Establish regular communications with the City and other participants to report on the
advisory board's progress, challenges and recommendations.
This team is not a terminal project; its goals and objectives are likely to be on-going.
Special Teams' role at this time is organizational.
2
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C.
PROJECT FOLLOW-uP
X Facilitation of the Boynton Inlet project with Palm Beach County;
X Government relations assistance as needed.
Other provisions
The CITY of Boynton Beach will cooperate fully by providing all necessary staff time, and data and
fiscal analysis as needed, and disclosing all material facts which will assist in providing the
requested services.
Regular activity reports will be submitted to the CITY of Boynton Beach by Special Teams in either
written or oral form. This agreement becomes effective upon receipt of payment.
Special Teams neither promises nor warrants any particular outcome or result in this matter The
projects described herein may require more than one calendar year to complete
B. SPECIAL SERVICES: The CITY may from time to time request that
CONTRACTOR perform special services related to specific projects that affect the operation of the
CITY. For example, CONTRACTOR may be called upon to assist the CITY with a new project or
represent the CITY or otherwise advance the CITY's interests in an area not designated herein.
C. PAYMENT: CONTRACTOR's compensation for General Services described
in Part I above shall be $31,500 per year. A monthly fee invoice shall be submitted by
CONTRACTOR at the first of each month representing 1/12 of the annuai fee. The CITY shail
compensate CONTRACTOR for Special Services at the rate of $45 per hour, plus costs. The CITY
shall reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the
limitations and requirements of Section 112.061, Florida Statutes.
D. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will
have Donna Brosemer, President of CONTRACTOR's firm, to the performance of
CONTRACTOR's duties hereunder, and has relied on that representation as an inducement to
entering into this Agreement.
PART II - GENERAL PROVISIONS
A. ASSIGNMENT AND DELEGATION: Neither party hereto shail assign or delegate
any interest in or duty under this Agreement without written consent to the other. and no
assignment shall be of any force or effect whatsoever unless and until the other party shall have so
consented.
B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in
performing the services hereinafter specified, shall act as an independent contractor and shall
have control of the work and the manner in which it is performed CONTRACTOR is not to be
considered an agent or employee of CITY and is not entitled to participate in any pension plan
insurance, bonus, or similar benefits CITY provides its employees
C METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING
PAYMENTS: All notices, bills, and payments shall be made in writing and may be given by
personal delivery, e-mail or by mail. Notices, bills and payments sent by mail should be addressed
as follows.
3
CITY:
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
561-742-6010
CONTRACTOR:
Donna Brosemer
Special Teams LLC
PO Box 32726
Palm Beach Gardens, FL 33420
561-775-1072
D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal,
state, and local laws, rules, and regulations in regard to non-discriminations in employment
because of race, color, ancestry, national origin, religion, sex, age, marital status, medicai
condition, or physical or mental disability.
E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws
of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112, Florida
Statutes, as amended, and agrees that it will fully comply in-all respects with the terms of said laws.
F. TERM OF AGREEMENT: The term of this contract shall be from November 1,
2009, until October 31,2010. Cancellation of this contract may be by either party in writing per
Paragraph C with 90 days notice.
G. JURISDICTION: This Agreement and performance hereunder and all suits and
special proceedings hereunder shall be construed in accordance with the laws of the State of
Florida. In any action, special proceeding or other proceeding that may be brought arising out of,
in connection with, or by reason of this Agreement, the laws of the State of Florida shall be
applicable and shall govern to the exclusion of the law of any other forum, without regard to the
jurisdiction in which the action of special proceeding may be instituted.
H. VENUE: Any and all legal action necessary to enforce this Agreement will be held
in Palm Beach County, Florida.
IN WiTNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Kurt Bressner, City Manager
City Clerk
SPECIAL TEAMS LLC
Witnesses:
Donna Brosemer, President
4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Date Final Form Must be 1 r Requested City -1 Date Final Form Must be 1
Commission Meetin~ Turned in to Citv Clerk's I I Commission Meetinl! Dates Turned in to City Clerk's i
Dates Office , ..---L-- ---_. Office
, ~
Anril 6, 2009 lNoon) n ,
0 Aoril 21. 2009 June 16,2009 - I June J, 2009 (Noon) i
Anril 20. 2009INoon \ n Julv 7. 2009 -----.J
n Mav 5. 2009 - June 15, 2009 (Noon) ~
i
0 Mav 19.2009 Mav 4, 2009rNoon\ n Ju\' 21. 2009 July 6. 2009 INoon)
-..
,
x June 2, 2009 Mav 18. 2009 !Noon I TI August 4. 2009 ___ July 20, 2009 INoon, ---j
..--. .
NATURE OF
AGENDA ITEM
Unfinished Business I
~ --'------j
t
al Settlements
~~W~:i:ee:Ss Re ort '---"l
Legal
AnnouncementsfPresentations
Public Hearin
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RECOMMENDATION: Authorize staff to begin process to create Interlocal Service Boundary Agreement (ISBA) with
Palm Beach County.
EXPLANATION: The Florida legislature encourages annexation to improve service provision. Florida Statute Creates
numerous methods by which properties may be annexed.
For the last several years, the City has studied which parcels may be annexed using existing procedures. None of the
properties within the City's future annexation area can be annexed using existing statutoI)' structures.
The legislature recognized that annexations must often be strategically planned, rather than implemented in a piecemeal
fashion. In 2005, they created the Interlocal Service Boundary Agreement to serve as a long-range strategic annexation
plan.
This agreement is negotiated between the City and the County and provides valuable tools to facilitate annexation that do not
exist without it. The process includes:
. Identification of area to be considered for annexation;
. Review of all service provision considerations by appropriate departments, including transportation, environmental,
public safety and fire-rescue; and
. Input from stakeholders.
This agreement does not reauire that any particular parcels must be annexed, or that any annexations must occur In a
particular time period. It can be written to be implemented over a 20-year period. ]15 primary purpose is to simplify the
process by studying the entire area at one time, rather than parcel-by-parcel. It allows new procedures, and provides new
tools not available without it.
For example, Palmyra has a water service agreement with an enforceable annexation clause. It meets all statutory
requirements to be annexed. However, because its annexation would create an enclave of two parcels, the City is not allowed
to enforce the annexation clause. With an ISBA, the City would be permitted to annex Palmyra atld address the issue oftne
enclaves separately
S:\BULLETIN\fORMS\AGENDA ITEM REQUEST FORM. DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
,
Two cities in Palm Beach County are currently working with Palm Beach County via the ISBA process. Palm Springs
completed the process in November 2008 and Greenacres is currently working on their ISBA with Palm Beach County Palm
Beach County staff has recommended that Boynton's future annexations are best approached in the context of an ISBA \1'
create a long-range plan and simplify its implementation.
PROGRAM IMPACT:
Annexation improves service delivery and increases city property tax revenues.
FISCAL IMPACT:
d
fr
fG
dPI
Estimate revenue om annexatIOn 0 atewav an amyra:
Ad Valorem
Number of Total Taxable Tax Revenue Fire TOTAL
Deveiopment parceis/ Value (2008/2009 Assessment REVENUE
Housing units millage rate $68/unit
6.4553)
Palmyra 136/119 units $ 28,625,928 $ 184.789 $ 8.092 $ 192,881
Gateway Club 8/319 units $ 30,547,259 $ 197,192 $ 21.693 $ 218,885
Apartments
TOTAL 144/438 units $ 59,173,187 $ 381,981 $ 29,785 $ 411,766
The cost to the City for this project is expected to be $5,000 for possible City legal costs to prepare the interlocal agreements
and resolutions. The City plans to use a combination ofCit)! staff and Ms. Donna Brosemer (already under contract with the
City) for the staff work associated with the ISBA process. Assuming a completion date of March 2010 with a start date of
Juiy, Ms. Brosemer's fee will be $23,625' ($7,875 already budgeted FY 08-09). The estimated total cost to the City would
be $28,625. Jfthe County does the planning work, the additionai cost is estimated [0 be $5.000 however, the County
presently does not charge for their staff time if the municipality does the data gathering and planning work. (*Ms. Brosemer"s
contract is for a set fee of$2,625/mo for multiple projects.) If the project is completed in March 20]0. the City \..'iJI see
additional property tax on annexations beginning in 20] J 'fwe can fast-track a sector area for these two parcels in 2(l(l9 \I
receive revenue in 2010, we will do so.
ALTERNATIVES:
forego anne;at9ns except on occasional, piecemeal basis and leave the boundaries su
~k~~
Department Head's Signature City Mager's Signature, ,
Assislant to City Manager ~_
Department Name
City Attorney I Finance
S \BUtLETIN\FORMS\A(iFNDA ITEM REQUEST FORM DOC
Interlocal Service Boundary
Agreements
A new tool for long-
range strategic planning
City of Boynton Beach
.. . The Florida legislature encourages
annexation to
- improve service delivery and
.. square off municipal boundaries
1
. Dozens of parcels have water service
agreements with Boynton Beach that include
annexation clauses---the owners have
already agreed to be annexed.
. After thorough study, Boynton Beach cannot
annex even those with voluntary annexation
clauses because of small details in statutory
requirements.
Palmyra - SW Corner-
Hypoluxo and Lawrence
Qualifies for annexation'
. WSA with voluntary
annexation clause; and
. Contiguous to city
boundaries
. However, Creates an
enclave (two parcels I
!.
Gateway Apts - NE corner of
Gateway and Lawrence
. Contiguous to city
boundaries; and
. Voluntary annexation clause
inWSA.
. However, creates small
enclave of several parcels
so cannot be annexed.
. To assist with similar situations, the FL legislature
created Interlocal Service Boundary Agreements
(ISBA's) in 2005 as a long-range strategic planning
tool.
. Currently being used by Palm Springs; Greenacres
is in process of creating one through cooperation
with Palm Beach County.
3
. . Identifies area under consideration. Most
municipalities, like Boynton Beach, have a Reserve
Annexation Area. Some or all can be included in the
ISBA.
. Entire area is reviewed at one time by all related
departments, including roads, public safety, fire
rescue and environmental.
. Process takes 6-9 months to complete.
. Creation of ISBA requires some staff time to
do data analysis of the area under
consideration, including
.. Population
.. Land use
.. Current and future capacity for service provision
and fiscal impact
Amount of time will depend on size of area
4
. With ISBA, revenue increase to City is
$411,766 through annexation Palmyra and
Gateway Apt. parcels due to voluntary
annexation clauses in their water service
agreements (WSA's).
. Several hundred more WSA's between
Boynton Beach and property owners.
. Long-range strategic planning tool
. Does not require that annexation occurs
. Facilitates and streamlines annexations
. Annexations improve local service delivery, increase
revenues, square boundaries
I
,
J
5
. Without ISBA, the City will be unable to
annex many parcels for the foreseeable
future, even at property owners' request,
except on an occasional, piecemeal basis.
. Boundaries will continue to be irregular and
disjointed.
6
MINUTES OF THE cm COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, em HALL, BOYNTON BEACH, FLORIDA,
___At 6:30 P.M., ON TUESDAY, JUNE 2, 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 M. Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch - Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay
Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Greg Fitch offered an
invocation and Vice Mayor Woodrow Hay led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda. Commissioner Ross seconded the motion. The
motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross announced she had attended the Community Alliance meeting at the
Intracoastal Clubhouse. There were approximately 35 people in attendance. She commended
Carisse Lejeune and Nancy Bryne for organizing and leading the many groups and recognized
the first green business in Boynton Beach, EDI, for hosting the next meeting.
Mayor Taylor recognized his son, Paul, his wife, Patti, and their daughter, Lydia, visiting from
Illinois, as well as his wife, Dolores, and daughter, Jeanne.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
plan included the temporary modular classroom and the additional parking requirements would
be met. Agreement with the conditions of approval would be necessary.
The applicant agreed with all conditions of approval.
Mayor Tayior opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Rodriguez moved to approve Item VIII.C. Commissioner Ross seconded the
motion. The motion passed unanimously.
Motion
Commissioner Ross moved to approve Item VIII.D. Commissioner Rodriguez seconded the
motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Proposed Annexation Policy by Interiocal Service Boundary Agreement (ISBA)
Mr. Bressner sought authorization to begin an Interlocal Service Boundary Agreement (ISBA)
process with Palm Beach County. He introduced Donna Brosemer who was working on behalf
of the City to do research and necessary procedures. In the past, if an annexation created an
enclave the municipality could not proceed. The new process would provide an avenue for the
annexation to continue.
Donna Brosemer, Consultant, reported annexations were made a priority in 2004 by the
Commission. A review of the water service agreements including a voluntary annexation clause
was undertaken to determine properties that could be annexed.
Mr. Bressner further explained the City agreed in the water service agreements to extend
municipal water service outside the City limits and annex the property at such time as the
property was contiguous to the City. However, in most cases enclaves were created and
annexation was not possible. The properties do fall within the utility service area.
Two neighborhoods were identified that had voluntary annexation clauses in their water service
agreements and are contiguous to the City. But, two enclaves were created and the County
suggested the ISBA process be examined. The process is a new tool created by the legislature
for strategic long range planning. Annexations are promoted to improve service delivery and
square off municipal boundaries. The existing statutory requirements prohibit any further
annexations. The ISBA created in 2005 aliows a municipality to review its reserved annexation
area. Individual parcels have to be evaluated comprehensively with the entire area. It takes
six to nine months and involves staff time. It is a long-range strategic plan and does not
obligate the City to annex and can be effective for 20 years. The function is to streamline
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
annexations as opportunity arises. There would be no negative impact to have the agreement;
however, not having it will prohibit annexations for the City and the citizens. Another alternative
would be to maintain the current process and do annexations on a piece-meal basis
Motion
Vice Mayor Hay moved to move ahead with the ISBA. Commissioner Ross seconded the
motion.
Commissioner Rodriguez questioned why the property owners involved were not notified of the
discussions and the agreement. Mr. Bressner noted that notification was an essential element
and the Coalition of Western Boynton Residents Association would also be an interested party.
Taxes would be increasing and the residents should have notification. There would be
annexation areas ali over the City.
Ms. Brosemer clarified the ISBA did not pertain to any speCific annexation that was eminent, so
notification parameters could not be determined. The agreement allows for the determination
of possible annexation areas and studies of the areas to be undertaken to determine the
potential tax revenue and the cost of providing services.
The motion passed unanimously.
B. Boynton Inlet Committee Recommendations
Mr. Bressner recalled the Commission received funding several years ago for a study of the
feasibility of a structural modification to the Lake Worth Inlet, aiso known as the Boynton Inlet.
The Inlet Committee had representation from the City of Boynton Beach, Town of Lantana,
Town of Manalapan, Town of Ocean Ridge, Briny Breezes, and Hypoluxo plus citizen and
County representation. The Fiorida Inlet Navigation District (FIND) and Marine Industry of
Florida were also invited. The services of Applied Technologies Management (ATM) were
retained to complete the analysis and suggest alternatives to include a ranking of the
appropriate improvements. The recommendations decided upon would ultimately be forwarded
to Palm Beach County the owner and operator of the Inlet. Ms. Brosemer was instrumental in
obtaining funding for the study.
Ms. Brosemer pointed out the Commission had determined the Inlet was an important project
of regional impact to improve public safety and enhance the economic development of the
marine industry. An RFP garnered six responses and presentations were made.
Jeff Livergood, Director of Public Works and Engineering, indicated the solutions are very long
range and there are political implications and technical aspects.
Dr. Michael Jenkins, consuitant with ATM, reported the objectives were to improve water
quality in the iagoon and navigation safety in the Inlet. The flushing of the inlet affects water
quality within the lagoon. The Inlet has had consistent issues with safety with many constraints
including a County park, existing bridge, sand bypassing system and many stakeholders. The
13
l1(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtn
VI - CONSENT AGEND
ITEM D.
Requested City Date Final Form Must be Date Fira] Form Must be Date Final Form Must be
Commission MeetinQ: Turned in to City Clerk's Tu/Cd in to Leeal Turned in to Procurement
Dates Office
D Sentember I, 2009 AUQust 17, 2009 AUQust 12, 2009 Aum'st ] 0, 2009
181 Se1ltemberI5,2009 August 31, 2009 August 26, 2009 Au.ust 24, 2009
D ~ ~
".. """,,~
D ;:=: n',::'
NATURE OF
AGENDA ITEM
D Announcements/Presentations D
D Administrative D New Business
181 Consent A enda D Le al
D Code Com liance & Le al Settlements D Unfinished Business
D Public Hearin D
N ::;::j!;
--.J ::::1",,<
A
-0 <:1)
RECOMMENDATION: Motion to return the cash snrety for site restoration on the Estates of Heritage Clnb PUD, in the
amount of $26,554.00.
EXPLANATION: On the May 19, 2009 City Conunission meeting agenda, it was authorized to return both the "off-site"
and "on-site" work bonding on this project, as the developer has written the city stating that they were not going to proceed
with the development, and abandoning what underground utilities were already installed. Onr Division has previously
collected the above stated snrety via their check #1070, dated 8/21/06. We have had the site secnred with added fencing not
already on the perimeter of the property with either fencing or CBS wall.
PROGRAM IMPACT: N/A
FISCAL IMPACT: 001-0000-220-99-00
ALTERNATIVES: N 1 A
1/ j,'//~;
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City Manager's Signature
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City Attorney 1 Finance
Public Works 1 Engineering Division
Department Name
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
/
iF'
Cl'lle
Received F..Jtl;eivedFrom
1
05/01173 RussellHouseMovers
0111)3(75 SoulhTech EducallonC\r
04129182 Lawsonl"dvslrialPark
08/05/83 RIdge Point Woods Villas
10106JB3 Rainbow Grocery
09/13184 Pylon
OS/23/86 Walboyn Development
05106/91 BrisbenCornpanieslnc
11/10/92 The Blue lagoon
02103194 I\N1 Scholtenslein Homes, loe
09120/94 Engle Homes/Palm Be<lch. Inc
09/20/96 G.l. Homes of BB n Corp
11122fge GLHornes
OT/HIS7 Michels Pipeline Conslr. Irlc
05/06/98 Senior 1I1estyle Mgml
05121/98 Chlllingworth & ConW<lY. PA
03/11/99 ABC liquors
06104199 Boynton Bch Mausoleum loe
11116199 Conlinenlalllomes
06107/01 ColonlatBank
09105/03 NeslorF1<.lncis
11/24103 QuanlumVitl<lgeTo""'lhom&S
03f31104 Soulhem Homes of Pal", BeachllllC
04/22104 Soulhern Homes of Pa~t1 Beach IlIlC
0<1130104 Phegley Corp
05lO7J04 TRG Boynlon Beadl,l1d
06/0211)4 WeSlbmokeHome.s
06124104 LennarHome.s.lnc
05111104 Edmond Devereaux
11103/0<1 Snuthem Construction!"; Design Group
11105104 Southern Homes of Pa~n Beach IIllC
Develoomenl
Casa 81<lnc<l
Jonalhon'sGrov8
Quail Run
Nautica Sound
Na\Jtic:a Sound
Conslr 12'Waterline Shore Or
The Manors al Newport Place
Wesl lnduslrial Avenue
ABCUquors
tliausoleum
The Lakes
Easl Ridge PUD
Unknown Payment
Canterburyal Quantum Palk
Coastal Bay Colony PUD
Coastal Bay Colony PUD
largo Pointe Subdivision
/I.'.arinaViltage
MonlereyBay
Caniagl!Pointe
Ouanlum Park, lOI 34C
Bayft-onl
Waler;;ld.ttnage PUD
"":iT!" or BOYN10N BEACH FLORIDA
General Fund
Miscellaneous Deposits
Seplember30.2008
~J
LandsG3ping lmprovemenis Surely
Seeding/Mulching & InfrastruClure Restoration Bond
Removal of the Sales Trailer'" Relaled Appurtenances
Temp Sales Tfililer_Resloralion Bond
Surety_landscaplnglssues
Surely _ Reslorallon of Damagl! 10 Public Fadlrties
Surely RestOl(lllonfor &cavaliQn& FlIlProlecl
Surely _ ReslDr.!lUol1 for Exce.valiofl & Fill Projecl
Surely-RestoraUon for ExcavaUOfl & Fill Prolec!
LandscaD~ Bond
2340NW8\SI.Miami.Fl33147
Surely_Excavation & Fill Work
ResloraUonSurely
RestoraUonSurely-ExC3V<llion!";FlIIWorl<
Esouw Agreemenl - Site Reslora~on
EsO"ow-MangroveMillgaUon
Surety-Restoration
S"rl!fy_Resloralion
Surely-Restoration
Surety - Excavation'" Fill Perm1l1l04-395 \
Plat review lee
111091t1S Boynton BeaCh Beach Snacl<bar Surefy- Temporary CO
..t:l1111)11!)6""Sj!iiiVi~mHf!fnes 6fPalrrtBejEW~~ --"Wal@rsl1Je'Villa!i~@0;~~"""'':'""' "5ijfi!!y!!l'Reslmalll!!l1'~"~=~~'
03121/Q6 1950 Congress Av~,. LtC Boynlon Town Center ExcaV<llloo & FiR Permit
013/21/06 Sembler Company Boynlon Town Center Record Plat Surety 10 gU"'ranlee inslaMlion t. iflspection of PRM's'" PCP's
06/24/06 Boynton Bead, eRA B B B Exlension Surety for final frft of asphalt 10 Ihe B B B Extension
08/25/06 New Century Boynlon Ont' Dt'<elop. lLP Estales al Heritage Club Restorallon Fee
08/26106 Interstale Sign Crafters Pse III High Ridge Comm",,:;e Pa~~ Surety- Temporary CO
0>1/30106 TRG 80,1110" Fle;;dl f,lann;J Village F~e _In lieu of ParkIng
1)1111107 IHG Boyn\ofl Beach
06127/07 SlilesColp
07110107 Maudsley & Assodates, tnL
07/12/07 SlilesCorp
081'21107 Holidayllluminatlons,lnc
OB/27107 The Se'nblerl-on>pany
09/04107 WhIU"glumerCrmlractillg',;omPany
10104/07 Southern Horlles of Palm BEae. LI r.
10112101 lhe Semble, Comp,;my
10/12/07 The Sembi", Cnmpany
11/19/0, lh.. SemblerCompal1Y
11179;07 lhe Sembll'" Compan,
\J?i29/IIA
1,1arina':illage
Children s ServlcE'~ '::::ounc~
forum ProfessionalCenler
Childre"'s ServIces Councll
Boynton Town Cent'-!r(Buildiflg F)
Ivlboynlon BE'OIchMall
Fee_in_UeuoIParkiflg
Surety Temporary CO
Surety - Temporary CO
Surety. Temporary CO
Holldayflghls and decora~ons
Surely TemporaryCO
Surely' TernporaryCO
Watersi<ie(blr1g.10)3083Walerside SUrl"rv-Temporaryr.O
Boynlon Tol'm Cenl.... (Bul\r:ling t) Surety. Certificate ofCompieti"rTI
Total Wine & More lBldg E} Surely- Temporary CO
l;[)pns ~J lhi!lg~ Surety - 1 ernpofdry CO
Ci"lr>w01Y RIQhl-llf-Way pem,itllE-07-019
'."'.1 IS IF" i~ 0 ',\J 'I';? 1[>)
'I: ~ :2 ~ ' ~ .------,
.APR
8 2110B
11!\liC:I'-II'J
Balance
10101106
76.18
369.28
1,000,00
1,000.00
72350
6,25000
29,600,00
12,92500
320.00
6,00000
2,50000
2,500.00
5,000.00
5,000,00
14,85000
2,500.00
3,667.00
2,450.58
9,326.63
4,200.00
9.60
430.02
11,00000
13.750,00
3}10.46
80,000.00
32,670.00
962.50
5,100.00
13.200.00
3,000.00
1,000_00
. ">'~~'l"f'ag]OO9;aa"''''''''
10,610_Q5
11,000.00
20,000.00
26,554,00
6,050.00
63,000.00
7.000.00
32,698.40
11,000.00
5.050.00
3,603.00
29,129.00
13,10000
~~7.094 \2
B~!lli2~
'IH'88.1rJ
B.OOO.OO
5700.00
6.00000
<n 025 Oil
lranSrl'l1
Relu.ill!
",., ",,-..'--
Refund
Q.<l.~lJ
Balance
lQL16/07
7618
369.213
1,00000
1.00000
72350
6.250.00
29,50000
12,92500
320,00
6.000.00
2,511000
2.50000
5,000.00
5,000.00
14.85000
2,500,00
3,667,00
2.45056
9.32663
4,20000
960
430,02
11,000,00
13.750,00
3.71048
80.000.00
32.67000
96250
5.10000
13,20000
3,000:0(1'"
1,000.110
-".~"93iOlWiOO'~-
10,810.95
11,000_00
20.00000
26,554.00-
6,05000
63.00000
7,000,00
32,69640
11,000.00
5.050011 dlllS101i1
10,98Rl0
8,00000
6.70000
6,00000
iii7,:itlj- ,,6,74Aln
3.60300
79,12900
13.10000
163371
04104/08
04104108
t63369
'f'117[,[l!;
572,059-i~
\:-
- - ,- - .....- ....~~-~-. .._-~."
NEW CENTURY BOYNTON ONE DEVELOPMENT, LLLP
909 SE 5TH AVENUE, SUITE 200
DELRA Y BEACH, FL 33483
GULFSTREAM BUSINESS BANK
n7 E. ATLANTIC AVE.. SUITE 100
DELRA Y BEACH, FL 33483
1070
63-1471/670
08/21/2006
OTHE
c.. .JER OF Ci~' of Boynton Beach
F)(Ar.TI Y TWFNTY-S/)( THOUSAND F/VE HUNDRED FIFTY-FOUR DOLLARS
$
*'6 fifi4 00
City of Boynton Beach
100 E. Boynton Beach Bldg.
Boynton Beach FL 33435
DOLLARS
(iiJSeO"OI11aalu,"
wr:~~~bad
MEMO NCB1 Site RestomtioR Sur..ty
lI'oo~07oll' l:ob7o~"7~21:
o ~ 500 2 ~.. 211'
~^.."n
.." ..'
NEW CENTURY BOYNTON'ONE DEVELOPMENT, LLLP
.llO9 SE 5TH Avi3>lUE. SUITE 200
~~plA Y BEACH, Fl 33483
GULFSTREAM BUSINESS BANK
Tn E. ATLANTIC AVE.. SUITE 100
PELRA Y BEACH, FL 33483
1072
63.1471/670
08/21/2006
PAY TO THE
OROER OF CitlI1ih~QyntOQ 8~a('17
FXAGTf, YTWENTY- THREE THOUSAND SIX HUNDRED ElGHTY-E/GHT DOLLARS
$
*23 688 00
City of;lilynlO!l'lileach
100 E. Bcl~ntQrt!liI~ach Bldg.
Boynton Beach FL'33435
DOLLARS
[fl"'""".la.tu....
.-'
Del"I$OI1cad<
MEMO NCllt1. Site imp,""" ddmin F"e
lI'ooW7211' .:Ob7o~"7~21:
o ~ 500 2 ~ ~.. 211'
i::.\
'"
(-/\-y
( (r
, I:
~~.
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
f\lE COP~
TO: Bill Mummert
11--,
FROM: Ken Hall \ "t..
DATE: August 23, 2006
RE: Estates at Heritage Club - Administration and Restoration fees
Attached are the subject checks from New Century Boynton One Development, L.L.P.:
1) Check # 1072 in the amount of $23,688.00 for the 2% Administration fee including utilities
2) Check # 1070 in the amount of $26,554.00 Restoration fee to be returned upon satisfactorv completion
of the project.
Please deposit the above funds in the appropriate accounts. Thanks.
Also attached is a copy of the engineer's cost estimate for the "Required Improvements" for your records.
C: David Kelley *
Laurinda Logan *
Pete Mazzella (with attachment 1
Eng. file
*memo only
,/(J'..t'r,
.....~ l'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI - CONSENT AGENDA
ITEM E.
Requested City Date Final Form Must be Date Final Form Must be Date Final Fonn Must be
Commission Meeting: Turned in to City Clerk's Turned in to Le\;!:al Turned in to Procurement
Dates Office
n Sentember 1, 2009 AUlrust 17, 2009 August 12,2009 Aum'st 10, 2009
oj.
~ Sentember X, 2009 August 31, 2009 August 26, 2009 Arnrust 24. 2009
n
n
0 AnnouncementslPresentations 0 Citv Mana.er's Renort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent A2:enda n Le~al
0 Code Compliance & Legal Settlements n Unfinished Business
0 Public Heming n
RECOMMENDATION: Motion to approve the updated Library Long Range Plan for 2009-2012.
EXPLANATION: The State requires that each year, the City Commission formally approve the Library Long Range Plan in
order to be eligible to apply for State Aid Grants. This plan is a three-year rolling plan that is updated each year by Library
Staff and approved by City Commission.
PROGRAM IMP ACT: Approval will qualify the Library to apply for State Aid Grants. This plan does not commit the City
to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in
the FY2009-201 0 Budget Request.
FISCAL IMPACT: State Aid Grants bring additional tibrary resources to the community (estimated at $52,119 for FY09-
10). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor
requested in this plan.
ALT~A TIYO", Do om .":"~ "".~". u.~ ;rom'" ,.. AZ'ro-
o 1-({~ti a.,/LI~ r;2 e.-.f.2..--..
artment Head's Signature City Manager's Signature
Assistant to City Manager k
LIBRARY
Department Name
City Attorney! Finance
9S :1] \old 92 ~[W 60
3:)\;UD S,AB]lJ ~~iJ,^
H3ii3S !-IOiN)"O';! .:Jw J,l,J
S,IBULt.ETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Boynton Beach City Lihrar')
Long-Range Plan
FY 2009-2012
A. Mission Statement.
The Boynton Beach City Library enhances our community's pursuit of life-long learning.
information and leisure by providing the highest quality services and resources.
B. Service Statement.
Knowledgeable library staff anticipates customer expectations and responds by providing relevant
resources and current technology with personal service and convenience. We value Diversity.
Integrity, Stewardship and Creativity.
C. Long-Range Goals - General Statements.
The following goal statements define the philosophy of service and determine the broad-based
elements of the practical implementation of the library service philosophy subscribed to by the
Boynton Beach City Library.
1.0. Reference Services. Patrons receive up-to-date and accurate information in a timely manner with
assistance from courteous and intuitively alert staff.
2.0. Popular Materials. Patrons have access to current, high demand, high interest materials In a
variety of formats, within a reasonable time frame.
3.0. Independent Learning. Independent learners obtain materials, programs, information and stan
assistance to attain their goals.
4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong
library/school relationship.
S.O.Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering
expanded technologies.
6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and service-oriented stafr
7.0. Technology. Patrons and staff use appropriate technology to facilitate access to information.
8.0. Public Relations. The community is aware of library/museum resources and materials and the
availability of staff assistance.
9.0. Cooperation. Palm Beach County residents (except the City of Boca Raton) have access to
expanded services and resources by the Library's participation in cooperative networks.
] O.O.Administration. The public receives the highest quality library service at the most reasonable
cost through routine review, evaluation and modification of the organization and its operations.
policies and procedures.
D. Goals and Objectives.
1.0.Reference. Patrons receive up-to-date and accurate information III a timely manner with
assistance from courteous and intuitively alert staff.
1.1.0bjective 1. Continue to improve patron access to reference materials and magazine articles, in
all formats including electronic resources, by expending up to 10% of the book budget in this area,
FY2009-2012.
1.2.0bjective 2. Plan, develop and implement a business, finance and government information
service program, FY2009-2012.
1.3.0bjective 3. Serve as the informational resource center for education opportunities, FY2009-
2012.
IA.Objective 4. Develop and maintain high quality, relevant and customer-oriented service.
Outcome I. Offer staff training dealing with communication, customer relations, team building,
organizational skills, and reference sources and services, FY2009-2012.
1.5.0bjective 5. Increase awareness of high interest items via standard and enhanced cataloging.
Outcome I. Continue to reorganize Support Services to be more efficient, FY2009-20 10.
Outcome 2. Maintain high-level of cataloging using OCLC records, FY2009-2012.
2.0.Popular Materials. Patrons have access to current, high demand, high interest materials in a
variety of formats, within a reasonable time frame.
2.1. Objective 1. Review and update Collection Development Plan, FY2009-2012.
2.2.0bjective 2. Increase total materials circulation (all formats) by five percent (5%) annually.
2.3.0bjective 3. Increase total number oflibrary cardholders by five percent (5%) annually.
2A.Objective 4. Expand the collection in all formats by expending up to 10% of State Aid funds in
this area, FY2009-20 12.
2.5.0bjective 5. Improve patron access to circulating and reference materials in all formats (including
home access to electronic resources), ongoing.
2.6.0bjective 6. Continue juvenile and teen Summer Reading Programs and Adult Reading Program.
3.0.LifeloD2 LearniD2. Independent learners obtain materials, programs, information and staff
assistance to attain their goals.
2
3.1.0bjective 1. Refine and continue to expand public computcr traimng. conccntral1l1g '>11 hh"'rI
databases, word processing and Internet usagc, FY2009-20 I 2
3.2.0bjective 2. Detine; collect statistical data, such as computer use logs, classes and web site use.
and measure public use of electronic resources comparing and analyzing data annuallv, FY200l)-
2012.
.l..l.0bjective 3. Continue to utilize library resources to extend hands-on learning experiences to the
visitors to the Schoolhouse Children's Museum, FY2009-2012.
.l.4.0bjective 4. Continue adult, youth and teen programming and implement refinements, FY2009-
2012.
4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong
library/school relationship.
4.1.0bjective 1. Develop one additional school partnership annually, FY2009-2012.
4.2.0bjective 2. Construct and implemcnt a user surv'ey for adults and school-aged children, FY2009-
2010.
4.3.0bjective 3. Enhance resources to support the improvement of school-age reading, FY2009-20 J 2.
4.4 Objective 4. Support adult and youth learners with ESOL outreach services and supplemental
materials.
S.O.Facilities. Users are provided attractive, well-maintained, user-friendly library and museum
facilities offering expanded, relevant resources and appropriate technologies.
S. I .Objective 1. Operate Schoolhouse Museum facility annually, FY2009-20 12.
S.2.0bjective 2. Provide a secure environment for patrons using the library campuses.
Outcome I. Continue to strive for fewer incidents in and around the library/museum facilities and
grounds.
Outcome 2. Provide proactive police security and staff on duty at appropriate times.
S.3.0bjective 3. Implement library cafe design and construction, FY2009-20]O.
Outcome I. Provide Project Management for the library cafe design and construction project
FY2009-2010.
3
6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and service-oriented staff.
6.1.0bjective 1. Working with the City's Professional Development staff to incorporate city's
education/training component into library staff training plans.
6.2.0bjective 2. Recruit, train and sustain a dedicated staff, board and volunteers.
Outcome I. Evaluate, revise and implement the strategic plan.
6.3.0bjective 3. Provide staff with training and program opportunities that emphasize City of
Boynton Beach Core Values, FY2009-2012.
6.4 Objective 4. Provide staff with reference and technology training in accordance with in-house
training curriculum.
7.0.Technolol!V. Patrons and staff use appropriate technology to facilitate access to information. (See
also full Technology Plan - Addendum A)
7.1 Objective 1. Evaluate and maintain existing public access to electronic resources, FY2009-2012.
7.2 Objective 2. Upgrade COALA SIRSI network hardware and software. Bring North Palm Beach
Public Library online, FY2009-20 I O.
7.3.0bjective 3. Continue to improve library website, FY2009-2012.
7.4.0bjective 4. Evaluate and maintain patron interactive OPAC features (in-house and remote
access), FY2009-201 O.
7.5.0bjective 5. Upgrade public access computers, software and licensing, FY2009-2012.
8.0.Public Relations. The community is aware of library/museum resources and materials and the
availability of staff assistance.
8.I.Objective 1. Review techniques and methods for marketing/promoting the library throughout the
community, and develop and implement a public relations plan that will facilitate community
awareness, FY2009-201 O.
8.2.0bjective 2. Continue to build a closer working relationship with news media.
8.3.0bjective 3. Utilize the Internet to promote ongoing services, including the use of Twitter.
8.4.0bjective 4. Create and maintain partnerships among museum/library and schoolslbusinesses.
Outcome]. Maintain existing and create five new community relationships.
4
8.S.0bjective 5. Continue marketing oflibrary and museum prof!rams and services. I~', 2110l1-2!! i
8.6.0bjective 6. Enhance citizens' knowledge of library and museum cerVlecs, FY200'J-2111 2.
Outcome 1. Promote a different service each month.
Outcome 2. Cross promote library and museum.
8.7.0bjective 7. Conduct no less than five Genealogy and Preservation training classes to the public.
Outcome I. Conduct no less than five Genealogy and Preservation training classes to the public.
FY2009-2010.
8.8.0bjective 8. Continue to establish partnerships with local community groups. organizations,
institutions, etc.. for the purpose of supporting and promoting public access to Internet/Web and
other electronic information service relevant to patron/user needs and the needs of the
community at large. FY2009-2012.
9.0.Cooperation. Palm Beach County residents (except for the City of Boca Raton) have access to
expanded services and resources by the Library's participation in cooperative networks.
9.1.0bjective 1. Increase staff participation in SEFLlN training programs and wOl'kshops, FY200<J-
2012.
9.2.0bjective 2. Expand membership in the Library Cooperative of the Palm Beaches. FY2009-20 12.
9.3.0bjective 3. Develop a COALA expansion of services plan and implement, FY2009-2012.
9.4.0bjective 4. Improve access to library materials and programs by promoting the sharing of
resources among the member libraries of the Library Cooperative of the Palm Beaches. FY2009 -
2012.
9.S.0bjective 5. Improve access to information for residents of a11 ages by promoting Library
Cooperative reference programs, FY2009-20 12.
9.6.0bjective 6. Increase the availability of library resources and services to serve special populations
within the Library Cooperative service area, FY2009-2012.
9.7.0bjective 7. Increase awareness of programs, services and benefits of the Library Cooperative of
the Palm Beaches, FY2009-2012.
9.8.0bjective 8. Provide equal access to Boynton Beach City Library services for al1 residents of the
Library Cooperative service area, FY2009-20 12.
9.9.0bjective 9. Promote cooperation among Library Cooperative members by involving staff at al1
levels in planning and evaluation, FY2009-2012.
9.10.0bjective 10. Continue and expand cooperative services and staff participation in COAL.t\.,
SEFLIN and the Library Cooperative of the Palm Beaches.
5
Outcome 1. Provide opportunities to full-time staff members to attend at least two cooperative
activities each.
Outcome 2. Encourage staff usage ofSEFLIN's "Community of Learning."
9.11.0bjeetive 11. Expand access of other libraries to our collection materials through interlibrary
loan via FLIN/OCLC, FY2009-20l2.
9.12.0bjeetive 12. Promote visits to Boynton Beach City Library and area facilities, FY2009-2012.
Outcome I. Attain press coverage at least five (5) times in the print media.
Outcome 2. Conduct at least one (1) history program in conjunction with the Museum during the
operating year.
lO.O.Administration. The public receives the highest quality library service product at the most
reasonable cost through routine review, evaluation, and modification of the organization, and its
operations, policies, and procedures.
IO.1.0bjeetive 1. Publish library policies that promote fair and equitable patron service, facilitate
optimal access to the wide range of informational resources, and are relevant to the needs and
demands ofthe community, FY2009-20l2.
i O.2.0bjective 2. Review, evaluate and update existing procedural manual for relevance and currency,
FY2009-20 12.
1 O.3.0bjective 3. Conduct annual reviews of library policies and procedures so as to insure relevance,
currency and effective community access to the Library's information resources, FY2009-20l2.
lOA.Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and
future needs for the provision of quality library services and information resources to the
community, annually.
6
ADDENDUM A. LIBRARY TECHNOLOGY SERVICES PLAN
I.O.Mission Statement. The Boynton Beach City Library envisIOns thc usc uf technolugy to expand
and enhance public access to its diverse inventory of intonnation scrvice products. In this
endeavor, the Library will continue to fulfill its function as the community's ini"rmatlon resource
center, serving a diverse, multicultural clientelc.
I.I.Statement of Purpose. It is the intent of this Library to establish, maintain <ind continue tel
develop an environment that facilitates efficient and effective public access to the wide range of
informational resources available through the use of state-ot:the-art technological tools. An
optimum accessibility environment would include the use of current technology, such as
computers, electronic assistive devices; wide area networks (W ANs), internet and other
telecommunication tools, online catalogs. web sites, electronic materials and the like. In this
"patron friendly" technological context, the training of all library staff memhers and patron/clients
alike is an essential element in the success and growth of such an information rich environment.
The knowledge of the "how's, the what's and the where's" of the technological tools of (1UJ'
information age is the key to success. Therefore, the training of library staff members <ind
patron/users is a pivotal component in the Library's current and future service programs and
operations involving the use of technological tools. It is implicit that technology and training are
critical components in the formula necessary for the developl11t:nt and cxecutiutI ur high quai it) ,
effective and readily accessible information services to Library customers, including those clients
with special needs and the community at large.
2.0.Goals, Objectives, Outcomes and Measurements
2.I.Goal 1. Provide for expanded client access to the intormational resources available at the local,
regional, state, national and international levels through the increased utilization of state-of-the-art
technological tools and resources.
2.1.1.0bjective 1. Acquire, maintain and upgrade the technological capability enabling the expansion
of access to the wide range of informational resources and the maintenance of a secure and safe
electronic environment, FY2009-20] 2.
Outcome 1. Implement a computer upgrade plan providing a schedule for replacing one tourth of
the Library's public computers every year.
Measurement I. Replace computers in accordance with the upgrade plan.
Measurement 2. Twenty new public computers will be installed FY2009-1 () as part of the
technology upgrade plan.
Outcome 2. Continue following network infrastructure upgrade plan by providing a schedule tor
replacing all of the servers, communications hardware and other relatcd equipment within a four~
year period.
Measurement 2. Replace at least one server each year.
c
Outcome 3. Implement printer upgrade plan providing a schedule for replacing the Library's
public printers and expanding printing capability.
Outcome 4. Add an eCommerce solution in FY2009-201 O.
2.1.2.0bjective 2. Enhance and expand public accessibility to the wide range of information resources
through a continuing process of introducing relevant technological tools. In addition to relevance,
these databases should also produce efficient, effective, secure and high quality public service
product results, FY2009-2012.
Outcome I. Review and evaluate use of all databases each year and delete those databases not
frequently used.
Measurement 1. Staff will meet two times during the year to review viability of library databases.
2.1.3.0bjective 3. Secure the appropriate communications technologies so as to insure a reasonable
level of consistent, effective, secure and safe internet/World Wide Web access for all library
patrons/users, FY2009-20 12.
Outcome I. Staff to review at least once a year the pricing, viability and effectiveness of current
telecommunications product agreement.
Measurement 1. The price is competitive; product is reliable with no more than one failure per
month.
Outcome 2. Continue leasing one IOmps Metrofiber Circuit for bandwith load balancing and one
Comcast Cable DSL line for backup.
Measurement I. Metrofiber Circuit for bandwith load balancing leased and one Comcast DSL
line, installed and functional.
2.1.4.0bjective 4. Develop, implement and refine policies and procedures which will provide for an
efficient and effective public service product, an internal structure to operate and maintain the
service and a cost effective product environment, FY2009-2012.
Outcome I. To have in place a clear, concise and relevant set of library technology related
policies and procedures, which insures ease of public access and maintainability.
Measurement I. At least once per year, staff reviews, revises or otherwise updates existing
and/or proposed technology related policies and procedures.
2.1.5.0bjective 5. Develop an organizational structure, which will provide for the maintenance and
support of the public access Intemet/Web service product, as well as other online services to the
patron/user, FY2009-2012.
2.2.GoaI2. Establish working partnerships with the community at large, including local governmental
entities, educational organizations/institutions, cultural agencies and civic groups in order to
support and promote quality library electronic service programs throughout the community.
8
3.0.Professional Development Strategy. In order to maintain and gnl\\ a set oj hbrary ,en Ile
products based on technological devdopmcnts the Library will con\muc \0 prnvlde technoiog}
training and learning opportunities for employees. lmpro\ing and enhancing the Lihrary staft',
ability to assist the public with accessing information using 21" century technology and huilding
the staff comfort level is the expected outcome of such training. The professional development
strategy takes into consideration the technology needs of both patron and staff
3.1.0bjective 1. Evaluate and revise ongoing library stafl trainmg program that will estahlish and
maintain basic technological skills enabling ease of accesS. Plan will include Internet/Web access
and search strategies, using and searching the online catalog and other skills and knowledge
required to function in an electronic intornlation environment and glves a working knowledge of
the technological tools and resources available in the Library. FY2009-2012.
Outcome 1. All full time employees who work with the public will be trained in the use of the
SIRSI Unicorn Circulation System, so as to have sutTicient backup personnel for the Customer
Services Desk.
Measurement I. Each full time staff member will attend one SIRSI Unicom-specitic training
opportunity provided by the Technical Services Division Head Librarian.
Outcome 2. All full time employees will be trained in the use oflibrary related software products,
so as to more effectively work with the public on technology related issues.
Measurement I. All employees will attend no less than threc library related software product-
training opportunities per year.
Outcome 3. The Library's Network Administrator will train backup personnel in thc operations of
the network in order to create an effective level of redundancy. This would maximum problem
solving.
Measurement I. The Network Administrator will provide for three library network-related training
events for at least two professional staff members during the year.
Outcome 4. The Network Administrator will attend system specific training events in order to
maintain a state ofthe art practical knowledge of network functions.
Measurement I. The Network Administrator will attend at least onc bibliographic network
conference or workshop per year.
3.2.0bjective 2. (Training: Patrons) Providc tralOlOg and learning opportunities for all library
patrons served by the Library so as to increase access to infomlation and open new leaming
opportunities.
Outcome 1. Increase the types of computer training programs by 5% through an expansion of
learning opportunities to include basic computer and Internet skills, electronic bibliographic
searching, email, employment searching, resume writing, and Microsoft office software. FY2009-
2010.
~
Measurement I. Increased participation documented by attendance and increased training events
as documented through program schedules, lesson plans and other related documentation.
Comparison will be based on first year of operation statistical reports.
Outcome 2. Increase the number of library patrons who have a strong basic practical knowledge of
using technological tools to search bibliographic and other data bases by 5%, FY2009-20 1 O.
Measurement 1. Documented through training attendance logs and reduced time requiring staff
intervention as documented through monthly reports and statistical data.
4.0.Assessment of Technology Services, Equipment, Software and Other Resources
4.1.Network. The Boynton Beach City Library provides access to electronic resources through its
TCP-IP local area network (LAN). The current network has four servers: 2 HP Proliant servers
with Windows 2003; 1 HP Proliant server with Windows 2003 & Windows terminal services and I
Sun Microsystems SunFire V240.
The SunFire V240, our Sirsi server, provides circulation, acquisitions, cataloging, serials,
searching, and other inventory functions. This web based system provides access for in-house and
remote access for patrons to the catalog from the Internet.
The two HP servers serve as our "Domain Controllers" for the "citylibrary" domain. One server
runs Microsoft ISA Server in combination with Secure Computing's "SmartFilter" to provide
Internet Filtering and security. The other serves as a file and print server.
The last HP server has Ipswitch's "1m ail" server and Windows Terminal Services. The Imail
server handles overdue notices and also has been expanded into a mail server for the library.
4.2.Computers. The Reference Staff, Youth Services, Circulation, Library Archives, Support
Services and Administrative staff use fifteen computers in support of library activities. Four
laptops are also available for staff. The library supports four computers in the Schoolhouse
Children's Museum (administered by the Library).
There are 75 computers available for public use, all which have Windows XP and Microsoft
Office. These computers are connected to the Internet and usage is controlled by Envisionware's
PC Reservation system. All print to HP Laser Jet Printers controlled by Envisionware's LPn
printing system. Twenty computers are located in a computer lab and are available for special use
when classes are not in session. Wireless Access to the Internet is available in the Library for
laptop patrons. All computers allow for patrons to use diskettes, CDs or flash drives. A VG Anti
Virus is installed on every computer in the Library for antivirus and malware protection. Public
Internet service is now supported by a IOmbps fiber optic connection with Comcast Cable DSL
serving as a backup.
4.3.Printers. There are three printers, various black and white HP models, available for the public to
use. For staff, there are 16 printers available, various HP color and black and white models.
10
4.4.Technical Support. The network is supp0l1ed by 4 FTE statf in-house. the ('nv \ IT ~ staff and
SIRSI Corporation. Occasionally, for special projects, thc l,ibrarv ",ill .:ontract t,)r ShOl1..kJ'!!'
support.
4.5.Databases. The Library currently subscribes to the following online databases: Alldata, Ancestry
Plus, Gale Databases, First Search, Historical New York Times, NoveList, and MorningStar.
Additional databases are available through the State Library.
4.6.Staff Training. In order to develop and maintain a set of user-friendly library service produ<:ts,
library staff needs to continue to develop their own skills in the use of technology. The Lihrarv
conducted training wil1 focus on improving the staffs ahility to assist the public with accessing
information using current technology.
During 2009/1 0 the Library will evaluate and revise its present staff training program. The new
three- year training program will include working with the Library's catalog, improving searching
of the Internet, using bibliographic and full-text databases, and developing skills to work in an
electronic information environment. Staff is always encouraged to use the training classes otfered
through SEFLIN.
As we migrate to an upgrade of our Unicorn system, considerable time and effort will be devoted
to staff training and public "coaching" on the use of the new system.
4.7.Free Public Training. The Library has provided training and learning opportunities for al11ibrary
patrons in order to increase their skil1s in the use of and satisfaction with a vmiety of library
databases and programs. These classes will continue to be otfered by library staff and qualified
volunteers. We anticipate offering no less than eight ditTerent classes, scheduled throughout the
year, for patrons.
4.8.Library Security Equipment. The Library has purchased an updated security system consisting
of security gates and security tags that have the ability to advance to an RFlD system in future
years.
5.0.Budget Planning. The Library will seek to provide sufficient funding to provide the means of
achieving the goals and objectives of this plan.
5 .1.Objective 1. Utilize up to 45% of State Aid to supplement funding for the goals and objectives ot
the technology plan, FY2009-20 12.
Outcome 1. Purchase of 20 new computers tor public use as part of the Library's Technology Plan
upgrade for Library, FY2009-2010.
Measurement I. 20 replacement computers installed during the year using State Aid funds.
Outcome 2. Maintain contract for onsite PC technical supp0l1, FY2009-20 12.
Measurement 1. Contract for up to 40 hours of on site PC support annually.
Outcome 3. Secure sufficient funding to provide support fl,r SIRS!'s Unicorn and iBISTRO
software products, including software upgrades, Ii)]' the bibliographic database. FY200<J-1 0
II
Measurement 1. Secure funding to provide software support.
Outcome 4. Continue OCLC Holdings Project to update new bibliographic records, FY2009-10.
Measurement 1. Secure funding to support the project.
Outcome 5. Secure funding to support the maintenance and software upgrade of public computer
security and other software enhancements, FY2009-1 O.
Measurement 1. Secure funding to support the maintenance and software upgrade of public
computer security and other software enhancements and action accomplished.
Outcome 6. Secure funding for staff and material to support the technology plan and the Library's
efforts to provide computer and other technological services to the public. This includes funding
support for 4 FTE professional, technical staff, FY2009-2010.
Measurement 1. Secure funding for 4 FTE staff to support library technology plan and initiatives,
and the necessary material, FY2009-1 O.
5.2.P1anned Technology Budget.
I Source Plan Description Amount Year
I State Aid 5.1 Outcome 1 20 replacement PCs 24.000 FY2009-1O
State Aid 5.1 Outcome 2 Onsite techno1ol!.Y support 3,000 FY2009-10
Local Funds 2.1.3 Outcome 2 Lease one 10mbps Circuit 14,400 FY2009-10
Local Funds 2.1.3 Outcome 2 Lease one Comcast Cable DSL Line 1,200 FY2009-10
State Aid 2.1.1 Outcome 3 Laserjet Printer Replacements 1,800 FY2009-10
Local Funds 5.1 Outcome 4 OCLC New Record Charges 6,000 FY2009-10
Local Funds 5.1 All Outcomes COALA, Unicorn, iBistro 20,986 FY2009-10
Local Funds 4.4 Technical Support staff, 1 FTE ({j) $48Ihr, 216,041 FY2009-10
OJ
Support 20hrs/wk + 3 FT Technology Staff
Local Funds 2.1.1 Outcome 4 eCommerce Solution 2,000 FY2009-1O
Local Funds 5.1 All Outcomes Web Hosting, DNS, Email 828 FY2009-10
Local Funds 5.1 All Outcomes Envisonware Maintenance/LPT 1 Client 2,682 FY2009-10
Module
Local Funds 5.1 All Outcomes McAfee Smart Filter 1,575 FY2009-10
Local Funds 5.1 All Outcomes Ipswitch User Service Agreement, 1,596 FY2009-10
IMAIL
Local Funds 5.1 All Outcomes Antivirus Network - AVO Technologies 1,500 FY2009-10
12
6.0. Plan Evaluation. The basic premise tell' the evaluation of this technology plan" thc satisfaclon
accomplishment of the mission critical, stated goals. objecti\'\.:s and outcomcs, as dcmonstrated
through the analysis of the defined measurements. In addition, therc are stated goals and or
objectives that are considered mission critical in naturc and noted t<)r further consideration .md
development. The measurements are designed to indicate change and/or growth in customer Use.
quality and quantity of the service product and infrastructure improvements/enhancements. ,\1 i
goals, objectives, outcomes and measurements are eonsidered mission eritical in nature and tllclIS.
These are an indication of the needed improvements and cnhancements which have bcen
determined to have a direct impact on public use of library technology and case or access It'
information. The key areas for review are public acccss to information impact; professional
development; available telecommunications, equipment and software; and, the acquisition of
appropriate funding to support the plan. The technology plan should he reviewed, cvaluated and
updated each year by the Library Leadership Team; submitted to the City Commlssion tell' review
and adoption; and, forwarded to the State Library.
IJ
,",W,"',''.
".'}, "
.;.~ ,
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
DRtes Office
0 S;,;(ember 1. 2009 August 17, 2009 Auoust 12, 2009 August 10, 2009 )
0 Q' ';~
IX'f Sentember 15, 2009 A;;;rust 31 , 2009 AUl!Ust 26. 2009 August 24, 2009 \.D -4 [;i'i,
::= F.
0 (i") ~ b
~ - p
II ? ~
XC
~
::g:
...
UJo
oz:
NATURE OF
AGENDA ITEM
o
Announcements/Presentations
..
Public Hearin
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months
of July and August 2009.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which
sUltes: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager.
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead
of processing for approval, and allow for more timely purchases to be made.
ALrlJ7tDf,
Department Head's Signature
,ir2,- q~
cTty Manager's Signatur.
n
f1~ ~,~rv;e~
Departmen Name
S:\BULLETfNIFORMSIAGENDA ITEM REQUEST FORM,oor
ct
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR JULY AND AUGUST 2009
1. Vendor: INSIGHT PUBLIC SECTOR Purchase Amount: $11.60000
Requesting Department: FIRE DEPARTMENT Contact Person: AMY MCDEAVITT
Date: 7/23/09
Brief Description of Purchase:
PURCHASE OF (4) TOUGHBOOK LAPTOPS WITH WARRANTIES
Source for Purchase: US COMMUNITIES CONTRACT Fund Source: 001-2210-522.64-15
Commodity
2 Vendor: BEST STRIPING Purchase Amount: $11.55500 :
Requesting Department: ENGINEERING Contact Person: GEORGE MANTELL
Date: 7/23109
Brief Description of Purchase:
RE-STRIPING OF GATEWAY BLVD. BETWEEN SEACREST BLVD. AND FEDERAL HWY.
Source for Purchase: THREE (3) QUOTES Fund Source: 302-4905-580.63-08
Service
3 Vendor: DRIVEWAY MAINTENANCE, INC. Purchase Amount: $22.872.00 I
Requesting Department: ENGiNEERING Contact Person: GEORGE MANTELL
Date: 8/5109 i
,
Brief Description of Purchase:
SIDEWALK REPAIRS AT BOYNTON LAKES
Source for Purchase: THREE (3) QUOTES Fund Source: 302-4905-580.63-24
Service
4 Vendor: M & M ASP HAL T MAINTENANCE, INC. Purchase Amount: $15,998.00
Requesting Department: ENGINEERING Contact Person: GEORGE MANTELL
Date: 8119/09
Brief Description of Purchase:
OVERLAY WALKWAY ALONGSIDE SPRINGFIELD BLVD. REPAIR AND RESURFACE EXISTING ASP HAL T SIDEWALK
Source for Purchase: THREE (3) QUOTES Fund Source: 302-4905-580.63-24
Service I
5 Vendor: CLASSIC CONTROLS INCORPORATED Purchase Amount: $22,950.00 I
Requesting Department: UTILITIES ADMIN Contact Person: BARB CONBOY
Date: 8120/09 ,
Brief Description of Purchase: !
,
TEN (10) YOKOGAWA AXF SERiES SUBMERSiBLE MAGNETIC FLOWMETERS AND TEN (10) YOKOGAWA AXF SERIES !
MAGNETIC FLOWMETER CONVERTERS !
Source for Purchase: BID#004-2821-09IJA Fund Source: 406-5000-590.65-02 !
i
Commoditv i
,
Page 1
/'
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091227
DATE: 07/23/09
VENDOR 5067
TO: INSIGHT PUBLIC SECTOR
6820 SOUTH HARL AVENUE
TEMPE, AZ 85283-4318
SHIP TO:
City of Boynton Beach
FIRE STATION #1
100 E. BOYNTON BCH BLVD
BOYNTON BEACH, FL 33435
REOUISITION NO.
49795
ORDERING DEPARTMENT: AMY FIRE RESCUE
I COMMISSION APPROVED:
BID NO:
INQUIRIES REGARDING
PUt~CHASt ORDER CALL
(561)142 G310
DATE NEEDED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
EXTENDED
COST
1
4.00 EA PANASONIC TOUGHBOOK 74-VISTA COA, 2690.0000
INTEL CORE 2 DUO
P8600 2.4GHZ (Centrin2 vPRO} , 13.3
Touch XGA,
160GB, 2GB, WinXP, Intel WiFI
a/'o/g/n,
Multi-drive, b1uetooth, toughbook
preferred.
10760.00
US Communities IT Products,
Services & solutions
(#RQ09-997736-42B)
VENDOR ITEM NO.- CF-74JDMBD2M
2
4.00 EA
PANASONIC PROTECTION PLUS
-INSURANCE-PARTS AND
labor- 3 years.
US Communities IT products,
Services & solutions.
#RQ09-997736-42B
VENDOR ITEM NO.- CF-SVCLTNF3Y
210.0000
840.00
REMARKS:
Refer to Quotation no. 211407791; Sales Rep.
Brian Mayer.
I
-rTV1
1 P.O. TOTAL:
PROJECT
11600.00
PURCHASING
/
PURCHASE ORDER
CITY Of BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425 0310
# ,
~:2 ;
JAI'E:
VENDOR 6408
SHIP TO:
TO: BEST STRIPING, INC.
P.O. BOX 528
LOXAHATCHEE, FL 33470
:' "'/ of Boynton Beach
ENGINEERING DEPARTMENT
. 0 I, E. BOYNTON BCH. BLVD.
BOYNTON BEACH, ?L 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED'
REOUISITION NO.
49797
ORDERING DEPARTMENT ENGINEERING/GM/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
11555.00 DL
RE-STRIPING OF GATEWAY BLVD
BETWEEN SEACREST BLVD
AND FEDERAL HWY
1.0000
11555.00
REMARKS:
Per quotation dated July 14f 2009.
For additional information, please contact
George Mantell at 742-6990
ACCOUNT NO.
302-4905-5BO.63-08
PROJECT
CP0266
PROCUREMENT SERVICES:
PO. TOTAL:
;1555.00
,
I
I
I
I
.J
11555 00
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091254
DATE: 08/05/09
VENDOR 874
TO: DRIVEWAY MAINTENANCE INC.
PO BOX 10328
RIVIERA BEACH" FL 33419
SHIP TO:
City of Boynton Beach
ENGINEERING DEPARTMENT
100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED,
BID NO,
I CDMMISSION APPROVED:
INQUIRIES REGARDING
PUHCHASf ORDER CALL
(tJG1)742-631O
REQUISITIDN NO.
49898
OROERING DEPARTMENT, ENGINEERING/GM/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
22872.00 DL
BOYNTON LAKES-SIDEWALK REPAIR
1.0000
22872.00
REMARKS:
Scope of Work per attached, prC)posal 09-091148
dated July .31, 2009.
PROCUREMENT SERVICES:
P.O. TOTAL:
22872.00
CCOUNT NO.
302-4905-5BO.63-24
PROJECT
CP0263
22B72.00
PURCHASING
rtG
". .~_.,.
\ t~ \'~
.0 Y
~, l'C \"'
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 3-Aug-09
Requesting Department: PW/Engineering
Contact Person: George Mantell
Explanation for Purchase:
Boynton Lakes sidewalk repairs
I Recommended Vendor Driveway Maintenance
I Dollar Amount of Purchase $22,872.00
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
. Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detaIl contained within the contract
Fund Source for Purchase:
Acct #302-4905-580-63-24 CP0263
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
-
lyiJ ~ q6t/ +_
,0 I'
f '
,.
I
-h.
.J k't.
Date
Date
Date
Date
i"jJb-;j j 0' I
'J
Form Revised 02101/02
---
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091285
DATE: 08/19 I 0 9
)OR 1814
TO: M & M ASPHALT MAINTENANCE, INC
1302 SOUTH J ST
LAKE WORTH, FL 33460
SHIP TO:
City of Boynton Beach
ENGINEERING DEPARTMENT
100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
\!JG1Jl42 GJ10
REQUISITION ND.
50014
ORDERING DEPARTMENT: ENGINEERINGIGMIRC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
15998.00 DL OVERLAY WALKWAY ALONGSIDE
SPRINGFIELD BLVD
REPAIR AND RESURFACE EXISTING
ASPHALT SIDEWALK
1.0000
15998.00
REMl>oE.KS:
Scbp~ 9f WO:lCkper hoposa1 dated July 30, 2009.
Fo:r."d4:it:iqna1 infomation, ple"s~ C"J:1tact
P:lCoject Manage:lC, Geo:lCge Mantell at'742d;990.
PROCUREMENT SERVICES:
P.O. TOTAL:
15998.00
ACCOUNT NO.
302-4905-580.63-24
PROJECT
CP0263
15998.00
PURCHASING
.'----
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH FLORIDA 33425.()3 '!C',
i:
": '
r:" T')-."
,.', c,
VENDOR 5915
TO: CLASSIC CONTROLS INCORPORATED
PO BOX 6187
LAKE LAND , FL 33807-6187
SH ~_1-' '='0;
'.-l "y of Boynton Beach
E.Z\ST UTILITY ADMIN
c4 E. WOOLBRIGHT ROAD
flCYNTON BEACH, F: 2J43.5
--
REQUISITION NO.
49997
ORDERING DEPARTMENT: UTILITIES ADMIN TP
DATE NEEDED:
BID NO: I COMMISSION APPROVED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
10.00 EA YOKOGAWA AXF SERIES SUBMERSIBLE
MAGENTIC FLOWMETER
AXF200W-PNALIN-CA11-0NB
VENDOR ITEM NO.-
AXF200W-PNALIN-CA11-
1723.5000
17235.00
2
10.00 EA YOKOGAWA AXF SERIES MAGNETIC
FLOWMETER CONVERTER
J>P9\.AJ4G~]U-21 / CGP
VENbOR ITEM NO.- AXFA14G-El-21
CGP
571.5000
57]5.00
RmMARKS:
Bid no. 004-2821-09/JA, Commission Approved
12-2-2008 for the purchase of new Magnetic Flow
Meters on an lias neededJ! basis.
These Flow Meters will be installed by Utilities
personnel.
PROCUREMENT SERVICES:
P.O. TOTAL:
22950.00
ACCOUNT NO.
406-5000-590.65-02
PROJECT
WTR075
22950 00
PURCHASING
8
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM G.
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Date Final Fonn Must be Date Final Form Must be
Meetin~ Dates in to Citv Clerk's Office Turned in to Leoal Turned in to Procurement
0 SeDtember I, 2009 Aum'st 17,2009 Aum'st 12, 2009 AuQUst 10, 2009
~ Sentember 15, 2009 Allillist 31, 2009 Allillist 26, 2009 Aul!Ust 24, 2009
0 Announcements/Presentations ~ City Manaoer's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Al!enda 0 Leoal
0 Code Comoiiance & Leoal Settlements 0 Unfinished Business
0 Pubiic Hearln. 0
RECOMMENDATION: Motion to accept the attached "Analysis of Revenues & Expenditures
(General Fund & Utility Fund) for the Eleven Months Ended August 31, 2009.
EXPLANATION: The attached report provides brief comments on actual revenues realized and
expenditures incurred to date as compared to the annual budgeted amounts for the General
Fund and the Utility Fund.
PROGRAM IMPACT: This report is one of the financial reporting programs of the Department for
the purpose of providing interim financial information to the City Commission and City
Management.
FISCAL IMPACT: The fiscal impact of the actual financial results to date is noted in the attached
report. Staff is making a projected $7.2 million fund balance reduction of the General Fund for
the year ended September 30, 2009.
: Discuss the report or respond to questio s at the City Commission meeting.
Department Head's Signature
Financial Services
City Manager's Signature
Assistant to City Manager ~
I rc;1If
City Attorney I Finance
Department Name
G:Agenda Item Request - Sep 15,2009 (GF & UF Budget Status-II Months Aug 31, 2009)
.
CITY OF BOYNTON BEACH
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
FROM:
Kurt Bressner, City Manager \',,(
Barry Atwood, Finance Director ~p .
Tim Howard, Deputy Finance Dire~
Tony Davidson, Budget Manager ~ CS
Sue Moroney, Revenue Manager
TO:
DATE:
September 9, 2009
SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund)
Ten Months Ended August 31,2009 (92% of the Fiscal Year)
We have summarized and are providing this analysis of actual revenues and expenditures of
the City's General Fund and Utility Fund for the period ended August 31, 2009 compared to
(a) the annual budget for this year and (b) actual results to date for the prior year.
GENERAL FUND
For the eleven months to date in FY 2009, General Fund revenues and transfers realized
(including a transfer of appropriated fund balance of $4.2 million) are $63.7 million (86%) of
the $73.9 million annual budgeted revenue estimate. FY 2009 revenues and transfers exceed
expenditures by $2.4 million compared to $0.8 million at this same date last year. This
represents a positive net result of $1.5 million in FY 2009 compared to FY 2008 for the eleven
month period. (Referenced amounts are highlighted below)
FY 2009 Annual Budget FY 2009 Actual FY 2008 Actual
to Date to Date
Bud et Amount % Amount %
Revenues & Transfers $ (6,140) $ 67,823 $ 73,963 $'63,718 86% $ 60,419 85%
Expenditures $ 3,700 $ (70,263) $(73,963) $(61,352) 83% $ (59,5921 80%
Excess (Deficit) $ (2,440) $ (2,440) $ $ 2,366 $ 827
Proiected Year-End Results - Projections are at best risky. However, with the results to date
and if the assumptions for revenues and expenditures that follow prove reasonably on target,
the General Fund's deficit (reduction of fund balance) for the year could approximate $7.0
million. This is based on the following:
. $4.6 million - Appropriation (use) of fund balance to balance the budget
. $2.4 million - Projected operating deficit (above)
. $7.0 million - Total projected reduction of fund balance
The following page summarizes the major revenues and expenditures to date.
C:\Documents and Settings\atwoodb\Local Settings\Temporary Internet Files\OLK3\Memorandum - II Months Aug 11 2009.doc
Revenues (Exhibit Al - While the excess of revenues results from a majority (98%) of
property taxes received in the first ten months of the year, it compares unfavorably with the
100% received at this same point last year as noted on Exhibit A. This translates to
approximately $700 unpaid property taxes this year whereas it was approximately zero last
year in FY 2008
$6.1 M Revenue Shortfall - we are projecting uncollected property taxes of $700 thousand for
the year. In addition, we are expecting the need to refund perhaps $600 thousand of building
permits previously collected. Together, these two projections raise our projected revenue
shortfall for the year to $6.1 million as noted on Exhibit A for all funding sources.
The following revenue sources account for the majority of the $6.1 million projected shortfall
for the fiscal year:
. $0.7 million - Ad Valorem Taxes
. $0.2 million - Franchise Fees
. $3.6 million - Building Permits
. $0.5 million - State Shared Revenue
. $0.4 million - Public Safety Revenue
. $0.3 million - Interest Earnings
Expenditures (Exhibit BI- General Fund expenditures to date are $61.4 million (83%) of the
$73.9 million expenditure appropriation. However, while this represents an increase of $1.7
million compared to FY 2008, this year has only spent 83% of the budget at this point of the
fiscal year. However, last year we had spent 80% of the annual budget.
The attached graph at the bottom of Exhibit B displays actual expenditures (red line) below the
budget (green line) and drawing close to the actual spending levels in FY 2008 (brown line).
This displays the results of our efforts in the past several months to reduce expenditures
further below the budget in order to offset the anticipated revenue shortfall.
$3.7M Projected Expenditure Savings - If we assume that we can continue the reduced rate
of spending in the last month of the year and come in 5% under budget for the full year, this
results in a $3.7 million savings (5% of $74 million) for the full fiscal year ended September 30,
2009. This savings then estimates FY 2009 expenditures of $70.2 million; half way between
last year's total expenditures of $67.0 million (brown line) and this year's budget of $73.9
million (black straight line).
C:\Documents and Settings\atwoodb\Local Settings\Temporary Internet Files\OLK3\Memorandum _ II Months Aug 31 2009.doc
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUNP ANALYSIS
STATEMENT OF REVENUES - COIIPARAllVE BUDGET TO ACTUAl
Fiscal Year Period Ended August 31, 2009 (92% of Fiscal Year)
REVENUES
FY 2009 ANNUAL BUDGET FY 2009 TO DATE FY 2008 FY 2008 TO DATE
ACCOUNTS ----._-- REVENUE % REVENUE
%
DIFFERENCE PROJECTED APPROVED REAUZED REALLZED APPROVED REAUZED REALIZED
AD VALOREM TAXES (798,882) $:::.214,57:, $~~,013,46~, $34,270,804 98% $38,151,700 $38.232.934 100%
LESS TIF TAXES TO eRA 98 882 5,144 938 5 243.820 (5,144,938) 98% f8,129 284' (6,129.284) 100"1.
NET TAXES TO THE CITY (700,000) 29,069,640 29,769,640 29,125,866 98% 32,022,416 32,103,650 100%
LICENSES AND PERMITS
FRANCHISE FEES (221,000) 4,900,000 5,121,000 3,449,622 67% 5,188,400 3,422,290 66%
BUSINESS TAXES (16,000) 1,375,000 1,391,000 1,406,972 101% 1,385.000 1,428.864 103%
BUILDING PERMITS (3,615,000) 335,000 3,950,000 761,173 19% 5.244.930 3,863,460 74%
PUBue SERVICE TAXES - . 0% 3,822,490 2,910,296 76%
OTHR LICENSES, FEES & PER (28,0001 168,000 196,000 159,401 81% 223,700 174,642 78%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE (185.0001 25,000 210,000 11,073 5% 2,500 45,678 1827%
STATE SHARED REVENUES (505,000) 6,152,000 6,657,000 5,029,411 76% 7,747,000 5,648,222 73%
SHRD REV FROM OTHR LCL (15,000) 490,000 505,000 245,207 49% 942,000 238,224 25%
STATE GRANTS 0 65,375 0% 0 0%
CHARGES FOR SERVICES
PYMTS IN WEU OF TAXES 7,000 93,000 86,000 92,599 108% 87,200 82,552 95%
CHRGS-GENERAL GOVT (39,406) 251,000 290,406 275,145 95% 406,750 285,401 70%
PUBLIC SAFETY (386,926) 3,850,000 4,236,925 3,761,822 89% 3,482,600 3,357,686 96%
PHYSICAL ENVIRONMENT 8,000 13,000 5,000 13,849 277% 4,885 0%
CUL TURElRECREATION (7,0001 305,000 312,000 277,5&4 89% 286,800 290,916 109%
INTEREST & MISC REVENUE
VIOLATIONS lOCAL ORD. 49,000 152,000 103,000 186,351 181% 280,000 163,014 5O%
INTEREST EARNINGS (296,000) 805,000 1,100,000 634,710 68% 1,519,625 980,827 65%
RENTS AND ROYALTIES (34.000) 200,000 234,000 163,658 70% I 209,500 175,699 84% I
SALE OF SURPLUS MATERIAL 25,000 28,000 3,000 28,178 939% 1,500 6,175 82%
OTHER MISC. REVENUE (182,000) 195,000 377,000 230,967 61% 216,900 299,418 138%
INTERNAL-FUND TRANSFERS
TRANSFERS - 14,786,865 14,786,665 13,564.455 92% 5,386,800 4,937,067 92%
FUND BALANCE APPROPRIATED 4,630 000 4,630,000 4,244,167 92"10 _n 0%
Total Revenues $ (6,140,331) $ 67,823,305 $ 73,963.636 $63,717,565 86% $ 68,442,011 $60,418,966 88%
$80.01l()
Two Year Cumulative Revenue
Comparison and CFY Budget ~ ($ in
thousands)
$70.000
i $~O.OOO
'-'".i.-i,'.
;S60.000
'\.:iJ.911
$53.46
,
/
$45
/
.-"'~
$41,0
I
$10,000 I
I
f3.400
Si-l2.120
K
$40.000
K
/
:S'O.OIIO
>?'
./
;$20.000
so
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nee
Jrn,
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MaT
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Iun
.lu]
'\UL
."'''1''
~Cumulative 08 Actual
~Cumulative 09 Actual
-----+- Projected 09 Budget
S'\Fmanc::\Financial Reports\Moothly F,ll8l\Cllll Rq>orts\Budgcl Review. (iF. thru AIIIl ()\I SummarizcdOll) RevenLJe SwnmllJY Rev,.ed
'l.'~!l.I~I"
EXHIBIT B
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STAlEMENT OF EXPENDITURES - COMPARATIVE BUPGET TO ACTUAL
Fiscal Year Period Ended August 31, 2009 (92% of Fiscal Year)
EXPENDITURES
FT lUUlt FY 2009 TO DATE 'F'nlRllr ATE
ACCOUNTS BUDGET EXPENDED % BUOGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION $ 423,814 $ 345.587 82% $ 474,182 $ 281,890 89%
CITY MANAGER 639,805 516,629 8t% 611,335 823,088 Be'll.
CITY HALLIOEN. AllMlH. 1,817,260 1.232,187 &4% 4,217,483 3,738,358 89%
PUBUC AFFAIRS 182,064 118,429 8$% 185.891 137,171 74%
CITY CLERK 558,899 446.552 80% 557,765 422,347 76%
CI1Y ATTORNEY 480,375 424,449 88% _,046 438,889 89%
FINANCIAL SERVICES 1,247,884 1,047,277 84% 1,176.149 1,027,482 87'1\
17S 1,888,388 1.391,188 75% 1,783,228 1,818,208 88%
GEOGRAPHICAL INFO SYSTEMS 430,164 388.642 83% 411,207 359,579 87'1\
HUMAN RESOURCES 1,045,986 796,789 78% 916,809 724,01. 79%
ORGANlZAOONAL DEVELOP 198,891 129,838 68% 179.790 149,842 83%
PUBUC SAFETY
COIIMUNlCATIONS 2,384.971 1,700,799 71% 2,341,086 1,649,4201 70%
POUCE 24,321,580 20,819.081 64% 21.380,400 19,483.126 91%
CQOE COIIPUAHCE 1,261,_ 986,782 78% 1,024,201 918,883 90%
FIRE 18,713,899 18,1189,420 89% 14,802,509 13,228,888 89%
EMERGENCY MANAGEMENT 116,300 72,880 62% 148,897 62.331 42%
ANIMAL CONIROL 201.023 164,283 77'1\ 188,049 '.9.469 81%
BUILDING & DEVELOPMENT
DEVELOPMENT 412,828 388,827 89% 387," 382,810 91'4
BUILDING 2,368,088 1.678,388 71% 2,432,728 1,919,988 82%
ENGINEERING 937.164 800,487 88% 919,102 783,886 82%
PLANNING & ZONING 991,480 818,925 82% 1,039,390 871,8&3 84%
BUSINESS TAX 297.938 251,032 84% 288,726 263,938 91'4
PUBUCWORKS
PUBUC WORKS 296.412 276.702 93% 294,&24 261,958 Il9%
FACILI~_GEMENT 2,009,486 1,808,141 78% 1,792,088 1,582,888 Il8'4
S'TREETS MAINTENANCE 1,175.287 810,070 89% 1,084,948 824.140 77%
LEISURE SERVICES
LIBRARY 2,800,820 2,021 ,221 78% 2,_...., 1,975,399 79%
RECREATION 2,771.738 2,315,117 84% 2,798.728 2,218,891 79%
FORESTRY & GROUNDS 1,824.843 1,306.709 72% 1,862,982 1,417,208 76%
PARKS MAINTENANCE 2,324,939 1,987,750 86% 2,272,639 1,838,314 81%
CRA REIMBURSABLE & RESERVES (37,449) 391 ,228 0'4 . 412,279 0%
Total Expo_ $ 73.963.638 $61,382,158 83% $88 11 $ 59,591 ,84& 87%
I;~'~
!
$73 64
$70,000
$60.000
$50,000
$40,000
$30,000
$20,000
$10,000
$0
Dol
Nov
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J~
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M"
Ap'
May
J=
Jul
Aug
S'p
~ Cumulative 08 Actual
~Cumulative 09 Actual
-+- Budget 09
S:\FlI'DIIlCelFmancial Reports\Monshly Financial Reports\B1>dgllt Review - GF - thru Aug 09 SllIl1llJ8:l'lZel E~ Summary Revised
91812009
UTILITY FUND
Through August 31, Utility Fund revenues and appropriated fund balance exceeded
expenditures by $7.6 million in FY 2009 compared to expenditures exceeding revenues by
$2.6 million last fiscal year. While this notes a positive swing of $10.2 million as noted in the
following summary, it includes a $4.5 million fund balance appropriation to date as part of the
funding source.
Revenues & Fund Balance
Expenditures
Excess (Deficit)
Annual
Bud et
$ 33,312
$ (33,312)
$
FY 2008
Actual To Date
Amount %
$ 25,008 75%
$ (27,631) 83%
$ (2,623)
FY 2009 Revenues & Fund Balance above in the Annual Budget column includes a $4.887
million appropriation of fund balance as a funding source in order to balance the budget for the
full year.
Revenues (Exhibit C) - The $34.5 million in FY 2009 revenues and fund balance
appropriation exceed the $25 million to date in FY 2008 by $9.5 million because of two factors:
1. The $4.5 million fund balance appropriation and
2. The rate increases this fiscal year making up the difference.
It appears that the water and sewage revenues for FY 2009 are back on track at this 92% of
the way through the fiscal year as follows:
. Water Sales - $12.4 million = 102% of the annual estimate, compared to 67% at this
point in FY 2008, with the heavier usage in July and in the months ahead.
. Sewer Service - $13.9 million = 101 % of the annual estimate, versus 82% last year.
The May 1 water and sewer rate increases have begun to offset the projected $4.887 million
budgeted deficit. Hopefully, this will provide for adequate bond debt service coverage that was
in jeopardy prior to the increases. However, the increases will be tempered by the 7% rate
reduction beginning in August.
Expenditures (Exhibit D) - Utility Fund expenditures to date were $26.9 million or 76% of the
annual appropriation with spending at a slower rate this year resulting from a conscious effort
to reduce costs. Individual expenditure categories reasonably tracked and compare favorably
to FY 2008 overall especially in the major expenditure categories of Public Water Treatment
and Sewage Treatment.
C:\Documents and Settings\atwoodb\Local Settings\Temporary Internet Files\OLK3\Memorandum - II Months Aug 31 2009.doc
EXHIBIT C
CITY OF BOYNTON BEACH. FLORIDA
UTlUTY FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended Auguat 31, 2009 (92% of Fiscal Yearl
REVENUES
FY 2009 FY 2009 TO DATE FY 2008 FY 2008 T DATE
ACCOUNTS BUDGET REVENUE % BUDGET REVENUE %
APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED
WATER SALES $12,100,000 $12,375,998 102% $13,853,000 $ 9,287,039 57%
WATER CONNECTION FEE 80,000 15,105 20% 205.000 104,325 51%
WATERSE~CECHARGE 200,000 404,S34 202% 200,000 253,984 127%
WTR-BACKFLOW PREVNTR TEST . 25,482 - 5,560
SEWER SE~CE 13,826,000 13,897,181 101% 14,251,907 11,72:1,7n 82%
STORMWATER unUTY FEE 3.315.000 3,041,073 92% 3,495,BOO 3,041.977 87%
TELEVISE SEWER UNES 10,000 . 0% 30,000 5,442 21%
FEES 50,000 . 0% 50,000 31,351 63%
INTEREST INCOME 840,000 191,585 23% 1,100,000 310,_ 28%
SALE OF SURPLUS EQUIP. 1,000 . 0% 5,000 1,305 28%
GAIN LOSS ON INVEST . 2,005 0% - 8,959 0%
OCEAN RGE UT TAX ADM CHG 500 508 102% - 385 0%
BAD DEBT RECOVERIES 3,000 1,935 55% 10,000 2,078 21%
MISCELLANEOUS INCOME 30,000 15,753 56% 10,000 133,599 1338%
TRANSFER FROM 101,000 92,583 92% 101,108 92,582 82%
APPROPRIATED 4887153 4,479,890 92% . -
TOTAL REVENUES I ....5 442 553 $ 34.545.844 97% $33312815 $25,007,509 75%
"".000
Two Year Cumulative Revenues
Comparison and CFY Budget ~ (5
in thousands)
530,000
~7J63
S3~.44)
!
$20,000 ~
: $10,000
i
I
I
$2,177
so
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Nov
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Au,
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! ~~~~I~tive 08 Actual ~Cumulative 09 Actual -+- Budge~ 2~J
S_\finance\Financiaf Reports\Monthly FlnBllCIsl Reports\Budget Review. UF - thru Aug 09 Summanzed401 Rev Sum
EXHIBIT D
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended August 31, 2009 (92% of Fiscal Year)
EXPENDITURES
....... FY 2009 TO DATE rT ...... CIDlTE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENPED %
APPROVED EXPENDED APPROVED EXPENDED
WATER DISTRIBUTION $ 1.687.111 $ 1,349.147 80% $ 1,472,215 $ 1,477.693 100%
PUBUC WATER TREATMENT 6,672.154 5,412,134 81% 6,118,042 5.293.616 87%
METER READING & SERVICES 1.209,520 791,839 65% 1.210,417 878,395 73%
WASTEWATER COLLECTION 1,794,768 1,628,793 91% 1.749,751 1.667,882 90%
WASTEWATER PUIIPING STATNS 2,574,901 2,159.929 84% 2,587.811 2,162,649 84%
SEWAGE TREATMENT 4,50&,000 3,145,801 70% 3,775,800 2,962,186 78%
WATER QUAUTY 678,888 507,119 88% 523,507 481.375 92%
UTIUTY CONSTRUCTION - . (1,135)
UTILITY ADIIIMSTRATION 2,011,468 1.524,251 75% 1,950,265 1,593,053 82%
GENERAL ADMINISTRATION 5,727,921 4,328.836 76% 5,694,300 4,IlO4,610 81%
UTILITES ENGINEERING 1,274,598 1,039.054 82% 1,198,267 1,052,733 88%
STORMWATER MAINTENANCE 899,485 468,640 52% 931,447 608,749 65%
CUSTOMER RELATIONS 1,202,174 1,036,852 88% 1,217,468 1,092,416 90%
DEBT SERVICE 5,3041,665 3,603.766 68% 4,882,725 3,886,470 SO''''
RESERVES - (48,573) 0% - (29,380) 0%
Tolal Expendltu_ $35,442,663 $ 26,947,387 76% $33,312,815 $27,631,312 83%
.
$40,000
Two Year Cumulative Expenditures Comparison lInd
CFY Budget ~ ($ in thousands)
$10,000
$30,000
$20,000
$1,
.'
Ocl
Nay
Dee
J,"
Feb
Mar
'p'
Mav
.lun
Jill
.\ug
S"'p
! ~Cumulative 08 Actual
-'-Cumulative 09 Actual
--+- Budget 2009
S:\Finance\Financial Reports\Monthly Financial Reports\Budget Review. UF - thru Aug 09 Summartzed401 Exp Sum
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Fonn Must be Date Final Fonn Must be Date F ioa! F onn Must be
Commission Meetimr Turned in to City Clerk's Tumed in to !&@l Turned in to Procurement
Dates Office 0 q,
[J September 1, 2009 Au"ust 17,2009 Au"ust 12, 2009 Au"ust 10, 2009 bo j
c:
~ September 14, 2009 August 3 !, 2009 August 26, 2009 August 24, 2009 "J!
,.. "
- 1
1 I October 6, 2009 Seotember 14, 2009 September 9, 2009 September 7, 2009 :::: ".
:x
1 i October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009 ..... ~
..
AnnouncementslPresentations
Cit Mana er's Re ort
2
"rl
oio;
~
""
0.
-<
%
....
o
%
iJe
of5W
.~
:r
NATURE OF
AGENDA ITEM
New Business
D Code Com liance & Le al Settlements
D Public Hearin
D Le al
o Unfinished Business
D
RECOMMENDATION: A motion to approve the "SURPLUS VEHICHLE/EQUIPMENT LIST" as submitted by Public
Works/Fleet Maintenance and allow for the auction of the same.
EXPLANATION: Procurement Services has received twenty six (26) items on the "SURPLUS VEHICLE/EQUIPMENT
LIST" that was submitted by the Public Works/Fleet Maintenance Division (see attached listing). Utilizing the City of
Boynton Beach disposal process for Surplus Vehicles/Equipment will allow the vehicles/equipment to be auctioned by the
City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's
review, evaluation and approval to sell the Surplus Vehicles/Equipment.
PROGRAM IMPACT: The disposal of Surplus Vehicles/Equipment will provide inventory, control maintenance and allow
for receipt of revenues through a process monitored by Procurement Services.
FISCAL IMPACT: The revenues generated from the sale of these surplus vehicies/equipment will be placed in the Fleet
Maintenance Fund in the following account:
Revenue Account:
501-0000-365-01 -00
Account Descriotion:
Sale of Surplus Vehicle/Equipment
ALTERNATIVES: To hold Public Auction with Staff which has been done in the past, but after expenses, it was not in Ihe
best interest of the City.
aLl-; (i!f:/;;/
Department Head's Signature
~
City Manager's Signature
Public Works
City Attorney / Finance
Department Name
S;\BULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC
Vehicle Surplus List
Eauia. Oept Year Mfa. Oescription VIN Mileaoe Condition Reason Amount received
577 PKS 1997 Ford F350 Stake Body 1 FDKF37H3VEB05576 14806 POOR MECHANICAL/BODY
I 617 FLT 2001 CHEVY S-10 PICKUP 1 GCCS 145X 18203354 38171 POOR MECHANICAL/BODY
701 FLT 2002 CHEVY S-10 PICKUP lGCCS145618204629 30185 POOR MECHANICAL/BODY
38 STS 1993 FORD F700 DUMP 1 FDXK74C6PVA39271 5900 POOR MECHANICAL/BODY
1077 SW 2001 VOLVO REFUSE TRUCK 4V2EC6HEX1N327457 27349 POOR MECHANICAL
164 UTL 1998 CHEVY 1500 PICKUP 1 GCEC14W3WZ214731 53209 POOR MECHANICAL
703 BLD 1998 FORD TAURAS lFAFP52U7WA194019 39922 POOR MECHANICAL/BODY
651 CE 1998 FORD TAURAS lFAFP52U1WA194016 66168 POOR MECHANICAL/INT
3101 PO 2011 CHEVY MAUBU lG1ND52J71M579889 86459 POOR MECHANICAL/BODY
3102 PO 2001 CHEVY MAUBU lG1ND52J816210799 80564 POOR MECHANICAL/BODY
45 STS 2000 FORD F150 PICKUP 2FTPF17Z8YCA49653 56626 POOR MECHANICAL/BODY
4401 PO 2003 FORD MUSTANG lFAFP48Y83F426145 61836 POOR MECHANICAL
618 FAC 2002 DODGE CARGO VAN 2B7KB31Z42K129300 21855 POOR MECHANICAL/BODY
602 FAC 2000 DODGE CARGO VAN 2B7KB31Z6YK137603 38610 POOR MECHANICAL/BODY
619 FAC 1998 CHEVY UTIUTY TRUCK 1GTHC34R3WF058811 45802 POOR MECHANICAL/BODY
1064 SW 2001 STERLING PETERSON LOADER 2FZMSBV61AG08591 13513 POOR MECHANICAL/BODY
1066 SW 2001 STERLING PETERSON LOADER 2FZMSBV81AG08589 1166 HR~ POOR MECHANICAL/BODY
615 SW 1998 CHEVY 1500 P/U lGCEC14W6WZ213914 116681 POOR MECHANICAL/BODY
810 FIRE 1999 CHEVY BLAZER lGNCS13W7XK181584 82129 POOR MECHANICAL/BODY
825. FIRE 1998 CHEVY BLAZER 1GNDT13WXWK194636 89800 POOR MECHANICAL/BODY
811 FIRE 1999 CHEVY BLAZER lGNCS13W4XK180604 81799 POOR MECHANICAL/BODY --
519 REC 1998 CHEVY EXPRESS VAN 1 GCHG39R8Wl 083309 27693 POOR MECHANICAL/BODY --
8515. PKS 2001 TORO RIDING MOWER 210000199 1728 POOR MECHANICAL/BODY
8518 PKS 2001 TORO Z MASTER MOWER 210000265 1050 POOR MECHANICAL/BODY
579 PKS 1998 CHEVY 3500 P/U DUELL Y 1 GTHC34R2WE5491 03 8797 POOR MECHANICAL/BODY
CONF PO 1994 FORD VAN 1 FDEE14HORHBB0457 141812 POOR MECHANICAL/BODY
-.
--'
-~..
Vendor
Totals
S Sadisco
J JJ Kane
$0.00
'cr}"-V..~,,,,
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VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetim! Turned in to Citv Clerk's Turned in to Lee:al Turned in to Procurement
Dates Office
0 September 1. 2009 AUQust 17, 2009 AUlI.Ust 12. 2009 AUll.Ust 10, 2009
[><J September 14. 2009 August 31, 2009 AUQust 26, 2009 Au,,"st 24, 2009
Ii October 6, 2009 Seotember 14, 2009 September 9, 2009 Sentember 7, 2009
0 October 20, 2009 October 6, 2009 Seotember 30, 2009 Seotember 28, 2009
Consent A enda
Unfinished Business
NATURE OF
AGENDA ITEM
AnnouncementsIPresentations
Administrative
RECOMMENDATION: Authorize the use of$I,OOO.OO for the Community Caring Center, $350.00 for the Caridad Center
and $1,000.00 for the Schoolhouse Children's Museum from Commissioner Ross's Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of the following:
o $1,000 for Community Caring Center to provide food and help with general expenses.
o $350.00 for Caridad Center to assist all low income families for free health services.
o $1,000.00 for Schoolhouse Children's Museum to assist with general expenses and programs.
PROGRAM IMPACT: Allocation of funds will assist the above centers.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1 110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000.00 in Community Investment Funds to
allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
~---
ity Manager's Signature~
1
Department Name
S:\BULLET!N\FORMSIAGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 8, 2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $1,000.00
RecipientlPayee: Community Caring Center
Description of project, program, or activity to be funded: Funds are to be used to provide food
and help with general expenses for operating the facility.
Dated: 't/<if/09
?
By:/~ tJ~
Part II-Availability offunds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $7,650.00 has been used to date by the requesting Member,
leaving a balance of available funds of $2,350.00. This request would bring the available
amount down to $1,350.00.
Accordingly:
..1':1'" There are funds available as requested
u There are insufficient funds available as re
Dated:
f.i'rf1
By:
Part III- Eligibility Evaluation (to be completed by City Manager)
Dated:
JJ' The proposed expenditure of funds will not result in improvement to private
property;
D The recipient/payee provides services within the City of Boynton Beach;
\a" The project, program or activity which is being funded will occur in the City
j)f Boynton Beach and participation is open to all residents of the City; and
r;;v Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
)
/ J
~~~~---'-
City Manager
By:
g--- <0 - J1
S:\City MgrlAdministrationlMAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06,doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 8, 2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $350.00
Recipien1fPayee: Caridad Center
Description of project, program, or activity to be funded: Allocation of funds will assist the
above center to assist all low income families for free health services.
Dated: <j lr~ /0 '1
By: ~a-,.".... {.J..d..L.
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $8,650.00 has been used to date by the requesting Member,
leaving a balance of available funds of $1,350.00. This request would bring the available
amount down to $1,000.00.
Accordingly:
..r There are funds available as requested
o There are insufficient funds available as re ues
Dated:
f.g.Of
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
~- &- Ul
c;V The proposed expenditure of funds will not result in improvement to private
property;
r/ The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
k.~~re---
City Manager
By:
S:\City MgrlAdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05.
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part I- Summary of Request
Date of Request: September 8, 2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $1,000.00
RecipientlPayee: Schoolhouse Children's Museum
Description of project, program, or activity to be funded: Allocation of funds will assist the
above center with general expenses for programs and operating the facility.
Dated: d'i?/o'7
By:/~_ wdL
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to thc requesting Member of the Commission
listed above is $10,000.00. $9,000.00 has been used to date by the requesting Member,
leaving a balance of available funds of $1,000.00. This request would bring the available
amount down to $0.
Accordingly:
J2f There are funds available as requested
o There are insufficient funds aVailab~~ () (l
Dated: 0.,2'''1 By: ~_
Finance Director
Part III- Eligibility Evaluation (to be completed by City Manager)
8'" The proposed expenditure of funds will not result in improvement to private
property;
-d The recipient/payee provides services within the City of Boynton Beach;
..r The project, program or activity which is being funded will occur in the City
v'pf Boynton Beach and participation is open to all residents of the City; and
cv' Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
J
Dated:
9-<6-dl
By:
... !'~
~ .. & 14......e.
Ity Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Page I of2
Welsh, Pam
From: Marlene Ross [marlene_ross@yahoo.com]
Sent: Tuesday, September 08, 2009 8:50 AM
To: Welsh, Pam
Cc: Bressner, Kurt; Ross, Marlene
Subject: RE: discretionary funds? OOPS!
$1,000 to Community Caring Center
$1,000 to Schoolhouse Children's Museum
$ 350 to Caridad Center
$2,350 TOTAL (remaining balance of my discretionary funds)
Thank you. MR
--- On Tue, 9/8/09, Welsh, Pam <WelshP@/Jbjl.us>wrote:
From: Welsh, Pam <WelshP@bbfl.us>
Subject: RE: discretionary funds?
To: "Marlene Ross" <marleneJoss@yahoo.com>
Cc: "Bressner, Kurt" <BressnerK@bbfl.us>
Date: Tuesday, September 8, 2009, 7:25 AM
Commissioner,
Attached please find a listing of your Discretionary Funds spent for the 2008/2009 budget year and who
they were appropriated to. You have not donated to either Schoolhouse Chiidren's Museum or the
Caridad Center.
If you have any questions, please feel free to contact me.
Thank you.
:J'am Well,.
ad.tninio tJuItWe {l.,. iJtant
~ .Managvt'. (9f.1ire
9/8/2009
Page 2 of 2
561-742-6013
wet. ftp(ii]Mf.tJ.UJ
From: Marlene Ross [mailto: marlene_ross@yahoo.com ]
Sent: Saturday, September 05, 20094: 12 PM
To: Welsh, Pam
Cc: Ross, Marlene; Bressner, Kurt
Subject: discretionary funds?
Hi, Pam. Can you please let me know on Tuesday if you're in the office if I have already given
discretionary funds to the Schoolhouse Children's Museum during this budget year? Also, let
me know about Caridad Center. I know that a balance remains to be designated and I would
prefer to avoid duplication. Thank you. Marlene
9/8/2009
Community Investment Funds Spent 2008/2009
COMMISSIONER ROSS
Amt Total Organization Approved
Spent Date
Ross 1,200 Boynton Beach H.S. Aerospace Program 10/21/08
300 Boynton Beach H.S. Girls Basketball Program 10/21/08
500 PBC School Dist. Education Network T.E.N. I 1/05/08
700 Boynton Beach CRA Concert 1/16/09 12/16/08
700 Galaxy Elementary FCA T Incentives 02/03/09
2,000 Heritage Awareness Celebration 04/07/09
500 Toussaint L'Ouverture High School for Arts/Social Justice 04/21/09
500 Boynton Hoops, Inc. 06/02/09
500 Poinciana Elementary Math/Science/Tech. Magnet School 06116/09
750 Education & Youth Advisory Board 7/7109
1,000 Community Caring Center Pending
350 Caridad Center Pending
1,000 10,000 Schoolhouse Children's Museum Pending
\,.,0
i'~.""",,", 'y _
:), (, ..7
'v ';:0 ';~"'> ~ .
VI-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date: Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetine: Turned in to City Clerk's Turned in to Lee:al Turned in to Procurement
Dates Office
0 September I, 2009 August 17, 2009 AUQust 12, 2009 August 10, 2009
~ September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009
n October 6, 2009 Seotember 14, 2009 September 9. 2009 SeDtember 7, 2009
n October 20, 2009 October 6. 2009 SeDtember 30, 2009 Seotember 28, 2009
0 Announcements/Presentations 0 Citv ManaQer's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IXl Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearinll: 0
RECOMMENDATION: Authorize the use of $2,400.00 from Commissioner Weiland's Community Investment Fund to
assist The Dancer's Alchemy, Inc. and $2,500.00 for the Jayne E. Miller Nursing Scholarship Fund.
EXPLANATION: Commission approval is requested for allocation of the following:
. $2,400 for The Dancer's Alchemy to assist with the cost of advertising, printing posters and tickets, and other related
expenses for this organization.
. $2,500 for the Jayne E. Miller Nursing Scholarship Fund to assist in the education of nursing students.
PROGRAM IMPACT: Allocation of funds wiIl assist the above organization.
FISCAL IMPACT: (Include Account Number where funds wiIl come from) 00 I - I I 10-5 I 1-95-47
Funds are budgeted for these types of activities. Each Commissioner has $ I 0,000 in Community Investment Funds to allocate
subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
k----
City Manager's Signa
City Attorney / inance
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 8, 2009
Requested by Mayor/Commissioner: Commissioner Weiland
Amount Requested: $2,500
Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund
Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses
Week, sponsorship of scholarship fund to assist in the education of nursing students.
Dated: dr/v1
.,
By: /~ wdL_
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $5,100.00 has been used to date by the requesting Member,
leaving a balance of available funds of $4,900.00. This request would bring the available
amount down to $2.400.00.
Accordingly:
13 There are funds available as requested
o There are insufficient funds available as re9!!1.eG r
Dated: f- h .r:I! BY:~ ~;Q,~
Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
i/t-- The proposed expenditure of funds will not result in improvement to private
property;
~ . The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
Q'Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
9-0-07
, 'j
By: i1'^'~A/-
ity Manager
S:\City MgrlAdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05.
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 8, 2009
Requested by Mayor/Commissioner: Commissioner Weiland
Amount Requested: $2,400
RecipientlPayee: Dancer's Alchemy, Inc.
Description of project, program, or activity to be funded: Allocation of funds will assist with the
cost of advertising, printing posters and tickets, and other related expenses for this organization.
Dated: r/"/Oq
By: j?~ wdL.
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $7,600.00 has been used to date by the requesting Member,
leaving a balance of available funds of $2,400.00. This request would bring the available
amount down to $0.
Accordingly:
~ There are funds available as requested
~ There are insufficient funds available~as re ue te .
Dated: tf'." 'eIf By: ~_
inance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
Ill"'" The proposed expenditure of funds will not result in improvement to private
property;
cY'The recipient/payee provides services within the City of Boynton Beach;
~ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
ijV"Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
Cl-S- &9
By:
~..
City Manager
-=--
S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-2006IBLANK FORM REVISED05-
oe.doc
Community Investment Funds Spent 2008/2009
COMMISSIONER WEILAND
--.-..,-.-.-..-
Amt Total Organization
Spent
..-----
Weiland 1,000 Southern Dance
600 PBC School Dist. Education Network
750 The Dancer's Alchemy. Inc.
2,500 Bethesda Memorial Hospital
250 Boynton Hoops. Inc.
2,400 The Dancer's Alchemy, Inc.
2,500 10,000 Jayne E. Miller Nursing Scholarship
-1
i Approved
------j Date
I 10107/08
T.E.N. I 11105/08
03117/09
04/07/0'1
06/02/09
I Pending
~_._ i Pending
,C{('~ y C,'"
(. '~-'"' -.- -.
'6. l\}:
'>""/~-::)o;~' -'i!J;/
VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Fonn Must be
Commission Meetiol! Turned in to City Clerk's Turned in to Lellal Turned in to Procurement
Dates Office
0 September I, 2009 Aueust 17, 2009 Aueust 12, 2009 Aueust 10, 2009
IZI September 14. 2009 Aueust 31, 2009 Aueust 26, 2009 Aw!Ust 24, 2009
0 October 6, 2009 September 14, 2009 September 9, 2009 Seotember 7, 2009
II October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009
0 Announcements/Presentations 0 City Manaeer's Report
NATURE OF 0 Administrative n New Business
AGENDA ITEM IZI Consent Agend. 0 Lee.l
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearin~ 0
RECOMMENDATION: Authorize the use of$I,OOO.OO from Vice Mayor Hay's Community Investment Fund to assist the
Schoolhouse Children's Museum, and $800.00 for the Boynton Woman's Club.
EXPLANATION: Commission approval is requested for allocation of the following:
. $1,000 for Schoolhouse Children's Museum to assist with general expenses and programs.
. $800 for the Boynton Woman's Club to assist with general expenses.
PROGRAM IMPACT: Allocation of funds will assist the above organization.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Head's Signature
i.~,,;~.
ALTERNATIVES: Decline to authorize the requested use.
Department Name
-:>
S-\B\.ILLET1N\FORMSIAGENDA ITEM REQUEST FORM,DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 8, 2009
Requested by Mayor/Commissioner: Vice Mayor Hay
Amount Requested: $1,000
Recipient/Payee: Schoolhouse Children's Museum
Description of project, program, or activity to be funded: Allocation of funds will assist the
above center with general expenses for programs and operating the facility.
Dated: '/ 1'1/ iJ'i
By: /'~ tA)L~
Part II-Availability offunds (to be completed by the Finance Director)
The anImal appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $8,200.00 has been used to date by the requesting Member,
leaving a balance of available funds of $1,800.00. This request would bring the available
amount down to $800.00.
Accordingly:
-0
o
There are funds available as requested
There are insufficient funds available as requ~
f.g. Ot By: d6(,
Fmance DIrector
Dated:
Part 111- Eligibility Evaluation (to be completed by City Manager)
if The proposed expenditure of funds will not result in improvement to private
'property;
b" The recipient/payee provides services within the City of Boynton Beach;
or/The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~/Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
r-... 0 ".,~
'1-0~vl
By:
'\
J~-_..
City Manager
S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05-
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 8,2009
Requested by Mayor/Commissioner: Vice Mayor Hay
Amount Requested: $800
RecipientlPayee: Boynton Beach Woman's Club
Description of project, program, or activity to be funded: Allocation of funds will assist the
above center with general expenses for operating the facility.
Dated: r jq-jo'l
By: ~ LJ~
Part II-Availability offunds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $9,200.00 has been used to date by the requesting Member,
leaving a balance of available funds of $800.00. This request would bring the available
amount down to $0.
Accordingly:
'6 There are funds available as requested
oTher are insufficient funds available as re~
q ~ tJ By: ~
Finance Director
Dated:
Part 111- Eligibility Evaluation (to be completed by City Manager)
ill"'" The proposed expenditure of funds will not result in improvement to private
property;
\If'" The recipient/payee provides services within the City of Boynton Beach;
i!('" The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
ll/i'roper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: OJ -~-OPf
By:
~~
City Manager
~--
S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05-
06.doc
Page I or 1
Welsh, Pam
From: Woody Hay [Whay@palmbeach.k12f1.us]
Sent: Tuesday, September 08, 2009 11'33 AM
To: Welsh, Pam
Subject: Upcoming Activities
Hi Pam,
· Women Club on Fri 11/9 my wife & r will attend.
· Children Museum on this Fri --- can not attend, r will be conducting a wedding
ceremony.
. What others am r missing??
Also, r understand r have $1,800 left in my discretionary fund; r would like to give
$1,000 to the Children's Museum and $800 to the Women Club. Please see that these
items get placed on the next agenda. Thanks...
Vice Mayor Woodrow L. Hay
(561) 436-8737
Q/RO!)!)Q
Community Investment Funds Spent 2008/2009
VICE MAYOR HAY
Total Organization Approved
Amount Spent Date
Hay 500 Boynton Beach H.S. Aerospace Program 10121/08
900 Boynton Beach H.S. Girls Basketball 10/21/08
500 PBC School Dist. Education Network T.E.N. 11/05/08
300 Boynton Beach CRA Concert 1/16/09 12/16/08
2,000 Heritage Awareness Celebration 04/07/09
500 Toussaint L'Ouverture High School for Arts/Social Justice 04/21/09
1,000 Boynton Hoops, Inc. 05/19/09
500 Poinciana Elementary Math/Science/Tech. Magnet School 06/16/09
1,000 Museum of Lifestyle & Fashion History 7/7/09
1,000 Education & Youth Advisory Board 7/7/09
1,000 Schoolhouse Children's Museum Pending
800 10,000 Boynton Woman's Club Pending
VI.-CONSENT AGENDA
ITEM L.
,......~yn:_C>".
o' r-
o'~
,; -,
"'- ""- .
'_" 'r~~ . .... .;,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Pann Must be
Commission Meetinl! Turned in to City Clerk's Turned in to Lellal Turned in to Procurement
Dates Office
0 September 1, 2009 August 17, 2009 August 12, 2009 Au.ust 10, 2009
lEI September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009
0 October 6. 2009 September 14. 2009 SePtember 9, 2009 Seotember 7, 2009
0 October 20, 2009 OctPber 6, 2009 September 30, 2009 Sentember 28, 2009
0 AnnouncementsIPresentations 0 Citv Mana.er's Renort
NATURE OF n Administrative 0 New Business
AGENDA ITEM j)(J Consent Ae:enda 0 Legal
0 Code Comnliance & Lel!al Settlements 0 Unfinished Business
0 Public Hearinl! 0
RECOMMENDATION: Authorize the use of$I,500.00 to The Children's FundlHispanic Human Resources Council from
Commissioner Rodriguez's Community Investment Fund.
EXPLANATION: Commission approval Is requested for allocation of $1 ,500.00 to The Children's Fund to assist the
Hispanic Human Resources Council to operate two child development centers in West Palm Beach. Both centers offer quality
child care for low income, disadvantaged families and children at risk.
PROGRAM IMPACT: A\1ocation offunds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Head's Signature
ity Manager's Signature
ALTERNATIVES: Decline to authorize the requested use.
Department Name
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part I- Summary of Request
Date of Request: September 9, 2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $1,500
Recipient/Payee: The Children's Fund/Hispanic Human Resources Council
Description of project, program, or activity to be funded: The Children's Fund assists HHRC
to operate two child development centers in West Palm Beach. Both centers offer quality
child care for low income, disadvantaged families and children at risk.
Dated: 71'1lo?
By: /'a-.-.- (J~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $2,100.00 has been used to date by the requesting Member,
leaving a balance of available funds of $7,900.00. This request would bring the available
amount down to $6,400.00.
AccordinglYj
~ There are funds available as requested
D There are insufficient funds available,an)y-!, [) ()
Dated: f,9.o~ By: 'M~d>
Fmance Duector
Part 111- Eligibility Evaluation (to be completed by City Manager)
D The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
./ofBoynton Beach and participation is open to all residents of the City; and
I:l' Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
I
Dated:
~ Cf -q~ ()~
By:
~#
City Manager
S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05-
06.doc
Page I of I
Welsh, Pam
From: jreguez@aoLcom
Sent: Tuesday, September 08, 2009 10:01 PM
To: Welsh, Pam
Subject: Hispanic Human resources Childrens Fund
Pam, please apply $1500 of my community funds to this non-profit. You should have them on record as
I've contributed to the children's fund in the past.
Best,
Jose
9/9/2009
Community Investment Funds Spent 2008/2009
COMMISSIONER RODRIGUEZ
Amt Total Organization I Approved I
Spent Date
Rodriguez 1,000 Education & Youth Advisory Board 04/21109 I
850 Woman's Club 05/19/09 I
I
250 Boynton Hoops, Inc. I 06/02/09 I
1,500 3,600 The Children's FundIHispanic HR Council Pending
I I
~--~- ___L_~_ I
. . HHRCinc.com
Page 1 of 1
I Hspanic Ilulllan Hesources Council
The Childrens Fund
The Children's Fund, established in 1988, is one of HHRC's outstanclin!', projects. The dedicated
Steering Committ€e strives to develop new and innovative funding alternatives to enhance present
government funded programs. Currently, The Children's FUlld assists HHRC to opel'ate two child
development centers in West Palm Beach. Both centers offer quality child care for low income.
disadvantaged families and children at risk. Providing child care and development sen;ces to over
:300 children ranging in age from infant to 5 years, HHRC ahw ensures each child receives a
nntritious breakfast, lunch and afternoon snack on a daily basis. A large number of children have
been referred by the State Department of Children and Families due to abuse, neglect or because
they are considered to be 'at ris];'. Government funding is diminishing while the number of children
reqniring help continues to grow. The need for private funding is profound. Therefore it is very
important that assistance from the private scetor be obtained. Please take a moment to carefully
c:onsidcl' this wortlnvhile project.
http://www.hhrcinc.com/c fund. html
71l3/2007
11l~RCinc.c()m
Page
\if 1
Ilisp(lnic Ilumdll nesnurces ( nunc iI
Our Vision and Mission
IHPeslin9 in l'k'esenl
uncl Fulurp
{;encralions...
Prooidinfj lVorld
Class, Conlprehensive
Services to enlpolocr
Children and Families
in the Conununit1J.
HHRC has Ilnplementf'(l a variety of intergenerational, mulhculturai service programs which include
Quality Child Care, Scniu!' Programs, Business and Economic Development, Atfurdabll' t{olls"ing,
Ach'ocaey, Translatiun ~ Interpreter Servi('es, Employnwnt & Training, and lnfnfmation and
Referral. HHRC operates two Child Development Centers serving uver :{=)l) children and hnnilies.
Both e;cnters are Golrl. Seal Schouls accredited b\' the National Assuciation tor the Educatiun of Young
Children (NAEYC) pruvicling qUillity child r:arp for lll\y income disadvant,u;ed familips, ;jJHj child1'€l1
nt risK. The children rant!.t' from infant to .'1 years old,
(-IHRC' is a non-prniH ('lJlllll1lmily based Ilrganiza1ioIJ. P$tabJisheo ill lq~" to (I,1<11'es<..; thp social
serdce needs of the c(nnmllnity :-md 10 inlJ\rm'l~ ('ll1tllrdl ;l\Vart-'DI':::",:; alld ll11r1er:;tanclio;l: ;tlll()ng tilt-
l't~sjclt'nts (\r the L'ommunit\.
HHRC is an Agency of the United Wav.
) 1.". ~;...... ~ ,_, .~~ .'
7'13."2\)(J:
I-lHRCinc .com
Page 1 of 1
IlisPdl1iC Ilulllan Hesollrces Council
\\\.\''\/),,1/11(0
,(, So
:;", c.
<1,' -:;l
~ HHR ~
1l ~
"-t, (!-,
6~ACHC(j!}
Contact Information
HHRC is a non-prufit community based organizatirjl1, c'stablishcd
in 1977 to i:,ddress the so{'i::tl Sf't'\ iec D0Ccls of the. eon.\rnunity and to
improve cultural awareness and understanding among the
residents of the community.
Hispanic HUlnan Resources Council, Inc.
1427 S. Congress Ave.
West Palm Beach, FL. 33406
(561) 641-7400 or (561)641-4198
.Jorge Avellana, Executive Director
.Judy M, Pierman. Deputy Director
For more information call:
56161]-7400
hrtn 1/"\\lW'JJ nnr('111C c0m/e()ntt='lrf ntml
7113/2007
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM M.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetinl! Turned in to Citv Clerk's Turned in to Lel!al Turned in to Procurement
Dates Office
D September I, 2009 Au.ust 17, 2009 August 12, 2009 August 10, 2009
[2J September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009
D October 6, 2009 SePtember 14, 2009 September 9, 2009 Seotember 7,2009
D October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009
D AnnouncementslPresentations D Cilv Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [2J Consent Agenda D Legal
D Code Comoliance & Legal Settlements D Unfinished Business
D Public Hearin!! D
RECOMMENDATION: Authorize the use of$I,750,00 from Commissioner Rodriguez's Community Investment Fund to
assist the Colonial Club Sections I and II with re-Iandscaping of Clubhouse and Pool,
EXPLANATION: Commission approval is requested for allocation of$I,750,00 to assist the Colonial Club Sections I and
II with re-Iandscaping the Clubhouse and Pool due to the devastation caused by Hurricane Wilma,
PROGRAM IMPACT: Allocation of funds will assist the above organization,
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities, Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval,
ALTERNATIVES: Decline to authorize the requested use,
Department Head's Signature
~
Department Name
City Manager's Signature
Assistant to CityMar:~~
City Attorney / Finance
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 10,2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $1,750.00
RecipientlPayee: Colonial Club Section 1 and 1I
Description of project, program, or activity to be funded: Assist Colonial Club Sections I and II
to re-landscape areas around the Clubhouse and Pool due to Hurricane Wilrna.
Dated: '110/07
.
By: /~ CJ~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $3,600.00 has been used to date by the requesting Member,
leaving a balance of available funds of $6,400.00. This request would bring the available
amount down to $4,650,00.
Accordingly;/"
~ There are funds available as requested
[J There are insufficient funds availabl.e /)iJff~
Dated: q'/O.H By: ~
T Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
[J The proposed expenditure of funds will not result in improvement to private
property;
[J The recipient/payee provides services within the City of Boynton Beach;
[J The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents ofthe City; and
[J Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05-
06.doc
Page 1 of 1
Welsh, Pam
From: jreguez@aol.com
Sent: Tuesday, September 08,20092:31 PM
To: Welsh, Pam
Subject: Fwd: Assitance with Landscaping Project
see below $1750 for community funds... when is the last meeting to apply funds??
Best,
Jose
om-Original Message-----
From: Kathy Bauer <kbauer2@mac.com>
To: jreguez@ao1.com
Sent: Tue, Sep 8, 2009 1 :05 pm
Subject: Assitance with Landscaping Project
Dear Mr. Rodriguez,
In October of2005, Colonial Club Sections 1 and II were devastated by Hurricane Wilma. Many units in the complex
were left severely damaged and some were uninhabitable.
With our insurance proceeds as well as unit owner assessments, we were able to make most of the necessary repairs to
our buildings and individual units. This reconstruction was a huge undertaking and took more than 3 years to
complete. At present, we are working toward completion of the repairs and renovation of the last building, our
Clubhouse. We have replaced the roof and had the Clubhouse painted but do not have adequate funds to complete any
landscaping. Going forward, we plan to re-Iandscape areas around the Clubhouse and Pool are requesting any financial
assistance you might be able to provide toward completion of this project.
We appreciate your help and look forward to hearing from you in the near future. Our property manager, Sue Iorio, is
in our Clubhouse from 10 AM to I PM Monday through Friday and may be reached at 561-364-9750 during those
hours.
Thank you for your assistance in this matter.
Sincerely,
Kathy Bauer, President, Colonial Club, Section I
Mike Iodice, President, Colonial Club, Section II
9/8/2009
Community Investment Funds Spent 2008/2009
COMMISSIONER RODRIGUEZ
Amt Total Organization Approved
Spent Date
Rodriguez 1,000 Education & Youth Advisory Board 04/21/09
850 Woman's Club 05/19/09
250 Boynton Hoops, Inc. 06/02/09
1,500 3,600 The Children's Fund/Hispanic HR Council Pending
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1n
VI.-CONSENT AGENDA
ITEM N.
Requested City Date Final Form Must be Date Final Form Must be Date Final Pann Must be
Commission Meetine Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement
Dates Office
[ September I, 2009 Au.ust 17, 2009 Au.ust 12. 2009 AIJ.ust 10, 2009
~ SePtember 14,2009 Au.ust 31. 2009 Au.ust 26, 2009 August 24, 2009
D October 6, 2009 SePtember 14, 2009 September 9, 2009 Senterober 7, 2009
r I October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009
n AnnouncementsIPresentations D Cilv Mana.er's Report
NATURE OF n Administrative D New Business
AGENDA ITEM [2J Consent Agenda D Le.a1
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize the use of$825.00 for the Community Caring Center, $825.00 for the Caridad Center
from Commissioner Rodriguez's Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of the following:
. $825.00 for Community Caring Center to provide food and help with general expenses.
. $825.00 for Caridad Center to assist all low income families for free health services.
PROGRAM IMP ACT: Allocation of funds will assist the ahove centers.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000.00 in Community Investment Funds to
allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
Public Affairs
Assistant to City Man~
City Attorney / Finance
Department Name
SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 10,2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $825.00
RecipientlPayee: Community Caring Center
Description of project, program, or activity to be funded: Funds are to be used to provide food
and help with general expenses for operating the facility.
Dated: 9L/o,
By:/~ lJ~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000,00. $8,350.00 has been used to date by the requesting Member,
leaving a balance of available funds of $1,650.00. This request would bring the available
amount down to $825.00.
Accordingly: /
ii' There are funds available as requested
o There are insufficient funds availa~ )7~sr\?
Dated: If/o.or BY:~
I Finance Director
Part I1I- Eligibility Evaluation (to be completed by City Manager)
Dated:
~ -/()- 0'7
.s;v"The proposed expenditure of funds will not result in improvement to private
property;
V'The recipient/payee provides services within the City of Boynton Beach;
i/ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~roper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
~~
City Manager
By:
--.:..
S:\City MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 10,2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $825,00
RecipientlPayee: Caridad Center
Description of project, program, or activity to be funded: Allocation of funds will assist the
above center to assist all low incorne families for free health services.
Dated: 1 k) D<j
By:/~CJ~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $9,175.00 has been used to date by the requesting Member,
leaving a balance of available funds of $825.00. This request would bring the available
amount down to $0.
Accordingly:
o
o
There are funds available as requested
There are insufficient funds available as requested.
Dated:
By:
Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
Iil"'" The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
i4' Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: 9 -I V-CF? By: ( /1./\
~~ager
S:\City MgMdminislration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
oe.doc
Community Investment Funds Spent 2008/2009
COMMISSIONER RODRIGUEZ
Amt Total Organization Approved
Spent Date
Rodriguez 1,000 Education & Youth Advisory Board 04/21/09
850 Woman's Club 05/19/09
250 Boynton Hoops, Inc. 06/02/09
1,500 The Children's Fund/Hispanic HR Council Pending
1,750 Colonial Club Sections I and II Pending
1,500 Sterling Village Pending
1,500 Boynton Isles Pending
825 Community Caring Center Pending
825 10,000 Caridad Center Pending
\
VI.-CONSENT AGENDA
ITEM O.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Date Final Ponn Must be Date Final Fonn Must be Date Pinal Form Must be
Commission Meetinl! Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement
Dates Office
D September I, 2009 August 17, 2009 August 12, 2009 August 10, 2009
[2J September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009
D October 6, 2009 Seotember 14, 2009 Seotember 9, 2009 September 7, 2009
D October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM I:8J Consent A2enda D Legal
D Code Comoliance & Le.al Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize the use of $1 ,500.00 for Sterling Village HOA from Commissioner Rodriguez's
Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of $1 ,500.00 for Sterling Village to assist HOA with
project to light up their main entrance, for safety and esthetic reasons on Federal Highway.
PROGRAM IMPACT: Allocation of funds will assist the above HOA.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
Department Head's Signature
~C' 11' .
Ity Manager's SIgnature
Department Name
AssistanttoCityMan~
City Attorney / Finance
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 10, 2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $1,500
RecipientlPayee: Sterling Village HOA
Description of project, program, or activity to be funded: Funds will assist Sterling Village HOA
with project to light up their rnain entrance, for safety and esthetic reasons on Federal Highway.
Dated: 'I ~/)/01
By:~t:J~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $6,850.00 has been used to date by the requesting Member,
leaving a balance of available funds of $3,150.00. This request would bring the available
amount down to $1,650.00,
Accordingly:
Q There are funds available as requested
Q There are insufficient funds available as reques
Dated:
9. JD. tJ9
.
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Q The proposed expenditure of funds will not result in improvement to private
property;
Q The recipient/payee provides services within the City of Boynton Beach;
Q The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
Q Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-2006IBLANK FORM REVISED05-
06.doc
Page 1 of 1
Welsh, Pam
From: jreguez@aol.com
Sent: Wednesday, September 09, 2009 11 :07 PM
To: Welsh, Pam
Subject: Fwd:
please provide $1500 for Sterling Village.
Best,
Jose
-----Original Message-----
From: Sterling Village <sterlingcond@bellsouth.net>
To: jreguez@ao1.com
Sent: Wed, Sep 9, 2009 9:38 am
To Jose,
At the present time we desperately need to start a project to light up our main entrance, for safety and
esthetic reasons on Federal Highway. The economic decline has had a major impact on our senior and our
community.
Any help you could give in these endeavors would be greatly appreciated by my self and all our residents.
If you have any questions please contact me at 561-732-4155. Thank you.
Sincerely,
James Lynch, President
Sterling Village Condo
500 S. Federal Hwy
B.B, FL 33435
9/10/2009
Community Investment Funds Spent 2008/2009
COMMISSIONER RODRIGUEZ
Amt Total Organization Approved
Spent Date
Rodriguez 1,000 Education & Youth Advisory Board 04/21/09
850 Woman's Club 05/19/09
250 Boynton Hoops, Inc. 06/02/09
1,500 The Children's FundlHispanic HR Council Pending
1,750 Colonial Club Sections I and II Pending
1,500 8,350 Sterling Village Pending
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.l
VI.-CONSENT AGENDA
ITEM P.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetine: Turned in to City Clerk's Turned in to Le2aI Turned in to Procurement
Dates Office
D September I, 2009 Awrust 17, 2009 August 12, 2009 Au""st 10, 2009
[2J September 14. 2009 Au.ust 31,2009 August 26. 2009 AU2ust 24, 2009
II October 6, 2009 Senternber 14,2009 SePtember 9, 2009 Sentember 7, 2009
D October 20. 2009 Octnber 6, 2009 Sentember 30, 2009 Sentember 28, 2009
AnnouncementsIPresentations
NATURE OF
AGENDA ITEM
Ci Mana er's Re ort
D Code Com liance & Le 01 Settlements
D Public Hearin
RECOMMENDATION: Authorize the use of$I,500.00 for the Boynton Isles Neighborhood Association from Connnissioner
Rodriguez's Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of $1 ,500.00 for the Boynton Isles Neighborhood
Association to assist HOA in landscaping, repairinglrefacing the existing monument sign and new lighting.
PROGRAM IMP ACT: Allocation of funds will assist the above HOA.
FISCAL IMPACT: <Include Account Number where fuuds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Head's Signature
~
City Manager's Signature
AL TERN A TIVES: Decline to authorize the requested use.
Department Name
Background documents to Agenda Request:
Exhibit A - Original Agenda Request from the September 18, 2007 Commission Meeting asking for authorization of $1 ,300
for the Boynton Isles Neighborhood Association for cleaning canal which is publicly owned from Vice Mayor Rodriguez's
Community Investment Fund.
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Exhibit B - Minutes from the September 18, 2007 Commission Meeting authorizing the use of $1 ,300 for the Boynton Isles
Neighborhood Association from Vice Mayor Rodriguez's Community Investment Fund.
Exhibit C - Direct Payment Requisition for $1,300 to Boynton Isles Neighborhood Association and copy of check # 155603
to Boynton Isles.
Exhibit D - Accountability letter and form to Boynton Isles stating that a check in the amount of$I,300 is enclosed and that
the City Commission has a requirement of mandatory post expenditure reporting.
Exhibit E - Original Agenda Request from the December 18,2007 Commission Meeting asking for reallocation of$I,300
for the Boynton Isles Neighborhood Association for landscaping, enttyway enhancement, and neighborhood entry sign
repair/replacement.
Exhibit F - Minutes from the December 18, 2007 Commission Meeting authorizing the reallocation of the $1,300 for
Boynton Isles.
Exhibit G - Documentation of conversation with Jeanne Wenzel asking if the Community Investments Funds could be used
for something other than what was approved. Copy ofletter and accountability form Ms. Wenzel had requested.
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 10, 2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $1,500.00
RecipientlPayee: Boynton Isles Neighborhood Association
Description of project, program, or activity to be funded: Funds will assist the above
homeowners association with landscaping, repairing/ref acing the existing monument sign
and new lighting.
Dated: 7,f;,,/cJ'l
By: ~~ c.Jd-l
Part II-Availability offunds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00, $5,350.00 has been used to date by the requesting Member,
leaving a balance of available funds of $4,650.00. This request would bring the available
amount down to $3,150.00
Accordingly:
o There are funds available as requested
o There are insufficient funds available as re
Dated:--'! . In. df
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 200S-20061BLANK FORM REVISED05-
06.doc
Community Investment Funds Spent 2008/2009
COMMISSIONER RODRIGUEZ
Amt Total Organization Approved
Spent Date
Rodriguez 1,000 Education & Youth Advisory Board 04/21/09
850 Woman's Club 05/19/09
250 Boynton Hoops, Inc. 06/02/09
1,500 The Children's PundlHispanic HR Council Pending
1,750 5,350 Colonial Club Sections I and 11 Pending
Page 1 of 1
Welsh, Pam
......-.-..- .-----...... ......-.--.-...-.-..--.
---~"--~,--_.._-~---~-
From: jreguez@aol.com
Sent: Tuesday, September 08, 2009 9:58 PM
To: Welsh, Pam
Subject: Fwd: sign..
Attachments: Boynton Isles eRA App0001. pdf
Pam, please apply $1500 from our my community funds towards the Boynton Isles Neighborhood
association. Thanks..
Best,
Jose
-----Original Message-----
From: Tami Laing <tamilaing@bellsouth,net>
To: jreguez@aol.com
Sent: Mon, Sep 7, 2009 4:04 pm
Subject: RE: sign..
Jose,
I hope u can help with this expense that we are incurring that will only go to beautify
our community and the city. Let me know if you need anything else.
The improvements are, of course, to include repairing/refacing the existing monument
sign, new lighting and landscaping. Estimated cost approx $3000 - $4000
I'll be out of the office all day tomorrow. My cell ph #561-251-3865 or iphone email is
ta l11i@p rQfle rmit~e ryifes. com
Thank you.
Tami
9/9/2009
iJl.,' ~~Y~Te~ C
Iii East Side~West Side-Seas,de Renaissance
2008/2009
COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM
APPLICATION FORM
Boynton Beach Community Redevelopment Agency
Maximum Grant Amount is $15,000.00
(PI_ Print Or Type Only - Use Additional Sheets If Necessary)
APPLICANT INFROMA TION
Name of Property
Owner:
Boynton Isles N.A., Inc.
Address of Property
Owner:
c/o 937 Greenbriar Dr.
City/State:
Boynton Beach FL
Zip Code:
33435
Phone # Day:
561-251-3865 Evening:
561-251-3865
Legal owners and legal description of the property to be improved (pIes.. attach copy
of warranty deed and lease, "applicable):
Boynton Isles f'lat 1& II
Located @ Federal Hwy & Greenbriar Dr.
If Different from
Property Owner
Name of Business:
Address of Business:
City/State:
Zip Code:
Phone # Day:
Evening:
Type of Business:
Years of Operation:
Community Improvement
2
Number of Employees: 30 I Velu.' Payroll:
Number of Employees residing in Boynton Beach:
o
so
PROGRAM GUIDELINES
The following guidelines are Intended to inform a potential grant applicant of the extent
and scope of the program. The purpose of the program is to encourage commercial
property owners to upgrade their properties by improving the extemal appearance of
their business and to encourage businesses to invest in their operations. The result will
halt deterioration, stabilize property values, improve and upgrade appearance of the
area, and facilitate and encourage redevelopment activity In the target area.
The following guidelines are applicable 10 this program:
1. The program is available only for property located within the Community
Revitalization Areas of the Boynton Beach Community Redevelopment
Agency (CRA). Note: See attached Fac;ade Grant Area Map.
2. The program is for commercial properties and businesses. The property
owner must be the applicant. However, if the property is currently leased
to a tenant, then the Application and Agreement must be jointly executed
by both the owner and the tenant.
3. Eligible exterior improvements for this program include:
. Painting
. Shutters
. Signage (located on the building or the property)
. Awnings/canopies
. Doorslwindows
. Landscaping around the building
. Irrigation
. Parking lot re-paving, re-sealing, re-striping
. Exterior Lighting
. Patio or decks connected to the building
. Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement)
. ADA Improvements
4. All work !!!.Yl! be in compliance with applicable Boynton Beach Building
Codes and all contractors lm!I1 be licensed in Boynton Beach/Palm
Beach County. If the Applicant(s), installs enhanced landscaping and or
signage it must be in accordance with City Ordinance No. 98-43.
2
PROJECT INFORMATION
Describe improvements to be done to the property.
Attach the following items:
. Project work write-up(s) describing in detail the scope of the project,
. Plans or sketches if applicable,
. Site plan and plant list for landscape projects,
. Third-party cost estimates from three (3) licensed contractors,
. Estimated time line,
. Evidence of financial ability to pay for the project (approved loan, cash
account, line of credit, etc.),
. A minimum of four (4) 3" x 5" color "before" photos of the project which
must include "public views",
. Signage design with colors & materials proposed if applicable,
. Project color chips I material samples if applicable,
. And material specifications.
Applicable documents must be attached for the Application to be processed.
By signing this Application, I acknowledge that I have received and read a copy of the
Program Agreement, and I understand and agree to comply with its content.
I
Witness
(Date)
(Property owner's signature must be notarized)
Tenant/Business Owner
(Date)
Witness
(Date)
CRA Director
(Date)
STATE OF FLORIDA, COUNTY OF PALM BEACH
5
BEFORE ME, an officer duly authorized by law to administer oaths and take
---'-::{.n nA .' I . \
acknowledgements, personally appeared 1I't"''1 j.JJ.-, h CJ ' who is
personally known to me or produced p l. ~L.. as identification,
and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and
County aforesaid on this
day of
<=t
,200_.
NOTARYPUBLlC_~ Q,
t-k
...... \ A
QO
My Commission Expires:
9 - r;2- oc,
NOTARY PUBLlC.sTATE OF FLORIDA
"""'"'''' Kimberly A, Heinkel
iW1coDlmisslon #DD471098
....~i Exj>ires: SEP. 12, 2009
ROND'Ej; THRU ,^TLANTIC BOND!NG co., me.
6
.,
j.,E1)/ I~ crhf "-/r-: l,t p;N:f,
~TRIM,;JA!P ~ c; /U g,- >
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SCHEME A
Design Center
Boynton Isles Proposed Landscape @ Entryway Monday, September 07, 2009
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VI.-CONSENT AGENDA
ITEM S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
EXHIBIT A
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fioal Form Must be Turned
Meetin2 Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
[gI September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$I,300.00 for the Boynton Isles Neighborhood Association from Vice Mayor
Rodriguez's Community 1nvestment Funds.
EXPLANATION: Commission approval is requested for allocation of$I,300.00 for the Boynton Isles Neighborhood
Association to assist HOA in cleaning canal which is publicly owned.
PROGRAM IMPACT: Allocation of funds will assist the above HOA with the cleaning of the canal.
FISCAL IMP ACT: <Include Acconnt Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities, Each Commissioner has $15,000 in Community Investment Funds to allocate
subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
City Manager's Si nature
Department Name
Zt to City Manager
. d~~ V'~ t.
City Attomey / Finance
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 18,2007
Requested by Mayor/Commissioner: Vice Mayor Rodriguez
Amount Requested: $1,300.00
RecipientlPayee: Boynton Isles Neighborhood Association
Description of project, program, or activity to be funded: Allocation of funds will assist the
above homeowners association in cleaning the canaL
Dated: ~/J'B'/O?
By: ~ &/1L..L
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation offunds available to the requesting Member of the Commission
listed above is $15,000, $11,784 has been used to date by the requesting Member, leaving a
balance of available funds of $3,216. This request would bring the available amount down to
$1,916.
Accordingly:/
.<;if There are funds available as requested
o There are insufficient funds available as requested.
Dated: q I IY!D'1 By: J. 4~ /1',. . --C
~a:ce Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
17 The proposed expenditure of funds will not result in improvement to private
property;
B'" The recipient/payee provides services within the City of Boynton Beach; \-lOA.
s' The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
fit'" Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
q-Ib-Ol BY:~
City Manager
S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05-
06.doc
September 17, 2007
Mr. Jose Rodriguez Vice-Mayor
City of Boynton Beach
100 East Boynton Beach Blvd. 33435
Dear Mr. Rodriguez:
We have identified a projects within the neighborhood and your
district and are requesting your support.
Homeowners who pay higher taxes to live on the water do not have
24/7/365 access to the water areas within three of our canals. These
canals need to be dredged. At low tide there is less than six inches
of water under some boats, and homowners are unable to get their
boats off lifts unless the tide is high enough to get the needed
clearance. The City contributes to the fill and problem by having
water and sand run-off dumped into the canals.
We recognize that you live in our neighborhood, but, where you
live is not impacted by this condition so you will not benefit from
any funds contributed to this project.
Jeff Lis
President, Boynton Isles Neighborhood Assoc.
Bressner, Kurt
From:
Sent:
To:
Cc:
Subject:
Attachments:
Livergood, Jeffrey
Tuesday, September 18, 200711:02AM
Bressner, Kurt
Kelley, David
Boynton Isles Canals
Picture (Device Independent Bitmap)
Kurt,
Dave Kelley and I have researched two plats to try to determine ownership for the three finger canals in Boynton Isles. We
found the following plats:
1. Boynton Isles, platted in 1957
2. Boynton Isles, Plat 2, platted in 1983
The 1957 plat clearly identifIeS that "the owner does dedicate also to the public, as public navigable waterways, the Canals
as shown hereon."
The 1983 plat is for a portion north of the northerly canal off Kenner 17th. This plat states that "Maintenance of the canal is
the responsibility of the Homeowner's Association." The problem with this is that the canal referenced was not included in
the plat boundary so this really has no validity.
So, we must revert back to the 1957 plat of Boynton Isles. This plat, as noted, dedicated the canals to the public. This is
very generic because the public can mean many entities. Interestingly, the plat was signed not only by the City but it also
has a signature block for the Chairman of the Board of County Commissioners and a signature block for the County
Engineer. Not sure if this correlates to County ownership or responsibility for canal maintenance.
Dave noted to me that historically, the FDEP has assumed responsibility for navigable waterways and the Corps of
Engineers controls the Intracoastal Waterway. The referenced canals tie into only the Intracoastal.
Essentially, from an Engineering and Platting perspective, Dave and I are not quite sure which public agency is the
beneficiary of the canal dedication in 1957. If one includes only those public agencies signatory to the plat, than by process
of elimination then either the County or the City are the canal owners. It could very well be that the County signed this plat
for this project located within the City for this very reason. County Commission minutes prior to 1999 are not on-line so I
was unable to research those documents.
I also researched City Commission meeting minutes. In 1973 there was discussion during public audience about canal
maintenance and City responsibility with regard to same. Frank Kohl, then City Manager reported the following in the
minutes:
Mr. Kohl. said from a X'equest at a previous meeting when Counci~ asked
him to detennine how manY homes were located on canals, he l.ea=ed
there we1:'6 149 on La1<.e Eden, Go1fview Harbour, Mission Hill and
Venetiat't Isle. There are appro~tely 65 homes maintained by Lake
Worth Drainage District at GoJ.fView Harbour. He stated that in
checking the plats, the ones that specifically list the streets,
boulevards and canals dedicated to the City are Boynton Isles,
Golfvj;ew Barbour First SeCtion, GoJ.fview Barbour Second Section,
Venetian Isle, Addition No. 1 - Venetian Isle and Venetian Pa:t'k. It
was noted that Chapel Hill was not included, J'\OZ' Big Bass Secticn
of Go.lfview Harbour.
I am not aware of Mr. Kohl's research that would lead him to believe that the Plat provided that the canals in Boynton Isles
were dedicated to the City. Again, the plat states the canals were dedicated to the public with no definition of public since
both the County and City signed the plat. "Public" in this context could also mean the larger government agency(s)
controlling the Intracoastal Waterway.
I believe it necessary to solicit a legal opinion. I am sorry I am neither able, nor qualified, to provide a more definitive
position. I clearly know where engineering ends and law begins.
Jeff
Jeffrey R. Livergood, P.E.
Director of Public Works and Engineering
City of Boynton Beach, Florida
561-742-6201
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.
Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may
be subject to public disclosure.
2
Meeting Minutes
Regular City Commission
Boynton Beach, FL
EXHIBIT B
September 18, 2007
J. Authorize the use of $2,000 for MAD DADS of Greater Boynton Beach from
Commissioner McKoy's Community Investment Funds,
K. Authorize the use of $2,000 for the Boynton Regional Symphony Orchestra from
Commissioner McKoy's Community Investment Funds.
L. Authorize the use of $1,000 for the Boynton Beach High School from
Commissioner McKoy's Community Investment Funds.
M. Authorize the use of $1,300 for the Caridad Center from Vice Mayor Rodriguez's
Community Investment Funds.
N. Authorize the use of $1,000 for the CDC Peacemaker Youth Program from Vice
Mayor Rodriguez's Community Investment Funds.
O. Authorize the use of $584 for Save Old Boynton High from Vice Mayor
Rodriguez's Community Investment Funds.
P. Authorize the use of $1,300 for the Woman's Oub from Vice Mayor Rodriguez's
Community Investment Funds.
Q. Authorize the use of $1,300 for the Poinciana Elementary School Observatory
Fund from Vice Mayor Rodriguez's Community Investment Funds.
R. Authorize the use of $1,300 for the Boynton Beach High School from Vice Mayor
Rodriguez's Community Investment Funds.
S. Authorize the use of $1,300 for the .. Neighborhood Association from
Vice Mayor Rodriguez's Community Investment Funds.
Motion
Commissioner McKoy moved to approve the Consent Agenda with modification. Commissioner
McCray seconded the motion. The motion passed unanimously.
VI.D. Approve the updated Library Long Range Plan for 2007-2010.
Commissioner McCray requested the Library Director give an overview of the plan.
Craig Clark, Library Director, explained the long range plan is a three year rolling plan updated
each year as required for grant applications. It provides staff a road map or guide to provide
the quality of services to the community. It is the basis of the annual goals and objectives.
Motion
Commissioner McCray moved to approve Item VI.D. Commissioner Weiland seconded the
motion. The motion passed unanimously.
9
[7] RETURN CHF~K TO DEPT. CM Office
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
EXHIBIT C
Please issue a check in the amount of
$1,30000
TO: Boynton Isles Neighborhood Association
936 Brookdale Drive
Boynton Beach, Florida 33435
FOR: Community Investment Funds $1,300.00 from Vice Mayor Rodriguez's fund.
Commission approved 9/18/07
Requested By'
City Manager
Date:
09/19/07
Approvals:
Finance Dept.
J
/
--t"~
FUND DEPT BASIC ELE OBJ AMOUNT
001 1110 511 95 47 1,300.00
1,300.00
Div Head
City Manager
<<>{
,\(
. ~. .
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
BankofAmerica '"
~~
63.4/630 ~
CHECK NO.: 155603
CITY OF BOYNTON BEACH
DATE: 09/21/:2007
AMOUNT
$******1,300.00
PAY ONE THOUSAND THPEE HUNDRED AND 00/100 DOLLARS ************************
VOID AFTER 60 DA YS
PA Y TO THE OROER OF
BOYNTON ISLES NEIGHBORHOOD ASSOC
936 BROOKDALE DR
BOYNTON BEACH FL 33435
:(),
"'00 l. 5 5 bo :1'" ':0 b :10000 t. 7':
l. b l. l. 7 5:1 20 b'"
CITY OF BOYNTON BEACH
BOYNTON ISLES NEIGHBORHOOD ASSOC
CHECK NO: 155603
DATE INVOICE NUMBER DESCRIPTION AMOUNT
09/19/2007 INV91907 DONATION 1300.00
I
"
I
i
BOYNTON ISLES NEIGHBORHOOD ASSOC 3694 TOTAL $****1,300.00 I
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PLEASE NOTIFY us PROMPTLY AT 561-742.6320.
EXHIBIT D
The City of Boynton Beach
~\~''!.O''. \
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1J() L'V1'{) v iJJ..,: l( 'II. "'J..()UlI ),'1 :J:J-.J-:!;"'j-(}:J]O
('J?'}' .U..LV.Ifr'J'-"U'..... ()[<'j<'j('J'.,': Cia]) 74:!-(;()J()
J<:,lX: (.-;(fJ) 7-1-:!-{ifjJ 1
j'.,'-:H.l/J.,; uu/,.:.....'.....'.'.l}'.,'Ufl((('( 'J.110) ',\"}'( JS-
/Jh'.'ll 'fl, i"L l ','-t'
11'11'11. IJ()} 'S'J'O:V-JJI,.'.l ( 'II. {)/U;
September 24, 2007
Boynton Isles Neighborhood Association
936 Brookdale Drive
Boynton Beach, Florida 33435
Attn: Jeff Las, President HOA
Dear Mr. Las:
Attached please find a check in the amount of $1,300.00 from Vice Mayor Rodriguez's
Community Investment Funds for cleaning of the canal in Boynton Isles Neighborhood
Association.
The City Commission approved a requirement of mandatory post expenditure reporting for
all organizations/grantees that have received discretionary funds. This will ensure
accountability and proper usage of donated funds. Failure to adhere to this requirement
may result in your not receiving future funding.
Please fill out the attached form and return in the enclosed envelope and return to Pam
Welsh, City Manager's Office, City of Boynton Beach, P.O. Box 310, Boynton Beach,
Florida 33425-0310. If you have any questions concerning this new requirement for
receiving discretionary funding, please do not hesitate to contact me.
Thank you for your assistance.
Sincerely,
<~~t~,
Kurt Bressner
City Manager
~.UIERII~.J. 's UATEW.J. r TO THE GfTFSTHK.J.JI
CITY OF BOYNTON BEACH
DISCRETIONARY FUNDS ACCOUNTABILITY FORM
Orgamzation Name: Boynton Isles Neighborhood Association
Amount Received: $1,300.00 (September 2007)
Program/Event:
Program/Event Date:
Number of Boynton Residents Attended:
Describe How Discretionary Funds Were Used:
Please return this form in the enclosed envelope as soon as possible.
~~'~~O\
r.' t
1ll '~
o . ~ - u
" <r
'V]'- o..~
ON v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina1 Form Must be Turned Request~ City Commission
Meetine.Oates in to Citv Clerk's Office MectinllDates
[::;:;] December 18. 2007 December 3, 2007 (Noon) 0 February 19, 2008
0 January 2. 2008 December] 7.2007 (Noon) 0 March 4, 2008
0 Janual)' ] 5, 2008 December31,2007 (Noon) 0 March 18,2008
0 Febru8l)' 5. 2008 January 14,2008 (Noon) 0 Aprilt.2008
VI.-CONSENT AGENDA
TT~M ~
EXHIBIT E
Date Final Form Must be Turned
in to Citv Clerk's Office
February 4,2008 (Noon)
c:'
February 19, 2008 (NOo~
,.."
March 3, 2008 (Noon) c'J
I
to)
March 17, 2008 (Noon ~
..,
-..'-
,
, '1
.- "J
..,
, ~
.,
:
J
1
0 Announcements/Presentations 0 City Manager's Report 0
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [::;:;] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
.>
I' ;:-)
RECOMMENDA TlON: Authorize the reallocation of $1,300,00 for the Boynton Isles Neighborhood Association from
Vice Mayor Rodriguez's Community Investment Funds,
EXPLANA TION: Commission approval is requested for the reallocation of$l ,300.00 for the Boynton Isles Neighborhood
Association to assist the HOA for landscaping, entryway enhancement, and neighborhood entry sign repair/replacement vs.
canal cleaning which $1 ,300,00 was previously approved by Commission on 9/\8107 for fiscal year 2006/2007.
PROGRAM IMPACT: Reallocation offunds will assist the above HOA.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities, Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval. These funds have been previously approved and no new funds are requested,
ALTERNATIVES: Decline to authorize the reallocation of these funds,
~1f. ~ -
partment Head's Signature
~~
City Manager's Signature
~
~~} ~~.)
epartmen me
cfl Assistant to City Manager
-<Ie V~
City Attorney / Finance
S\~ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY I"IVESTMENT FUND
DISBURSE'VIENT REQLiEST FORM
Part 1- Surnmllry of Request
[)ate 01" Requcst September 18.2007
Requested by Mayor/Commissioner: Vice Mayor Rodriguez
Amount Requested: $1.300.0U
Recipient/Payee: Boynton Isles Neighborhuod Assuciation
Description of project. program, or activity to be funded: Allocation of funds will assist the
abuve homeowners association in cleaning the canal.
Dated " I, f{ lu ')
'7 I ~ /J
By: ..'~ (A/~../'-
Part II-A,'ailability of funds (to be completed by the Finance Director)
The arumal appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $11,784 has been used to date by the requesting Member, leaving a
balance of available funds of $3,216. This request would bring the available amount down to
$\,916.
Accordingly: ,
I<l"" There are funds available as requested
!J There are insufficient funds available as requested.
Dated: q I /y!tJ/ By: ~ M-/ec 1/". .-<
inance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated.
1;;1" The proposed expenditure of funds will not result in improvement to private
propel1y;
Er~ The recipient/payee provides services within the City of Boynton Beach: \-IC""
if The project. program or activity which is being funded will occur In the City
of Boynton Beach and participation is open to all residents of the City: and
;J'" Proper safeguards will be implemented to assure that the public funds being
appropriated \"ill be used fell' the stated purpose.
I
I /'j
(i -\ l. l ') By J:v,j-J2I.....rC.-,
Cit~ \'lanager
S 'Diy r;grAdm'o"tcatlon},ll\ YORCOM\COMMIJ"IiTY iNVESn....ENT 2005.2006,BLA'IK FORr~ REVISED05.
06 de:
Page 1 of 1
Welsh, Pam
From: Jeff Lis [Jeff.Lis@stiles.com]
Sent: Thursday, November 29,20071:20 PM
To: Welsh, Pam
Cc: jreguez@aol.com; Jay Laing; Jeanne Wenzel
Subject: Vice Mayor Rodriguez Community Investment Funds
We are in receipt of check in the amount of $1 ,300 from Vice Mayor's account.
At a recent neighborhood meeting the question was asked whether or not these funds could be used for landscaping, entryway
enhancement, neighborhood entry sign repair/replacement vs. canal cieaning...specifically given that $1,300 wili not accomplish
canal cleaning to the benefit of all residents, whereas the items mentioned would.
Please let me know ASAP what needs to be done to convert the use of these funds.
At this time I am holding the check waiting for a determination.
Jeff Lis
President Boynton Isles Neighborhood Association
The information in this email and any attachments are confidential and maybe legally privileged. It is intended solely for the addressee(s). Access to anyone else is
unauthorized. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If this message has been sent to you in error, do not
review, disseminate, distribute or copy it. If you are not the intended recipient, please delete this email.
11/29/2007
Meeting Minutes
Regular City Commission
Boynton Beach, FL
EXHIBIT F
December 18, 2007
5. Approve a contract with Urban Building Systems, Inc. of Palm City, FL for
Bid #071-2412-07/JA "FIRE RESCUE STATION NO.5 AND EMERGENCY
OPERATIONS CENTER", in an amount not to exceed $9,993,500 without
further City Commission approval. (Proposed Resolution No. R07-145)
Vice Mayor Rodriguez pulled Item VI.B.5. for discussion.
C. Resolutions
1. Proposed Resolution No. R07-146 RE: Approving and
authorizing execution of Task Order No. U07-17-3 with SFRN, Inc. for the
preparation of a Stormwater Operation and Maintenance Manual in the
amount of $38,322 from the Utilities OP budget.
2. Proposed Resolution No. R07-147 RE: Approving and
authorizing execution of an agreement with The Professional Medica!
Career Center to serve as a field training site for their Paramedic and
Emergency Medical Technician (EMT) programs.
3. Proposed Resolution No. R07-148 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Umits with Happy Birthday, LLC, for the property at 1162 Highview Rd.,
Lantana, FL (Ridge Grove Add No 1 Lots 176).
Commissioner Hay pulled Item VI.C.3. for discussion.
4. Proposed Resolution No. R07-149 RE: Approving and
authorizing execution of Amendment No. 1 to Task Order U07-10-05,
Kimley-Hom and Associates, Inc. in the amount of $60,133.12 providing
for the completion of construction documents, permitting, bidding and
construction phase services.
Vice Mayor Rodriguez pulled Item VI.CA. for discussion.
5. Proposed Resolution No. R07-150 RE: Approving and
adopting a Travel Policy for the Boynton Beach City Commission similar
to a recently adopted policy for the CRA Board.
Commissioner Hay pulled Item VI.C.5. for discussion.
D. Approve the "PENINSULA, a IPUD" Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr. (City
Engineer and Survey and Mapper).
E. Authorize the reallocation of $1,300 for the _ Neighborhood
Association from Vice Mayor Rodriguez's Community Investment Funds.
Commissioner Hay pulled Item VI.E. for discussion.
6
Meeting Minutes
Regular City Commission
Boynton Beach, FL
December 18, 2007
VI.C.3.
Proposed Resolution No. R07-148 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City Limits
with Happy Birthday, LLC, for the property at 1162 Highview Rd., Lantana, FL
(Ridge Grove Add No 1 Lots 176).
Commissioner Hay questioned the requirement to provide water in the service area. Mr.
Bressner responded the water service area had been outlined in the agreement with the South
Florida Water Management District. There is a 2S% surcharge on the water rates outside the
Boynton Beach City limits. The parties also agree to annexation if the property becomes
contiguous to the City limits and annexation is sought.
Motion
Commissioner Hay moved to approve Proposed Resolution No.R07-148. Commissioner Weiland
seconded the motion. The motion passed unanimously.
VLC.4.
Proposed Resolution No. R07-149 RE: Approving and
authorizing execution of Amendment No.1 to Task Order U07-1o-0S, Kimley-
Horn and Associates, Inc. in the amount of $60,133.12 providing for the
completion of construction documents, permitting, bidding and construction
phase services.
Vice Mayor Rodriguez questioned why the expense would not be borne by the developer/owner.
Mr. Bressner replied the utility lines were pre-existing and would continue to be maintained by
the City.
Motion
Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-149. Commissioner Hay
seconded the motion. The motion passed unanimously.
VLC.S.
Proposed Resolution No. R07-150 RE: Approving and adopting
a Travel Policy for the Boynton Beach City Commission similar to a recently adopted
policy for the CRA Board.
Commissioner Hay inquired if emergency travel could be accommodated within the parameters of
the proposed Resolution. The Cl:IffeFlt ",raeesl:Ire was al:ltliFles fer itefRs ta a",,,,ear all ti'le agellsa
fer Cammissiall a",,,,reval. There was agreement the City Manager could approve the expense and
bring the item before the Commission after the fact. It was decided the City Manager and Finance
Director signature would not be required on the request form. The Oty Manager would only sign
the agenda cover sheet.
Motion
Commissioner Hay moved to approve Proposed Resolution No. R07-1S0 with modification.
Commissioner Ross seconded the motion. The motion passed unanimously.
VLE. Authorize the reallocation of $1,300 for the .. Neighborhood
Association from Vice Mayor Rodriguez's Community Investment Funds.
8
Meeting Minutes
Regular City Commission
Boynton Beach, FL
December 18, 2007
Commissioner Hay requested a copy of the written guidelines for donations and Mr. Bressner
agreed to provide both new Commissioners with the final version of the terms.
Motion
Commissioner Hay moved to approve Item VI.E. Commissioner Ross seconded the motion.
The motion passed unanimously.
VJ.F. Approve renaming of Wilson Pool in honor of Mr. John Denson, original lifeguard
and swim instructor at Wilson Pool.
Wally Majors, Director of Recreation and Parks, presented a tribute to John Denson for his
many years of dedication and service at the Wilson Pool. Mack McCray, former Commissioner,
recalled his interaction with Mr. Denson as one his first students and agreed the recognition
was long overdue. A plaque was presented to Mr. Denson and Mr. Majors invited everyone to
attend the grand opening of the John Denson Pool and Sims Center at Wilson Parle
Olivia Denson thanked the Oty and the past and present Commission, on behalf of her
husband, for the recognition and honor, She indicated her husband was overly rejoicing with
the tribute in his name.
Motion
Vice Mayor Rodriguez moved to approve Item VI.F. Commissioner Weiland seconded the
motion. The motion passed unanimously.
Vl.G. Authorize the City Administration to proceed with taking all actions necessary to
prepare for the implementation of the fire services special assessment for fiscal
year 2008-09 and beyond in the event the City Commission ultimately
determines to levy such assessment during the budget review and adoption
process for the next fiscal year.
Vice Mayor Rodriguez confirmed budget year 2007-2008 was the last year of the current
assessment. Mr. Bressner concurred and explained in light of the uncertainty of future
revenues, reauthorization notification had to be started if the assessment would be necessary in
the 2008-2009 budget.
Motion
Commissioner Ross moved to approve Item VJ.G. Commissioner Weiland seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE It LEGAL SElTLEMENTS:
None
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
9
EXHIBIT G
May 19, 2008
Spoke with Jeanne Wenzel today regarding the $1300 from Vice Mayor Rodriguez's CIF
approved at the 12/18/07 Commission meeting. This was a reallocation of funds from
9/18/07 for fiscal year 2006/2007.
Ms. Wenzel wanted to know if Boynton Isles Neighborhood Association could use the
funds allocated for something other than what was approved. 1 told her the funds had to
be used for what was stated on request form and the Accountability Form had to be
completed and returned to the City Manager's Office on how those funds were used.
I sent Ms. Wenzel a copy ofthe Accountability Form and letter.
i
The City of Boynton Beach
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September 24, 2007
Boynton Isles Neighborhood Association
936 Brookdale Drive
Boynton Beach, Florida 33435
Attn: Jeff Las, President HOA
Dear Mr. Las:
Attached please find a check in the amount of $1,300.00 from Vice Mayor Rodriguez's
Community Investment Funds for cleaning of the canal in Boynton Isles Neighborhood
Association.
The City Commission approved a requirement of mandatory post expenditure reporting for
all organizations/grantees that have received discretionary funds. This will ensure
accountability and proper usage of donated funds. Failure to adhere to this requirement
may result in your not receiving future funding.
Please fill out the attached form and return in the enclosed envelope and return to Pam
Welsh, City Manager's Office, City of Boynton Beach, P.O. Box 310, Boynton Beach,
Florida 33425-0310. If you have any questions concerning this new requirement for
receiving discretionary funding, please do not hesitate to contact me.
Thank you for your assistance.
Sincerely,
i~<y$-l
Kurt Bressner
City Manager
,.BIERIC'A '8 OATEn~l r TO THE G[rLFSTRE,.BI
CITY OF BOYNTON BEACH
DISCRETIONARY FUNDS ACCOUNT ABILITY FORM
Organization Name: Boynton Isles Neighborhood Association
Amount Received: $1,300.00 (September 2007)
Program/Event:
Program/Event Date:
Number of Boynton Residents Attended:
Describe How Discretionary Funds Were Used:
Please return this form in the enclosed envelope as soon as possible.
(?!
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VII.-CODE - LEGAL
SETTLEMENT
CITY OF BOYNTON BEACH ITEM A.
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetin12: Turned in to City Clerk's Turned in to Leeal Turned in to Procurement
Dates Office
0 Seotember I, 2009 August 17, 2009 Au.ust 12, 2009 Awrust 10, 2009
X Sentember l!l 2009 August 31, 2009 August 26, 2009 Auoust 24, 2009
0
0
0 Announcements/Presentations 0 Citv Mana.e,'s Reoor!
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Le.al - --
X Code Comoliance & Lellal Settlements 0 Unfinished Business I.D -i-
-
0 Public Hearimz 0 C ..
m n
..
Jimmy Gray v, City of Boynton Beach
Defense Counsel: Michael Burke, Johnson Anselmo.. .
Plaintiff Connsel: Seth Pachter, Steinger Iscoe & Greene
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RECOMMENDATION: Approve negotiated settlement agreement in the amount of$16,OOO. ~
w~
EXPLANATION: On July 5, 2005, Public Works/Solid Waste employee driver rear.ended plaintiff while stoppe~t the .~
intersection of Golf Road and Congress Ave. Plaintiff suffered injuries to his back and neck. Current medicals are in excess
of$37,000. Medicals are ongoing.
PROGRAM IMP ACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the
Risk Management Department
FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses #522-1710-519.49.21, Self-
Insured Losses, line item budgeted for claims payments for automobile liability self-insured losses..
ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at
$50,000. Defense trial legal costs are estimated at $20,000.
u"-~
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City anager's Signature
J.../
Assistant to City Manager '-:i>~
~t/;;i
City Attorney mance
RISK MANAGEMENT
Department Name
CJM/ClaimgVGrayJO I.dot
S:\BULLETtNIFORMS\AGENDA ITEM REQUEST FORM. DOC
The City of Boyntoll Beach. Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Kurt Bressncr
City Manager
TURU:
Lori Laverierre
Assistant City Manager
FROM:
Charles J. Magazine
Risk Manager
DATE:
August 24, 2009
Jean Lopane v, City of Boynton Beach
Date of Loss: July 5, 2005
Risk Management recommends the City Commission ratify the:
in the above stated manner.
SUBJECT:
RESERVES:
Indemnity:
$ 25,000
X Settlement _ Judgement
Expenses: $ 10.0UU
Final: $ 16.500
Final: $ lli,OOO
Demand:
Original:
$ 100,000
Offer:
Original:
S 4,000
~
SETTLEMENT:
$ 16,500
NOTE: This settlement is the compromise of a claim for damage~... Payment by the City is not to be construed. ill
any way. as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment .Fees:
$ 1,IiRO
Current Legal Fees:
S 11,614
$ 50,000
JUDGEMENT: $-
Current Adjustment Fees:
$ -
Cnrrent Legal Fees:
, -
CASE NARRATIVE:
On July 5,2005, Public Works/Solid Waste employee driver rear-ended plaintitfwhile stopped at the
intersection of Golf Road and Congress Ave. Plaintiff suffered injurics to his back and neck. CUlTent
medicals are in excess of $37,000. Medicals are ongoing.
Cjrn/ClaimgVGrayJ02.doc
Judicial Circuit: I ~ - ~:;l 'f1~
Case #: .;0 ~oO cx) N:/.. Ail-
JVlediator: Robert J. Ponzan, (561) 340-3500 Cell: (954) 684-8994
SETILEMENT AGREEMENT
Case Style: ---.J; JNl""j (,.,-r. I VS, C'7 of GojVJ+nn 8(>-*(1"
This case was mediated on V lJJ 2009 and is settled under the following tenns which the parties agree are binding,
enforceable, and constitute their full agreement:
1) The defendant or the insurance carrier on Defendant's behalf will pay the sum of $ j C;) O(JO , payable to
plaintiff(s) and plaintiffs counsel's trust account (FEIN# ("F) - 0 7 ~ 3 ~ .~ 7 ) in exchange for a
complete release of all claims arising out of this action, and satisfaction of all related claims and liens, including
medical claims and liens and attorney charging liens. Upon receipt of payment, plaintiff counsel shall file a
dismissal with prejudice/stipulation if suit has been filed. Ifthere are multiple defendants making payments, then
the total settlement amount will be paid in the following fashion:
/' / /
/ / ./'
/'
/
/
//
2) Parties shall bear their own costs and fees unless stated otherwise below.
3)
Payor shall tender closing documents to Plaintiff's couusel within five days from the date of this agreement and
,
shall have 20 days from receipt of the executed documents to tender payment. Plaintiff(s) authorize and Plaintiff
counsel agrees to hold all settlement funds in trust until fully executed closing documents have been returned to
defense counselor the carrier.
4) The Mediator is the mere scrivener of this agreement, and all tenns are solely those of the parties.
5)
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alf of Defendant or insurer Defense Counsel
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Musese Sj ~'
Commission MeetinQ Turned in to City Clerk's Turned in to Lel!al Turned in to Procure111f)}t -<i. ,d;
Dates Office J> ""
0 September 1, 2009 Auoust 17, 2009 August 12, 2009 Auoust 10, 2009 en :~.) .."
N , "'"
m C
IZl September 14, 2009 August 31, 2009 AU\!Ust 26, 2009 AUl!\lst 24, 2009 <.n ::0 ,:;;
J> .1"':.
0 ..... - g
0 '" i:.o..
0 0 ~
.;t
~
0 Announcements/Presentations 0 City Manaoer's Renort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Leoal
0 Code Compliance & Legal Senlements 0 Unfinished Business
IZl Public Hearing 0
RECOMMENDATION: Please place this request on the September 14, 2009 City Commission Agenda under
Public Hearing. The Planning and Development Board on August 25, 2009, recommended that the request be approved. For
further details pertaining to this request, see attached Department Memorandwn No. 09.054.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Casa del Mar (SPTE 09-010)
Bonnie Miskel of siegel, Lipman, Dunay, Shepard, & Miskel, LLP
Lancore Nursery, LLC
2632 North Federal Highway
Request for a third year site plan time extension for a new site plan (NWSP 06-015) and
height exception (HTEX 06-007) approved on July 18, 2006, thereby further extending
site plan and height exception approval including concurrency certification from July 18,
2009 to July 18, 2010.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
<~<-o-~_
City anager's Signature
Assistant to City Manager c.J~
Developme
lrector City Attorney I Finance
S\Casa del Mar\SPTE 09~010\Agenda Item Request Casa del Mar SPTE 09-010 9-14-09.doc
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO, PZ 09-054
Chair and Members
Planning & Development Board
ll'f ./
Michael Rumpf~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
August 6, 2009
Casa del Mar (SPTE 09-010)
Site Plan Time Extension
Property Owner:
Applicant / Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Landcore Nursery, LLC
Bonnie Miskel of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP
2632 North Federal Highway (see Location Map - Exhibit "AU)
Special High Density Residential (SHDR - 20 du/ac)
Infill Planned Unit Development (IPUD - 20 du/ac)
No change proposed
No change proposed
42 fee-simple townhouse units and 40 multi-family (condominium) dwelling
units (19,95 dwelling units/acre)
4,11 acres (179,130 square feet)
Property designated Special High Density Residential (SHDR) and zoned Infill
Planned Unit Development (IPUD), approved for 30 townhomes and 40
condominiums at a density of 19,94 dwelling units per acre (under construction
Peninsula at Boynton Beach project);
Right-of-way for Dimick Road, and farther south several single-family residences
designated Low Density Residential (LDR) and zoned Single-Family Residential (R-
1AA), To the southeast, is developed commercial property designated Locai Retail
Commercial (LRC) and zoned Community Commercial (C-3);
The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-
Page 2
Memorandum No, PZ 09-054
Casa del Mar SPTE 09-010
of-way for Lake Drive, and vacant single-family lots on the east side of Lake Drive
that are designated Low Density Residential (LDR) and zoned Single-Family
Residential (R-1AA); and
West: Right-of-way for Federal Highway, and FEC Railroad, then farther west across
Federal Highway, the Crossings PUD designated High Density Residential (HDR)
and zoned Planned Unit Development (PUD),
BACKGROUND
Ms, Bonnie Miskel, agent for Landcore Nursery, LLC (property owner), is requesting a third one (l)-year
site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015) and Height
Exception (HTEX 06-007), which were approved by the City Commission on July 18, 2006, The first one
(1) year time extension was approved at the September 4, 2007 Commission meeting, and the second at
the November 18, 2008 meeting, If this request for a one (l)-year time extension were approved, the
expiration date of the approvals, including concurrency certification wouid be extended to July 18, 2010.
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan
Study Area 1. According to the original site plan staff report, the proposed Casa del Mar project is an
Infill Planned Unit Development approved for 42 fee-simple townhouse dwelling units and 40 multi-
family (condominium) dwelling units. The project has been approved for the following: a Land Use
amendment (LUAR 06-018) from Local Retail Commercial (LRC), High Density Residential (HDR), and
Low Density Residential (LDR) to the Special High Density Residential (SHDR - 20 du/ac) classification; a
Rezoning (LUAR 06-018) from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-
Family Residential (R-1AA) to Infill Planned Unit Development (IPUD) zoning district; a New Site Plan
(NWSP 06-015); a Height Exception (HTEX 06-007); and previous Site Plan lime Extensions (SPTE 07-
009 & SPTE 08-009),
The original site plan depicts 42 townhouse units within 11 separate buildings consisting of three (3) to
four (4) units each, A four-story, 40 unit condominium building with an under-story parking garage is
proposed on the east portion of the subject property, The recreation area would be located at the
eastern portion of the development overlooking the Intracoastal Waterway, It would include a
swimming pool and a 1,348 square foot clubhouse building with restrooms, a kitchen, multi-use space,
and lanai for the use of the residents and their guests,
As noted earlier, the adjacent property to the north (Peninsula at Boynton Beach) has been similarly
rezoned to IPUD and approved for a total of 30 townhomes and 40 condominiums, The completion of
the Peninsula project appears to have stalled, with no construction activity occurring on site,
ANALYSIS
At the time of site plan approval for the Casa del Mar project, the Land Development Regulations stated
that the applicant shall have one (1) year to secure a building permit from the Development
Department. This site plan expiration provision has since been revised to allow a total of 18-months to
secure a building permit. Examples of building permits include but are not limited to the following:
Plumbing, electrical, mechanical, foundation, and structural. The regulations authorize the City
Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the
Page 3
Memorandum No, PZ 09-054
Casa del Mar SPTE 09-010
request prior to the expiration date of the development order, In this case, the applicant has met that
requirement. The Planning & Zoning Division received the application for a site plan time extension on
July 16, 2009, a few days prior to the expiration date of the site plan (see Exhibit "C"),
According to the justification submitted, the applicant listed the following accomplishments as
demonstrating their "good faith" efforts in securing a building permit for the project: (1) obtained a
Statewide Programmatic General Permit (SPGP); (2) filed a joint application with the South Florida Water
Management District (SFWMD) and Army Corps of Engineers (ACOE) for a State Environmental Resource
Permit (ERP) to allow dredging and filling within the Intracoastal Waterway (3) responded to agencies
requests for additional information, met with the agencies, and expect State Sovereign Lands Review to
be complete within the next six (6) months, The applicant has continually acknowledged that the state
review process is lengthy and obtaining permits for this location requires the review of several state
agencies, and that they continue to work with these agencies on receipt of necessary permits, According
to the applicant, they intend to begin the City's permit application process upon receipt of permits from
all agencies. The applicant also notes that the demand for residential market began to flatten about the
time of their site plan approval and has continued to decline, As additional justification for the delay in
the project, the applicant states, "With the recent economic situation, the ability to obtain funding for
the residential project has diminished. There are no banks that are currently lending money for the
development of multi-family residential developments". The applicant goes on to say, "Further, buyers
are not able to obtain financing for acquisition purposes",
Due to the residential market downturn, the applicant has been exploring other options available for the
development of the property, The applicant is currently looking at the potential for a water-based
operation, such as a marina, with wet slips and dry storage, The use of the property for water-based
activities is supported by Comprehensive Plan policies and the close proximity to the marina operation
just to the north of the Peninsula project and the north city boundary, A preliminary submittal has been
made to staff, but is undergoing refinement. The applicant is looking to retain the current approvals until
it is determined if the marina plan will move forward in the review process to ultimate development
order, Should the marina concept receive approval, the new site plan would replace the residential
project and associated time extension,
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements, The Palm Beach County Traffic Division approved the original traffic study for the Casa
del Mar project for a total of 82 proposed residential units, based upon a determination that the project
is located within the Coastal Residential Exception Area of Palm Beach County, This exempts residential
units from traffic concurrency requirements, meeting the Traffic Performance Standards of Palm Beach
County, However, since no building permits were to be issued after the build-out date of 2008, the
applicant will be required to submit an updated traffic concurrency approval letter from Palm Beach
County, As for utilities, records indicate the utility reservation fee is due, Without payment of the
reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer
is ready to move forward,
The site plan time extension is still subject to the original 74 conditions of site plan approval. Lastly, no
new land development regulations are now in place against which the project should be reviewed and
modified, As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as
the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5,
2005, Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of
site plan approval.
Page 4
Memorandum No, PZ 09-054
Casa del Mar SPTE 09-010
SUMMARYI RECOMMENDATION
Staff recommends approval of this request for a third one (l)-year time extension of the site plan (NWSP
06-015) and height exception (HTEX 06-007) for the Casa del Mar project, If these requests for extension
were approved, the expiration, including concurrency certification, would be extended to July 18, 2010, If
these requests for extension are approved, all outstanding conditions from the original approvals must still
be satisfactorily addressed during the building permit process, Any additional conditions recommended by
the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit
"D"),
S:\Planning\SHARED\WP\PROJECfS\Casa del Mar\SPTE 09-010\Staff Report,doc
Exhibit "A" - Site Location Map
Casa del Mar
--
12562.5 0 125 250 375 500
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Casa del Mar
PREPARED FOR LANCoRE NURSERY
em' OF BO'fflToN SEA-C\{, r;.
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DESIGN
SOUTH
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5 lEe EL Li IJ M /\ N. DUN A Y SHE f' A R D ,0" 1 v11 S K E L LL P
EXHIBIT C
GARY S DUNAY
KENNETH W LIPMAN
80NNIE MtSKEL
JONATHAN L. SHEPARD
CARL E. SIEGeL
THE PLAZA' SUITE eo I
5355 TOWN CENTER ROAD
BOCA RATON, FLORIDA 33486
'.561) 3e6-77'=>O
FA.X (56\) 3ee-9274
WWW.SLDSMLAW.COM
SCOTT BACKMAN
LINDA B. LYMAN
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JUL i b 2009
July 16, 2009
?LAN!f,jlhIG ""role;
Z()~'~E'NC:.:: DE,F'T
Mike Rumpf, Director
Planning & Zoning
City of Boynton 8each
P.O, Box 310
Boynton Beach, Florida, 33425-0310
RE: Time extension for Casa Del Mar ("Project")
Dear Mr, Rumpf:
On behalf of my client, Lancore Nursery, LLC ("Petitioner"), this letter is a formal request for a
time extension for the approved Casa Del Mar ("Project") (NWSP # 06-015) located on North
Federal Highway ("Property"), This Project was approved for the development of 82
condominium units on a 4.11 acre parcel in the Infill Planned Unit Development (IPUD) zoning
district. This Project was originally approved on July 18, 2006 and subsequently received two
one-year time extensions. The new expiration date of the site plan is July 18, 2009. We
respectfully request an extension of one year to July 18, 2010.
At the time of the last time extension request the Petitioner had provided a timeline for the
steps taken thus far to receive appropriate approvals prior to filing for a building permit with the
City. That timeline is as follows:
. Filed a Request for Exemption and Statewide Programmatic General Permit (SPGP)
on June 9, 2006.
. Received SPGP on July 7,2006.
. Filed with the South Florida Water Management District (SFWMD) a Joint
Application for Environmental Resource Permit 1 Authorization to use State owned
submerged lands / Federal dredge and fill permit with the Florida Department of
Environmental Protection / Water Management Districts / U.S. Army Corps of
Engineers (ERP) on November 15, 2006.
. Filed an amendment to above ERP to include docks on December 13, 2006
. Received first Request for Additional Information (RAI) from SFWMD dated
December 13, 2006.
. Submitted supplemental RAt from SFWMD January 12, 2007.
. After meeting with SFWMD filed response to RAt on March 5, 2007.
. Received second RAt from SFWMD on April 6, 2007.
Since 2007, additional progress has been made toward obtaining the necessary environmental
permits for the Project. This timeline is as follows:
. Response to RAI submitted to SFWMD in March 2008.
. Army Corps of Engineering (ACOE) submitted on March 2S, 2008.
. After meeting with ACOE and SFWMD filed response to RAI to ACOE on July 1S,
2008 and to SFWMD on August 21, 2008. .
. Received RAl from SFWMD on October 3, 2008.
. State Sovereign Lands Review commenced December 8, 2008,
. Received response from ACOE regarding RAI on March 18, 2009,
. Met with FDEP on April 30, 2009 to discuss RAI.
. State Sovereign Lands Review anticipated to be complete within the next 6 months,
The Petitioner is anticipating final action by the Army Corps of Engineers in Mid-March 2010 and
final action by the State related to the Sovereign Lands Review in mid-December 2010, These
approvals will be in place for the current project as well as the new marina project being
proposed by the Petitioner further detailed below,
Additionally, since the last time extension request by the Petitioner, the demand for residential
units has severely declined, With the recent economic situation, the ability to obtain funding for
the residential project has diminished. There are no banks that are currently lending money for
the development of multi-family residential developments, The market has become so
saturated with residential units it will take a considerable period of time before the market is
able to correct itself, Further, buyers are not able to obtain financing for acquisition purposes.
As such, the Petitioner is now in the process of applying for a land use and rezoning change to
Commercial and C-3 respectively, a site plan and a conditional use application to allow for the
development of a marina and dry boat storage, The proposed marina development consists of
three buildings totaling 69,609 square feet, The three buildings will be: 1) Office and Show Room
(located along Federal Highway); 2) Dry Boat Storage (located in the nliddie of the Property);
and 3) Ship Store and meeting/office areas (located along the waterfront). 8ecause these
applications have not yet been approved by the City, the Petitioner would like to retain the
current approval for the residential project until the proposed marina project is approved.
If you have any questions or concerns regarding this I.etter, please do not hesitate to contact me
at (S61) 237-1524,
5i;CW
Bonnie L. Miskel, Esq.
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar
File number: SPTE 09-010
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X I
POLICE
--
Comments: None X
ENGINEERING DIVISION
--
Comments: None X
.~
I
BUILDING DIVISION i
, -~
Comments: None X i
!
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALlST I
--
Comments: None I X I
I
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. The site nlan time extension is subject to the ori\rinal conditions of approval. X
2, An updated traffic concurrency approval letter from Palm Beach County X
Traffic En<>ineering will be required Prior to permitting,
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. I I I
S :\Planning\SHARED\ WP\PROJECTS\Casa del Mar\SPTE 09~O 1 O\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Casa del Mar
APPLICANT'S AGENT: Bonnie Miskel - Siegel, Lipman, Dunay, Shepherd & Miske!. LLP
APPLICANT'S ADDRESS: 5355 Town Center Road Suite 801 Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a third one (l)-year site
plan time extension for the Casa del Mar Site Plan Development Order
(NWSP 06-015) and Height Exception (HTEX 06-007),
LOCATION OF PROPERTY: 2632 N, 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:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Cierk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 09-010\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
B, Baywalk
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATOR:
DESCRIPTION:
Baywalk (SPTE 09-007)
Alberto Herrera, P.E" Development Consulting
Group, Inc,
Southern Homes of Palm Beach V, LLC
3103 South Federal Highway, west side of
Federal Highway approximately 1/8 mile south
of Old Dixie Highway
Request for a one (1) year site plan time
extension for a new site plan (NWSP 08-001)
approved on January 2, 2008, thereby further
extending site plan approval from July 2, 2009
to July 2, 2010,
The applicant was not present. Attorney Alexander advised the item could be
addressed if the Board wished to do so,
Motion
Mr, Lis moved to deny, There was no second to the motion,
Motion
Mr. Myott moved to table. Mr, Barnes seconded the motion that passed 5-1 (Mr. Lis
dissenting).
C. Casa del Mar
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRPTION:
Casa del Mar (SPTE 09-010)
Bonnie Miskel of Siegel, Lipman, Dunay,
Shepard & Miskel, LLP
Lancore Nursery, LLC
2632 North Federal Highway
Request for a third year site plan time
extension for a new site plan (NWSP 06-015)
and height exception (HTEX 06-007) approved
on July 18, 2006, thereby further extending
site plan and height exception approval
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
including concurrency certification from July
18, 2009 to July 18, 2010,
Mr, Breese noted the property was located within the Federal Highway Corridor
Redevelopment Plan Study Area #1. In accordance with the original staff report, the
project had been approved for 42 townhomes and 40 condominium units, Pursuant to
the justification statement, the applicant had obtained a statewide programmatic
general permit, filing a joint application with South Florida Water Management District
and the Army Corps of Engineers to allow a dredge and fill within the Intracoastal
Waterway, The applicant had also responded to the agencies' requests for additional
information, and anticipated the State Sovereign Lands Review would be completed
within six months, It was the intent of the applicant to submit for building permits
through the City once all the necessary permits had been acquired from the outside
agencies,
As a result of the downturn in the residential market, the applicant had been
considering other development possibilities for the property, The applicant was
currently considering water-based operations such as a marina, with dry storage and
wet slips, The applicant wished to retain its existing approvals until it was determined
whether the marina plan would proceed through the staff review process and to the
Board and City Commission,
A more formal criterion for reviewing site plan time extensions would be compliance
with concurrency requirements, The applicant's approval from Palm Beach County had
expired in 2008, Therefore, an updated traffic approval letter from the County would
be required before any permits for construction were pulled, Staff recommended
approval of the one-year time extension,
Bonnie Miskel, appearing on behalf of the applicant, noted a different application had
been filed changing the use to a use that could function in the current economy, The
applicant was continuing to process the environmental permits which began two years
ago, as there was an overlap with regard to the waterfront use, It was the desire of
the lender that the entitlements remain intact until another use was approved, Ms,
Miskel requested the current use be extended until an alternative use was approved by
the Board,
Chair Jaskiewicz disclosed that she had briefly spoken to Ms, Miskel regarding the
project and the potential for a development to replace residential. Mr, Myott disclosed
he had spoken with Ms, Miskel as well. Mr, Us had spoken with Mr, Rumpf regarding
the item and had no objection to the manner in which the applicant was proceeding
with regard to the development of the property, He had also met with the principal.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
Chair Jaskiewicz opined the Intracoastal was the City's greatest natural resource, and
should be utilized to the fullest extent. She invited public comments,
Harry Woodworth, 618 NE 15th Place, expressed concern as the plan provided for an
82-foot high building. Additionally, equipment backing up at construction sites created
a nuisance by beeping constantly, He did not believe these issues were consistent with
the IPUD (Inti II Planned Unit Development) to the north or the RiM to the south. If
the existing project were to be approved, he requested consideration be given to
compatibility issues that were incorporated into land use regulations and IPUD
ordinances,
Mr, Breese indicated it was staff's practice to work through Land Development
Regulations associated with projects and compatibility would be staffs chief concern,
Motion
Mr, Lis moved that the Board approve the one-year extension subject to the original
conditions of approval. Mr, Myott seconded the motion that passed unanimously.
D, Recreation Surface Water Policies
Comprehensive Plan Text Amendment
1.
PROJECT:
Recreation Surface Water Policies
(CPTA 09-001)
City-initiated
Request to amend Policy 1.3,1 of the Future
Land Use Element, to add four (4) policies to
the Coastal Management Element, and to add
a policy to the Intergovernmental Coordination
Element in support of marine-oriented and
water-dependent uses for economic
development and natural protection,
AGENT:
DESCRIPTION:
Hanna Matras, Economic Research Analyst, advised staff proposed text amendments
be added to the comprehensive plan under the title, "Recreation Surface Water Use
Policies," All text amendments were large scale and were exempt from the twice-yearly
amendment cycles, Amendments would be made to Policy 1.3,1 of the Future Land
Use, Coastal Management and Intergovernmental Coordination Elements, If approved,
the amendments would be submitted to the Department of Community Affairs outside
of the twice-yearly cycle,
11
Cf(
','r'c ~"'. . .
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM B.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Mus<!s IC
Commission Meetine Turned in to City Clerk's Turned in to LelIal Turned in to Procuren\t&t .::
Dates Office :bo _ e.
0 September I, 2009 August 17, 2009 August J 2, 2009 August 10, 2009 en ,-" :"'f';
N ,c", to
'''',
IZI September 14, 2009 August 3 J, 2009 August 26, 2009 August 24, 2009 ~ :u ,
:bo -, ::i.
...."
0 - ::;;
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-
-.;
-<
NATURE OF
AGENDA ITEM
Announcements/Presentations
Administrative
"'1;0
=t:
Unfinished Business
o
RECOMMENDATION: Please place this request on the September 14, 2009 City Commission Agenda under
Public Hearing. The Planning and Development Board on August 25, 2009, recommended that the request be approved. For
further details pertaining to this request, see attached Department Memorandum No. 09-049.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Women's Circle Office & Classrooms (ZNCV 09-002)
Larry Winker, AlA
Sister Lorraine Ryan, Wornens Circle Inc.
912 -914 SE 4th Street
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11.1.2. requiring that off-street parking spaces be located
within 300 feet of the subject use and be owned by the subject property owner, to allow
the minimum required four (4) parking spaces to be located off-site within 300 feet,
except on property not owned by the subject property owner, for a change of use from
residential duplex to general business office within a Community Commercial (C-3)
zoning district.
Developmen
~<_a ~
City Manager's Signature
Assistant to City Manage~
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
rector City Attorney I Finance
S\Womens Circle Office & Classrooms\ZNCV 09-002\Agenda Item Request Women's Circle Off.classml ZNCY 09-
S,\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-049
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael W, Rumpf ~
Planning and Zoning Director
Kathleen Zeitler [1-
Planner II
August 17, 2009
Women's Circle / ZNCV 09-002
Variance approval for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11,1.2, requiring that off-street parking
spaces be located within 300 feet of the subject use and be owned by the subject
property owner, to allow the minimum required four (4) parking spaces to be
located off-site within 300 feet, except on property not owned by the subject
property owner, for a change of use from residential duplex to general business
office within a Community Commercial (C-3) zoning district,
Property Owners:
Applicant/Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Michael ], Gallagher and Lorraine Grefe
Larry ], Winker, AlA, Studio Seven
912-914 SE 4th Street (see "Exhibit An -- Location Map)
7,375 square feet (0,17 acres)
Business office
Community Commercial (C-3)
A single-family residential use on property classified Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
A single-family residential use on property classified Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
A is-unit motel fronting Federal Highway (Ann Marie Motel) on property classified Local
Retail Commercial (LRC) and zoned Community Commercial (C-3); and
Right of way of SE 4th Street, and farther west, a Single-family residential use on property
classified Medium Density Residential (MeDR) and zoned Single and Two-Family
Residential (R-2),
Staff Report
Memorandum No PZ-09-049
Page 2
BACKGROUND
The subject property is under contract to be purchased by Women's Circle, Inc" a not-for-profit organization
currently located at 145 NE 4th Avenue in the Heart of Boynton Redevelopment Area. This outreach group
assists poor women of all cultures, faiths, and circumstances in their pursuit of educational, employment,
spiritual, and personal goals, Women's Circle provides interpersonal and skill development activities that
specifically increase employability, According to their website, Women's Circle currently serves 500 women from
many areas of Palm Beach County by offering computer classes, support-group sessions, counseling, health
education and seminars, drug addiction prevention, job development and placement and English language
classes. Women's Circle has typical business hours during the week, and offers some classes in the evenings
and Saturday, There are a total of three (3) part-time employees at Women's Circle, however only one (1) day
per week that all three (3) employees are working at the same time,
Women's Circle has outgrown their current location, and the subject property at 912-914 SE 4th Street will
prOVide the additional room needed to expand their services, The subject property is zoned C-3 (Community
Commercial) and improved with a 1,150 square foot duplex building that will undergo interior renovations to
convert the space into offices and classrooms for Women's Circle, The proposed change of use from residential
to commercial will require the site to comply with regulations applicable to commercial development, including
on-site parking, landscaping, and handicapped accessibility, as well as interior system upgrades to comply with
building regulations for commercial development.
Based on the building size and the minimum number of required parking spaces for a nonresidential use, the
proposed uses would require one (1) parking space per 300 square feet of gross floor area, or a minimum of
four (4) parking spaces, Per Chapter 2, Section 1.2, of the Land Development Regulations (LDR), required
parking spaces for commercial uses shall be owned by the owner of the building or lot to be served, and shall be
located on the same lot, or not more than 300 feet from the lot to be served, as measured along the nearest
pedestrian walkway, The intent of the code provision that requires same ownership of off-site parking within
300 feet is to ensure that the parking spaces would continue to be available for the use,
PROPOSAL
Mr. Larry Winker, AlA, with Studio Seven, agent for contract purchaser Sister Lorraine Ryan representing
Women's Circle, is seeking zoning code variance approval to allow the minimum required four (4) parking spaces
to be located off-site within in 300 feet of the subject property, except on property not owned by the owner of
the building or lot to be served, The proposed parking would be located within designated on-street parking
directly in front of the subject property on the public right-of-way of SE 4th Street, and additional parking if
needed would be on city-owned property at the Senior Center through a mutual parking agreement.
The applicant's current survey indicates SE 4th Street as a 60 foot right-of-way consisting of 40 feet of asphalt
with ten (10) feet on each side of the street for improvements (see Exhibit "B" - Survey), The site plan
submitted depicts a new walkway in front of the existing building to comply with accessibility requirements; all
other proposed building improvements will be interior renovations (see Exhibit "C" - Site Plan), Currently the
Utilities Department has a water improvement project underway along SE 4th Street from SE 12th Avenue to SE
2nd Avenue, During this construction, a new 60 foot right-Of-way will be built from Ocean Avenue south to SE
12th Avenue. The right-of-way improvements will include new paving with on-street parallel parking spaces; a
six (6)-foot sidewalk; and a center median where pOSSible (see Exhibit "D" - SE 4th Street Plan),
Due to site constraints and the addition of the on-street parking spaces in front of the subject property, the
applicant is unable to provide the required parking on-site, The applicant is proposing to provide all the required
parking spaces off-site via the new on-street parallel parking spaces that will include handicap-accessible spaces,
The applicant also has a temporary license agreement with the City to use municipal parking lots at the Senior
Staff Report
Memorandum No PZ-09~048
Page 3
Center located only three (3) lots south of the subject property (see attached Exhibit "En - Parking Agreement),
Therefore, the applicant is requesting a variance to one (1) of the requirements for location of off-street parking
spaces to allow conversion of the duplex to general office use,
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a, - g, below (see Exhibit
"F" - Applicant's Justification), The code states that the zoning code variance cannot be approved unless the
board finds the following:
a, That special conditions and circumstances exist which are peculiar to the lan~ structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning district.
Special conditions and circumstances do exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning district.
The subject property is a small lot zoned (-3 that does not compiy with the minimum lot size
requirements of the C-3 zoning district. Special circumstances exist by the following conditions: (1)
unlike all other properties in the area the subject property does not have a driveway, and has historically
utilized non-designated on-street parking; and (2) the addition of designated on-street parking spaces in
front of the subject property and the loss of six (6) feet of front yard for a sidewalk as a result of the
right-of-way improvements to SE 4th Street prevents the applicant from providing the required parking
on-site,
b, That the special conditions and circumstances do not result from the actions of the applicant,
The special conditions noted above do not result from the actions of the applicant. The subject property
was developed as a residential duplex requiring four (4) parking spaces, which were met through on-
street parking due to the small size of the lot. The proposed renovations to the existing building do not
include any additional building square footage that would increase the number of parking spaces
required, The applicant has made parking arrangements with the City to accommodate any potential
intensification of the property associated with the change in use, Futhermore, the improvements to the
public right-of-way of SE 4th Street and the resulting reduction of the size of the subject lot are not a
result of actions of the applicant.
c. That granting of the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures In the same zoning district,
The granting of this variance request will not confer any special privilege, and would not be disruptive to
the surrounding area, The Women's Circle is proposing to utilize available parking off-site within 300
feet of the subject property, however those parking spaces are not owned by Women's Circle, The
ownership issue is the only code prOVision not met, and is the only reason a variance is required, The
parking spaces in the right-of-way and at the Senior Center are not privately owned and therefore are
likely to be available in the future, The applicant states that many clients of the Women's Circle either
ride the bus or walk to their facilities, The proposed on-street parking spaces together with available
parking at the Senior Center appear to adequately accommodate the uses proposed on site, Granting of
this variance will allow the Women's Circle to move from a 620 square foot building at their current
iocation to a 1,150 square foot building on SE 4th Street, so they may continue their work,
d. That literal Interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and
would work unnecessary and undue hardship on the applicant,
Staff Report
Memorandum No PZ-09-Q49
Page 4
Literal interpretation of the code would result in undue hardship on the applicant as it would prevent a
conversion from residential to commercial to accommodate a permitted use that is proposed on the
commercially zoned subject property, The proposed conversion to a commercial use is in keeping with
the commercial zoning of the subject property and would result in an existing nonconforming use
(duplex) changing to a proposed conforming use (office), The intent of the code provision that requires
same ownership of off-site parking within 300 feet is to ensure that the parking spaces would continue to
be available, The applicant clearly complies with the intent of the code due to the City ownership of the
on-street parking spaces including handicapped accessible spaces, and the Senior Center parking
agreement.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
The requested variance is the minimum variance that will make possible the reasonable use of the
existing building for commercial purposes, The proposed commercial use of the subject property as
office will require a minimum of four (4) parking spaces, Those parking spaces are allowed to be
prOVided off-site, if located within 300 feet of the use to be served and under the same ownership, A
minimum of four (4) spaces will be provided in close proximity to the subject property through the use of
on-street parallel parking spaces, including handicapped spaces, Any additional parking needed would
be available at the Senior Center, less than 300 feet away from the subject property, Per the parking
agreement, the Women's Circle must coordinate with the Senior Center staff to develop a schedule to
include dates and times the parking lot will be used, The applicant notes that the parking lot west of the
Senior Center would be needed only in the evenings and on Saturday mornings when several teachers,
tutors, and volunteers are involved, and when parking demand at the Senior Center is the lowest.
f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter
[ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to
the public welfare.
Granting of the variance will be in harmony with the general intent and purpose of the code and will not
be injurious to the area involved or otherwise be detrimental to the public welfare, The proposed right-
of-way improvements include designated parallel parking spaces, and will result in a safer and more
clearly defined vehicular and pedestrian environment and improved project aethetics, The proposed
conversion from residential to commercial, along with the right-of-way improvements, will provide
improved traffic and pedestrian circulation and handicapped accessibility, The required parking would be
provided off-site within 300 feet of the proposed use, except that the parking areas are not under the
same ownership as the proposed use, A parking agreement with the nearby Senior Center is approved,
allowing patrons and volunteers at the Women's Circle to park there as needed. Unlike the subject
property, other properties along SE 4th Street have existing driveways and parking areas on site, and
therefore will not be competing with the subject property for use of the limited on-street parking spaces,
As such, the general intent of the code has been met and the variance would not be considered to be
detrimental to the public welfare,
g, For variances to minimum lot area or lot frontage requirements, that property Is not available from
adjacent properties in order to meet these requirements, or that the acquisition of such property would
cause the adjacent property or structures to become nonconforming, Applicant shall provide an affidavit
with the application for variance stating that the above mentioned conditions exist with respect to the
acquisition of additional property.
Since the request is for relief from the parking regulations, this particular criteria is not applicable,
Staff Report
Memorandum No PZ-09-049
Page 5
RECOMMENDATION
Based on the analysis contained herein, staff recommends APPROVAL of the requested variance to reduce the
number of required parking spaces, Staff concurs with the applicant that special conditions and circumstances
exist that are not the result of actions by the applicant, and staff finds that a "hardship" exists, This request will
not be injuriOUS or detrimental to the area and will result in a safer and more clearly defined vehicular and
pedestrian environment with improved project aethetics, Staff therefore recommends that the requested
variance be approved, No conditions of approval are recommended; however, any conditions of approval added
by the Planning & Development Board or the City Commission will be placed in Exhibit "G" - Conditions of
Approval.
S:\Planning\SHARED\WP\PROJECTS\Womens Circle Office & Oassrooms\ZNCV 09-Q02\Staff Report.doc
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EXHIBIT "E'
TEMPORARY LICENSE AGREEMENT
FOR MUNICIP AL PARKING
This TEMPORARY LICENSE AGREEMENT is made on this ~.J ;.)'-'" day of
J.dt- ' 2009, between THE CITY OF BOYNTON BEACH, FLORIDA ("the
"CITY" and WOMEN'S CIRCLE, INC. ("WOMEN'S CIRCLE"). The Parties, in consideration
of the mutual covenants hereinafter set forth agree as follows:
1. The CITY hereby permits the WOMEN'S CIRCLE to use the PARKING LOT
areas highlighted on the attached parking lot plan, in the parking lot located at the CITY's Senior
Center, 1021 S, Federal Highway, Boynton Beach, Florida, subject to the WOMEN'S CIRCLE
complying with the conditions and regulations herein.
2. WOMEN'S CIRCLE shall coordinate with the Senior Center staff to develop a
Schedule of Use to designate the dates and times the PARKING LOT will be used. Should any
WOMEN'S CIRCLE vehicles remain in the PARKING LOT at any time that is not scheduled,
WOMEN'S CIRCLE understands that such vehicles will be subject to tow at the expense of the
vehicle owner, and that CITY shall not be responsible for such vehicles.
3. While City does not presently foresee terminating its permission for WOMEN'S
CIRCLE to utilize the PARKING LOT, WOMEN'S CIRCLE understands that City may need to
withdraw its permission to utilize the P ARKlNG LOT from time to time. The City reserves the
right to cancel or terminate this permission to use the PARKING LOT without notice, at any
time, In most circumstances the CITY will endeavor to give WOMEN'S CIRCLE at least
seventy-two (72) hours prior notice of such temporary or permanent termination.
4. WOMEN'S CIRCLE agrees that no objects or obstructions or any kind, fixed or
otherwise, shall be placed in, on, or above the CITY's parking lots, and further agrees to
immediately remove any such objects or obstructions if placed in the PARKING LOT by
WOMEN'S CIRCLE patrons, clients, visitors, or invited guests. WOMEN'S CIRCLE further
acknowledges that the permission granted by the CITY is limited to the parking of vehicles in the
lot and not for any other purpose whatsoever.
5. In connection with its use of the PARKING LOT, WOMEN'S CIRCLE agrees to
obtain a Certificate of Insurance naming the CITY as an additional insured.
6. WOMEN'S CIRCLE agrees to indemnify, hold harmless and defend City, its
elected and appointed officials, agents, servants, and employees from and against any claims.
demands, suits, actions, damages, liabilities, expenditures, attorney's fees, costs, or causes of
action of any kind whatsoever, including any negligent act or omission of City, its employees, or
agents, arising out of or in any way connected with any injury, damage, or loss occurring as a
result of WOMEN'S CIRCLE's use of the PARKING LOT or the use of the PARKING LOT by
WOMEN'S CIRCLE patrons, clients, visitors, or invited guests. If called upon by City,
WOMEN'S CIRCLE will take over and defend not only itself but also CITY in connection with
any suit or cause of action arising out of the foregoing matters, all at no cost or expense to CITY.
WOMEN'S CIRCLE agrees that consideration for this indemnification is the permission granted
by the CITY for the use of the aforementioned PARKING LOT.
7. WOMEN'S CIRCLE agrees to be responsible for any and all damages arising out
of, resulting from, or caused by the use of the parking lot by its patrons, clients, visitors, or
invited guests. and agrees to pay for or reimburse the CITY tor the replacement or repair of such
damage.
8. WOMEN'S CIRCLE agrees to llnmedlately notify eny of any claims brought
against WOMEJ\'S CIRCLE as a result of its use of the PARKING LOT and the use of the
PARKING LOT by its patrons, clients, visitors. or invited guests.
9. WOMEN'S CIRCLE understands that the permission to use the PARKING Lu J
may not be assigned or transfen'ed. It is expressl)' agreed between the parties that this
Temporary License creates no tenancy or lease whatsoever between the Parties, nor does thiS
Temporary License grant exclusive possession. occupation l1f use of the PARKING LOT I"
WOMEN'S C!RCLE.
10. WOMEN'S CIRCLE agrees to observe any regulations set forth hy the CrTY.
which may change from time to time.
1, 5,-;;1..-,- J...G'~/UHfVG- KylJ-/.,l , on behalf of WOMEN'S CIRCLE, INCo,
understand and agree to the above terms in connection with the permission granted by the City to
temporarily utilize the Parking Lots described herein. 1 further acknowledge that I have the
authority to agree to these conditions on behalf of WOMEN'S CIRCLE, INe.
Ai ,- /_ _;/ /i7
/"~,-,,,. tl)'1a;~4<-k- "'--''''f tL7L
Signature I
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on the date
first mentioned above.
Signed, Sealed and Delivered
in the presence of:
t::::::ft;.: ~
Ci'Y"f~,' ~~ch
__~_' ~..eA--"
By: Kurt Bressner. City Manager
(~/ I ~~~.
Women's Circle, Inc
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PAPA GIS
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PARKING LOT PLAN
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AL TEFi TH!: COVERAtR: AF!=ORDEC BY iHE POUC1ES aELOW
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145 WE 4th Avenue
Boyn too EIIaen, FL 33435
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MMOL Ii ACORD COR.POR.'.1l0N 1lil8~
Clly of Elorn",n El..cI1 A!lrI:
Attn:Dlrector of~. FacmUes
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100 E Boy",oo Be8c11 Blvd
Boynton Bu.cI1, R. 33425
Intro, To Computers
Intra. To Computers
Microsoft Excel
Computer Typing
WOMEN'S CIRCLE INe.
145 N.E. 4th Avenue
Boynton Beach, FL 33435
Phone (561) 364-950]
Fax (56]) 364-7288
2009 CLASS SCHEDULE
Computer Classes
Friday
Saturday
Saturday
Saturday
10:00 -11:00 AM,
12:00 -1:00 P,M, ..
11 :00 - 12:00 Noon
10:00 -11:00 AM ..
Computer Based English Classes
English Classes
Computer-Based English Friday
Computer-Based English Saturday
English (ESOL)
English (ESOL)
English (ESOL)
English (ESOL)
English (ESOL)
Levell
Level 2
Level 3
Thursday
All Levels
Monday
Tuesday
Thursday
Friday
Saturday
Creole Literacy Classes
Tuesday
Wednesday
Thursday
Sewing Class
Thursday
Crochet Class
Friday
· Classes will start on 6/6/09
11:00 -12:00 Noon
9:00 - 10:00 A.M,
5:00- 8:00P,M,
9:00- 11 :00 A.M,
9:30 - 11 :00 A.M.
12:00- 1:30.P,M,
10:00 - 1:00 P,M.
6:00 - 9:00 P,M,
6:00- 9:00P,M,
6:00 - 9:00 P,M.
11:00 - 2:00 P,M.
9:30 -11:00 A.M.
For more information or to register, please contact Theresa Jackson at the Women's Circle on
Mondays, Wednesdays, or Fridays between the hours of 10:00 A.M and 2:00 P.M
revised 5-18-09
WOMEN'S CIRCLE. me.
145 N.EATH AVE
BOYNTON BEACH, FL. 33435
561-364-9501, ex!. 26
Fax 561-364-7283
\vww: womenscirclehome.org
EIN 651068376
DLN 17053064750075
April 7,2009
Mr, Wally Majors, Director of Recreational Facilities
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33425
Dear Mr. Majors and staff,
A BLESSED PASSOVER AND JOYOUS EASTER TO ALU I'
As I wrote in my 2/19/09 letter we are still in disparate need of a larger facility. as
we've definitely expanded beyond what our present 620 sq. ft. can accommodate. At
present our eyes are on a property at 912/914 S.E. 4th St. The Planning and Zoning
commission of the City of Boynton Beach is necessitating many requirements to bring
this simple duplex up to code, which include parking, with at least three on site parking
spots that include a handicapped spot. Our architect is working diligently to make these
adjustments. Since our clients seeking employment often walk to the facility or take the
bus, we would need your west side of 4th street and 1 oth Ave. parking lot only on
evenings when we have ESOL, Literacy in Creole, and possibly computer practice
sessions or on Saturday mornings when we have ESOL and computer classes with
several teachers, tutors and volunteers involved.
Your assistance in this matter is greatly appreciated..
Oceans of joy, hope, healing, prayer. and pea.c~ ---;: ~r. .u'!~
Slster LOITame Ryan, MMS 4': "~" _.17. _.{ , - ,,'
,; .,C
i/."/(,,__
WOMEN'S CIRCLE, INC.
145 N.E.4TH AVE.
BOYNTON BEACH, FL. 33435
561-364-9501, ext, 25
Fax 561-364-7283
www: womenscirclehome,org
Mr, Wally Majors, Director City Facilities
The City of Boynton Beach
100 E. Boynton Beach, Blvd.
P,O, Box 310
Boynton Beach, Fl. 33425-0310
EIN 65 1068376
DLN 17053064750075
February 19,2009
Dear Mr, Majors,
Women's Circle, Inc, is in disparate need of a larger facility, as we have definitely
expanded beyond what our present 620 sq, ft. can acco=odate, We are seriously
looking into the property at 912/914 S.E, 4th St" very close to the Senior Center. In
November, when we first expressed interest in the property, I happened to see Steve
Lufkin outside the Center. I asked him about the parking lot on the west side of 4th street.
He said it is a public parking lot, yet if we planned on using it regularly, it would be good
to check with you, Hence I am asking if we could use it during the hours that the Senior
Center is not functioning, As you can see from the enclosed class schedule, we have
evening and Saturday classes, which are the most heavily attended. At other times, the
students/clients often walk to our facility or are usually three or four at a time. Please let
me know if this arrangement would be agreeable to you. Thank you so much! I~A S
Oceans of hope, prayer, and peace, /1"-4--(7" A1' /)AA J.'h/I'(, _
/ ()tU.~ -11. ,:;:~~ CW (""'I {
Sister Lorraine Ryan, MMS' 7
WOMEN'S CIRCLE. INe.
145N.E.4TH A\rE.
BOYNTON BEACH. FL. 33435
561-364-9501, ext. 26
Fax 561-364-7283
www: womenscirclehome.org
EXHIBIT"F"
::-;:;;... r "iN r;:;;.2 'If)"
:~~', 1:: \~ll5, 2}
JUN - 9 2009
PLAN~..~NG .I:UIJ[J
.ZO"'81~~G DE:O'T.
EIN 65 1068376
DLN 17053064750075
June 4, 2009
City of Boynton Beach
Planning and Zoning Division
Code Variance Application: Reference page 2
A, The parking requirements for our simple offlces and classes will easily be met by
the parallel parking,spaces to be included in the 4th Street expansion project and
the proximate handicapped parking spots (2) just south of the property. Also
overflow is welcomed at the west parking lot of the Senior Center.
B, The special conditions of the acquisition of the six feet of front yard for this
project does not result from the actions of the applicant.
C, This grant of variance does not confer on the applicant any special privilege of
which we are aware,
D, The literal interpretation of commercial parking requirements would be an
unnecessary hardship on the Women's Circle's clients, many of whom walk or
use public transport..
E. The variance granted is the minimum required for a reasonable use of this
property,
F, We believe that the granting of the variance will add to the harmony of the area.
G, Not applicable,
EXHIBIT "G"
Conditions of Approval
Project name: Women's Circle
File number: ZNCV 09-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Conditions of Approval
,
~
!
DEPARTMENTS jlNCLUDE REJECT
Comments: None I X
, ~
I
PLANNING AND ZONING
- -. .- I .~
,
Comments: None X ,
I
i
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS i
I
i
! ---
Comments:
- --'~ --_.-~~ --- --- -r------ -------
None ~x
i
I !
ADDITIONAL CITY COMMISSION CONDITIONS i
I -.-
---t-- 1 ~
Comments: -+-~
- -- -- -- --------- ---
i
To be determined. i :
S:IPlanning\SHARED\WPIPROJECTS\Women's Cin:Je! )fficc & t ']assrooms\/NC'\ 1ll)-flU2\C()I\ dLll
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Women's Circle
APPLICANT'S AGENT:
Larry J. Winker, AlA, Studio Seven
AGENT'S ADDRESS:
6007 Le Lac Road, Boca Raton, FL 33496
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 14, 2009
TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11,1.2. for location of off-street parking spaces,
to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on
property not owned by the subject property owner, for a change of use from residential duplex to
general business office within a Community Commercial (C-3) zoning district.
LOCATION OF PROPERTY: 912-914 SE 4th Street
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO,
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3, The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "G" with notation "Included".
4, The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof,
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order,
7. Other
DATED:
City Clerk
S;\Planning\SHAREOIWP\PROJECTS\Women's Circle Office & Classrooms\ZNCV 09-002\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
on November 20, 2007, thereby extending site
plan approval from May 20, 2009 to May 20,
2010,
Ed Breese, Principal Planner, noted in accordance with the previous staff report, the
applicant had received approval to construct an office building of approximately 29,000
square feet at the southwest corner of Woolbright Road and Corporate Drive, The
applicant had also received approval for a height exception of approximately eight feet
for a small segment of parapet wall above the entry on the west elevation and mirrored
on the east elevation, Pursuant to the justification statement, the applicant had been
working with the Lake Worth Drainage District to provide an easement on top of the
canal bank for routine and emergency maintenance purposes,
Staff had attended several meetings with the parties to ensure any action on the part of
the Lake Worth Drainage District would not adversely impact the approved site plan,
The items had been resolved and the applicant had completed the working drawings,
received first-review comments from the City and was ready to submit the second
review plans to the City for permitting purposes,
The site plan time extension was still subject to all previous conditions of approval and
as such, staff recommended approval of the request. The applicant indicated his
agreement to all conditions of approval.
Motion
Mr, Myatt moved to approve a one-year site plan extension for Pylon Interstate Plaza
Phase II, subject to all staff comments, Ms, Grcevic seconded the motion that passed
unanimously,
7. New Business
A, Women's Circle Office and Classrooms
Zonina Code Variance
1.
PROJECT:
Women's Circle Office and Classrooms (ZNCV
09-002)
Larry Winker, A,l.A,
Sister Lorraine Ryan, Women's Circle, Inc.
912-914 SE 4th Street
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 11.1.2, requiring that off-street parking
AGENT:
OWNER:
LOCATION
DESCRIPTION:
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
spaces be located within 300 feet of the subject use
and be owned by the subject property owner, to allow
the minimum required four (4) parking spaces to be
located off-site within 300 feet, except on property
not owned by the subject property owner, for a
change of use from residential duplex to general
business office within a Community Commercial (C-3)
zoning district,
Ms, Zeitler advised the Women's Circle was relocating to 912 SE 4th Street. The change
of use for the property from residential to commercial would require compliance with
commercial development regulations including temporary parking and handicap
accessibility, The applicant would be unable to provide the required parking on-site and
proposed to provide parking off-site via the new parallel parking spaces, The applicant
had entered into a temporary license agreement with the City to utilize municipal
parking at the Senior Center, The lot on the west would be used primarily on Saturday
mornings. Special circumstances existed as, unlike other sites in the area, the property
did not have a driveway and had always utilized on-street parking, The addition of on-
street parking spaces in front of the property would cause the loss of six feet of the
front yard for a sidewalk, Staff believed a hardship existed that was not seif-imposed
and recommended approval of the request.
(Mr, Barnes arrived at 7:01 p.rn.)
Sister Lorraine Ryan, Coordinator of the Women's Circle, Inc" was accompanied by
her Co-Coordinator, Sister Joan Carusilo, Governing Board Director Eileen Augustyn,
staff and students, She noted several of the classes were offered on Tuesday,
Wednesday and Thursday evenings while the Senior Center was closed,
Chair Jaskiewicz had visited the site and observed there had been no on-site parking,
She had also determined a scheduling conflict existed on Thursday from 11:00 a,m, to
2:00 p,m, The Senior Center held a heavily-attended dance at that time causing both
parking lots to be Filled, The Friday schedule from 12:00 noon to 1:30 p,m, could pose
a problem as well. Patrons visiting the Center generally remained for lunch, even when
an activity concluded at noon,
Sister Lorraine did not believe the scheduling conflicts would present a problem, The
Thursday English (ESOL) class started at 9:30 a.m, and the sewing class was offered
from 11:00 a,m, to 2:00 p,m, Many of the women attending classes walked, used
public transportation, or teamed up with another individual. Thus, the use of the
parking lot at that time would be minimal. Friday classes offered staggered English
(ESOL) and computer classes, Average attendance included four students, but as many
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
as 10 attended the sewing class, Sister Lorraine would be meeting monthly with Steve
Lulkin at the Senior Center in an effort to ensure there would be no scheduling issues.
She estimated the Women's Circle would not be fully functioning until early January
2010,
Sister Lorraine noted the Women's Circle cumulatively served 500 women over the
course of a year, In addition to the classes offered, clients who sought employment
were assisted on an individual basis, A support group met on Wednesday evenings at
the Treasure Chest Early Learning Center and averaged between 15 and 20 attendees,
The Women's Circle would continue to offer classes and events at different locations,
Attorney Alexander administered the oath to Mr, Winker, as he had arrived after the
meeting commenced,
Larry Winker, architect, advised he was working with Sister Lorraine to develop the
plans for the project. The architectural element issues had been addressed and the
plans were currently on file for building permitting, A great deal of work had been
performed on the exterior, The plan indicated a "Y"-shaped sidewalk currently did not
meet Code requirements, All new walkways were being installed and would be flush
with the thresholds of the present facility, and with the new walkway to be provided by
the City, The improvements would facilitate a user-friendly entrance to the facility, All
paint surfaces on the interior and exterior would be freshened, An irrigation system
existed at the site, and it was hoped plant materials would be contributed, Signage had
not been addressed but might be considered in the future,
Sister Lorraine noted the Women's Circle operated as a 501(c)(3) non-profit charitable
organization, functioning 100% from charitable donations, All services to the women
were free,
Chair Jaskiewicz invited comments from the public. No one came forward and publiC
comments were closed,
Motion
Mr, Lis moved to approve the request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11.1.2. requiring that off-street
parking spaces be located within 300 feet of the subject use and be owned by the
subject property owner, to allow the minimum required four (4) parking spaces to be
located off-site within 300 feet, except on property not owned by the subject property
owner, for a change of use from residential duplex to general business office within a
Community Commercial (C-3) zoning district), Ms, Grcevic seconded the motion that
passed unanimously,
8
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
Requested City Date Final Form Must be Date Final Form Must be Date Final Form M~e 0 P.
Commission Meeting Turned in to City Clerk's Turned in to Lellal Turned in to procursnt -4,
Dates Office -( ~~i
c:: .
rl S""tember I, 2009 Auoust 17, 2009 A.mtst 12.2009 Auwst 10, 2009 r-
c,::; ,T} b
I'XI Sentember 14, 2009 Auoust 31, 2009 Auoust 26, 2009 Auoust 24, 2009 A. ""
=:; U> t'
n :::::: r:..,
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.("1>
::
n AnnouncementsIPresentations 0 Citv Manaoer's Renort
NATURE OF n Administrative 0 New Business
AGENDA ITEM 0 Consent Apenda 0 Legal
0 Code Comnliance & Leoal Settlements 0 Unfinished Business
121 Public Hearioo 0
RECOMMENDATION: Please place this request on the September 14, 2009 City Commission Agenda under
Public Hearing. The Planning and Development Board on August 25, 2009, recommended that the request be approved. For
further details pertaining to this request, see attached Department Memorandum No. 09-046.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza Phase II (SPTE 09-008)
Raymond Balassiano, A.LA.
Woolbright Executive Center LLC
1501 Corporate Drive
Request for a one (I )-year site plan time extension for conditional use/major site plan
modification (CODS 07-004/MSPM 07-007), and height exception (HTEX 07-005)
approved on November 20, 2007, thereby extending site plan approval from May 20,
2009 to May 20,2010.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Jt~
City Manager's Si~
Assistant to City Manager. I .
oning Director City Attorney / Finance
JECTS\Pylon Interstate Plaza\SPTE 09-008\Agenda Item Request Pylon Interstate Phase II SPTE 09-008 9.14..Q9.doc
S'\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO, PZ 09-046
Chair and Members
Planning & De~elofre?t Board
Michael Rumpf ;Jll/
Director of Planning and Zoning
Ed Breese ~
Principal Planner
July 14, 2009
Pylon Interstate Plaza (SPTE 09-008)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Woolbright Executive Center LLC
Raymond Balassiano, fdA.
850 W, Woolbright Road (see Exhibit "Au - Location Map)
Office Commercial (OC)
Office Professional (C-1)
No change proposed
No change proposed
Offices
124,581 square feet / (2,86 acres)
Right-of-way for Woolbright Road, then farther north is developed commercial
property (Racetrac gas station), zoned Community Commerciai (C-3);
Vacant industrial property (retention pond for Boynton Commerce Center), zoned
Planned Industrial Development (PID);
Two (2) story office building in Phase One, then farther east is right-of-way for
Corporate Drive, still farther east is developed commercial (Lowe's), zoned
Community Commercial (C-3); and
Right-of-way for Lake Worth Drainage District (LWDO) E-4 Canal, then farther
west is developed commercial (First Southern Bank), To the southwest, a 60+/-
Page 2
Memorandum No, PZ 09-046
Pylon Interstate Plaza SPTE 09-008
foot portion of the subject property is adjacent (across the canal) to deveioped
residential property (Leisureville), zoned Single-family residential (R-1AA),
BACKGROUND
Mr, Raymond Balassiano, agent for Wooibright Executive Center LLC, is requesting a one (i)-year site
plan time extension for the Pylon Interstate Piaza Conditional Use/Major Site Plan Modification
Development Order (COUS 07-004/MSPM 07-007) and Height Exception (HTEX 07-005), which were
approved by the City Commission on November 20, 2007, The conditional use/major site plan
modification and associated height exception approval are valid for eighteen (18) months from the date
of approval. If this request for a one (I)-year time extension were approved, the expiration date of the
approvals, including concurrency certification would be extended to May 20, 2010,
According to the COUS/MSPM staff report, the applicant requested approval for the construction of a
29,199 square foot office building, The subject parcel is located approximately at the southwest corner
of Woolbright Road and Corporate Drive, and is the second phase of a two (2)-phase project, The first
phase was approved in 1984, and subsequently constructed,
As noted above, the applicant also received approval for a Height Exception in conjunction with the
COUS/MSPM approval, to accommodate a small segment of parapet wall, which is raised at the building
entrance on the west side, and mirrored on the east elevation. These portions of the parapet would be
43 feet in height, thus requiring an eight (8) foot height exception,
ANALYSIS
The Land Development Regulations state that the applicant shall have eighteen (18) months to secure a
building permit from the Development Department. Examples of building permits include but are not
limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The regulations
authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the
applicant files the request prior to the expiration date of the development order, In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for a site
plan time extension on May 5, 2009, approximately two (2) weeks prior to the expiration date of the
approvals,
According to the justification submitted for the requested time extension, since receiving City approval
the applicant has been working with the Lake Worth Drainage District (LWDD) to provide the District
with the necessary easement on the top of the canal bank for routine and emergency maintenance
purposes, Staff acknowledges that the applicant has been in constant contact with the City regarding the
negotiations with the LWDD and updating the status of their project, City staff has attended several
meetings between the two parties to help ensure that any action by the LWDD did not substantially
affect the approved site plan, These issues are now resolved and the applicant has finalized the
construction drawings and received first review comments from the City, and is now ready to submit for
permits,
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements, The Palm Beach County Traffic Division approved the original traffic study for the office
Page 3
Memorandum No, PZ 09-046
Pylon Interstate Plaza SPTE 09-008
project with the requirement that no permits be issued after the build-out date of 2009, Should the
applicant not be able to acquire the necessary permits by the end of the year, an updated traffic
concurrency approval letter from Palm Beach County will be required, As for utilities, records indicate the
utility reservation fee is due, Without payment of the reservation fee, the Utilities Department cannot
guarantee capacity will be available when the developer is ready to move forward,
The site plan time extension is still subject to the conditions of the COUS/MSPM and HTEX approvals.
Lastly, no new land development regulations are now in place against which the project should be
reviewed and modified, As for application of the Art in Public Places ordinance (05-060), this project is
not exempt, as the site plan request was filed after adoption of Ordinance 05-060 on October 5, 2005,
Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site
plan approval.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the conditional use/major
site plan modification (COUS 07-004/MSPM 07-007) and height exception (HTEX 07-005) approvals, If
these requests for extension were approved, the expiration, including concurrency certification, would be
extended to May 20, 2010, and all outstanding conditions from the previous approvals must still be
satisfactorily addressed during the building permit process, Any additional conditions recommended by
the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit
"D").
S:\Planning\SHARED\WP\PROJEcr5\Pylon Interstate Plaza\SPTE 09-00B\Staff Report.doc
EXHIBL "A" - SITE LOCATI("J MAP
PYLON INTERSTATE PLAZA (09-008)
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'0/00LBR1GHT EXECUTIVE CEJ\.rrEF
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EXHIBIT C
PRAYMOND BALAS SIANO, A.LA.
ARCHITECT
800 GLOUCHESTER STREET r-
BOCA RATON, FL 33487
TEL, (561) 706-1809
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May 1, 2009
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City of Boynton Beach
Planning & Zoning Division
100 E Boynton Beach Blvd
PO Box 310
Boynton Beach, FL 33425-0310
Attn: Mr. Ed Breese, Principal Planner
Re: Woolbright Executive Center
Pylon Interstate Plaza, Phase II
850 W Woolbright Road
Permit No. 08-1082
Request for Time Extension
Dear Mr, Breese:
This letter is in reference to the above listed project. Pylon Interstate Plaza Phase II was approved
on November 20, 2007 with an 18 month period set to expire on May 20, 2009, Since this rime we
have been working with the Lake Worth Drainage District to address and subsequently resolve a few
issues in connection with the west boundaries of the property,
We are respectfully requesting you grant us a 12 month extension of the site plan approval. As you
know, the final construction working drawings (all trade) have been entirely completed and submitted
to the building department. In fact, first plan review comments have already been issued by city
officials and all comments have been complied with. Final submission for the building permit is
now ready.
EXHIBIT "D"
Conditions of Approval
Project name: Pylon Interstate Plaza
File number: SPTE 09-008
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste --
,
I
Comments: None X I
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PUBLIC WORKS - Forestry & Grounds i
Comments: None X I
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PUBLIC WORKS- Traffic i
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Comments: None i X i
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UTILITIES I
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Comments: None X I --~
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FIRE "
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Comments: None X I
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POLICE I ,
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Comments: None I X I ~
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Comments: None , X J
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Comments: None I X , -I
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PARKS AND RECREATION f I,
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Comments: None I X -+-~~ll
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FORESTERJENVIRONMENT ALIST I I ill
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Comments: None I X , ~-j
- --
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. If this request for site plan time extension is approved, all outstanding X
conditions of approval from the original development order must still be
satisfactorily addressed durin!! the building permit orocess,
2. Should the applicant not be able to acquire the necessary permits by the end X
of the year, an updated traffic concurrency approval letter from Palm Beach
County will be reouired,
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined,
S:\Planning\SHARED\WP\PROJECTS\Pyton Interstate Plaza\SPTE 09~008\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Pylon Interstate Plaza
APPLICANT'S AGENT: Raymond Balassiano, A.I.A.
APPLICANT'S ADDRESS: 800 Glouchester Street, Boca Raton, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009
TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension
LOCATION OF PROPERTY: 850 W. Woolbright Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the pubiic finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantiai competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\SPTE 09-0Q8\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
location only, If a conflict forced Ms, Gondi to relocate, the new location would require
the Board's approval.
Chair Jaskiewicz felt mobile vending units were appropriate along roadways or outside
"Home Depot," but would not contribute to the mall's standing,
Mr, Grosh was asked if Lindburgers had been made aware of the mobile vending
service, as the restaurant had been negotiating for the Ruby Tuesday space. Mr, Grosh
noted the location of the mobile vending unit would not have been an issue as the lease
for any restaurant would take priority over the Dogfather lease, Once Ms, Gondi's
business was established, consideration could be given to relocation, possibly by placing
the cart in between the movie theater and Too Jay's Deli. Ms, Gondi noted she
currently operated a catering business and had set up the mobile vending unit at
Walmart and at various festivals,
Motion
Mr. Myott moved to approve the mobile vending unit 09-003 at the stated location at
the Boynton Beach Mall, subject to all staff comments. Ms, Killian seconded the motion,
Mr, Lis requested the portion of the lease agreement referred to in the discussions be
made a part of the record, The applicable portion indicated a subsequent user of the
Ruby Tuesday space would have the ability to preempt the mobile vending services,
Mr, Myott amended his motion as such, Ms, Killian seconded the motion as amended,
Mr, Grosh indicated his acceptance of the added provision,
The amended motion passed 4-1. (Chair Jaskiewicz dissenting.) (Mr, Barnes had not yet
arrived at the meeting.)
B, Pylon Interstate Plaza Phase II
Site Plan Time Extension
1.
PROJECT:
Pylon Interstate Plaza Phase II (SPTE
09-008)
Raymond Balassiano, A.LA,
Woolbright Executive Center LLC
1501 Corporate Drive
Request for a one (1) year site plan time
extension for conditional use/major site plan
modification (COUS 07-004/MSPM 07-007),
and height exception (HTEX 07-005) approved
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 25, 2009
on November 20, 2007, thereby extending site
plan approval from May 20, 2009 to May 20,
2010,
Ed Breese, Principal Planner, noted in accordance with the previous staff report, the
applicant had received approval to construct an office building of approximately 29,000
square feet at the southwest corner of Woolbright Road and Corporate Drive, The
applicant had also received approval for a height exception of approximately eight feet
for a small segment of parapet wall above the entry on the west elevation and mirrored
on the east elevation, Pursuant to the justification statement, the applicant had been
working with the Lake Worth Drainage District to provide an easement on top of the
canal bank for routine and emergency maintenance purposes,
Staff had attended several meetings with the parties to ensure any action on the part of
the Lake Worth Drainage District would not adversely impact the approved site plan.
The items had been resolved and the applicant had completed the working drawings,
received first-review comments from the City and was ready to submit the second
review plans to the City for permitting purposes,
The site plan time extension was still subject to all previous conditions of approval and
as such, staff recommended approval of the request. The applicant indicated his
agreement to all conditions of approval.
Motion
Mr, Myott moved to approve a one-year site plan extension for Pylon Interstate Plaza
Phase II, subject to all staff comments, Ms. Grcevic seconded the motion that passed
unanimously,
7. New Business
A, Women's Circle Office and Classrooms
Zonina Code Variance
1.
PROJECT:
Women's Circle Office and Classrooms (ZNCV
09-002)
Larry Winker, A.I,A,
Sister Lorraine Ryan, Women's Circle, Inc.
912-914 SE 4th Street
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 11,1.2, requiring that off-street parking
AGENT:
OWNER:
LOCATION
DESCRIPTION:
6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh..
)(1. - NEW BUSINESS
ITEM A.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetinl! Turned in to City Clerk's Turned in to Lef'!al Turned in to Procurement
Dates Office
0 Sentember I. 2009 August 17,2009 August J 2. 2009 August 10, 2009
I2J SeDtember 14, 2009 Auoust 31. 2009 August 26. 2009 August 24. 2009
0
0
0 AnnouncementslPresentations 0 City Manager's ReDort
NATURE OF 0 Administrative I2J New Business
AGENDA ITEM 0 Consent Al!enda 0 Legal - other
0 Code ComDliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Discussion and direction regarding submission to referendum of the
preservation and redevelopment ofthe Old High School structure and site,
EXPLANATION: A member of the Commission has requested Commission discussion regarding
the feasibility of a March, 2010 referendum to determine public support for preservation and
redevelopment of the Old High School. The scope of the issue submitted to the electors can range from
a simple non-binding question of whether the electors support or do not support preservation of the Old
High School to more specific approval of general obligation bond financing to fund preservation and
maintenance of the property, Referendums are initiated by the preparation of an Ordinance which
describes the issue and poses a ballot question for submission to the electors, The deadline for a
referendum question to be submitted to the Supervisor of Election for inclusion on the March, 20 10
ballot is February 5,2010, With that deadline in mind, the Ordinance establishing the referendum would
need to be on the City Commission agenda on December 1,2009 and December 15,2009,
PROGRAM IMPACT: Since a municipal election is scheduled for March, 2010, this item will
merely be added to that ballot
FISCAL IMPACT: Due to uncertainties of costs being shifted to the City from the Supervisor of
Elections we cannot yet determine the exact cost of the 2010 election, We have budgeted $75,000,00 in
the election line item for fiscal year 2009/2010. There will be additional expenses relating to the setup
costs of the ballot by adding this item,
SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Proceed with policy development by the City Commission without submission to
the electors via the referendum process.
City Al10rney
),
~
City Manager's Signatu~~ ~
Assistant to City Manag~~
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Department Hea s SIgnature
Department Name
City Attorney I Finance
S:\BULLETlN\FORMS\AGFNLJA ITEM Rj-<(JUEST FORM,j)()l
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~..
XI. - NEW BUSINESS
ITEM B.
Requested City Date Final Fonn Must be Date Final Form Must be Date Final Form Must be
Commission Meetinl! Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement
Dates Office
0 Sentember I, 2009 August 17,2009 Awmst 12. 2009 August 10. 2009
t5<J September 14, 2009 August 31, 2009 August 26, 2009 Aurrust 24, 2009
Ii
[J
0 Announcements/Presentations 0 CilV Manager's Report
NATURE OF 0 Administrative ISI New Business
AGENDA ITEM 0 Consent AQ"enda 0 Legal. other
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Heariofl 0
RECOMMENDATION: Discussion and direction regarding designation of Ocean Avenue Corridor
from the Ocean Avenue Bridge to Seacrest as Boynton Beach Old Town Area, Authorize City Attorney
to prepare resolution,
EXPLANATION: A member of the Commission has requested Commission discussion regarding
the feasibility designating the above area of Ocean A venue and possibly adjoining areas as the Boynton
Beach Old Town Area, This designation may assist in funding requests for historic preservation and
better describes the area as not being the principal retail and services area of Boynton Beach, This
suggestion came as result of an email fromacitizentotheCityManagerdatedSeptember7.2009.In
reviewing the e-mail, a member of the City Commission requested this item be placed on the September
14, 2009 City Commission meeting agenda, The action if authorized can be accomplished by a
resolution designating an appropriate area as the Boynton Beach Old Town Area,
PROGRAM IMP ACT: As noted above, the designation may assist with funding requests for
historic preservation and on funding for the Children's Museum, Such a designation may also help
support the marina area as an adjunct area, also related to the history and heritage of Boynton Beach,
The activities serve to underscore and focus redevelopment efforts in a core area of the City that has a
specific identity.
FISCAL IMPACT: None other than incremental'changes to City and CRA marketing and information
material.
ALTERNATIVES: Take no action on this suggestion,
SIBULLETlN\FORMSIAGENDA ITEM REQUEST FORM. DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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-D~artm~ t Head's Signature'
City Manager's Signature
Assistant to City Manager -:-~..
City Attorney
City Attorney! Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM [JOC
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.l
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Fenn Must be Date Final Form Must be
Commission MeetinlZ Turned in to City Clerk's Turned in to Leeal Turned in to Procurement
Dw_< nffice
0 SOntember I, 2009 Amru" 17, 2009 Au.ust 12, 2009 Auoust 10 2009
I'XI SentemberlS 2009 Au,;;5t 31, 2009 AU;;;;" 26 2009 Au.ust 24, 2009
0
n
n AnnouncementsIPresentations 0 City Mana.er's Renan
NATURE OF 0 Administrative n New Business
AGENDA ITEM 0 Consent AQ".enda /Xl Le.aI
0 Code Cornnliance & Leo-a! Settlements 0 Unfinished Business
0 Public Hearioll 0
RECOMMENDA nON: Mollon to approve the enclosed Ordinance (City's Exhibit" A") on second reading,
EXPLANA nON: The proposed legislation will assist the City in our ability to better identify and manage vacant and
Ioreclosed property by boldlng mortgage holders responsible for the following:
1. Registration of vacant & abandoned properties in default of their mortgage with the City or a third party
vendor to iDclude the requirement of a local property manager with contact information.
2. Property maintenance to include; mowing, securing, debris removal, pool cleaning and other routine
maintenance issues.
3. Providing regular inspections to ensure the required maintenance is ongoing as well as continued
maintenance obligations to the mortgage holder once property ownership is officially conveyed to the
mortgage bolder.
We anticipate using a third party vendor to administer this program at no cost to the Citv. StaCfis currently working
through the details of obtaining a third party vendor with our Procurement Department to enable us to move as
quickly as possible upon the adoption of this Ordinance.
PROGRAM IMPACT: Adoption of this legislation will ultimately assist staff by reducing resources spent
"managing" abandoned properties while providing a small revenue stream through the collection of registration fees
shared with tbe third party vendor,
FISCAL IMP ACT: Reduced staff time in managing these properties and a smalJ revenue enhancement shared with
third party vendor. ($150,00 divIded by 2) There are additional cost savings In terms of reducing the number of
properties we manage that involve abating nuisances such as mowing and securing of structures. Currently there are
no funds available in the 2009/2010 budget for this program.
ALTERNATIVES: Continue our current enforcement program citing property owners in default and funding the
mowing and securing of abandoned properties tbat are in foreclosure OT letting the properties fall into advanced
stages of decay.
S:\IJULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ent Head's Signature
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City Manager's Signa~1
Assistant to City Manage.r~_
Public Affairs
Deparnnent Name
City Attorney / Finance
S'\BULLEl1N\FORMS\AGENDA n'EM RE12UEST FORM.DOl'
ORDINANCE NO. 09- 040
1
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY AMENDING CHAPTER 10,
7 "GARBAGE, TRASH, OFFENSIVE CONDITIONS,"
8 ARTICLE III, "ABANDONED PROPERTY," BY
9 ENACTING A NEW SECTION 10-51.5, ENTITLED
10 "ABA.:"IDONED PERSONAL AND REAL PROPERTY";
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE,
13
14 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
15 order to provide for additional enforcement and monitoring mechanisms that will assist the City
16 in monitoring abandoned personal property located on private property throughout the City;
17 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
18 order to provide a process by which real property, subject to foreclosure, is maintained in
19 accordance with the City's property maintenance code, and a mechanism for keeping track of
20 the current owner or mortgage holder of the property; and
21 WHEREAS, the adoption of this ordinance is in the best interest of the health, safety,
22 and welfare of the residents, citizens, and business within the City of Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
26 confirmed by the City Commission,
27
Section 2,
That Article III, "Abandoned Property," of the City of Boynton Beach
28 Code of Ordinances, be, and the same is hereby amended by enacting a new Section 10-63,
29 entitled "Abandoned Personal and Real Property", to read as follows:
30 Sec. 10-51.5. Abandoned Personal and Real Propertv
2
I J.JlLPuroose and i11lenr. .It is the purpose and iment of!.hi~.~~Cli911 to..establish a process to address th
amount of abandoned personal and rea) properlY' iocated wiLhin the cit\'. This section is further intende
to specifically establish an abandoned residential property program as a mechanisln to protee
residential neighborhoods from becoming blighted through the lack of adequate maintenance an
security of abandoned properties.
(b) Definitions. The following words. terms and phrases. when used in this chapter, shall have the
meanmgs ascribed to them m this section. except where the context clearl, indicates a different
meanmg..
(1) Abandoned personal propertv means property which has been left abandoned and unprotected
from the elements and shall include, but not be limited to. wrecked, inoperative or partially dismantled
lraiiers, boats, machinerY, refrig.erators, washinl?- machines, plumbing fixtures, furniture and any other
simiJar article which has been left abandoned and unprotected from the elements.
(2) Abandoned real propertv means any property that is vacant or is under a current notice of default
andlor notice of mortgagee's sale bv the lender or a pending tax assessors lien sale and/or properties that
have been the subiect of a foreclosure sale where the title was retained hy the beneficiarY of a mortgage
involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.,
(3) Accessible vrOf)ertv means a property that is accessible through a compromised/breached gate.
fence, wall. etc.
(4) Accessible structure means a structure/building that is unsecured and/or breached in such a \~
to aliow access to the interior space bv unauthorized persons.
( 51 Enforcement officer means any full-time law enforcement officer. building official. code
enforcement officer. fire inspector or building inspector emploved within the cjty.
161 Evidence of vacancy means anv condition that on its._.9vm. or com bined with other conditions
present would lead a reasonable person to believe that th,e propcne', is vacant. . SuclLcondi!.iqJ!Ll~
include. but not be iimited to. overgrown andlor dead vegdation, accumulation of abandoned nerson~J
"
-
S:\l.:A\Ordinanccs\Abandom:d Property MaUltcnance Code d'I(
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propertv. as defined herein, statements by neighbors, passers-by, deliyerv agents or government agents,
among other eyidence that the property is yacant.
(7) Foreclosure means the process by which a property, placed as security for a real estate loan, is
sold at public sale to satisfy the debt if the borrower defaults,
(8) Nominal salvaile value means the value of an article of abandoned or derelict property which a
reasonably prudent person would believe IS the fair market value of the property . taking into
consideration its useful life, earning capacity or replacement cost. less depreciation and items of general
or special depreciation, would be nominallv greater than the costs of salvage including the removal.
transportation, storage and sale of same.
(9) Prooerrv mana'{ement comvanv means a local property manager, property maintenance companv
or similar entitv responsible for the maintenance of abandoned real properrv.
(10) Public vroverrv means canals, all waterwavs, lands and improvements owned bv governmental
bodv or anv governmental agency including but not limited to easements and rights-of-wav, but
excluding the campus of anv institution of the state university svstem.
(11) Residential buildinrt means anv improved real property, or portion thereof, situated in the city,
designed or permitted to be used for dwelling PUl'Poses, and shall include the buildings and structures
located on such improved real properrv.
(12) Vacant means any buildinglstructure that is not legally occupied.
(c) Avplicabilirv. This section shall be considen;d cumulative and not superseding or subiect to any
other law or provision for same, but shall rather be an additional remedy available to the city above and
beyond anv other state, county andlor local provisions for same.
(d) Penalties. Any person who shall violate the provisions of this section shall. upon conviction, be
punished as provided in section 1-6 of the City of Boynton Beach Code of Ordinances Code as
applicable. In addition, any violation of this section may be enforced through the City's Code
Compliance Board as provided in Chapter 2, Article V, of the City's Code of Ordinances.
3
S:\CA\Ordinances\Abandoned Property Maintenance Code.doc
25
~
Uo) Plac:emem uf abanduned nerso!1u! f/ro!Jerll'---!!!l.1!rivuu: oronern:'. Drohibilea':....
(I) It shall be unlawful for any person 10 abandon personal properrv upon priyate propertY:
a. Without such receiying property owner's consent or
b. In yiolation ofthis or any other applicable law. ordinance or regulation.
(2) Nothing in this section shall be deemed to apply to abandoned personal property authoriz
left on private business property proper]v operated. licensed and zoned in the Citv for the pu
accepting abandoned properrv.
(f) Public nuisance. All abandoned personal propertv and abandoned real property is hereby
to be a public nuisance. the abatement of which pursuant to the police power is hereby declar
necessary for the health. welfare and safetv of the residents of the city.
(g) j\/olifkalion nrocedure. \Vhen an enforcement officer ascertains that an articie of oersonai
having nominai salvage value lies abandoned or derelict upon private properrv. that officer shaii:
(I) Cause a notice to be placed upon such abandoned properrv in the substantiallv following for
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
FOLLOWING DESCRIBED PROPERTY:
( setting forth brief description)
LOCA TED AT:
( setting forth brief description of location) is:
IMPROPERLY STORED AND IS IN VIOLATION OF
( setting forth ordinance or violation violated I
AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS
NOTICE: OTHERWISE IT SHALL BE PRJ:;,SUMED TO BE ABANDON Ell
PROPERTY AND MA I' BE REMOVED AND SOLD OR DESTROYED BY ORDJOR
OF THE CITY OF BOYNTON BEACH, FLORIDA. DATED THIS:
( setting forth the date of posting o~ noti~
4
S:\CA\()rdlnanccs\Abanduned Property Maintl.:nancl' Lodednc
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SIGNED
(setting forth name. title. address and telephone number of enforcement officer)
(2) Such notice shall be not less than eight (8) inches bv ten (10) inches and be sufficientl
weatheroroof to withstand normal exposure to the elements.
(3) The enforcement officer shall make reasonable effort to ascertain the name and address of the
owner of the abandoned property and, if such address is reasonablv available, the officer shall mail bv
certified mail a copv of the notice to the owner on or before the date of posting the above-described
notice on the abandoned personal property.
(4) The enforcement officer shall mail bv certified mail a cOPv of the above-described notice to the
owner of the real property upon which the abandoned personal property is located. as shown bv the real
estate tax records as provided bv the Palm Beach County Property Appraiser's Office or anv other
address provided to the local government bv such owner. on or before the date of posting such notice.
(h) Removal of abandoned versonal vroverfV.
(l) If at the end of five (5) davs after posting notice under this section. the owner or any oerson
interested in such abandoned personal property described in the notice has not removed same, the city
mav seek an appropriate order from the special magistrate or code enforcement board and mav
subsequentlv cause the article of abandoned personal property to be removed and destroved, and the
salvage value. if anv. of such article shall be retained bv the city to be applied against the cost of
removal and destruction thereof,
(2) Before destruction. for abandoned property on private lands, at the end of the five ( 5) dav period of
posting of such notice. if the owner or person having interest in the property has not removed the
abandoned property from private property, or shown reasonable cause for failure to do so. the City mav
cause the property so described to be removed bv a towing or salvage companv who shall cause the
article or articles of abandoned property to be removed and placed in storage if applicabie with the local.
state and federal regulations. At the conclusion ofthe required storage. if the article is not claimed. and
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iftht: sa!yage value i_s abo\~~ ont:..hundrcd dQ!Jars ($JJIO.(JQL_tll~tQwinf; compan\ shalLQav th~._~'jt\ tht:
sum of twenty-five dollars 1$25.001 or ten (10) percent of such vaiue, whichever IS greater, for the
administrative costs in handlin~ with said aJ1icle. If the articie is claimed, the Cil\' shall receive twentv-
five dollars ($25.00) as an administrative tee.
(3) It is unlawful to remove abandoned personai propertv, including inoperative vehicles, from private
property to pubiic property after the postin~ of said property by an enforcement officer.
(4) [n the event that the abandoned property is deemed to be an imminent public health and safety
hazard, an enforcement officer is authorized to remove the property immediatelv. Subsequent to the
removal of the abandoned property, the City shall make reasonable and diligent efforts to ascertain the
owner and take the applicable action. If the abandoned propertv IS on private oropertv. the private
property owner shall be provided notice and assessed the cost of removai of thc abandoned prupertv and
anv required clean-up of the private property.
(i) Rezislralion of abandoned rea! oroDerlv.
(I) Any mortgagee who holds a mortgage on real propert,. located within the City shall perjQITn an
I inspection of the property that is the security for the mortgage, upon default by the mortgagor, or
issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancv. it
shall be deemed abandoned and the mortgagee shall. within ten ( 10 I days of the inspection. register the
property with the Cilv's Code Compiiance Administrator. hislher designee. or the Citv's authorized
representative, on forms provided bv the Cit,. A registration is required for each vacant propiOrty.
(2) If the property is occupied but remains in default, it shall be inspected bv the mortgagee or his
designee monthlv until (I) the mortgagor ur other PartY remedies the defauit. or (21 it is found to be
vacant or shows evidence of vacancv at which time it is deemed abandoned. and the mortgagee shall.
within ten (10) davs of that inspection, register the property with the City's Code Compliance
Adm inistrator. - hislher designee. or the Citv' s authorized representative, e1ectronicalh via thLCitvj
I website or on forms provided by the Citv.
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I (3 ) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailin
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address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile numbe
and e-mail address and, the local propertv management companv responsible for the security an
maintenance of the propertv and their direct contact name and telephone number of manager. facsimil
number and email address, and mobile number for direct contact.
(4) An annuai registration fee in the amount of one hundred fifty dollars ($150.001. per propertv, shall
accompanv the registration.
(5) This section shall also applv to properties that have been the subiect of a foreclosure sale where the
title was transferred to the beneficiary of a mortgage involved in the foreclosure and anv properties
transferred under a deed in lieu offoreclosure/sale.
(6) Prooerties subiect to this section shall remain under the annual registration requirement. sccuiit'v'
and maintenance standards of this section as long as thev remain vacant.
(7) Anv person or corporation that has registered a propertv under this section must report anv change
of information contained in the registration within ten (10) davs of the change.
(i) Maintenance reQuirements.
(I) In addition to the complving with the City's Propertv Maintenance Code, properties subiect to this
chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, iunk, debris, building
materials, anv accumulation of newspapers, circulars, fivers, notices. except those required bv federal.
state, or local law, discarded personal items included, but not limited to, furniture, clothing, large and
small appliances, printed material or anv other items that give the appearance that the propertv is
abandoned.
(2) The propertv shall be maintained free of graffiti or similar markings bv removal or painting over
with an exterior grade paint that matches the color of the exterior structure.
(3) Front. side. and rear vard landscaping shall be maintained in accordance with the City's Code of
Ordinances at the time registration was required.
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(4) Landscape shall include,__ but ,not Q~Jimited t(\--.lliJi~>"S!Q!!nd covers. bushes, shfUbs, h_e_9ges or:
similar plantings. decorative rock or bark or artiflciai wrfl sod designed specificaliv for residentiai
installation, Landscape sbali not include weeds, graveL broken concrete. asphalt or similar material,
(5) Maintenance sball include, but not be limited to, vvatering. irril!3tion. cutting. and mo\\-'ing of
required landscape and removai of all trimmin"s.
(6) Pools and spas shall be maintained so the water remains tree and clear of pollutants and debris.
Pools and spas shall eomply with the enclosure requirements oftbis Code and Florida Building Code. as
amended from time to time.
(7) Failure of the mortgagee andlor property owner of record to properly maintain the property mal'
result in a vioiation of tbis Code and issuance of a citation or notice of violation/notice of hearing by a
ritv rode Compliance Officer. Pursuant to a finding and detennination by the City's Code Compliance
Board. the City may take the necessary action to ensure compliance with this section.
(k) Securilv requirements.
(I) Properties subieet to tbis section shall be maintained in a secure manner so as not to be acc!,ssible
to unauthorized persons.
(2) A "secure manner" sball include, but not be limited to, the closure and locking of windows, do~
gates and other openings of such size that may aliow a child to access the interior of the property andlor
structure. Broken windows shall be secured by re-~lazin~,
(3) A local propertY management com pam shall be contracted to perfonn bi-weekly insoel:tions tll
veri1\; compliance with the requirements ofthis section, and anv other applicable laws.
(4) The propertY shall be posted with the name and twenty-tour (241.bour contact phone number of the
locai propertv management company. The posting shali t>e no less than an eight-inch by tencinch sign.
The posting shall contain the following langua~e:
THIS PROPERTY IS MANAGED BY:
(Name ofpropertv managemcllt.f9mpan\)
S
S-\CA\urdinanct's\Aballdoncd Propt:rty Maintenance Code d{lc
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TO REPORT PROBLEMS OR CONCERNS CALL:
(Telephone number ofpropertv management companv)
The posting shall be placed on the interior of a window facing the street to the front of the property so it
is visible, or secured to the exterior of the building/structure facin!( the street to the front of the property
so it is visible or, if no such area exists, on a stake of sufficient size to support the posting in a location
as close as possible to the main door entrance of the property, Exterior posting shall be construeted of
and printed with weather-resistant materials.
(5) The loeal property management companv shall inspect the property on a bi-weeklv basis to ensure
that the property is in compliance with this section. Upon the reauest of the City, or its authorized
representative. the local property management companv shall provide a copv of the inspection reports to
the Code Compliance Department.
(6) Failure of the mortgagee andlor property owner of record to properlv maintain the property mav
result in a violation of this Code and issuance of a citation or notiee of violation/notice of hearing bv a
City Code Compliance Officer, Pursuant to a finding and determination by the City's Code Compliance
Board, the City mav take the necessary action to ensure compliance with this section.
(I) Opposinz, obstructinz enforcement officer; venaltv. Whoever opposes. obstruets or resists anv City
officer or any person authorized by the City in the discharge of duties as provided in this section, upon
conviction shall be punished as provided in herein,
(m) lmmunitv of Code Comvliance Officer. Anv Code Compliance Officer or anv person authorized
bv the City to act pursuant to the City's Code of Ordinances, or state law. shall be imm une from
prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the
discharge of duties imposed by this section.
(n) Additional authority. The City's Code Compliance Administrator. his/her designee. or the City's
authorized representative shall have authority to reauire the mortgagee andlor owner of record of anv
property affected by this section. to implement additional maintenance andlor security measures
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inclu.fiine. but not limited tn. st,;curim!jill~l~Jld all dC\Q~viI14~)v. OL9~h~Ls:-~peni.ngs., ~rD:.pJovm~Tn_Df an
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on-site security guard. or other measures as mav be reasonabiv required to ~~ventJurther decline
of the proper!\'.
(0) Adootion of rules: exoenditure of funds: declaration of Iflunicioal ouroose. The Cit\' Manager.
consistent with hislher duties and authorities under the _ City Charter, including those duties and
authorities relating to emergencv situations, is authorized and empowered to adopt rules and reguiations
and expend Cit\' funds as mav be reasonablv necessary and available to carrv out the terms of this
section, the expenditure of such funds being declared a proper municipal purpose.
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Section 3.
Each and every other provision of the City of Boynton Beach Code of
10 Ordinances not herein specifically amended, shall remain in full force and effect as originally
11 auopted.
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Section 4,
All laws and ordinances applying to the City of Boynton Beach in
13 conflict with any provisions of this ordinance are hereby repealed.
14
Section 5.
Should any section or provision of this Ordinance or any portion thercof
] 5 be declared by a court of competent jurisdiction to be invalid, such decision shall not aiTect the
16 remainder of this Ordinance,
Section 6,
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immcdiatd).
FIRST READING this
day of
,200'!,
10
S:\CAIUrdlnanccsIAbandoncd Prupeny MainH:nancc Code d\IL
I SECOND, FINAL READING AND PASSAGE this day of
2 2009,
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4 CITY OF BOYNTON BEACH, FLORIDA
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7 Mayor -- Jerry Taylor
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10 Vice Mayor -- Woodrow 1. Hay
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13 Commissioner - Ronald Weiland
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16 Commissioner - Jose Rodriguez
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18 ATTEST:
19 Commissioner- Marlene Ross
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21 Janet M. Prainito, CMC
22 City Clerk
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24 (Corporate Seal)
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26
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
XII. - LEGAL - 2nd Reading
Non-Development
ITEM S.2
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetin~ Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
n Sentember 1. 2009 Au.uS! 17, 2009 Au.ust 12. 2009 Au.ust 10. 2009
X SeDlember 14, 2009 August 31, 2009 August 26, 2009 Au.ust 24, 2009
0 October 6, 2009 SeDtember 14. 2009 September 9.2009 Sentember 7, 2009
0 October 20, 2009 October 6, 2009 SeDtember 30, 2009 SeDtember 28. 2009
0 Announcements/Presentations n City Mana.er's Reoor!
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda X Leoal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: 2'. Reading - Approve amendment to the Code of Ordinances, Section 16-61 and 16-62,
providing administrative clarity and adding language in the ordinance that requires advance notification when
leaving vehicles andlor trailers at the park for more than three (3) days by patrons actively involved in fishing
andlor boating activities.
EXPLANATION: Boat Club Park is one of the busiest boat launching facilities in Palm Beach County. This 9.5
acre park provides boaters direct access to the Boynton Inlet, and features four ramps, six holding docks, public
restrooms, picnic pavilions and a small building that is used by the local Coast Guard Auxiliary and as a venue
for small meetings and various recreation activities. Staff recommends adding language to the ordinance
prohibiting the storage of vehicles andlor trailers at the park. Although the current ordinance allows for extended
parking at the park for fishermen and boaters actively engaged in fishing or boating, there have been several
cases in which trailers have been left unmoved for many weeks. Additionally, language is added to regulate
parking of vehicles without trailers,
PROGRAM IMP ACT: Changes to the ordinance will allow staffto restrict extended parking at the park for only
those individuals actively engaged in fishing or boating and to better regulate where vehicles are parked,
FISCAL IMP ACT: nla
/
/
epartment Head's Signatuf
es to the ordinance,
~;l-R~
City Manager's Signa~~ -
Assistant to City Manager ~
AL TERNA TlVES:
Recreation & Parks
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
12
I ORDINANCE NO, ()'J - o..{ I
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 PART II, CHAPTER 16, "PARKS AND RECREATION",
6 ARTICLE II, "CITY PARKS AND BEACHES", SECTION
7 16-60, "ESTABLISHING HOURS OF USE AT CITY
8 BOAT CLUB PARK" AND SECTION 16-61, "BOAT
9 LAUNCHING AND TRAILER PARKING USER FEE AT
10 THE BOAT CLUB PARK"; CREATING A NEW
11 SECTION 16-62, "ENFORCEMENT", PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND
13 AN EFFECTIVE DATE.
14
15 WHEREAS, City statr has reviewed Sections 16-60 and 16-61 of the Code of
16 Ordinances and recommended modifications to improve the functioning of the Boat Club
17 Park: and
18 WHEREAS, the City Commission for the City of Boynton Beach finds that amending
19 Sections 16-60, 16-61 and creating a new Section 16-62 of the City's Code of Ordinances is
20 in the best interest of the health, safety. and welfare of the citizens of the City of Boynton
21 Beach.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
Each Whereas clause set forth above IS true and correct and
26 incorporated herein by this reference.
27 Section 2. Part II, Chapter 16. "Parks And Recreation". Article 11, "City Parks and
28 Beaches", Section 16-60, "Establishing Hours of Use at City Boat Club Park" and Section 16-
29 61, "Boat Launching and Trailer Parking User Fee at the Boat Club Park" are hereby
30 amended as follows:
31
i') Sec. 16-60. Establishing hours of use and terms uf use at city Boat Club Park.
33
34 J..!!.L The Boat Club Park shall be closed at 10:00 p.m. to all persons. except ter!Jj
35 fishermen; afld-(1Lboaters actively engaged in fishing or boating or preparation
36 thereof; and (3) official permit holders utilizing the boat club building,
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fQL,....aHfl-!i-t shall be unlawful for anyone, except the enumerated persons, to enter
said park between the hours of 10:00 p,m. and dawn of the next day,
(ct') The Boat Club Park shall not be used for storage of anv kind, including but
not limited to storage of vessels, vehicles, and trailers,
(dB) No tether, lock, or other personal propertY shall bepelmanently attached to
any fixtures, trees, or other obiects on the Boat Club Park Premises,
(ei) Any decal holder actively engaged in fishing or boating or preparation thereof
for a period of three (3) days or more shall notifv the Citv in writing in advance,
The City shall tag the trailer andlor vehicle of any such decal holder as an
"Extended Stay" vehicle. Any vehicle or trailer that remains in the Park for three
(3) davs or more without prior pennission from the City shall be rcmoved, towed,
or otherwise disposed of at the owner's expense,
(f) Vehicles without a trailer may onlv park in designated areas for single
vchicles.
Sec. ] 6-61, Boat launching and trailer parking user fee at the Boat Club Park.
(a) The purpose of this section is to establish an annual and daily boat launching
and trailer parking user fee for the City's Boat Club Park and to establish ,mles and
regulations related to the use of the Park,
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(b) The City shall charge a $50,00 annual decal fee, On weekends and holidays,
those who do not have an annual decal may pay a aM $10,00 dailv fee, There is no
dailrfee for non-decal holders during the weekdays (Mondav through Friday).
(c) The City shall not differentiate between residents and non-residents of the
County or the State while processing decal applications.
(d) (1) Decals will be issued to an applicant on an annual basis October 1 to
September 30 upon satisfactory completion of appropriate application
forms, commencing October 1, 2001. All decals shall be permanently
affixed on the passenger side of the trailer (on a conspicuous part of the
winch post; alternately the tongue, as close as possible to the ball). Decals
placed on a trailer other than the one for which it was originally issued shall
be constmed to be void,
(2) In the event that the trailer to which the permanent decal was issued
has been sold or otherwise changed ownership and/or in the event a
properly issued decal is mutilated and can be identified, the decal will be
2
S:\CA\Ordinances\Boat Club Park Amendment.doc
] replaced for a charge of twent}-liv<: dollars ($25.()() I provIded the holder
2 can return an identifiable portion 01 the mutilated decal 1u the Clt' In the
3 event the holder of a lost or mutilated decal cannot provide an identJiiabk
4 portion or part of the decal, the charge I"l' a rcplacement decal wili he the
5 sum of fifty dollars ($50.001.
6
7 Ie) Dail:,--u_,cr fce '.vill--+equire tk~1-H ohtain -u--(~~l. ~*'
8 cKpire:; 21 hours aftcr i~"alUnce.
9
10 (J.f) Unpemlitted boatsBoats, vessels and trailers that do not have a lawfullv
11 issued decal shall bc -are-subject to a $25 fine.
12
13 (gi) Enforcement: The City Police Depal1ment ie; hereby gi\'en the po',\cr and
14 duty to eHforce this article and shall hme the power to mal:e lawful urrests for the
15 \'iolat;on of the pfll',.ision_~ hereof. .'\nyonc found tn hayc vioiated :Jny prclYision of
16 thi~; :Jection shall be punieJhed l:,; pro\'ided for in thi:: chapter or ao; olher'?,'i.:c
17 provided by-lit'Wc
18
19 {hl;J ~hcald uny ~;cc,ti(~;"l u. t-;~C~;:::;;;::;;~. :~f' :;~;:_~ :'~c::;::;~~ '-" i-;(;7'~;;J;-: :~;::~'.::(,:', a;-:~.
20 paragraph. ::entencc or \yord be declared by u court of conlpetent juri:;diction to be
21 invalid, slIch deci:;ion .;hall not. affect the-J't'Tlllii~t:l-1lis-sec."ltlID,
22
23
24 Section 3. Chapter 16, "Parks and Recreation", Article II "City Parks and
25 Beaches" is hereby amended by creating a new section 16-62 as follows:
26
27 Scc. 16-62. Enforcement.
28
29 -1 he en, Police Depat1ment is hereb, f,(iVell the powcr and duty to enforce this
30 article and shal.l ha\:e th~ow'er t9 make ia.wful arrests Ii)]' the vio]atio_n_of the
31 provisions hcrcof. Anvone found to have violated all\' provision of this ~ectiull
32 shall bc punished as provided ftJr in this chaPter or as otherwise provided h\ la\\
33
34
35
Section 3.
Eaeh and every other provision of Chapter 16, not herein specifically
36 amended shall remain in full lorce and effect as previousiy enacted.
37
Section 4.
All ordinances or parts of ordinances in cont1iet herewith be and the
38 same are hereby repealed.
39
Section 5.
Should any section or provision of this ordinance or portion hereof any
3
S:\CA\Ordinances\Boat Club Park Amendment.doc
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
2 such decision shall not affect the remainder of this ordinance,
3
Section 6,
Authority is hereby granted to codify said ordinance,
4
Section 7,
This ordinance shall become effective immediately,
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35 (CORPORATE SEAL)
36
,2009,
FIRST READING this _ day of
AND PASSAGE this
SECOND, FINAL READING
,2009,
day
of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M, Prainito, CMC
City Clerk
4
S:\CA\Ordinances\Boat Club Park Amendment.doc
XII. - LEGAL
ITEM E.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Date Final Form Must be Date Final Fonn Musm ';;
Commission Meet\m! Turned in to Citv Clerk's Turned in to Le12:al Turned in to ProcuremMlt ~
Dates Office 0::- td,
u Seotember 1, 2009 Au.ust \7, 2009 Au.ust 12, 2009 Au.us! 10, 2009
tsl Seotember \4, 2009 Au.us! 31. 2009 Au.us! 26, 2009 August 24. 2009
0
LJ
Consent A enda
o (it Mana er's Re ort
o New Business
IZI Le al - other
Unfinished Business
NA TVRE OF
AGENDA ITEM
o Announcements/Presentations
Administrative
o
RECOMMENDA TlON: Authorize the City Attorney's Office to file a lawsuit to foreclose on Code Enforcement
Liens totaling $472,119.74 as of August 24, 2009, held by the City on real property owned by Ralph & Rosie, Inc" located at
2007 South Federal Highway.
EXPLANATION: The business located at 2007 South Federal Highway continues to be the source of on-going code
violations. The City is seeking authority to foreclose on !hree liens which the City has acquired on the property.
SITE PLAN MATTER
. Code Enforcement Case No. 07-429 involves a failure to obtain City approval for site plan modifications. In late
2006, a Chickee Hut was installed on the property without prior site plan modification approval. The Code
Enforcement Board found a violation, and certified a fine and imposed a lien on the property. Ralph & Rosie's filed
an appeal of the certification order in Palm Beach County Circuit Court. The City won that lawsuit, including a
successful appeal of a stay order to the Fourth District Court of Appeal.
. Notwithstanding the outcome of the legal challenges to the lien, Ralph & Rosie has yet to bring the property into
compliance, Complianee requires approval of a site plan modification.
. City staff has attempted to work with Ralph & Rosie to attain compliance, but Ralph & Rosie has not acted in
accordance with the comments and requirements of City staff on the issues.
. The accrued fine for the lien is $452,634,12 as of August 24, 2009. The fine will continue to accrue until
compliance is certified by the City at a rate of $500 per day.
. The 2008 Property Appraiser records indicate that the property is appraised at the following values:
Improvement Value: $190,706
Land Value:
$212,560
Total Market Value:
$403,266
S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
SIGN CODE VIOLATIONS
. There are two liens recorded against the property located at 2007 South Federal Highway for sign violations. Ralph
& Rosie filed appeais in Palm Beach County Circuit Court to challenge the liens, but after its attorney withdrew and
Ralph & Rosie failed to obtain substitute legal counsel for the appeals. the court dismissed both appeals.
. Both of the sign violations were corrected and brought into compliance. fhe Code Lien certified on November 19,
2007 is $8,012.66 The Code Lien certified on December 16,2007, is $11.472.96.
The City Anorney's Office has reviewed the title work for the property located at 2007 South Federal Highway, and there is a
twenty (20) year mortgage in the original amount of $225.000, dated September II, 200 I. The mortgage has priori!) and that
encumbrance will survive the foreclosure.
Pursuant to the requirements of Chapter 162, Florida Statutes, the City's request to authorize t'orcclosurt: was approved b) the
City's Code Enforcement Board on August 19.2009.
PROGRAM IMPACT: The property located at 2007 South Federal Highway is the source of on-going code issues. and
despite knowledge of the violations and direction on how to comply, the property owners have not remedied the out"landing
violation. The Chickee Hut was constructed without obtaining site plan modification approval, which is required since
ingress, egress, parking and seating capacity issues are among the issues affected by the structure. Although the Chickee Hut
does not require building permits since it was cunstructed by the Seminoles. it must meet zoning requirements. In addition.
Ralph & Rosie had at one time installed electrical and plumbing under the structure \vithout obtaining the necessary huilding
permits for such. These improvements were removed once the City pursued enforcement of building code regulations against
owe of the owners of the property, Ralph Devita.
In addition, due to the code violations and outstanding liens, the City Code prl;vents Ralph & Rosie from obtaining a business
license tax receipt, formerly known as an occupational license. Ralph & Rosie continues to conduct business on the site
despite the lack of the local business license, which is the result of its failure to remedy the outstanding violations and satisfy
the outstanding liens.
Foreclosure of the liens will enable the City or another party to obtain title to the property located at 2007 South Federal
Highway. subject to the mortgage, unless the matter E settled through the course of the litigation.
FISCAL IMPACT:
To date, the City has incurred significant enforcement expenses, including substantial staff time reviewing the- issues, me-ding
and corresponding \vith the owners of Ralph & Rosie, and attempting to resolve the issues. 111 addition, due to the litigious
nature of Ralph & Rosie. the City has incurred significant legal expenses in defending the appeals tiled by Ralph & Rosie.
including the necessity of filing an appeal to the Fourth District Court of Appeal of an order that should not have been
requested by Ralph & Rosie, and was entered erroneously by the circuit l.:ourt. which if permitted to stand would have
eliminated the ability to enforce any matten against Ralph & Rosie (including possible building <.:odc and noise violations)
while the code appeal was pending.
Additional legal fees and expenses will be incurred in the litigation. However. a successful foreclosure action should conable
the City to recover its costs and expenses incurred in enforcing its codes against Ralph & Rosie.
ALTERNATIVES:
The City could permit the lien in Case No. 07-429 to continue to accrue at the rate of$500.00 per day until compliance. This
would leave the violation in place, and to date Ralph & Rosie has not appeared motivated to "vork \\lith the City on
compliance. The City could also consider an injunction case against Ralph & Rosie. seeking to close the business until its
local business tax receipts are paid and current, which could not occur until cDmpliance is achil.:vt:d and the liens satisfied.
,\-\!:H,'L!YflN\FORl'vlS\A(il-]\[)i\ ITEM RFQI1FST Fe )RM [)(,('
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
This would result in legal fees in the same manner as the foreclosure case, and an injunction may be seen as a drastic remedy
which a court may be hesitant to grant notwithstanding the merits of the City's G.se.
City Attomey
JJr62.~
City Manage~ Signatur<;,
t to City Manager ~
~~
Department-Head's Signature
Department Name
Attorney I Finance
SIBULLETINlFORMSIAGENDA ITEM REQUEST FORM. DOC
1~~mg~llfi~IIBIIIIIIIII
The City of Bovnton Beach
City Clerk', OfficL'
100 E BOYNTON BEACH BLVD
BOYNTON BL"CH FL :J:q:i~
(561) 742-6u6u
Fl":X: (561) 74~-6()Y(j
e-mail: prainitojr[l::.ci.buynton-beach.t1.us
\V\V\v boy'nton beach.urg
CFN 20(J13Dl'71440
OR 8K 23243 PG 0388
RECORDED OS/211200'3 11,1'" 1J
Palm Beach County, Plorida
Sharon R, Bock,CLERK ~ COftPTROLLER
Pgs 0388 - 393; (5pgs)
CERTIFICATION
I, JUDITH A. PYLE, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached recorded lien #07-429 consisting
of five (5) pages is a true and correct copy as it appears in the records of the
City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 21st day of May 2009.
"I r ,..'
. I 'u/', -/;/.
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JU'OITH A, PYLE '
DEPUTY CITY CLERK
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CFN 201ZJ71ZJ196162
OR BK 21654 PG 1092
RECORDED 04/24/2007 07:17:53
Palm Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 1092 - 1095; (Spgs)
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 07-429
CITY OF BOYNTON BEACH,
Petitioner,
VS.
RALPH & ROSIE INC,
Respondent(s),
ORDER IMPOSING PENALTIES/LIEN
THIS CAUSE came before a public hearing before the Code Enforcement
Board of the City of Boynton Beach, Florida on February 21. 2007, aiter due notice to
the Respondent(s), at which time the Board heard testimony under oath, received
evidence, and issued its findings of fact and conclusions of law and thereupon issued
'Its oral order which was reduced to writing and furnished to the Respondent(s).
Said Order required the Respondent(s) to take certain corrective action by
the time certain, as more specifically set forth In that Order with a compliance date of
March 3, 2007.
Under oath, the Code Officer testified to the Board that the required
Page 1 of 2
Book21654/Page1092
Page 1 of 5
corrective action was not taken as ordered. This case did not compiy
Accordingly, II having been brought to the Board's attention that the
Respondent(s) did not comply with the Order dated 3/5/07, il is hereby ORDERED that
Respondent(s) pay to the City of Boynton Beach, Florida, a fine in the amount of five
hundred dollars ($500,OO) per day for the violation(s) that exist at 2007 S. Federal
!::h:':iL Boynton Beach, Florida, more fully described as:
HAPPY LANE BOYNTON E 30 FT OF L T 25, L T 26 & )I, INT IN PRIVATE 18 FT RD
L YG N OF & ADJ TO & N 10 FT OF S 1010 FR OF E Y, OF NE Yo L YGW OF SR 5
(LESS W 569.70 FT), according to the plat thereof as recorded in Plat Book 2 Page
159, of the Public Records of Palm Beach County, Florida.
peN: 08-43-45-33-02-000-0251
From March 3, 2007. which was the date previousiy set by the Board's order lor
compliance unlillhe date of compliance plus administrative costs in the amount of
$96.03 for each inspection totalling $384.12 for 4 inspections and $250.00 filing fee,
This Order can be recorded and shall constitute a lien against the above
described property pursuant to Chapter 162 of the Florida Statutes.
Ordered this Cott\ dayof.1YJ& n -' , 2007, at Boynton Beach,
Palm Beach County, Florida.
=yy~'~(~
Michele ostantlno
CHAIRPERSON
CODE ENFORCEMENT BOARD
CiTY OF BOYNTON BEACH
ATTEST:
{tOLl: m. ~
C' Y Clerk
c: File
FILED
APR 0 2 2007
CITY CLERK'S OFFICE
Page 2 of 2
Book21654/Page1093
Page 2 of 5
.
The City of Boynton Beach
Police Department
".4. CFA Acen.dJt~d uw Enfortt:rQmt Agency"
/00 E. BO)'TIton BtJ/Ir:i18ouJc~.rr1
BO)'flton Bueh, Flor/da 3]1/25.0310
Fhon~ (561) 74Z.6JO{l
Fu: (SG1) 742.6/85
G. Matthew Immlu, Chld'o' Poller:.
ScalI BIIUJ~ Code Complbwre Adm/lIb'tn/a,
Phone: (551) 74Z-6/2(}
FAX: (561) 741-6838
.
AFFIDAVIT OF NON-COMPLIANCE
DATE: 311912007
RE: 2007 S FEDERAL HWY
CASE#: 07-00000429
CITY OF BOYNTON BEACH, Petitioner VS
RALPH & ROSIE INC
2007 S FEDERAL HWY
BOYNTON BEACH, FL 334356906
!, ( ~ ~' . ), have had the violation, as described in the above-referenced Code
Compliance case, personally inspected or researched and find said violation, is NOT in
compliance with the Code of the City of Boynton Beac~,. 2007.
Affiant ;-......
STATE OF FLORIDA
COUNTY OF PALM BEACH, S5:
Personally appeared before me, the undersigned authority Scott Blasie, Code Compliance
Administrator and aclmowledged that he did execute the foregoing affidavit.
Swomtoandsubscribedbeforeasthis~dayof ,', ,,',' '.' 1 2007.
;,
Notary PublIC, State offlorida
.. - .. .
.'''n' ___....._"' _.......,
.") ,",UH''''''''''UlJ ~,...t-''''-.)'
Filed thlS_ day of
,2007
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Book21654/Page1094
Page 3 of 5
BEFORE THE CODE COMPLIANCE BOARD
OF THE CITY OF BOYNTON BEACH, FLORIDA
CASE NUMBER: 07-429
CITY OF BOYNTON BEACH,
FLORIDA
Petltloner,
vs,
CODE COMPLIANCE
BOARD ORDER
RALPH & ROSIE INC.
Respondent(s).
THIS MAnER came before the Code Compliance Board for hearing on the 21ST day of FEBRUARY, 2007
After considering the testimony and evidence the board finds:
1. Respondent(s) owns the Property, which is the subject of this Code Board proceeding
2. A violation or violations existing on the Property as set forth in the Notice of Violation is/are as follows:
PT3-lDR. CHAPTER 4 SEC,11, PT3,LDR.CH4. SEC 2.A.3.
3. The Respondent(s) has/have been properly provided with Notice of Hearing and appeared at Ihe
hearing.
It is therefore,
ORDERED AND ADJUDGED THAT
1. Respondent(s) shail correct the violation(s) by 3/3/07.
2 If the Respondent(s) will not comply with this Order, a fine in the amounl of $500.00
Page 1 of 2
Book21654/Page1095
Page 4 of 5
r
!
is imposed each day the violatlon(s) exist(s) past the date set for compliance or for each time the
violation(s} has/have been repeated plus administrative costs. Once a fine is certified, that Order shall
thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a
lien upon the property located at: 2007 S. FEDERAL HWY., BOYNTON BEACH, FL, and more particularily
describad as: HAPPY LANE BOYNTON E 30 FT OF LT 25, LT 26 & Y, INT IN PRIVATE 18 FT RD LYG N
OF & ADJ TO & N 10 FT OFS 1010 FR OF E y, OF NE Y. LYGW OF SR5 (LESS W 569,70 FT), according
to the plallhereof as recorded in Plat Book 2 Page 159, ofthe Public Records of Palm Beach County,
Florida.
PCN: 08-43-45,33-02-000-0251
3, Respondent(s) shall advise the Code Compliance Division within 24 hours after the viofation(s)
have/has been corrected, The Code Compliance Officer assigned to this case wlfi verify the status
of the vioiation(s),
ORDERED AND ADJUDGED after hearing at Boynton Beach, Florida,
IhiOltl-day Of~, 2007,
CODE COMPLIANCE BOARD
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the County aforesaid to take
acknowledgments, personelly appeared Michele Costantino Chairperson of the Code Compliance Board of the
City of Boynton Beach, Florida, to me known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the same. (;, 11. ~ . p
Witness my hand and seal In the County and State lasl aforesaid this S - day of /llffA.Jlr-' ,
2007.
A TrEST:
Q~/It,~
NOT MY PUBLIC
My Commission Expires
D
MAR 0 6 2007
CITY CLERK'S OFFICE
1"'1"
~~t
~~~
DIANE M. SPRINGER
MY COMMISSION #00310345
EXPIRES. OCT 21, 2007
80nded Ihrough 1.51 Slate Insurance
Page 2 of2
Book21654/Page1096
Page 5 of 5
11111 ijH11I III ij 111111111 II HIIII...II.
The City of Bovnton Beach
City Clerk',; uffice
IO() E BOYl\jON BEACH BLVD
BOYJ\TTON BL"CH FL :J34:l.S
(561) '42~6()6()
F1\.'>;: (561) 742~6()yo
e-mail: pr3initoj@ci.bo).ntonbeach.f1.lls
WWW.hoynlon-heach.mg
CFN 200'301~'143'3
DR BK 23243 PG 0382
RECORDED OS/21/2009 11:1'3:i3
Palm Beach County, Plorida
Sharon R, Bock,CLERK & COftPTROLLER
Pgs 0382 - 387; (6pgsl
CERTIFICATION
I, JUDITH A. PYLE, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached recorded lien #07-1992
(originally recorded on 12/03/2007) consisting offive (5) pages is a true and
correct copy as it appears in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 21st day of May 2009.
.. ,
.) " -.-----,~ / / .
. ~f. jC, ~J./ (; /J;,c(
/ .1
JUOITH A. PYLe.!
,I (/
DEPUTY CITY CLERK
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Anll!ricd 's GU(CH'Ll.l' to ,hl' (7u/1s1n'dll1
Ilti~rn~m~m~u~m3M~rnBMfiDI~fi
erN 20070542015
OR BK 22290 PG 1282
RECORDED 12/03/2007 10:08:53
Palm Beach County, Florida
Sharon R. BOak,CLERK & COMPTROLLER
Pga 1282 - 1286; 15pgal
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO, 07-1992
CITY OF BOYNTON BEACH,
Petitioner,
vs.
RALPH & ROSIE INC.
Respondent(s).
ORDER IMPOSING PENAL T1ES/lI EN
CEASE & DESIST
TH IS CAUSE came before a public hearing before the Code Enforcement
Board of the City of Boynton Beach, Florida on October 17, 2007, after due notice to
the Respondent(s), at which time the Board heard testimony under oath, received
evidence, and issued its findings of fact and conclusions of law and thereupon issued
its oral order which was reduced to writing and furnished to the Respondent(s),
Said Order required the Respondent(s) to take certain corrective action by
the lime certain, as more specifically set forth in that Order with a cease and desist of
October 27, 2007.
Under oath, the Code Offieer testified to the Board that the required
Page 1 of 2
Book22290/Pag e 1282
Page 1 of 5
corrective action was not taken as ordered. This case did not comply
Accordingly, it having been brought to the Board's attention that the
Respondent(s) did not comply with the Order dated 10/30107, it is hereby ORDERED
that Respondent(s) pay to the City of Boynton Beach, Flo(,da, a fine in the amount of
two hundred fifty dollars ($250.00) per occurance for 22 occurances for the
violation(s) that exist at 2007 S. Federal Hwv., Boynton Beach, Florida, more fully
described as:
HAPPY LANE BOYNTON E 30 FT OF LT 25, LT 26 & Yo INT IN PRIVATE 18 FT RD
L YG N OF & ADJ TO & N 10FT OF S 1010 FT OF E Yo OF NE % L YGW OF SR 5
(LESS W 569.70 FT), according to the plat thereof as recorded in Plat Book 2 Page
159 and Plat Book 21 Page 33, of the Public Records of Palm Beach County, Florida.
peN: 08-43-45-33-02-000-0251
FromOctober 27, 2007, which was the date previously set by the Board's order
for compliance until the date of compliance plus administrative costs in the amount of
$96.03 for each inspection totalling $2,112.66 for 22 inspections, $250.00 filing fee and
$150,00 attorney's fees,
This Order can be recorded and shall constitute a lien against the above
described property pursuant to Chapter 162 of the Florida Statutes.
Ordered this Cl'1 +h day of n f"{ , 2007, at Boynton Beach,
Palm Beach County, Fiorida,
vy\~l~.r~
Michele Costantino
CHAIRPERSON
CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
.~
cFile FILE'D
NOV 3 0 2007
em CL.ERK'S OFFice
Page 2 of :2
Book22290/Page1283
Page 2 of 5
The City of Boynton Beach
POLIOE DEPARTMENT
"A CFA AOCREDITED LA. W ENFORCEMENT
AGENOY~
100 E. BOYNTON BEAOH BOULEVARD
BO'YNTON BEACH, F'LORIDA 83425-0310
PHONE: (56.V 742-6100
FAX.. (561) 742-6185
G. .MATTHEW JM:MLER, CHJ:EP' OF POLIOE
SOOTT BLASIE, CODE CQMPLIANCEl
ADMINISTRATOR
PHONE: (S6:JJ 7;1S-61!/O
FAX: (56)) 742-8838
AFFIDAVIT OF NON-COMPLIANCE
CEASE AND DESIST
DATE: 11/19/07
RE: 2007 S FEDERAL HWY
CASE #
CITY OF BOYNTON BEACH, Petitioner VS
RALPH AND ROSIE INC
2007 S FEDERAL HWY
BOYNTON BEACH, FL 33435
I, ( ~:1, ), have had the violation, as described in the above- referenced Code
Compliance case, personally inspected or researched and fiod said violation, is NOT in compliance with
the Code of the City of Boynton Beach as of November 19, 2007.
Affiant
\.:s:
STATE OF FLORIDA
COUNTY OF P AIM BEACH, ss:
Personally appeared before me, the undersigned authority Scott Blasie. Code Compliance Administrator
and acknowledged that he did execute the foregoing affidavit.
Sworn to and subscribed before as this ;1( J day of ~
2007.
~A ~J:ud~f;;da
My Commission expires:
Filed this
day of
,2007
NOTARY PUllUC-STATE OF FLORIDA
"."'""" Diane M, Springer
, . i Commission #DD711070
\. ,./ EKpires: OCT, 21,2011
BoNDED TRiO ATIAN'IlC BONtlI1lG co..!No.
AMb'HICA '8 GATltlVA Y 1'0 'THE GULFSTREAM
Book22290/Page1284
Page 3 of 5
BEFORE THE CODE COMPLIANCE BOARD
OF THE CITY OF BOYNTON BEACH, FLORIDA
CASE NUMBER: 07-1992
CITY OF BOYNTON BEACH,
FLORIDA
Petitioner,
vs.
CODE COMPLIANCE
CEASE & DESIST BOARD ORDER
RALPH & ROSIE INC.
Respondent(s).
THIS MATTER came before the Code Compliance Board for hearing on the 17'" day of OCTOBER 2007.
After considering the testimony and evidence the board finds:
Respondent(s) owns the Property, which is the sUbject of this Code Board proceeding.
2. A violation or violations existing on the Properly as set forth in the Notice of Violation is/are as follows'
LDR CH 20 ART I SEC 8 F13, CH21 ART 11. SECTION 3.
3. The Respondent(s) has/have been properly prov\ded with Notice of Hearing and appeared at the
hearing.
ft IS the ref Ole,
ORDERED AND ADJUDGED THAT'
1. Respondent(s) shall Cease and Desist the violation(s) by 10127107
2. If the RespondenHs) will not comply with this Order, a fine in the amount of $250.00 is imposed
Page J uf2
Book22290/Page1285
Page 4 of 5
for each time the violation(s) haslhave been repeated plus administrative costs. Once a fine is certified, that
Order shall thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall
constitute a lien upon Ihe property located at: 2007 S. FEDERAL HWY" BOYNTON BEACH, FLORIDA, and
more particularly described as: HAPPY LANE BOYNTON E 30 FT OF L T 25, L T 26 & Y, INT IN PRiVATE
18 FT RD LYG N OF & ADJ TO & N 10 FT OF S 1010 FT OF E Y, OF NE IH YGW OF SR 5 (LESS W
569.70 FT), according to the pial thereof as recorded in Plat Book 2, Page 159 and Plat Book 21 Page 33
of the Public Records of Palm Beach County, Florida.
PCN: 08-43-45-33-02-000-0251
3, Respondent(s) shall advise the Code Compliance Division within 24 hours after the violation(s)
have/has been corrected. The Code Compliance Officer assigned to fh;s case will 'Verify the status
of the vlolation(s).
ORDERED AND ADJUaGED after hearing at Boynton Beach, Florida,
this '(;,(1' day of ~ ,2007.
Richard Yerzy, First Vice
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the eounty aforesaid 10 take
acknowledgments, personally appeared Richard Yerzv, First Vice Co.-Chairperson of the Code Compliance
Board of the City of Boynton Beach, Florida, to me known to be the person described in and who execuled the
foregoing instrument and he acknowiedged before me that he executed the same. / /J
Witness my hand and seal in the County and Stale last aforesaid this '<,r\ > day of ()~
2007.
A TrEST:
N&~~~ .~A~
Yn.P~
FILED
OCi 3 G 2007
CITY CLERK'S OFFICE
My Commission Expires
NOTARY PUBUC.sTATE OF FLORIDA
l""""" Diane M. Springer
i ~ koll1ll\iaBion #DD711070
\,,"",/ Expires: OCT. 21, 2011
BO:iUI:O'llUIU ATI..UmC IlONPINlJ co., me.
Page2of2
Book22290/Page1286
Page 5 of 5
111111111111111 ~IIIIII.II B~n 1I1i11111
The City of Bovnton Beach
City Clerk's CJftiee
100 E BOYC'ITON BEACH lJL\'[)
BOTh iON BEACH 1'L :n4:c.l
(561) 742-6060
FA-X: (561) ~42-60go
e-mail: prainitujlglci.boyntonlwach.fl.us
WW\\ .buynlon~beuch.org
':~PN 2,JO'301.':' 14.38
OR BK 23~43 PG 037b
RECORDED OS/21/200S 11:t9:13
Palm Beach County, Plorida
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 0376 - 381; (6pgs'
CERTIFICATION
I, JUDITH A. PYLE, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached recorded lien #07-1992
(originally recorded on 02/04/2008) consisting of five (5) pages is a true and
correct copy as it appears in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 21st day of May 2009.
1 ~-"..
I --~_. ...., "'/
I'" i ;, , I ~ -, r I
--,,--:'{,_',-_ (L\. 'L- It.. t. '( i ,'Ct__
/ n
JU))ITH A. PYLE
DEPUTY CITY CLERK
(SEAL)
sz :/)!1lf 9Z,:tIHG~
Y;I '(':H'/".(.'("'l.'I/UIIII'lIS u'rfllJi ullrJlI- lien ;t!1 ';,"1,,/1,(
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1~~mMmlw~m~DM~nWIIVIIR
CFN 20080041548
OR BK 22420 ?G 1021
RgCORDgD 02/04/2008 15:32:24
. Palm Beach County,. Florida
Sharon R. Bock,CLERK & CO"PTROLLER
Pgs 1021 - 1025, l5pgs)
eOOE eOMPLlANeE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 07-1992
CITY OF BOYNTON BEACH,
Petitioner,
VB.
RALPH & ROSIE INC,
Respondent(s).
/
ORDER IMPOSING PENALTIES/LIEN
CEASE & DESIST
THIS CAUSE came before a public hearing before the Code Enforcement
Board of the City of Boynton Beach, Florida on October 17, 2007, after due notice to
the Respondent(s), at which time the Board heard testimony under oath, received
evidence, and issued its findings of fact and conciusions of law and thereupon issued
its oral order which was reduced to writing and furnished to the Respondent(s).
Said Order required the Respondent(s) 10 lake certain corrective action by
the time certain, as more specifically set forth In that Order with a cease and desist of
October 27, 2007.
Under oath, the Code Officer testified to the Board that the required
Page 1 of 2
Book22420/Page1021
Page 1 of 5
corrective action was not taken as ordered. This case did not comply.
Acccrdingly, it having been brought to the Board's attention that the
Respondent(s) did not comply with the Order dated 10/30/07, it is hereby ORDERED
that Respondent(s) pay to the City of Boynton Beach, Florida, a fine In the amount of
two hundred fifty dollars ($250.00) per occurance for 30 occurances for the
violetion(s) that exist at 2007 S. Federal Hwv.. Boynton Beach, Florida, more fully
described as:
HAPPY LANE BOYNTON E 30 FT OF LT 25, LT 26 & Yo INT IN PRIVATE 18 FT RD
L YG N OF & ADJ TO & N 10FT OF S 1010 FT OF E 1, OF NE % L YGW OF SR 5
(LESS W 569.70 FT), according to the platlhereof as recorded in Plat Book 2 Page
159 and Plat Book 21 Page 33, of the Public Records of Palm Beach County, Florida.
peN: 08-43-45-33-02-000-0251
From October 27,2007, which was the date previously set by the Board's order
for compliance until the date of compliance plus administrative costs in the amount of
$96.03 for each inspection totalling $3,072.96 for 32 inspections, $250.00 filing fee and
$650.00 atlorney's fees.
This Order can be recorded and shall constitute a lien against the above
described property pursuant to Chapter 162 of the Florida Statutes.
Ordered this ~ day of ~"Y' ' 20cta at Boynton Beach,
Palm Beach County, Florida.
jY)~ QOO~~
Michele Costantino
CHAIRPERSON
CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
ATTEST:
~
FILED
JAN 0 7 ZOOS
CITY CLERK'S OFFICE
Page 2 of 2
Book22420/Page1022
Page 2 of 5
The City of Boynton Beach
POLIOE DEPARTMENT
"A CFA ACOREDITED LA.1V ENFOROBMENT
A.GENCY~
)00 E. BOyNTON BEACH BOU[,EVARD
BOYNTON BEACH. FLORiDA .9.'142$-0310
PHONE: (,'$61) 742-6100
PAX: (56]) 74[!~6185
G. MA'EI'IIEW' IMMLER. OHIJj]Ji' OF POLICE
SCOT'I'Bl~ASlE. CODE ODMPT"IANOm"
ADMINISTRATOR
PHONE: (56}) 742-6130
FAX: (561) 742.6888
AFFIDAVIT OF NON-COMPLIANCE
CEASE AND DESIST
DATE: \2/19/07
RE: 2007 S FEDERAL HWY
CASE #: 07-0001992
CITY OF BOYNTON BEACH, Petitioner VS
RALPH AND ROSIE INC
2007 S FEDERAL HWY
BOYNTON BEACH, FL 33435
1, ( < 'S ' ), have had the violation, as described in the above- referenced Code
Compliance ease,.personalty inspected or researched and find said violation, is NOT in compliance witb
the Code ofthe City of Boynton Beach as of December 19, Z007;
J
Affiant ( ~ -.
STATE OF FLORIDA
COUNTY OF PALM BEACH, ss:
Personally appeared before me, tbe undersigned authority Scott Blasie, Code COIIlpliance Administrator
and acknowledged that he did execute the foregoing affidavit, ... f
Swom to and subscribed before as this / q day of ~ 2007.
~\
Notary Public, State of Florida
My Commission expires:
Filed this
J Cf day of lJe.a.~ , 2007
NOTARY PUllLIC
""""". .STATEOFFLORlDA
{.~lJ$.\ Tanya Guim
\'%'9'/COIlll!11'~oD #DD6238D2
>>0';;;<"" EXPires: DEC. 20,2010
b TIiRb' ATLAh'11~BQNDmG CQ.,nvc,
AMERICA '8 GATEW,1 Y TO THE GTlLPF,TRliJAM
Book22420/Page1023
Page 3 of 5
BEFORE THE CODE COMPLIANCE BOARD
OF THE CITY OF BOYNTON BEACH, FLORIDA
CASE NUMBER: 07-1992
CITY OF BOYNTON BEACH,
FLORIDA
Petitioner,
vs.
CODE COMPLIANCE
CEASE & DESIST BOARD ORDER
RALPH & ROSIE INC.
Respondent(s).
I
THIS MATTER came before the Code Compllanca Board for hearing on the 17TH day of OCTOBER 2007.
After considering the testimony and evidenca the board finds:
1. Respondent(s) owns the Prqperty, which Is the subJect of this Code Board proceeding,
2, A violation or violations existIng Dn the Property as set forth in the NotJce of Violation .Isiare as follows:
LOR CH20 ART I SEC 8 F13, CH21 ART II, SECTiON 3,
3, The Respondent(s) has/have been properiy provided with Notice of Hearing and appeared at the
hearing.
It is therefore,
ORDERED AND ADJUDGED THAT:
1. Respondent(s) shall Cease and Desist the vlolation(s) by 10127/07.
2. if the Respondent(s) will not comply with this Order, a fine In the amount of $250.00 is imposed
Page 1 of2
Book22420/Page1024
Page 4 of 5
lor each time the vlolalion(s) has/have been repeated plus admlnJslrative costs. qnce a fine is certified, that
Order shalllhereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall
constitute a lien upon the property loealed at: 2007 S~ FEDERAL HWY., BOYNTON BE.A.CH,. FLORIDA, and
more particularly descnbed as: HAPPY LANE BOYNTON E 30 FT OF L T 25, LT 26 & Y, INT IN PRIVATE
1B FT RO LYG N OF & ADJ TO & N 10 FTOF S 1010 FT OF E Y,OFNE IHYGW OF SR 5 (LESS W
569.70 FT), ac:cordlnglo the plat thereof as recorded In Plat Book 2, Page 109 and Pial Book 21 Page 33
of the Public Records of Palm Beach County, Florida.
peN: OB-4345.33-02-00(l.()251
3. Respondent(s) shall advise the Code Compllance Division within 24 hours after the vlofat/on(s)
have/has been cOr!ected. The Code Compliance Officer assigned '0 'his case wilf verify the status
orthe violat/on(s).
ORDERE~:O AND ADJU&GgD after hearing at Boynton Beach, FlorIda,
this },(J' deyof ~ J ,2007,
STATE'OF FLORIDA
COUNTY OF PALM BEACH
r HEREBY CERTIFY that on this day, before me, enoffjoer duly authorized in the Countyaforesal9 to t?lke
acknowledgments. personally appeared-Richard Yarzv First Vice Co-ChaIrperson of the Code Compliance
Board of the City of Boynton Baact1, FJ~rlda, to me known to be the person descrIbed in and who executed the
foregoing instrument and he acknowledged bef?re me .1hat he executed the 5l3me. ~
Witness my hand and seal In the County and Stale last aforesaid thIs '<.0 ~ day of I)
2007.
ATTEST:
~AO~A ~~
NOTARY PUBLIC
A'
FILED
OCT 3 0 2007
CITY CLERK'S OFFICE
My Commission Exp~s
NOTARY PUBUC-STATR OP f'LORIDA
/.""~ DIIlIl. M. Springer
1~ CoIllllllsBl"UDD7I1070
"....", Exp1m: OCT. 21, 2011
SD:fl.l!Il nDlD' ATt.UI1'lC BONllD'iO ca, me
PlIge20f2
STATE OF FLORIDA, PALM BEACH COUNTY
I hor.by "rilly !halth.
foregoing Is a true copy
;" '2.arflh':7)rd~Olflce.
, THIs'.....2..DAY OF GG ,20ffi
. SHARON ~ BOCK
K &,c0 OLlER
By
Book22420/Page1025
Page 5 of 5
e
CITY OF BOYNTON BEACH XII. - LEGAL
ITEM E.2
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Date Final Fonn Must be Date Final Form Must be
Meetino Dates in to Cit" Clerk's Office Turned in to Leoal Turned in to Procurement
0 Sentember 1, 2009 Auoust 17, 2009 Awru't 12,2009 Auoust 10, 2009
1)(1 Sentember 14, 2009 Auoust 31, 2009 AWillst 26, 2009 Auoust 24, 2009
-IT
0
NATURE OF
AGENDA ITEM
AnnouncementsIPresentations
RECOMMENDATION: Conduct impasse hearing to resolve Wage Article of Collective Bargaining
Agreement for fiscal year 2009-10.
EXPLANATION: The current Collective Bargaining Agreements between the City and the PBA
concerning the three police bargaining units (Patrol, Sergeants, and Lieutenants) do not expire until
September 3, 2010, Each of those Agreements contains the following language which allows for re-
opened negotiations of the Wage Article.
In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which
will alter or affect the flow of revenue to the City during the term of this agreement, the wage/rate of pay
articles of the Agreement may, at the written request of the City, be reopened for negotiations.
Reopened negotiations shall commence and be concluded within forty-five (45) calendar days of the date
the City gives written notice to the PBA ofthe City's request to reopen negotiations. If an agreement is
not reached within forty-five (45) calendar days, the negotiations shall be deemed at impasse and the
impasse issue shall be submitted to the City Commission at the second Commission meeting following
the expiration of the forty-five (45) days. The City and the PBA waive the appointment of as special
magistrate to resolve the impasse and agree that the City Commission shall resolve the impasse issues in
accordance with the provisions of 447.403 Florida Statutes.
During the negotiations and the impasse process, if any, the base wages of bargaining unit employees
will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent
base wage increases will occur except as thereafter negotiated by the City and the PBA, or, in the event
the reopened negotiations do not result in a ratified agreement, as imposed by the City Commission
through the impasse process.
The City provided notice to the PBA on May 15, 2009 and re-opened bargaining commenced on June
23,2009, but no agreement regarding adjustment of wages has yet been reached. Since no agreement has
been reached, the City Commission must resolve the wage issue in accordance with the above referenced
provision of the Collective Bargaining Agreement.
C:\Documents and Settings\lavernerel\Local Settings\Temporary Internet Files\OLK5B\Agenda Item Request - Sep 142009 (PBA Impasse) SA Draft 2
(3).doc
<<It
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The role of the Commission at this point is to:
I. Conduct a public hearing at which the City Manager and a PBA representative shall be required
to explain their positions regarding wages for Fiscal Year 2009-10.
2. Take such action as the City Commission deems to be in the public interest, including the interest
of the employees involved, to resolve the disputed impasse issue.
PROGRAM IMPACT: Modification of wages is not expected to impact the services provided by the
Police Department.
FISCAL IMPACT: The recommended budget for Fiscal Year 2009-10 is based on a wage freeze for
all City employees. The additional budgeted appropriation required to fund the current wage requirement
of the Collective Bargaining Agreement of the PBA concerning the three police bargaining units (Patrol.
Sergeants, and Lieutenants) for Fiscal Year 2009-10, but excluding a 2% cost of living adjustment
(COLA) can be estimated under the following assumptions.
$ 0
$ 247.000
$ 247,000
$ 19,000
$ 74.000
$ 340.000
2% cost of living adjustment effective October I. 2009 will not be given
4.63% average merit/step increase effective April 1, 2010 (equal to current year)
Total Fiscal Year 2009-10 wage increase
Additional Social Security and Medicare taxes
Increased Pension Costs determined as a percentage of payroll
Total Fiscal Year 2009-10 added budget required
The above does not include the added budget requirements for all other City employees. The impact for
all employees if consistently applied to the above is $1,130,000 of which $840,000 will have an impact
on the General Fund, (Both amounts include the $340,000 and assume that the COLA will not be given
to any City employees)
AL TERNA TIVES: Direct the City Manager to withdraw the request for re-opener and maintain the
contract status quo for the tinal year of the Collective Bargaining Agreement. This alternative will
require that the City Commission appropriate an additional $1,130,000 for a personnel services increase
over the current level of personnel services plus additional amounts for similar increases of other City
employees. The Commission will need to identify a source of funds for the appropriation.
'<.j
.-!
-
j i.. _ .... _.~-
. 7-"1 L- -'--....."._--~--
_~,...,-x..!I.
.tYManager's Signatur~,
to Ci Mana;er~ .Il.- ,"
/\_^ Ji . /jt71,.,~~ "-
, )t__'>.: "(',-"'l-' ,~~,
ttorney / Finance
City Attorney
Department Head's Signature
Department Name
C:\Documents and Settings\Javcrrierel\Local Settings\Temporary Intcrnet Files\OLK5J3\A.genda Item Request - Sep 142009 (PH A Impasse) BA Draft 2
(3j.doc
~UG,31.2009 3:56PM
PYlllt'1\H'&IABOIl1d.
lo1ullWal\lla1l
PBSO
I'tuIMnt
BmeolW, Oealp
Retlrocl-WPllPD
Eueollw D/N<IO/'
Rld1.W McAfee
PBSO
Vi"..P,.1Ident
Lou PcIIq1Ic
WPBPD
n-.,.,.
VinCOIIt OIly
PeIny IIeIOb I'D
S.otfftU'Y
Reber! Odoll
Palm .llOlllll 0mleaI PI)
$".-rtM_
NO, 691
P.
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION, INC.
2100 N.l'kldlIl MaDao RollI' _ Palm BCIIlh. PI. 3~' (561) 689-3745' (561) 617-0154 Fu
........~....
August 31, 2009
Sent by Facsimile: (561) 742-6011
And Reaular U.S. ..U
Kurt Bl8I8ner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33436
Re: City of Boynton E\each and PBA
('Wagelnrte of pay" Reopeners)
Dear Mr. Bressner:
A.s you know, this organiZatlon Is the sta18 certified exclusive
coUective bargBlnlng Atpresentative for v1rtuaDy eU of the sworn law
enforcement personnel In your Police Department; subject of thm (3)
leparate Agreemenlll with the CIty (for police olfIcel'$ and detectives,
sergeants, and for lieutenants, respectively). Aa )Iou know, 1110,
pursuant to Ident/osl provisions In each Agreement, the City reopened
for negotiations "the wage/rat8 of pay" ar1icles In liD 3 Agreements.
Notwithstanding the Atlat1vely abbreviated window for "negotiations"
$8fabJ/ahed by each of the 3 identical provJ&lone, thle office agreed wtth
Chief Immler to an extension of time In order to more fully explore the
prosped$ for a negotlatad resolution. The expanded IItIl..rUAfne for
negotiations. however, cannot expand the nalTOW scope or said
negotiations. Therefore, the CIty's proposed reduction In the number of
vacation days, among other things, 18 beyond 1ho8e mlltters spec/f/cally
Identified as "reopened for negotiations,"
Consistent with our commitment to the Agreemflnlll, the PeA is
ready and willing to work cooperatively with the City in thee dlft1cult
tImes. AccordIngly, the PBA will aooept the pay freeze acrosa-the-board
proposed by the City, and discu$8ed at the outaet of negotlirtlonl; albeit,
for six (8) months, until April 1. 2010. By clelaylng any Increase to
"wage/rate of pay" for all 3 bargaining unilB members, the City will save
nearly $400,000, Said savings, together with the federal grant monies
for police salaries, de18rAtd comp/etlon of the new Pollee facility, and the
Increased millage rate, should permit reanimation of the Parties'
The Voice of Palm Beach County '. Law Ellforr;emUlt
AUG, 31. 2009 3: 56PM
NO. 69 i
p
negotiated PlY plans after the 6 montha, to their Aprll 1, 2010 levels.
Thereafter, the Parties will be In pC8ltlon to convene collective
bargaining negotiations towards SUCC8880r Agreements.
To the extent that any tentative Agreements to the aforementioned
pay "freezes- will require ratification votes by each bargaining unit and
the City CommlAlon, further de. are In neither PartY. lnWreat.
Accordingly, we request your consideration of the foregoing offer at the
earliest possible convenience.
Should you have any questions or concerns about the PBA'.
proposal, pleallQ do not heslt8te to Qd me.
GUam
Co: John KazanJian, Preeldent
Matthew Immler, Chief of Police
Toby Athol, PBA Rep
Frank Ranz\e, PBA Rep
Kelly Han1s. PBA Rap
Craig Anthony, PBA Rep