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Agenda 04-06-10 Searchable ,.... \ The City of Boynton Beach 1 00 E. B 0 y"n ton Be a c h B 0 u I e va rd. (56 1) 742 - 6 0 0 0 TUESDAY, APRIL 6, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor - At Large (' Woodrow Hay Vice Mayor - District II William Orlove Commissioner - District I Steven Holzman Commissioner - District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney DISTRI T I Janet M. Prainito City Clerk Visit our Web site www.boynton-beach.org We're Reinventing City Living for The Millennium r' WELCOME Thank you for attending the City Commission Meeting ,.... ~ ,~ GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. (' · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes · Regular Agenda Items: Any citizen may speak on any official agenda item( s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. r 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). 20f735 1. OPENINGS (' A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informatio"nal Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the upcoming Ocean Avenue Concert. B. Announce the musical performance, "A Tribute to Neil Diamond Featuring Neil Zirconia - The Ultimate Faux Diamond. r c. Present a Proclamation for Arbor Day - April 28, 2010. D. Present a Proclamation for Water Conservation Month -- April, 2010. E. Present a Proclamation for Water Reuse Week -- May 10-16, 2010 F. Present a Proclamation to the Boynton Beach Police Department Communications Section commemorating National Telecommunicator's Week -- April 11-17, 2010. G. Present a Proclamation celebrating National Library Week -- April 11-17, 2010. H. Present a Proclamation celebrating Earth Day on April 22, 2009 and Earth Week April 19-25,2010. I. Announce the Palm Beach International Film Festival outdoor screening 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the d iscretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) ,- 30f735 - - 5. ADMINISTRATIVE (' A. Accept the resignation of Jeff Lis, a regular member of the Planning and Development Board. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. C. PROPOSED RESOLUTION NO. R10-033 -- Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. D. PROPOSED RESOLUTION NO. R10-034 -- Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. E. PROPOSED RESOLUTION NO. R10-035 -- Appoint a City Commission representative and appoint all City Commission members and the City Manager as alternate representatives to the Palm Beach County League of Cities. F. PROPOSED RESOLUTION NO. R10-036 -- Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) CONSENT AGENDA 6. r 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. Approve the Minutes from the City Commission meetings held on March 2, 2010 and March 16,2010. B. Accept the Budget Status Report of the General Fund and the Utility Fund Revenues and Expenditures for the five (5) month period ended February 28,2010. C. PROPOSED RESOLUTION R10-037 -- Adopt the Palm Beach County Unified Local Mitigation Strategy (LMS) Plan. D. PROPOSED RESOLUTION NO. R10-038 -- Approve an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire Assessment Program for FY 2010-2011 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,000 should they become necessary. ~ ~ E. PROPOSED RESOLUTION No. R10-039 -- Approve the Non-Profit Developer Agreement between the City of Boynton Beach and (1) The Boynton Beach Faith- Based Community Development Corporation, together with (2) R. M. Lee Community Development Center, Inc. (COCs), to act as developer under the City of Boynton Beach's Neighborhood Stabilization Program (NSP). 40f735 r (' .......... \ F. PROPOSED RESOLUTION NO. R10-040 -- Ratify the SEIU Florida Public Services Union White Collar FY 2009/2010 Collective Bargaining Agreement. G. PROPOSED RESOLUTION NO. R10-041-- Ratify the SEIU Florida Public Services Union Blue Collar FY 2009/2010 Collective Bargaining Agreement. H. PROPOSED RESOLUTION NO. R10-042 -- Approve Addendum #1 to Lease Agreement between the City of Boynton Beach and the Boynton Beach Child Care Center, Inc. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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. Approve the First Reading of an ordinance abandoning a portion of SE 1 st Avenue between SE 4th Street and the FEC Railroad. (The expeditious placement of this item before the Commission will allow for the concurrent review of Second Reading and the corresponding site plan application on April 20, 2010) (1st READING PROPOSED ORDINANCE 10-007) 10. CITY MANAGER'S REPORT A. Accept the final report from the Green Community Alliance as an informational item. B. Accept report and presentation from CDM for the City of Boynton Beach Greenhouse Gas Emission Inventory. C. Authorize staff to prepare ordinance or resolution to create a financial advisory committee to assist with budget and financial stability recommendations. 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to April 20, 2010) 5of735 --- -- --- --. B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 20, 2010) 1-'" , C. Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (Tabled to April 20, 2010) D. Boynton Vista II, SPTE 10-004, located at 419 South Circle Drive. Request approval for a one (1) year site plan time extension for major site plan modification (MSPM 07- 004) approved on May 20, 2008, from November 20, 2009 to November 20, 2010. (Tabled to April 20, 2010) E. Consideration of a MOU with the SEIU FPSU White Collar bargaining unit requiring monetary benefits paid to bargaining unit members under the status quo since 10/1/ 09 until current will not be recouped by payroll adjustment deduction. (April 20, 2010) F. CRA Agreement to Fund Museum Renovations: The Department of Housing and Urban Development has awarded the Boynton Beach Community Redevelopment Agency (CRA) a $294,000 Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052. The Boynton Beach CRA will use these funds to help the City make renovations to the 1913 Schoolhouse Children's Museum and Learning Center. (April 20, 2010) (' G. Review of City of Boynton Beach Climate Action Plan First Draft: Consultant COM will give presentation on first draft of the comprehensive Climate Action Plan to advance the city's energy conservation and sustainability goals. (April 20, 2010) H. Capital Improvement Status Report - Initial City Commission review of 2010-2011 Capital Improvement Budget (General and Utilities) and Five-Year Capital Improvement Plan. (TBA) I. Police Complex - Discussion of project timing, scope, location and funding alternatives available. (TBA) 12. NEW BUSINESS A. Request for Commission to conduct a preliminary review of a potential amendment to the Land Development Regulations intended to appropriately group and regulate uses categorized under the heading "Indoor Athletic InstructionlTraining", to maximize the consistent and uniform treatment within the M-1 and PID zoning districts, and provide staff with desired direction. 13. LEGAL None 14. UNFINISHED BUSINESS r None 60f735 15. ADJOURNMENT r NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HEISHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561) 742-6013 AT LEAST 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON (' THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. r 7 of 735 --- - r 3.A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT [gI ANNOUNCEMENTS/PRESENTATIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announce the upcoming Ocean Avenue Concert. (' EXPLANATION OF REQUEST: On Friday, April 16, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Ocean A venue Concert, featuring CRICKLEWOOD. This FREE concert will take place from 6:00 PM to 9:00 PM at the Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs and be prepared to dance the night away. Parking is available nearby, no pets please. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: eRA Budget - line item 02-58500-480 ALTERNATIVES: r 80f735 --- - - - -- - . (' 3.B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 ~YO'" ({\ ~-:-- \ . :r eo ....... )lJ ~ ~~ ...~.ON (:\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT ~ ANNOUNCEMENTS/PRESENTATIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announce the musical performance, "A Tribute to Neil Diamond Featuring Neil Zirconia - The Ultimate Faux Diamond. (' EXPLANATION OF REQUEST: The Boynton Beach Recreation and Parks Department is presenting a sparkling performance by Neil Zirconia - The Ultimate Faux Diamond. The performance will take your breath away when Neil Zirconia takes the stage of the Boynton Beach Civic Center and dazzles listeners with the performance and songs of Neil Diamond. This event takes place on Wednesday, April 17 at 7:00 p.m. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: The fee is $15.00 in advance and $20.00 at the door. The event is co- sponsored by Humana Market/Point and the Boynton Beach Civic and Senior Centers. Proceeds benefit the Boynton Beach Recreation and Parks Department senior programs. Tickets can be purchased at the Boynton Beach Civic Center, the Senior Center or the Intracoastal Park clubhouse. ALTERNATIVES: ( 90f735 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 .-<.:.... .'- j;J .~ 1\ ~(' j~ " ~ .\ ~-.J _,,,,/ <.::. ~." ; }.: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT ~ ANNOUNCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation for Arbor Day - April 28, 2010. EXPLANATION OF REQUEST: The idea for Arbor Day originally came from Nebraska. On January 4, 1872, J. Sterling Morton first proposed a tree-planting holiday to be called "Arbor Day" at a meeting of the State Board of Agriculture. The date was set for April 10, 1872. Prizes were offered to counties and individuals for planting properly the largest number of trees on that day. It was estimated that more than one million trees were planted in Nebraska on the first Arbor Day. During the 1870's, other states passed legislation to observe Arbor Day and the tradition began in schools nationwide in 1882. National Arbor Day is celebrated on the last Friday in April. On April 28, 2010 at 9:00 a.m. City staff along with the school children from St. Marks will be planting various trees at Jaycee Park to celebrate Arbor Day. It has been a tradition for the City to celebrate Arbor Day. This Proclamation is an important element in commemorating the day. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Proclamation will heighten public awareness of the importance of planting and maintaining trees. FISCAL IMPACT: Seven (7) Gumbo Limbo Trees, Three (3) Pidgeon Plum Trees, Three (3) Strangler Fig Trees, and Ten (10) Sabal Palms will be planted by school children and contractor. Cost: $4,185 from Parks Account #302-4299-580-63-10, Project CP0632 ALTERNATIVES: Not approve Proclamation 100f735 {]lrocCamation WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 28, 2010 as: ARBOR DAY in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well- being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 6th day of April in the Year 2010. Jose Rodriguez, Mayor City of Boynton Beach ArrEST: City Clerk (Corporate Seal) 110f735 3.0 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT [8J ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF D ADMINISTRA TIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation for Water Conservation Month- April, 2010. EXPLANATION OF REQUEST: Ten years ago, the Florida Section of American Water Works Association declared the month of April as Water Conservation Month. The state has experienced tremendous growth in population and tourism and typically experiences drought- like conditions during the spring of the year. Therefore, April was set aside to educate citizens about how they can help save Florida's precious water resources. This Proclamation was requested by the South Florida Water Management district. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise public awareness for the need for water conservation. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation. 120f735 Proclamation Water Conservation Month WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida's environment, economy and quality of life; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality oflife and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, South Florida residents consume 179 gallons per person, per day - the highest water usage in the state; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons of water saved, while the cost of constructing alternative water supply facilities can range from $5 to $7 per 1,000 gallons of water created; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources; Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of April 2010 as: Water Conservation Month and urge all citizens to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. In witness whereof, I have hereunto set my hand and caused the Seal ofthe City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, Two Thousand Ten. 13 of735 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT [gI AN NOU NCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation for Water Reuse Week - May 10- 16,2010 EXPLANATION OF REQUEST: Water reuse is critical for South Florida to maintain both a vibrant natural environment and viable public water supply. Given the lingering impacts of a severe multi-year water shortage, it is more important than ever for communities to be reminded that conservation and reuse can ease the pain of water shortage and help protect vital water resources for the environment and future generations of South Floridians. The South Florida Water Management District has requested this Proclamation. The District's goal is to have the largest number of Water Conservation Month and Water Reuse Week proclamations in the State, which they will present to the governor at a special ceremony during the April Cabinet meeting. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise public awareness of the role of reused water in helping to conserve potable water. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation. 140f735 Proclamation Water Reuse WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes, and WHEREAS, Florida's permitted reuse capacity exceeds 1.4 billion gallons per day (over 58 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, the City of Boynton Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Boynton Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water; Now, therefore, I, Jerry Taylor, by virtue ofthe authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 10-16, 2010, as: Water Reuse Week and urge each citizen and business to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, Two Thousand Ten. 150f735 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT I2J ANNOUNcEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation to the Boynton Beach Police Department Communications Section commemorating National T elecommunicator's Week - April 11- 17,2010. EXPLANATION OF REQUEST: Public safety dispatchers are the first and most critical contact our citizens have with emergency services. They provide the vital link to our police officers and firefighter paramedics and coordinate the response of emergency service personnel to critical incident scenes throughout the city. Our telecommunicators have displayed professionalism, compassion and understanding in dealing with the many citizens who call in acute distress and have contributed substantially to apprehension of criminals, suppression of fires and treatment of medical patients. Our police officers and firefighter paramedics rely on the accuracy of the information they receive from our telecommunicators in order to safely respond and provide services. It is appropriate to honor the work of our telecommunicators with a resolution from the city commission. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Increased morale in our Communications Section. FISCAL IMPACT: None. ALTERNATIVES: None. 160f735 NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK APRIL 11th -17t\ 2010 National Telecommunicator's Week April 11 -- 17, 1998 Whereas emergencies can occur at anytime that require police, fire or emergency medical services; And Whereas when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; And Whereas the safety of our police officers, and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Boynton Beach Emergency Communications Center; And Whereas Public Safety Dispatchers are the first and most critical contact our citizens have with emergency servIces; And Whereas Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; And Whereas Public Safety Dispatchers of the Boynton Beach Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; And Whereas each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Therefore Be It Resolved that the City Council of Boynton Beach proclaims the week of April 11 th through 17th, 2010 to be National Te1ecommunicator's Week in Boynton Beach, in honor ofthe men and women whose diligence and professionalism keep our city and citizens safe. Signed this 6th day of April, 2010 Mayor Boynton Beach City Council 170f735 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT ~ ANNOUNCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation celebrating National Library Week - April 11-17, 2010. EXPLANATION OF REQUEST: National Library Week is held each year throughout the United States to remind communities that libraries everywhere play a vital role in supporting the quality of life in their communities and to encourage everyone to use their local libraries. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise public awareness that our own Boynton Beach City Library is here to serve as a crucial technology hub for people in need of free Web access, computer training, and assistance finding job resources; a place for opportunity, education, self-help and lifelong learning. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation. 180f735 PROCLAMATION WHEREAS, libraries everywhere playa vital role in supporting the quality of life in their communities; WHEREAS, our nation's school, academic, public and special libraries make a difference in the lives of millions of Americans, today, more than ever; WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find and interpret the information they need to live, learn and work in a challenging economy; WHEREAS, libraries serve as crucial technology hubs for people in need of free Web access, computer training, and assistance finding job resources; WHEREAS, libraries are part of the American Dream - places for opportunity, education, self-help and lifelong learning; WHEREAS, library use is up nationwide among all types of library users, continuing a decade-long trend; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week; NOW, THEREFORE, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim April 11-17, 2010 as National Library Week and I encourage all residents to visit the Boynton Beach City Library this week to take advantage of the wonderful library resources available at your library. Communities thrive at your library. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach to be affixed at Boynton Beach, Florida, the 6th day of April, 2010. Jose Rodriguez, Mayor City of Boynton Beach ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 190f735 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT ~ ANNOUNCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMIN ISTRA TIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation celebrating Earth Day on April 22, 2009 and Earth Week April 19-25, 2010. EXPLANATION OF REQUEST: The first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation's natural resources. April 22, 2010 marks the fortieth anniversary of Earth Day. This unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise public awareness about Earth Day and our need to take a proactive role in shaping the future of our environment and protecting our natural resources. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation. 200f735 PROCLAMA TION Whereas, the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation's natural resources; and Whereas, April 22, 2010 marks the fortieth anniversary of Earth Day, this unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event; and Whereas, it is the responsibility of each of us to safeguard the environment, by recognizing that all human life depends upon the Earth and upon one another for our mutual existence, well-being and development. We all deserve clean air, clean water and a healthy ecosystem; and Whereas, the steps we can take to protect and preserve our natural environment through education, partnerships and positive actions should be encouraged in the City of Boynton Beach; and Whereas, the citizens of Boynton Beach are committed not only to the protection and preservation of our environment, but also to the restoration of ecosystems and habitat; and Whereas, Boynton Beach citizens, staff and elected officials are working closely with federal, state, and local governments and with non-governmental organizations, to develop and implement regulations and ordinances specifically designed to preserve and improve Boynton Beach's fragile ecosystems and the quality oflife therein; and Whereas, Boynton Beach proudly recognizes all who participate in Earth Day, for their dedication to taking a proactive role in shaping the future of our environment and in protecting Boynton Beach's precious natural resources. Now therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, FL do hereby proclaim the week of April 19, 2010, as EARTH WEEK in Boynton Beach and urge all our citizens to be mindful of local state and national laws which protect our environment and to join in efforts to preserve the beauty and wonder of the lands, skies and water of the Earth in all its diversity. In witness whereof, I, have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, two thousand and ten. ATTEST: Jose Rodriguez, Mayor City of Boynton Beach Janet M. Prainito, MMC City Clerk (Corporate Seal) 210f735 3.1 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 ,-;.:;:...-. . -{r{7' cJ ''\\ " ;:: 'c\ 1,'- .'. ......L.c ~., CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT [gI ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announce the Palm Beach International Film Festival outdoor screening EXPLANATION OF REQUEST: On Sunday, April 25, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach International Film Festival will present the only outdoor screening of the festival, featuring the Oscar award winning film CHICAGO rated PG-13. This FREE event will take place from 7:45 PM to 10:00 PM at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Bring residents and visitors to the downtown area of Boynton Beach. FISCAL IMPACT: CRA Budget - line item 02-58500-480 ALTERNATIVES: Not to allow the announcement. 220f735 5. A ADMINISTRA TIVE April 6. 2010 (>:./~. ({ ('(' ';, ..'\. .\, ~'- ,~-L~ , C- hi CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF [gI ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Jeff Lis, a regular member of the Planning and Development Board. EXPLANATION OF REQUEST: Jeff Lis has submitted an email of resignation stating his reason for the request. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Planning and Development Board will have a vacant position. FISCAL IMPACT: None ALTERNATIVES: None 230f735 Page 1 of 1 Pyle, Judith From: Prainito, Janet Sent: Monday, March 15, 2010 9:52 AM To: Pyle, Judith Subject: FW: apology FYI From: Rumpf, Michael Sent: Monday, March 15, 2010 9:49 AM To: Prainito, Janet Cc: O1erry-Guberrnan, Catherine Subject: FW: apology Sorry Janet, this should have been forwarded to you last week for your records and appropriate processing. Mike From: Jeff Lis [mailto:Jeff.Lis@stiles.com] Sent: Tuesday, March 09, 2010 9:38 AM To: EDWARD SR JASKIEWICZ Cc: Rumpf, Michael; Rumpf, Michael; jreguez@aol.com Subject: RE: apology Please accept this em ail as formal written notice that I have decided to step off the Boynton Beach Planning and Development Board effective today, The information in this email andanyattachmentsareconfldentialandmaybelegallyprivlleged.ltis intended solely tor the addreSsee(s). Access 10 anyone else IS unauthorized. If the reader of this message is not the intended reCipient, or the employee or agent responsible to deliver II to the intended recipient. you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, It 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 emai!. 3115/2010 24 of 735 5.8 ADMINISTRATIVE April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 16, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF ~ ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. 250f735 APPOINTMENTS FOR APRIL 6, 2010 Appointment Length of Term To Be Made Board Expiration Date Mayor Rodriguez Bldg. 8d. of Adj. & Appeals AIt 1 yr term to 12/10 (Tabled 3) I Orlove Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 III Holzman Cemetery Board Reg 3 yr term to 12/12 IV Ross Cemetery Board Alt 1 yr term to 12/10 IV Ross Code Compliance Board Alt 1 yr term to 12/10 II Hay Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) III Holzman Education & Youth Advisory Board Stu N/V 1 yr term to 12/10 (Tabled 3) IV Ross Education & Youth Advisory Board Stu 1 yr term to 12/10 IV Ross Library Board Alt 1 yr term to 12/10 II Hay Recreation & Parks Board Alt. 1 yr term to 12/10 (Tabled 2) III Holzman Recreation & Parks Board Alt 1 yr term to 12/10 Mayor Rodriguez Senior Advisory Board Art 1 yr term to 12/10 I Orlove Senior Advisory Board Alt 1 yr term to 12/10 III Holzman Veterans Adv. Commission Alt 1 yr term to 12/10 260f735 APPLICANT ELIGIBLE FOR APPOINTMENT 04/06/10 2" Choice 3 Choice Last Name First 1 Choice Name Blass Piotr Dr. Bowman James Ben 270f735 Arts Commission (Alternate) 5. C ADMINISTRATIVE April 6,2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF [gI ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-033 - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. EXPLANATION OF REQUEST: This Regular appointment was filled last year by Jose Rodriguez and any/all Commissioners served as Alternates. The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 1 ih floor conference room of the Government Center. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: The alternative would be to not make an appointment. 280f735 RESOLUTION NO. RIO-033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING AS AL TERN A TE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, IS entitled to representation on the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of servIce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Metropolitan Planning Organization and appoints as alternate representative to the Metropolitan Planning Organization. Section 3. That this Resolution shall become effective immediately upon passage. 29 of 735 PASSED AND ADOPTED this ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross 300f735 5. D ADMINISTRATIVE April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF [gI ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-034 - Re: Appointing a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. EXPLANATION OF REQUEST: The Regular appointment to this Program was filled by Lori LaVerriere and/or a staff member filled the Alternate position. The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: The alternative to this decision would be to not make an appointment to this organization. 310f735 RESOLUTION NO. RIO-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENT A TIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, IS entitled to representation on the Countywide Intergovernmental Coordination Program; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of servIce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Countywide Intergovernmental Coordination Program and appoints as alternate representative to the Countywide Intergovernmental Coordination Program. Section 3. That this Resolution shall become effective immediately upon passage. 32 of 735 PASSED AND ADOPTED this ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross 330f735 5.E ADMINISTRATIVE April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF ~ ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-035 - Appoint a City Commission representative and appoint all City Commission members and the City Manager as alternate representatives to the Palm Beach County League of Cities. EXPLANATION OF REQUEST: Attached is a brief synopsis of this organization How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: The alternative to this appointment would be to not make the appointment. 340f735 RESOLUTION NO. RIO-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING ALL CITY COMMISSION MEMBERS, AND THE CITY MANAGER AS AL TERNA TE REPRESENT A T AlVES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, IS entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of servIce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the League of Cities and appoints any City Commission member and City Manager as alternate representative to the Palm Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. 35 of 735 PASSED AND ADOPTED this ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross 36 of 735 Palm Beach County League of Cities The palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. Representative- Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - S:\CC\WP\EasyAgenda Items\Description of MPO, PBC League of Cities, COBWRA & Intergovernmental Coordination Program. doc 370f735 5. F ADMINISTRATIVE April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF IZI ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-036 - Appointing a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) EXPLANATION OF REQUEST: The Regular appointment to COBWRA was filled by Commissioner Ross and any/all Commissioners filled the Alternate appointment. The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: The alternative would be to not make an appointment to this association. 380f735 RESOLUTION NO. RIO-036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENT A TIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND APPOINTING AS ALTERNATE REPRESENT A TIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Coalition of Boynton West Residential Associations, Inc., (COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of servIce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA) and appoints as alternate representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay 390f735 Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 400f735 6.A CONSENT AGENDA April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meetings held on March 2, 2010 and March 16,2010. EXPLANATION OF REQUEST: The City Commission met on March 2, 2010 and March 16, 2010 and minutes were prepared from the notes taken at the meetings by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: N/A ALTERNATIVES: N/ A 41 of735 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MARCH 2, 2010 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Marlene Ross, Commissioner Kurt 8ressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Absent: Jose Rodriguez, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor 8. Invocation C. Pledge of Allegiance to the Flag fed by Mayor Taylor Mayor Taylor called the meeting to order at 6:32 p.m. An invocation was given by Vice Mayor Hay. The Pledge of Allegiance to the Flag was led by Mayor Taylor. Commissioner Rodriguez had reported he was in Jupiter and would not be able to attend the meeting. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof reported Item 10.E, the towing rotation franchise agreement, needed to be tabled to allow time for further research. Vice Mayor Hay requested to add recognition of the Girls' Cheerleading Teams. Mayor Taylor declared it would be added under Section 3, Announcements, Community and Special Events and Presentations. Mayor Taylor announced Item 8.2 in Section 10 would need to be tabled for further clarification. 2. Adoption 420f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 Motion Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross reported she had attended an interfaith service at Atlantic High School in Delray Beach led by the Principal of Toussaint L'Ouverture School in memory of all those deceased in Haiti. Commissioner Weiland had attended the opening day for the Little League Program. It was well attended and he looked forward to watching the upcoming games. Vice Mayor Hay thanked all the candidates who attended the forum at St. John Missionary Baptist Church. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Mayor Taylor called all the cheerleaders to come forward. Mary DeGraffenreidt, Senior Manager in the Recreation and Parks Department introduced the City of Boynton Beach All Star Cheerleaders. In 2009 they competed on regional, state, national and world levels to place 8th in the world in their division. The volunteer coaches were present and also introduced. The mini team and senior teams were represented. The coaches volunteer their time to mentor the youth. The goal was to have some of the teens qualify for college scholarships. Wally Majors. Recreation and Parks Director, recognized Ms. DeGraffenreidt for all her efforts in addition to her responsibility for the Senior Center, Hester Center. Sims Center and the transportation section. She also manages the Youth Violence Prevention Program. The cheerleading program was started by Ms. DeGraffenreidt. Mr. Bressner gave each of the cheerleaders a City of Boynton Beach lapel pin to wear during competitions. The teams had performed during the Heritage Fest and Vice Mayor Hay commented he was very impressed with their talent. He urged all of the participants, coaches and parents to keep up the good work. Mayor Taylor announced there were two items to be added to the agenda. One was a proclamation for Red Cross month and the other a Library Board appointment. 2 430f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 Motion Commissioner Ross moved to add the two items. Vi,?e Mayor Hay seconded the motion. The motion passed unanimously. A. Permit brief presentation by Pedro Guilarte, Census Bureau Partnership Specialist Mr. Guilarte gave an update on the upcoming census. He thanked the City for their assistance, especially by promoting the importance of being counted. It is the main driver for federal funding coming into the City. In the State of Florida, over $2,000 per person returns to the State and local governments through federal dollars. Mr. Guilarte indicated 63% of Boynton Beach residents returned the forms by mail and 37% were counted door-to-door. The questions are totally confidential. The goal was a 5% increase in mail returns and work toward the 70% benchmark. In Palm Beach County, approximately 4,000 jobs would be created for the census and 500 to 600 of those positions would be filled with Boynton Beach residents. Mr. Guilarte urged the Commission to assist with training site locations. One week of training would be required for each employee. Mayor Taylor advised the City would be fully cooperative. B. Present Proclamation to Boynton Beach Firefighters in appreciation of their work on behalf of the Muscular Dystrophy Association Mayor Taylor proclaimed the month of March as Boynton Beach Firefighters Appreciation Month in conjunction with the Muscular Dystrophy Association (MDA). The proclamation was presented to Chief Bill Bingham. Chief Bingham thanked the Commission for their continued support and indicated the boot drive would be ongoing throughout the month of March with a goal of $35,000 to be collected for the fight against Muscular Dystrophy. Brandy Miller and Helga Moya were present on behalf of MDA. Ms. Miller thanked the City and Commission for their continued support. All the monies raised by firefighters stay locally and assist in providing flu shots, Jeg braces, communication devices, wheelchairs and an array of services. Research continues to find a cure. Ms. Miller presented certificates to each of the Commissioners and Chief Bingham. Mayor Taylor proclaimed March as Red Cross Month and presented the proclamation to a local representative of the Greater Palm Beach Area Chapter of the American Red Cross. Essential services are provided to those in need on a daily basis including educational classes. Mayor Taylor vouched for the aid given by the Red Cross to those in the militarY. Information on the services offered can be obtained at either of the Red Cross offices in West Palm Beach or Boca Raton. 3 440f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 C. Announcing the upcoming Movies on the Ave. event. Kathy Biscuiti, Special Events Director, announced the Movies on the Avenue to be held on Friday, March 5, 2010, showing My Life in Ruins. The event was free with ample parking in the area. No pets would be allowed. D. Announcement of the upcoming Ocean Avenue Concert. On March 19th would be another in a series of Ocean Avenue concerts featuring Sundown, a country band. It would be held from 6 p.m. to 9 p.m. at the Ocean Avenue amphitheater next to the Children's Schoolhouse Museum. Food and drink vendors would be onsite and no pets were allowed. Ms. Biscuiti urged everyone to attend. 4. 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) Mark Karageorge, 240A Main Boulevard, announced the Community Caring Center's Hunger Walk on Sunday, March 7, 2010 from 2 p.m. to 3 p.m. commencing at the Children's Schoolhouse Museum. He urged everyone to attend and bring some canned goods for the food pantry to help those in need. Gary Davis, 13015 N 42nd Road in Royal Palm Beach, advised he taught the Art of Film Making at the Sims Center for the Youth Violence Prevention Program and kids at-risk. He reported great progress was being made and the Boynton Cinema had shown the student's film relating to a recent trip two students took to Africa. The students had done the videotaping, editing and added music. The film was also supported by Channel 5. He offered his students for any interviews or filming that may be needed. He was working with the school district and WXEL to give the kids even more opportunities. The kids need positive role models and feedback. Mayor Taylor thanked Mr. Davis for the update. Mr. Bressner suggested some of the productions could be broadcast on BBTV Channel 18. Don ScantJan, 13 Cedar Circle, spoke as a representative of the Workforce Alliance and Gulfstream Goodwill Industries. Workforce Alliance had a young adults program for out-of-school kids or young adults. It is a three month program with eight weeks of internships with employers throughout the County. It worked with the youth on their resumes, work skills, career counseling and interview skills. Another program was with Goodwill that helps youth build career plans and skills to prepare for school completion, post secondary training and productive work by providing structured and supportive relationships with trusted, adult mentors. It targets youth between 12 -17 4 450f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2,2010 years of age and at-risk for dropping out of school and delinquency issues including gang membership. The program needs both participants and mentors. Victor Norfus, 26 N. Palm Drive, praised the Heritage Celebration and the many participants. There was a need expressed for more activities to be held on Martin Luther King Boulevard and perhaps the Ocean Concert series could be held there. Willie Aikens, 726 NE 1 sl Street, gave greetings from the Heart of Boynton and gave praise for the Heritage Celebration. He thanked the Commission and CRA members for their support. He praised Mary DeGraffenreidt and all the City staff who assisted. Herb Suss, 1711 Woodfern Drive, indicated the Preserve development, that was partially funded by the Community Redevelopment Agency. had also been determined to have defective drywall. He was concerned for the residents and hoped some resolution could be found. He question if perhaps the Promenade also had defective drywall. Mayor Taylor remarked the matter would be between the developer and the investigating agency. The City would have no responsibility. Lisa Bright. Executive Director of the CRA, clarified the CRA was not a financial partner in the Preserve project. The CRA had assisted with home subsidy programs. The Board is aware of the allegation. but there was no confirmation that it was Chinese drywall. It would not be a Community Redevelopment Agency Board issue. No one else coming forward, Mayor Taylor closed the public audience. 5, ADMINISTRA riVE A. Accept the resignation of William Orlove, a regular member of the Recreation and Parks Board. Motion Commissioner Weiland moved to accept the resignation of Bill Orlove from the Recreation and Parks Board. Commissioner Ross seconded the motion. The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Taylor noted there were no applicants for the Building Board of Adjustment and Appeals or Cemetery Board. Commissioner Weiland, commented he had spoken to Doris Jackson of the Community Relations Board and agreed he would move her up from an alternate to a 5 46 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 regular appointment. Commissioner Weiland apologized as he had also committed to appoint Sanford Mayer as a regular member of the Community Relations Board. Motion Commissioner Weiland appointed Sanford Mayer as a regular member of the Community Relations Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to move up Valerie Pleasanton from an alternate member to a regular member of the Library Board. Commissioner Ross seconded that motion. The motion passed unanimously. Motion Commissioner Weiland moved to table all remaining appointments. Vice Mayor Hay seconded the motion. The motion passed unanimously. Herb Suss, 1711 Woodfern Drive, reiterated his request that the Commission consider allowing citizens to sit on two boards. Mr. Bressner advised staff was still researching the history of board appointments and past discussions on the same issue. Vice Mayor Hay restated his position that a citizen should be allowed to serve on no more than two boards. He was awaiting staff's input. 6. 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. Approve the Minutes from the City Commission meeting held on February 2, 2010 and the Special Meeting held on February 9, 2010. Mayor Taylor pulled Item 6.A for discussion, B. No action is requested. This item is informational for the purposes of updating the Commission regarding the implementation of Ordinance No. 09-040 and the vendor hired to administer the vacant property registration program. The goal of program is to provide more efficient management of vacant properties In the City.' 6 470f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2,2010 Motion Commissioner Ross moved to approve the Consent Agenda with the exception of Item 6A The motion was seconded and passed unanimously. 6A Approve the Minutes from the City Commission meeting held on February 2, 2010 and the Special Meeting held on February 9, 2010. Patricia O'Conner, 2111 SW Lake Circle Drive, expressed concern regarding the notice of the special meeting. There was no notice on the City web page of the special meeting. Janet Prainito, City Clerk, advised special notices are placed in the boxes out front of City Hall. There have been occasions where special meetings have been placed on the web site, but meetings with short notices are placed in the boxes out front of City Hall entrances. Mr. Bressner added the posting would have met the statutory requirements. Posting on the web page is not a legal requirement. It is a conl/enience. Ms. O'Conner felt it should be made a standard practice to also post notices on the web page. She also requested the audio version of the meeting be posted on the web page and Mr. Bressner agreed it would be posted. Motion Vice Mayor Hay moved to approve Consent Agenda Item 6A Commissioner Weiland seconded the motion. The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS NOl'le 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 7 480f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-026 -- Amend the FY 2009-2010 budget to adjust budgeted appropriations to (1) provide revised spending authority for Capital Improvement Projects carried over from both encumbered and unexpended funds budgeted in FY 2008-2009, (2) transfer funds from the Parks & Recreation Facilities Fund to provide funding for specific projects and (3) reduce the General Fund (Police Department) ARRA funding of eight (8) Police Officers and an Energy Block Grant that require funding and spending in a separate Grant Fund under Federal regulations. Mr. Bressner explained the Resolution had been amended to exclude the expenses for the police facility and was before the Commission for approval. Barry Atwood, Director of Finance, added the resolution appropriates the necessary funds for the amendments for the current year. The decision to defer the police facility reduces the request by $410,000. Motion Commissioner Ross moved to approve Resolution No. R10-026. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R10-028 -- Staff recommends approval of the following: 1. Authorize the submission of an amendment to the Department of Housing and Urban Development (HUD) to the 2008 Application and Substantial Amendment to the Neighborhood Stabilization Program (NSP) regarding the $400,000 that was allocated to the Community Redevelopment Agency (CRA) for the purpose providing financial subsidies for the development known as The Ocean Breeze Project. This allocation will be re-programmed to facilitate the acquisition and rehabilitation activities allQwed under the grant. Octavia Sherrod, Community Development Manager, requested approval to designate the local non-profits as facilitators for the Neighborhood Stabilization Program. It is an effort to expedite the program because certain rules and regulations are less stringent for non-profit developers or sub-recipients than they are for the City. Many federal regulations have changed to accommodate the program. Commissioner Weiland inquired how much of the funds have been used for foreclosures. Ms. Sherrod replied no properties had been purchased. Her department would be responsible. but would work with the non-profit organizations. The day-to- day duties of searching for the homes, meeting with the applicants, would be done by the Community Development Centers (COG). Mr. Bressner stressed it was not City- 8 49 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 wide. Ms. Sherrod pointed out it was in the northeast and northwest quadrants of the City. Commissioner Weiland could not support a program that was not City-wide. Ms. Sherrod further explained the Commission had requested initially that the program be City-wide. The application was sent to HUD and it was rejected. The reason for the rejection was the areas of greatest concern in 2008 had to be chosen and the northeast and northwest had the highest foreclosure rate, highest risk of increasing foreclosure and had the highest number of predatory loans. The entire application proc~ss was resubmitted following the specific direction of the HUD. Commissioner Weiland requested another map be prepared showing the foreclosure numbers. Ms. Sherrod stressed the terms and conditions of the program related to the conditions at that time, 2008. There was a second NSP application filed with the City of Delray that was not awarded and it was City-wide. Mr. Greene, Development Director, agreed to supply the map and information. He did point out that the Miami office of HUD directed $2.5 million of the grant received should be under contract no later than September 30, 2010. Vice Mayor Hay understood the City had to abide by the rules of HUD or forfeit receipt of the monies. Vice Mayor Hay and Commissioner Ross wanted to move the project along. Mr. Bressner added joint ventures with Community Development Corporations have been very successful in the State. Mayor Taylor asked if the monies would be divided equally between the Faith Based CDC and R. M. Lee CDC. Ms. Sherrod noted the two were currently worl<ing on a merger to become one Community Development Corporation. Commissioner Weiland inquired how much of the funding would go to the employees of the CDC that will not be helping the citizens. Ms. Sherrod replied the CDC would charge a fee for the services they render as part of project costs. It would be a standard fee. The final agreement would come back to the Commission for approval and the fees to be charged would be listed. Commissioner Weiland suggested staff administer the program rather than incur costs that could go towards future acquisitions. Mr. Greene added, to acquire the properties. the normal procurement process had to be followed and it could not be done within the time frame that HUD was mandating. The CDCs are being used to expedite the process. Commissioner Weiland suggested allowing developers to clean up the properties and flip them, would also solve the issue. Mr. Greene stressed the City could not conclude their process within the time period a private citizen could. The grant money would not be spent. Vice Mayor Hay commented this was an opportunity for the City to move in the right direction in that area. He wanted to be sure previous delays were not going to reoccur. Commissioner Weiland contended he was simply trying to spend the grant money as wisely as possible. Vice Mayor Hay supported the request so the funding 9 500f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 would not be lost. Mayor Taylor stressed it would come back before the Commission with the correct figures. Motion Vice Mayor Hay moved to approve Proposed Resolution R 1 0-028. Commissioner Ross seconded the motion. The motion passed 3-1 (Commissioner Weiland dissenting), 2. Amend the 2009/10 Community Development Block Grant (CDBG) Sub- recipient contract agreement between The City of Boynton Beach and the Boynton Beach Faith Based CDC and R M Lee Community Development Center to designate them as the developer under the City of Boynton Beach's Neighborhood Stabilization Program. (This matter was previously tabled.) C. PROPOSED RESOLUTION NO. R10-o29 - Approve a revised tri-party Interlocal Agreement for the exchange of land between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School. Lori LaVerriere, Assistant City Manager, recalled the interlocal agreement was brought before the Commission in January, 2010 to assist the School District and allow the City to save Galaxy Elementary. The plan was to swap out Galaxy Park and build a new park on the north side of the new school. Various ideas were brought before the School District to help promote saving the school with a cost savings of $180,000. The plan has been approved by the School District and the County. Motion Vice Mayor Hay moved to approve Resolution No. R10-029. Commissioner Ross seconded the motion. The motion passed unanimously. D. Notification of staffs intent to reject all fourteen bids received for the Seacrest Boulevard Roadway Improvements project and re-advertise for bids pending final authorization from FHWAlFDOT. Jeff Livergood, Director of Public Works and Engineering: recalled in 2009 the City had received approximately $2 million of American Recovery and Reinvestment Act monies or stimulus funding. The monies were received to construct a project on Seacrest from Ocean Avenue to the C-16 canal to replace medians. extensive landscaping and new street lighting resulting in better access control from the side streets. Bids were opened on February 8th and the first four low bidders did not supply the required documents. The City worked with the Florida Department of 10 51 of735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2,2010 Transportation (FDOT) and the Federal Highway Association (FHWA) to reject all bids and re-bid. Attorney Cherof advised the City would follow the procedures set forth in the bid documents and guidelines required to get federal funding and the proper notices had been sent. Mayor Taylor clarified the item was informational and no action by the Commission was required. E. TIME CERTAIN TO BE HEARD AT 7:00 PM - Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (TABLED from 2/16/10) F. Authorization to provide South Florida Water Management District (SFWMD) with amended Phase I and Phase II Water Reuse Priority List and to authorize engineering work for Lawrence Rd. Re-Use Line Mr. Bressnel' advised staff had been working with the Hunters Run CMO regarding their conversion to reuse water. The South Florida Water Management District had requested all of Hunters Run convert to reuse water. Hunters Run determined the cost was prohibitive and there would be internal inequities if some areas utilized reuse water while others did not and yet, all homeowners would be assessed a share of the cost to convert. There would also be no financial assistance from the South Florida Water Management District. Staff determined Cypress Creek Golf Course on Military Trail, in the service area, could utilize most of the allocation previously set for Hunters Run. Mr. Bressner requested the Commission authorize changing the reuse schedule to relocate Hunters Run to the bottom of Phase I for 2016 or as a future user to 2017 and beyond. There was consensus to move Hunter Runs to the bottom of Phase J for 2016. Another request was to authorize staff to move forward with the engineering services to proceed with the Lawrence Road reuse line north to the C-16 canal and then travel west to the Cypress Creek system. There was consensus to move forward with the reuse line up Lawrence Road to Cypress Creek Golf Course. Mr. Bressner thanked Mayor Taylor for his work and efforts as Mayor. 11 520f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09- 030 is subject to the discretion of the City Commission. (Tabled to April 2010). B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS A. Request for Commission to conduct a preliminary review of a potential amendment to the land Development Regulations to allow Adult Arcade use in the C-2 (Neighborhood Commercial) zoning district, and provide staff with direction as to whether or not to proceed with processing said code review amendment. Ed Breese, Principal Planner, explained the request and indicated it was prompted by a potential tenant that wanted to operate an adult arcade on property zoned C-2 (Neighborhood Commercial). Adult arcade is defined by the statute, "as any place or premise catering to persons 18 and over that mimic the look and feel of gambling venues where there are more than six amusements games or machines which operate by the means of insertion of a coin and which by means the skill may entitle the person to play or operate the game to receive points or coupons that may be exchanged for merchandise only, excluding cash and alcoholic beverages, providing the cost value of the merchandise or prize awarded in exchanged for said points or coupons do not exceed $.75 on any game played." Mr. Breese noted adult arcades are currently allowed in C-3 (Community Commercial) or C-4 (General Commercial) and the Planned Commercial Districts under the heading of indoor recreational facilities. The existing arcades have not had above average calls for service by the Police Department. Staff recommended the use be allowed in C-2 zoning districts as a conditional use so any impact can be evaluated on an individual basis and additional conditions implemented, if necessary. Also, the use should only be allowed on properties abutting arterial roadways and in multi-tenant areas. Commissioner Weiland noted it would not be high-end gambling and the established arcades seem to cater to senior citizens. There was consensus to allow staff to proceed as a conditional use. 12 53 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 2,2010 13. LEGAL None 14. UNFINISHED BUSINESS None' 15. ADJOURNMENT There' being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:04 p.m. CITY OF BOYNTON BEACH Jose Rodriguez, Mayor Woodrow L. Hay, Vice Mayor William Orlove, Commissioner Steve Holzman, Commissioner ATTEST: Marlene Ross, Commissioner 13 540f735 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MARCH 16, 2010 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A Call to order - Mayor Jerry Taylor B. Invocation by Charles Carrin, Retired Minister C. Pledge of Allegiance to the Flag led by Commissioner Weiland Mayor Taylor called the meeting to order at 6:30 p.m. Retired Minister Charles Carrin gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Weiland. . Presentation of Service Plaques to Mayor and City Commissioners/Remarks . Administration of Oath of Office to Commissioner - District I/Remarks . Administration of Oath of Office to Commissioner - District III/Remarks . Administration of Oath of Office to Mayor/Remarks Kurt Bressner, City Manager, presented a service plaque to Commissioner Weiland. Commissioner Weiland thanked everybody that he was able to be a part of their lives and be of assistance during his tenure as a City Commissioner. He acknowledged it was a pleasure and honor to be a leader and part of the City. He would remain available for any assistance he can offer to Commissioner-Elect Orlove or any of the Commission. Mr. Bressner presented a service plaque to Commissioner Jose Rodriguez. Mr. Sressner presented a service plaque to Mayor Jerry Taylor. Mayor Taylor remarked he was very proud of a badge he had received from the Police Department in recognition of the work he had done over the past six years with one of the best Police Departments in Palm Beach County. 550f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 He went on to thank God for giving him the health and ability to serve the community. He thanked all the residents for their support and his wife, who attended every single meeting with him and offered her advice and support. He also thanked his daughter Jeannie who also attended most meetings. Mayor Taylor thanked the City Manager for going over all the issues and giving the best direction he could. He acknowledged the Manager's superior knowledge of the City and all the'Departments. Mr. Bressner's management expertise was unquestionable according to Mayor Taylor and he was impressed with the City Manager's timely response to any citizen's concerns. Mayor Taylor noted he has worked with Attorney Cherof throughout his tenure as Mayor and his advice had saved the City millions of dollars in lawsuits. The City was blessed to have such an attorney with his knowledge and expertise. The department heads and staff exhibited professionalism and were the cornerstone of any successes. Mayor Taylor commented it was the staff that made all things happen. He . reiterated his thanks to the Community Redevelopment Agency and staff and commended them on being the best CRA in the State of Florida. A special thanks was given to the Police who stood through every meeting, for their dedication and professionalism. Mayor Taylor gave special thanks to Commissioner Weiland for his dedication as a Commissioner and for his friendship that would continue to grow. His final thoughts for the new Commission were, "It is easy to listen to those who agree with you, more difficult, but just as important, to listen to those who disagree with you. By doing so, you can reassess your position and decisions to make sure that you are doing what is right, good and true. Do the right thing for the residents of Boynton Beach. Do good things for the residents of Boynton Beach, be true to your oath to give your best to the residents of Boynton Beach. Right. Good. True. Honesty and frankness may make you vulnerable -- be honest and frank anyway. If you are successful you will win false friends and true enemies -- succeed anyway. The good you do today will be forgotten tomorrow -- do good anyway. The responsibility of a prosperous Boynton Beach is yours. May almighty God guide you in your quest. Thank you very much." City Clerk Prainito administered the Oath of Office to William Orlove, Commissioner - District I. Commissioner Orlove thanked his supporters, neighbors, family and all those who supported him. He recognized his wife Laura; mother-in-law Doris, and daughter Marissa. He appreciated Mayor Taylor's words and honesty was his goal and true to his word. Commissioner Orlove was thankful for the honor and hoped to serve the citizens well. 2 56 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 City Clerk Prainito administered the Oath of Office to Steven Holzman, Commissioner- District III. Commissioner Holzman appreciated his opponent Mark Karageorge and expressed hope he would stay involved with the City. He thanked his supporters for going out door-to-door and he looked forward to envisioning the future and moving the City into the new century. He wanted to revitalize and preserve the downtown for everyone. City Clerk Prainito administered the Oath of Office to Jose Rodriguez, Mayor. Mayor Rodriguez, first of all, thanked his Heavenly Father who he leaned on many times during the campaign and gave him all the glory and honor. He thanked his family; wife Sarah, son Josh, daughter Logan and his mother. He thanked Mayor Taylor and Commissioner Weiland for their life-long dedication to the City over the many years. Mayor Rodriguez congratulated Commissioners Orlove and Holzman and looked forward to working with them and moving the City forward. With great responsibility comes great expectations. He felt they were up for the challenge and would support them, He remarked Commissioner Ross and Vice Mayor Hay were now the senior class and he looked forward to their success together and appreciated their leadership. To his friends and supporters who came together for the betterment of Boynton Beach, he thanked them for their hard work, efforts, passion and enthusiasm. It was a diverse group who worked together regardless of their race, age, nationality, or social economic levels. He thanked all the candidates for Mayor who were the true leaders who cared enough to run and work hard to win. He welcomed them all to meet and talk with him and thanked them for running. Mayor Rodriguez remarked the City had done great things, but there was more work to be done. The economic crisis would continue and everyone would be asked to do more with less. He was confident the right people were in place to move the City forward. Things would need to be done smarter, wiser and more efficiently to raise the bar. He wanted to establish a financial review advisory board to ruffle through the budget and identify areas for opportunity and efficiency. Business as usual will not be a viable option. The results that are achieved will be the new standard. Boynton Beach is the only major City in the County that does not have a downtown and lags behind in economic development and redevelopment. This City deserves more and should prioritize, focus and execute on the Downtown Master Plan as a key initiative for success. 3 57 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 Mayor Rodriguez announced he would be asking the Commission to immediately terminate negotiations to move the Police Department to the retail center on Congress Avenue. He would. also be asking to add two civilian members to the CRA Board to allow for continuity, skill, development and ensure a smooth transition to a full citizen's board in the near future. The Commission should be a fine-tuned machine working together and proposed an off-site team building session and workshop to allow the time and space to work together and become a cohesive team. All meetings would be held in a transparent manner with respect, integrity and ethics that can tackle the issues and not the person. He proposed three minority councils be established to act as liaisons for minorities within the City. He suggested a council for African-Americans, Haitians and Hispanics that would be the pulse of their respective communities. In conclusion, Mayor Rodriguez suggested that the Commission only look forward and he was excited to be on the team and quoted Ralph Waldo Emerson, "Do not go where the path may lead; go instead where there is no path and leave a trail." D. Agenda Approval: 1. Additions. Deletions, Corrections Vice Mayor Hay sought clarification on the need to address Item 10.C. The CRA Board had discussed the issue in great detail and voted the $400,000 should remain with the CRA. Mayor Rodriguez felt the Commission still had to affirm the action as the Commission. Attorney Cherof concurred. Attorney Cherof noted there was a request to table Item 1 O.B to April 20th or later. Motion Vice Mayor Hay moved to table Item 10.B. Commissioner Ross seconded the motion. The motion passed unanimously. Mayor Rodriguez asked to include the Police facility on the agenda. Motion Vice Mayor Hay so moved. Commissioner Ross seconded the motion. The motion passed unanimously. It would be added after the Consent Agenda. Mayor Rodriguez requested items be pulled from the Consent Agenda, at this time. 4 580f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Commissioner Orlove pulled Item B. Motion Vice Mayor Hay moved to approve the Consent Agenda. Commissioner Ross seconded the motion. The motion passed unanimously. 2. Adoption Motion Commissioner Ross moved to approve the agenda, Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross shared she had attended the last pancake breakfast of the season by the Boynton Beach Fire Department. She congratulated Chief Bingham on the great response from the community and thanked the entire Department. Vice Mayor Hay congratulated staff and read into the minutes an article relating to safety awards. "For the 13th straight year the City of Boynton Beach has been recognized by the Safety Council of Palm Beach County. At ceremonies held recently, the City was presented with three awards; an award for excellence for worker safety, award of merit for vehicle safety and special recognition for the defensive driving program. Accepting the awards were Chuck Magazine, Risk Manager; Pam Brown, Claims Administrator; Mark Bobich, Safety Administrator. According to Chuck Magazine, last year the City was successful in reducing its OSHA recordable cases by 42%, incident rate by 37%, cost of worker compensation claims by 48% and preventable motor vehicle accidents by 10%. The Safety Council of Palm Beach County is a non-governmental, not-for-profit public service organization dedicated to safety, serving Palm Beach County and all of South Florida. The organization offers an extensive variety of programs, resource services and educational material to reduce health hazards and prevent injury for both personal and economic loss." Mayor Rodriguez recognized County Commissioner Steven Abrams was present and thanked him for attending. 5 590f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcing the upcoming Movies on the Ave. event. Margee Walsh, CRA Marketing Director, congratulated Mayor Rodriguez and Commissioners Orlove and Holzman on their election. She invited the public to a free concert to be held on Ocean Avenue featuring the Sundown country band beginning at 6 p.m. to 9 p.m. in the Children's Schoolhouse amphitheater.. Food and drink vendors would be onsite. No pets were allowed. On April 2nd there would be a free showing of the movie Hairspray at the same location commencing at 7:30 p.m. 4. 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 adjust ed depending on the level of business coming before the City Commission) Herb Suss, 1711 Woodfern Drive, congratulated Mayor Rodriguez and Commissioners Orlove and Holzman and hoped the new Commission would work together and speak to the issues with a mutual respect for all. Ken Lassiter, President of Coalition of Boynton Western Resident Associations (COBWRA), congratulated Mayor Taylor on his successful run as Mayor and admired his leadership and appreciated his service to the City of Boynton Beach and the entire area. He congratulated the newly elected officials and remarked he was working hard to build a better relationship with COBWRA and the City of Boynton Beach. He recalled in 1991 the City and COBWRA worked together to build the West Boynton Community Area Plan which was accepted by the City in 1995, as well as the County Commission. Michael Rumpf was currently working to revise and update the Plan. Mr. Lassiter hoped the residents would come out west to the new Canyon Town Center that had an amphitheater and was holding various events including Karaoke every other Saturday night. Brian Edwards, 629 NE 9th Avenue, congratulated Mayor Rodriguez and thanked all the supporters of the candidates. He was proud of the Mayor and the other Commissioners elected and thanked the City Clerk and Supervisor of Election for running the election and vote count. Mr. Edwards did note a better job needed to be done to get the other 34,000 voters out to vote. He looked forward to being a part of the successes in the future as well. 6 600f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Mayor Rodriguez thanked Mr. Edwards for his remarks and noted he would continue to be a part of the community in the future. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Orlove moved to appoint Catherine Scantlan as a regular member of the Recreation and Parks Board. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Holzman appointed Laurie Sulzer as an alternate member of the Library Board. Commissioner Orlove seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to table all other appointments. Commissioner Holzman seconded the motion. The motion passed unanimously, Commissioner Orlove commented there had been discussion about filling the vacant positions and asked for the status. Mr. Bressner advised the matter would be discussed during the second meeting in April. Comparative research was being conducted. Commissioner Orlove questioned if individuals who had businesses within the City, but did not reside within the City were being considered. Mr. Bressner pointed out the Code would have to be changed. Many boards require residency within the City, He suggested the boards be reviewed and their duties and functions outlined to make an informed deci~ion whether or not to modify the Code to expand eligibility to proper business owners who are not residents. 6. 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. 7 610f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 A. Approve the Minutes from the City Commission meeting held on February 16, 2010. 8. PROPOSED RESOLUTION NO. R10-030 -- Approve a Contract Service Arrangement Agreement with BellSouth Telecommunications, Inc. (d/b/a AT&T Florida) for a period of twenty-four (24) months for existing telephone-line equipment and ongoing telecommunications equipment and services. Agreement will save the City approximately $3,000/month. Commissioner Orlove pulled Item 6.B for discussion. He appreciated the savings of $3,000 per month, but questioned the elimination of phone lines. Phyllis Koch, ITS and GIS Director, indicated the phones and phone usage had been reviewed over the last few months resulting in a huge reduction in the yearly phone bill. A new contract with other discounts was negotiated and applied, saving approximately $70,000 from the budget. Motion Commissioner Orlove moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. C. PROPOSED RESOLUTION NO. R10-031 -- Assessing the cost of nuisance abatement on properties within the City of Boynton Beach. D. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. E. Approve purchase of In Car Cameras for Police Department from Digital Ally in the amount of $20,625. F. Accept the written report to the Commission for purchases over $10,000 for the month of February 2010. G. Award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND JANITORIAL SUPPLIES", Bid #017-1412-10/MFD, on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000. H. Approve the sole source purchase of compatible new or replacement water meters, meter reading systems, testing equipment, accessories, and repair parts for our existing single brand water meter system at an estimated annual cost of $166,000 based on FY 2008-2009 actual purchases. NOTE: City Manager Comment on alternatives listed below. 8 62 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 I. Relocation of the Police facility. (This item was 'added to the agenda) Mayor Rodriguez contended the citizens of the City had spoken on the issue and the Commission should act and go about developing the downtown. He requested a motion to cease negotiations of the potential move of the Police station to Renaissance Commons, Commissioner Holzman agreed it was no longer an issue. Vice Mayor Hay agreed and noted only he and Mayor Rodriguez had voted against the move originally. Commissioners Orlove and Ross concurred. Motion Commissioner Holzman moved to end negotiations with Comparato to move the Police station. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Orlove inquired about the Mayor's plan to relocate to the Police Department. Mayor Rodriguez thought it was a future agenda item that should be discussed at the proposed off-site team building session. Vice Mayor Hay agreed with the workshop, but advised he leaned toward the property that the City owned with the infrastructure in place on High Ridge Road and 1-95. It was planned in purchasing the property originally and it would be incumbent for the Commission to move in that direction. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R10-032 -- Award contract for Bid #018-2821- 10!JA, Disinfection System Upgrade Project at the East Water Treatment Plant to Wharton-Smith, Inc. as the lowest responsive, responsible bidder; in the amount of $1,547,000. Also approve an additional owner's contingency of 10%, equal to $154,700, resulting in a total funding authorization of $1 ,701 ,700. Also reject the six (6) highest bids the City received in response to its Invitation to Bidders; and reject the lowest bid received from WDF/Nagelbush due to the bid's incompleteness and a lack of documented completion of similar work by that firm. Attorney Cherof advised the Resolution rejects the six highest bids and the lowest bid and awards the contract. Pete Mazzella, Deputy Director of Utilities, advised the Resolution awards the contract to the second lowest bidder, Wharton-Smith, as the lowest responsive, responsible 9 63 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 bidder. The consultant, CDM, called the references of the lowest bidder and the experience of the proposed project manager and superintendent could not be substantiated. The lowest bidder did not have a presence in Florida. Motion Vice Mayor Hay moved to approve Resolution No. R10-032. Commissioner Ross seconded the motion. The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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. Attorney Cherof administered an oath to all those intending to testify. He gave a brief overview of the procedure to be followed. A. Boynton Vista II, SPTE 10-004, located at 419 South Circle Drive. Request approval for a one (1 )-year site plan time extension for major site plan modification (MSPM 07-004) approved on May 20, 2008, from November 20, 2009 to November 20,2010. Kathleen Zeitler, Planner, reported the Planning and Development Board had tabled the matter at their March meeting and the item should be tabled by the Commission pending further review by the Planning and Development Board. Motion Vice Mayor Hay moved to table Item 9.A. Commissioner Holzman seconded the motion, The motion passed unanimously. B. Lake Worth Christian School, SPTE 10-005, located at 7592 High Ridge Road, requests approval for a second one (1 )-year site plan time extension for conditional use/major site plan modification (COUS/MSPM 07-003) and height exception (HTEX 07-004) approved on July 17, 2007, from January 17, 2010 to January 17, 2011. Applicant: Robert Hook Superintendent, LWCS. 10 64 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Ms. Zeitler located the property, a private school, including an existing school building, gym and outdoor recreation facilities. The original site plan approval was for 18 months to construct a building addition of 20,000 square feet for an early childhood development center and elementary school, a general -use building of 15,000 square feet and an athletic locker room building of 6,000 square feet. A height exception was approved for less than two feet. The request was for a second site plan time extension for the conditional use and major site plan modification development order and height exception approved by the Commission on July 17, 2007. It would extend the date to January 17, 2011. Staff recommended approval subject to four Conditions of Approval. Michael LaCoursiere, representing Lake Worth Christian School, advised the design drawings had been completed and final funding was being sought. The applicant agreed and accepted the conditions of staff. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motron passed 5-0. C. Safe & Secure Self Storage, Phase III, SPTE 10-005, located at 3010 South Congress Avenue, request approval for a one (1 )-year site plan time extension for major site plan modification (MSPM 08-001) and community design plan appeal (CDPA 08-001) approved on May 20,2008, from November 20,2009 to November 20, 2010. Applicant: Alejandro Zurita, Vice President and Development, Pugliese Company. Ms. Zeitler located the property. The applicant requested a one-year time extension for Phase III, major site plan modification and community design plan appeal that were approved on May 20, 2008. If approved, the expiration date would be November 30, 2010. This would be the final phase and located to the north of the current buildings. The Community Design Plan Appeal was to allow roll-up doors to face Congress Avenue. The applicant had paid the capacity reservation fee in 2008, submitted paving and drainage plans to Lake Worth Drainage District, submitted an application for building permit and paid a plan review fee. The traffic concurrency would have to be updated after November 30, 2011. Staff recommended approval as did the Planning and Development Board subject to the Conditions of Approval. Alejandro Zurita, representing the Pugliese Company, advised the applicant accepted the Conditions of Approval and requested the extension. Motion Vice Mayor Hay moved to approve the extension subject to all Conditions of Approval. Commissioner Ross seconded the motion. The motion passed unanimously. 11 65 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 D. Quantum Park Church (USAP 10-001), Quantum Park DRI, Lots 18 and 19. Request approval to allow the conversion of an existing 14,692 square foot flex office building to a church in the Quantum Park Planned Industrial Development (PID) district Applicant: Douglas B. MacDonald, Managing member of 1325 Gateway, LLC. Ed Breese, Principal Planner, reviewed the request of Doug MacDonald for Lots 18 and 19 only. The original Quantum Park Master Plan did not include churches. There would be adequate parking available. The criteria to grant the request is that the proposed use would not be in conflict with the performance standards of the Planned Industrial District (PID) and is consistent with the plan and purpose of the Planned Industrial Development District It was done to assure uses would not be a nuisance or hazard to adjacent properties. It also cannot interfere with the other uses or create any type of hazard. The applicant could easily meet the performance standard requirements. However, staff maintained the property with industrial potential should not be utilized for non-industrial uses, especially when there are other properties within the City that could be utilized. The property was designed to attract industry. Staff determined the requested church use would not be consistent with the Planned Industrial Development Zoning District Therefore, staff recommended denial of the request It was agreed the services offered by the Church would be a benefit to the City. Vice Mayor Hay inquired if alternatives were available. Mr. Breese responded the applicant had already entered into lease negotiations with the owner. Vice Mayor Hay inquired if there was any type of precedent that had been set for a church and Mr. Breese was not aware of any such application. He did note that Boynton Beach High School did lease space for church services on Sundays. Doug MacDonald, majority shareholder of 1325 Quantum Park LLC., President of Quantum Limited Partners and President of Quantum Park Property Owners' Association advised use approvals were needed because the zoning is planned industrial for the entire park. Almost 50% of the space in Quantum Park is now vacant Commissioner Holzman was concerned that Mr. MacDonald had entered into a lease agreement when the planned use was not approved. Mr. MacDonald indicated any negotiations were contingent on getting use approval. Mr. Breese advised the impact would be setting a precedent for allowing churches on other industrial lots Mr. MacDonald stressed the church was a business and bus'! all week long. Mr. MacDonald noted the building was currently being rented for less than the tax and insurance. Mayor Rodriguez suggested the use be granted on a temporary basis. Attorney Cherof explained it would not be possible, that once a use was in, it was in. Mr. MacDonald indicated, if approved, the church would have four and a half years to operate. The Church was a tenant and they paid taxes. Commissioner Holzman established there 12 66 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 was only one industrial building on Gateway. If approved, office space on Gateway Boulevard would be eliminated. Commissioner Orlove inquired about adjacent uses. Mr. MacDonald replied there was a mini-office complex, two charter schools and across the street, Boynton Beach High School. Vice Mayor Hay stressed that Doug MacDonald and his partners had been doing business with the City for many years. He would support the request, but wanted more input from the Pastor. Mayor Rodriguez disclosed he had attended the church and had breakfast with Pastor Hawkins. Mr. Breese advised the building was really flex space so it could be industrial as well as office space. Commissioner Ross disclosed the Church is in District 4 and she did visit the church on a tour of the entire Quantum Park area. She noted it was a facility being used for counseling and church services. Commissioner Holzman clarified the space was zoned for office industrial from the beginning. Over time, the City had allowed other uses. Mr. Breese agreed the park was envisioned as a corporate park - office, industrial, research type uses. Commissioner Ross noted there were 1,200 residential units in the Park. Mr. Bressner recalled it was in 2001 that non-industrial uses were introduced to Quantum Park. John Hawkins, 700 E. Boynton Beach Blvd, Pastor of Center Pointe Church, indicated the site was ideal because of visibility and location. The first section is offices that include the counseling center and is open to the public. The next open area is used as the sanctuary and further open area for kids and offices The Center has created jobs and as people come to the Center they use the restaurants and stores in the area. The proposed use is consistent with the existing uses. The Center employs ten full-time and part-time employees. Mayor Rodriguez indicated he was torn between preserving industrial property and the economic crisis as the property was currently on the tax rolls. Pastor Hawkins advised there was no strategic plan past the five year lease. Commissioner Holzman inquired if other spaces had been considered prior to negotiating with Quantum. Pastor Hawkins advised there were not many available locations. Parking was an issue and the space requirements were a concern. He understood churches got special exemptions. Commissioner Orlove established there were approximately 200 customers a week and the counseling goes on Monday through Friday, Saturday mornings and some evening appointments. Charles Kanter, President of Parkside HOA, indicated the Association was going through difficult times with 15% of the homes in foreclosure and yet managed to survive 13 670f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 and remain solvent. Mr. Kanter supported the Church as long as they did not apply in the future for tax exempt status. Commissioner Holzman inquired if there would be any way to prevent the Church from purchasing the property. Attorney Cherof surmised there would be nothing in the lease that would prevent the acquisition of the property through purchase and there would be no Condition of Approval that could be added. Mr. MacDonald advised there was no option to purchase in the lease. He noted none of the buildings had been sold in Quantum over the last 14 years. Brian Edwards, 629 NE 9th Avenue, questioned if the use could be made so non- industrial can only lease property. He was also concerned about the tax issue, but realized the population in the area was growing substantially and there may be a need. Attorney Cherof advised there would have to be a special exception provision to amend the Code that would need further research. Commissioner Holzman inquired how far from the present location was a permitted use for a church. Mr. Breese replied the zoning on Congress Avenue would accommodate a church. Gonzalo Herrera, resident of the City of Atlantis and real estate broker in the Boynton Beach area, stressed the fact the exterior of the building would remain the same for a consistent look along Gateway Boulevard. The Church was being run as a professional office with some hiring opportunities. There is available parking with easy ingress and egress. Nancy Chandler, 914 NE 7th Street, contended the City was lucky to have an industrial park that was carefully planned and designed to have easy access to 1-95. In the current economic status she felt there were other places that a church could go, but not other places where industry could be established. She saw the park as a bunch of incompatible uses. Mark Karageorge, 240A Main Boulevard, commended staff for their recommendation. The original plan for Quantum included 500 homes and there were now 1,200 housing units. The original plan called for office, industrial and commercial. It was changed to include two schools and the taxpayers paid for the sidewalks, storm drains and sewage, all for the School District. There are currently two education facilities and several non- profits contrary to the original plan. Mr. Karageorge emphasized the plans should not be altered and there are other locations that could be utilized. The industrial and commercial land needed to be preserved. Herb Suss, 1711 Woodfern, pointed out the property was unique and Quantum Park had been good neighbors. The tax monies were needed and he agreed the request should be granted to meet the needs of the people. 14 680f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 Tom McGillicutty, Real Estate Broker and a supervisor for the Quantum Development District, clarified all the owners of the park contributed to the water service management and were self-sufficient with storm water management. He reminded the Commission there is well over 500,000 square feet of vacant industrial building space. Steve Homrich, 690 NE 15th Place, indicated the request was about long-term vision or exceptions. The Church would be a great exception, but did not stay with the long-term vision. It also contradicts staff's recommendation. Pastor Hawkins concluded churches were tax exempt because they provided a benefit to the community. Communities are more than an economy and jobs. It may be time to consider a new vision and realize churches can be unique and visionary to benefit the community. Commissioner Ross's primary concern was the tax issue. The Church and Center did provide a valuable service to the residents, but the location was an issue. Vice Mayor Hay understood staff's decision was based on policy set by the Commission. However, the Commission has the duty to decide each issue on its merits. Mr. MacDonald has been a partner with the City for many years and there would be growth coming to the area. Vice Mayor Hay supported the Church at the present location. Commissioner Holzman agreed with Commissioner Ross that there were too many issues long term with the Church at the current location. The area has had a purpose as an industrial park that should be preserved for the future. Commissioner Orlove agreed with Vice Mayor Hay that different uses have been allowed within the site and the Church does serve a purpose. The location was only part of an existing structure and it appeared that Mr. MacDonald would not be selling the building. Mayor Rodriguez asserted the plan for Quantum Park had been compromised a long time ago. A church would be the only exception he would allow in the Park. Motion Vice Mayor Hay moved to grant the church in the Quantum Park area. Commissioner Orlove seconded the motion. The motion passed 3-2 (Commissioners Holzman and Ross dissenting). E. Healing Grounds (NWSP 10-002), Request approval for a new site plan located at 220 and 226 West Boynton Beach Boulevard for a proposed combination veterinary clinic and accessory human spa with massage therapy and acupuncture consisting of 3,716 square feet of building area on 0.60 acre in a C-2 Neighborhood Commercial zoning district. Applicant: Nancy Keller, DVM. 15 690f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 Ms. Zeitler located the property and reviewed the request for a new site plan. The two houses presently at the site would be demolished. The applicant would be relocating from NE 3rd Street. The plans are for a veterinary clinic including acupuncture and salt- water pool for therapy. No outdoor kennels or animal boarding would be allowed except overnight stays for animals being treated. There would be two rooms for human massage and acupuncture. It would be a green sustainable project and Leadership in Energy and Environmental Design (LEED) certified. Landscaping and open space would comprise 40% of the site, Staff and the Planning and Development Board recommended approval subject to 17 conditions of approval. Annie Carruthers, an architect with In Site Design Group, represented White Elks Enterprises, the owner. She reviewed several drawings of the proposed buildings and site that showed the required setbacks and parking were exceeded. The developer was seeking LEED certification. No variances were sought and the applicant agreed to all Conditions of Approval. The Clinic would be holistic healing for pets. Victoria Castello remarked it sounded like a great idea for pets and their owners. Commissioner Ross noted the property was within the CRA district. On behalf of the Green Community Alliance, Commissioner Ross commended the project and the applicants. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Commissioner Orlove inquired how many similar establishments treat animals as well as humans with holistic medicines and techniques. Bridget Keller, 3181 NE 16Sth Street, replied the Clinic would be the only one of its kind. Dr. Keller had been practicing holistic medicine for animals for 23 years. It would educate both the animals and the owners about general wellness and health. The motion passed unanimously. F. Confirm continuation of "Notice of Intent" (NOI) and support for the planning study of impacts and regulations related to adult entertainment uses. Attorney Cherof explained this was step 2 of the process that began in February, 2010 to commence a planning and study period on the impact of adult entertainment uses. It was before the Commission for public comment. Brain Edwards, 629 NE 9th Avenue, was impressed with the progress made in shutting down adult entertainment establishments. He was concerned with the definition of adult 16 700f735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 entertainment and the parameters. Attorney Cherof explained the definition in the Code defines it as, "any commercial enterprise which predominately limits admission to adults only, owing to the sexual nature of the merchandise or entertainment. It includes adult book stores, adult theaters, adult lounges, adult health studios, adult motels and hotels with nude bottomless or topless entertainment or employees." The definition is consistent with the County Code. Mayor Rodriguez indicated he was proud of the City, Police and staff who have been instrumental in closing the establishments as it was critical to the survival of Federal Highway. Motion Commissioner Orlove moved to support. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cheraf explained staff would continue to conduct the study without deviation and report back to the Commission. G. Confirm continuation of "Notice of Intent" (NOI) and support for the planning study of regulations related to pain management clinics and other uses which dispense prescription pain medications. Attorney Cherof advised this was an issue before the State Legislature and may be decided before staff can complete the study. The matter was opened for public comment. Don Scantlan, 13 Cedar Circle, related the County was also taking action to restrict any new growth or business of this type. Commissioner Orlove inquired about the number of facilities currently within the City and Mike Rumpf, Planning Director, estimated there were two or three in existence in the City. John McGovern, 2620 Spiceberry Lane, stressed it was a serious issue and he had personal experience with families torn apart. He urged the Commission to pursue the problem with as much energy as possible for the sake of children and families Mayor Rodriguez strongly believed the matter should be moved forward. Commissioner Ross thanked Mr. McGovern for his comments and insight into a very complex problem. 17 71 of735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Motion Commissioner Ross moved to confirm or support the continuation of "Notice of Intent" for the planning study of regulations to pain management clinics. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Informational item regarding an automatic mutual aid agreement between Palm Beach County and Boynton Beach Fire Rescue Departments. Chief Bingham congratulated the newly elected officials. He reviewed the history of the mutual aid agreement with Palm Beach County Fire Rescue, Delray Beach and Boca Raton that had been approved in September 2009. The agreement allows mutual aid fire protection or, if already engaged, to provide full protection. Mutual aid responses are not generally automatic. The proposed agreement would permit a department to automatically respond to another jurisdiction in place of the department within that jurisdiction. The areas involved are small pockets on the barrier islands, around Briny Breezes, that are County property. Both Boynton Beach and Palm Beach County currently have properties in the area that they cover. It was discovered Palm Beach County had some significant response times to get to the area driving past two Boynton Beach Fire Stations. There were a total of 58 calls to the areas in question with an average response time of 11.19 minutes for the County. There were three pockets involved. One, involved a bank and real estate office on the west side of A1A just north of Briny Breezes; two, consisted of a gas station at the corner of Cordova and A1A; and three, is immediately south of Briny Breezes that includes 100 parcels with 241 addresses for three high-rise buildings. The County has provided the City of Boynton Beach with all the pre-fire plans for all the buildings. Water service is already provided by the City of Boynton Beach to the area. The City would not be responsible for Code compliance or fire inspections, but the Department would work with the County to rectify any issues. The City of Boynton Beach would be the primary responders to the area. Mayor Rodriguez inquired if there would be any impact on the citizens of Boynton Beach. Chief Bingham replied units are shifted around on a daily basis to cover all zones during any emergency. The mutual aid agreements that are currently in effect would cover such instances and ensure the City of Boynton Beach had full coverage. Vice Mayor Hay established additional manpower would not be required. Mr. Bressner noted the City would receive revenue for EMS calls. 18 72 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16,2010 Mayor Rodriguez suggested there be discussion between the County and Delray Beach to provide service to the pocket south of St. Andrews Club since Delray provides fire service for the Town of Gulfstream which adjoins the third pocket area. B. TIME CERTAIN TO BE HEARD AT 7:30 PM - TABLED from 2/16/10 - Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (RECOMMEND ITEM BE TABLED TO APRIL 20,2010 OR LATER DATE.) C. Affirm that portion of Resolution No. R10-028 authorizing the submission of an amendment to the Department of Housing and Urban Development (HUD) Application and Substantial Amendment to the Neighborhood Stabilization Program (NSP) regarding the $400,000 previously allocated to the Community Redevelopment Agency (CRA) for the purpose of providing homebuyer subsidies for the Ocean Breeze Development Project. Mayor Rodriguez explained this was an allocation from a grant to the CRA from the City. Mr. Bressner recalled the CRA would keep custody of the monies as part of the Neighborhood Stabilization Program. The $400,000 would be used as an adjunct to the Ocean Breeze agreement or alternatively stay within the Heart of Boynton. Either way the grant application would need to be amended to other eligible activities. The CRA staff and City Staff would need to agree on the eligible uses for the money. Commissioner Holzman cautioned that all deadlines be met. 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments, City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to April 2010). B, Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS None 13. LEGAL None 14. UNFINISHED BUSINESS 19 73 of 735 Meeting Minutes Regular City Commission Boynton Beach, FL March 16, 2010 None 15. ADJOURNMENT Commissioner Ross congratulated the new officials on their election and the completion of their first meeting. Mayor Rodriguez thanked the Commission for a cordial meeting and looked forward to more in the future. There being no further business to come before the Commission, Mayor Rodriguez adjourned the meeting at 9:25 p.m. CITY OF BOYNTON BEACH Jose Rodriguez, Mayor Woodrow L. Hay, Vice Mayor William Orlove, Commissioner Steve Holzman, Commissioner ATTEST: Marlene Ross, Commissioner Janet M. Prainito, MMC City Clerk I ~tk( c-;Z J"k :Judith A. Pyle,jiMC Deputy City Clerk 20 740f735 6.B CONSENT AGENDA April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM [gI CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the Budget Status Report of the General Fund and the Utility Fund Revenues and Expenditures for the five (5) month period ended February 28, 2010. EXPLANATION OF REQUEST: This is the monthly financial report for the period thru February 28. 2010. As in prior monthly reports, we are summarizing and providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for the five month period ended February 28, 2010. The analysis compares . Actual results for the current period to the annual budget and . Actual results for the same period of the prior year annual budget. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The report is one of the financial reporting services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. FISCAL IMPACT: The fiscal impact of the actual budgetary results to date for the General Fund and the Utility Fund follow. GENERAL FUND The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009 budget of $73.9 million. However, in order to balance the budget in FY 2010, it required the following two non-revenue funding sources. . A fund balance appropriation of $3.5 million and 750f735 . Transfers from other funds of $22.4 million representing 31 % of all fund sources. This is an unusually high 36% of our total budget. For the five months (42%) of FY 2010, . Revenues and transfers realized are $40.7 million (56%) of the budget estimate. . Expenditures incurred are $26.2 million (36%) of the annual appropriated budget. Revenues & Transfers Expenditures Excess (Deficit) FY 2010 Annual Actual to Date Budget Amount % $ 72,537 $ 40,750 56% $ (72,537) $ (26,205) 36% $ - $ 14,545 FY 2009 Annual Actual to Date Budget (*) Amount % $ 73,963 $ 39,805 54% $ (73,963) $ (31,137) 42% $ - $ 8,668 FY 2010 vs. 2009 Budget Actual % % -2% 2% -2% -16% (*) The FY 2009 budget represents the final amended budget for the year. The original budget for the year was $70.7 million as noted on Exhibits A and B. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund to the General Fund for operating expenditures. The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $40.7 million received to date, we are slightly ahead, but generally on track for receiving estimated funding sources; both at this point in time during the fiscal year and in comparison to last year for individual sources. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 26.0 M - Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 M - Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. We initiated this midway last year. 3. 28% - $ 20.6 M - We monitor all other revenues closely comparing to last year. 100% - $ 72.5 M - Total funding sources Expenditures (Exhibit B) - General Fund expenditures to date are $26.2 million (36%) of the $72.5 million expenditure appropriation for FY 2010. The current appropriation represents a 2% decrease of $1.4 million compared to FY 2009. The graph at the bottom of Exhibit B displays actual expenditures of $26.2 million are on track with the budget yet below the $31.1 million actual spending levels in FY 2009 for this same period. 760f735 UTILITY FUND The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year. . Necessary rate increases were approved and put in place on May 1 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit. . Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15%. For the five months (42%) of FY 2010, . Revenues realized are $14.0 million (42%) of the annual budget estimate. . Expenditures incurred are $12.2 million (37%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $1 ,778 thousand. Revenues Expenditures Excess (Deficit) The following provides brief comments on revenues and expenditures to date. FY 2010 Annual Actual to Date Budget Amount % $ 33,034 $ 14,003 42% $ (33,034) $(12,225) 37% $ - $ 1,778 FY 2009 Annual Actual to Date Budget Amount % $ 35,442 $ 14,276 40% $ (35,442) $(12,991) 37% $ - $ 1,285 FY 2010 V5. 2009 Budaet Actual % % -7% -2% -7% -6% Revenues (Exhibit C) - The $14.0 million in FY 2010 revenues and fund balance appropriation when compared to same period for FY 2009 results in excess revenues of $1.8 million, note: . Water Sales - $7.0 million = 45% of the annual estimate, compared to $4.8 million at this point in FY 2009. This $2.2 million difference results from water rate increases are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009. . Last year in FY 2009, $2.0 million of fund balance appropriation was recognized as a funding source. However, this year in FY 2010, we are recognizing a return to fund balance of $1.0 million. The May 1, 2009 water and sewer rate increases provided for adequate bond debt service 770f735 coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) - Utility Fund expenditures to date are $12.2 million or 37% of the annual appropriation compared to the 42% portion of the current FY 2010 elapsed budget period. Individual percentage variances are noted on Exhibit D noting that all departmental accounts are operating within their budget at this point in the year. ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. Also, the City Budget team is meeting for the 2010-11 Budget/Five Year Financial Plan. We expect to have preliminary taxable value information from the Palm Beach County Property Appraiser by the end of April. We are projecting a 15% drop in taxable value for 2010. The final numbers are released in late June but because all the municipalities and the county are dependent on property tax revenues, the Property Appraiser has been providing earlier and preliminary data to governmental units. 78 of 735 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES. COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended February 28, 2010 (42% of Fiscal Year) REVENUES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES $ 30,343,000 $ 25.706,475 85% $ 35,013,460 29,136,755 83% LESS TlF TAXES TO CRA (4.258,000) (4,238,364) 100% (5 243,820) (5.243,820) 100% NET TAXES TO THE CITY 26,065.000 21,468.111 82% 29,769.640 23,892.935 80% LICENSES AND PERMITS FRANCHISE FEES 4.820.000 2.173.406 45% 5,121,000 1.172,802 23"" BUSINESS TAXES 1.217,000 1,267,616 104% 1.391.000 1,312,898 94% BUILDING PERMITS 835,000 96.647 12% 3,950.000 374,025 9% OTHR LICENSES. FEES" PER 205,000 135,888 66% 196,000 126,383 64% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 773,000 8,013 1% 210,000 5.732 3% STATE SHARED REVENUES 5,785,000 2.475,254 43% 6,657.000 2,278,711 34% SHRD REV FROM OTHR LCL 515,000 82.357 16% 505.000 89,363 HI% STATE GRANTS 0% 0% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 86,000 81,151 940/. 86,000 92.768 108% CHRG5-GENERAL GOVT 293,000 121,301 41% 290,406 118.007 41% PUBLIC SAFETY 4,345,000 1,625,535 37% 4.236,925 1.701,501 40% PHYSICAL ENVIRONMENT 605 0% 5,000 6,765 0% CULTUR~RECREATlON 284.000 115.570 41% 312.000 123,271 40% INTEREST" MISC REVENUE VIOLATIONS LOCAL ORD. 146,000 58,392 39% 103.000 54,547 53% INTEREST EARNINGS 757,000 174,758 23% 1,100,000 230,891 21% RENTS AND ROYALTIES 216,000 89,020 41% 234,000 68,684 29% SALE OF SURPLUS MATERIAL 3,000 364 12% 3,000 25.218 841% LIBRARY FINES 30.000 12,556 42% 0% OTHER MISC. REVENUE 217,000 45.911 21% 377.000 40.453 11% INTERNAL FUND TRANSFERS TRANSFERS 22.423,334 9.259,723 41% 11,612,000 6,161.111 53% FUND BALANCE APPROPRIATED 3.500,000 1,458,333 42% 4,630.000 1,929,167 42% Total Revenues $ 72.537,334 $ 40.750,511 56% $ 70,788.971 39.805.232 56% S!l[IJJ(X) Two Year Cumulative Revenue Comparison and CFY Budget. ($ In thousands) $72.537 S71lJXXl .'.6\Ul(lll S"'O.()(XI $52.7~...x .... 54".41-1 X-- ,,' $-W::~ ..x ~ $~~'~~:I ~~1 $_'\(l.t~.,;'';'''' ,- .'^3h,.}'7H ,'" " " :1::.)....""" S211.966:X :, ., : I .-, .-, .-, .- , .- , ':,40.000 S30.flOO 520.000 .<.II l.O()(l ~, Oct No\' Scp De<: Jail Feb Mar Apr vtay Jun Iul Au!:,! - ~- . Cumulative 09 Actual . . .)1::.. Cumulative 10 Actual _ Projected 10 Rudget S;\FirJ<lftl;c\FimIllCll1l !/."(l<lrl,'.""llllhly Fin;u1l'illl R"f"lf1.,\FY:!(JlJ'}_~lHO\Bud~d W~~i~lO. (iF .Ihft, h.h [1I "llmmllriN~IOOI Rnel1ll.: Sum0l3~ f(CVlo,t'd 790f735 ,/X/201l1 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended February 28, 2010 (42% 01 Fiscal Year) EXPENDITURES FY 2010 FY 2010 TO DATE 'Y 2009 FY 2009 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 251,816 $ 111.261 44% $ 423,814 $ 179.343 42% CITY MANAGER 609.667 217,978 36% 639,605 249,305 39% CITY HALL/GEN. ADMIN, 1,710.091 620,815 36"'" 1,936,072 660,438 34% PUBLIC AFFAIRS 148,760 50,711 34% 182,064 59.755 33% CITY CLERK 566,184 180,834 32% 558,899 198,809 36% CITY ATTORNEY 468,486 222,446 47% 480,375 175,003 36% FINANCIAL SERVICES 1 ,230,307 449,279 37% 1,247,864 539,167 43% ITS 1,752,573 611,322 35% 1 ,866,388 786,303 42% GEOGRAPHICAL INFO SYSTEMS 429,734 171,340 40% 430.164 156,375 36% HUMAN RESOURCES 1,003,256 353.043 35% 989,804 380,033 38% ORGANIZATIONAL DEVELOF 163,320 47,074 29% 198,891 50,570 25% PUBLIC SAFETY COMMUNICATIONS 2,112,163 781 ,667 37% 2,384.971 878,379 37% POLICE 24,709,489 8,842,536 36"'" 24,321,484 10,821.525 44% CODE COMPLIANCE 1,145,398 474,On 410/0 1,261,445 480,361 38% FIRE 19,378.362 6,916,180 36% 15.539.222 8.372,127 54% EMERGENCY MANAGEMENT 113,430 23,144 20% 116,300 30,648 26% ANIMAL CONTROL 189,965 56,227 30% 201,023 74,178 37% BUILDING & DEVELOPMENT DEVELOPMENT 418,153 161,096 39% 412,826 185,079 45% BUILDING 1,901.548 684,415 36"/. 2.368,088 835.048 35% ENGINEERING 903.633 340,323 38% 937,154 383.122 41% PLANNING & ZONING 932,393 341,052 37% 991.450 408.821 41% BUSINESS TA~ 301,380 109.863 36% 297,936 123,840 42% PUBLIC WORKS PUBLIC WORKS 296,696 108.619 37% 296,412 136.914 46% FACILmES MANAGEMENl 1.792,831 698,056 39% 2.009.496 719,645 36% STREETS MAINTENANCE 1,005,637 308,858 31% 1,175,287 378,675 32% LEISURE SERVICES LIBRARY 2,518,134 885,503 35% 2,600,620 975,929 38% RECREATION 2,623,280 881,939 34% 2,n1,735 1,123,249 41% FORESTRY & GROUNDS 1.647,828 479,261 29% 1.824,643 572,499 31% PARKS MAINTENANCE 2,212,820 831,190 38% 2.324.939 1.024.687 44% CRA REIMBURSABLE & RESERVE~ 244.380 0% 176,792 0% Tolal Expenditures $ 72 537 334 $ 26,204,488 36% $ 70 788.971 $ 31,136.620 44% ~xo_ooo $70.00lJ ~60'(IOIJ S50,{XK) ..x/ - ....,.,.- $5tl.42S: X/ ..._...-- $51,766 ~40.00lJ 530.000 I I S20,{)O(l $2b.5C~ ..,-'.... X ,)I( $21,311 Sn:4 .' ..' . $l.'r _-x- ,~. .- '..x---- .,,' <)1-',U5 ..-",- x-- $10.000 ';0 Dc' Kov De, Jan Feh Mar May Jun Apr Jul Aug: Sep X Cumulative 09 Actual ::!: Cumulative 10 Actual --+-- Budget 2010 i S:iFillllIlC('\Filllllli:lal R...rorh\Monthlv l-llUlJk::wl R~I'llm.,,\FY2UOq 201O\Budf'Cl Rl'vicv. . (;F - lilru Fell IOSUHlllllJnlCo:J(IOII:xpendillll1' Sumnlllr\' Rc'"i.(-tl 800f735 <.W201O EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTIUTY FUND ANAL VSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Vaar Period Ended February 28, 2010 (42% of Fiscal Vaar) REVENUES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 15,715,140 $ 7.022,216 45% $ 12,100,000 $ 4,823.028 40% WATER CONNECTION FEE 80.000 8,035 10% 80.000 8,100 10% WATER SERVICE CHARGE 275.000 161,141 59"'" 200,000 102,120 51% WTR,BACKFLOW PREVNTR TEST 36.000 10,517 29% 19,583 ".'" RECLAIMED WATER SALES 50.000 0% 0% SewER SERVICE 15,675,150 6,328,248 40% 13,825,000 5,821.218 42% STORMW A TER UTILITY FEE 3,315,000 1.428,761 43% 3.315,000 1,378,733 42% TELEVISE SEWER LINES 1.000 ".'" 10.000 0% FEES 5.000 1,732 35% 50.000 0% INTEREST INCOME 220,000 22.438 10% 840.000 35.216 4% SALE OF SURPLUS EQUIP. 1.000 0% 1,000 0% OCEAN RGE UT TAX ADM CHG 500 256 51% 500 172 0% BAD DEBT RECOVERIES 1.500 925 62% 3.000 437 16% MISCELLANEOUS INCOME 22.000 3.065 14% 30.000 8,945 30% TRANSFER FROM 101,000 42,083 42% 101.000 42,083 42% FUND BALANCE APPROPRIATED (INCR.) (2 464,0371 (1 ,026,682) 42% 4887.153 2,036,314 42% TOTAL REVENUES $ 33,034,253 $ 14.003,334 42% $ 35,442,653 $ 14.275.949 40% ~.IO.(Ol Two Year Cumulative Revenues Compari~on and CFY Budgel - ($ in thousands) /,/~."'" ,,,X~~4 ~~( $33.0301- ,/ /,/X,I.'" ,/'X~" "" X~~'4 ,-...,' . ,.~X"" ",--' i ~JUJM)(J ~HUJOO : 1;,2{]JU} ", Oct I"O\' Do.-c Jan FI:b Mar Apo May lUll ),1 Aug Sl:p r=-':'~-=<::umulative 09 A'clual ')1(" Cumulative 10 Actual ---+--- Budgel20IO S:\Flnance\Financial Aepor-ts\Monthly Financial ReporlS'J'Y2009_2010\BudQet RevlElw - UF - Ihru Feb 10 SUmmarized401 Rev Sum 810f735 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended February 28, 2010 (42% of Fiscal Year) EXPENDITURES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,507,154 $ 558,785 37% $ 1.687,111 $ 641 ,085 38% PUBLIC WATER TREATMENT 6,516,602 2.256,576 35% 6.672,154 2,547,138 38% METER READING & SERVICES 1.051,402 336,886 32% 1.209,520 383,472 32"10 WASTEWATER COLLECTION 1,654,560 654,391 40% 1.794,768 686,502 38% WASTEWATER PUMPING STATNS 2,487,958 879.507 35% 2,574.901 927,952 38% SEWAGE TREATMENT 3,421 ,600 1.183,718 35% 4,505,000 1,338,279 30% WATER QUALITY 572.069 207.596 38% 578,888 234,287 40% UTILITY ADMINISTRATION 1,884,606 617,390 33% 2,011,468 737,599 37% GENERAL ADMINISTRATION 5,525,535 2,173.442 39% 5,727,921 2,053,004 38% UTILITES ENGINEERING 1 ,220,704 449.444 37% 1,274,598 513,519 40% STORMWATER MAINTENANCE 614,239 186,695 30% 899,485 233.749 26% CUSTOMER RELATIONS 1.215,189 470,565 39% 1,202.174 480,254 40% DEBT SERVICE 5 362 635 2,249,970 42% 5 304 665 2.214.330 42"10 Tolal Expenditures $ 33,034,253 $ 12.224,966 37"10 $ 35,442,653 $ 12,991,171 37% j,..t!l.OO(l Two Year Cumulative Expenditures Comparison and CI'Y Budget. ($ in thuusands) $1O,f.'O /x ,,,.,,., ...........~:U,,(j.:7 ~.x~-~ -",,- ~~-".()::::? .........><s.:!;.9~O ......X'~~~~ ............. .........,.....X'!;11J(..:.~ _-X~I~ ;:0;0 $30.000 $20.000 '" Oel Nov Dee J", l-cb M", Api May Juo Jut Au~ Sep ~Curnulative -09 Act~al ..,*.. Cumulative 10 Actual --+-Bud~et 2010 S:\Finance\Financial AeportslMon1hly Financial Reports\FY2009 2010\.8OOgel Review - UF - thru Feb 10 Summanzed401 EJ(p Sum 820f735 6. C CONSENT AGENDA April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 ~ CONSENT AGENDA LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION R10-037 - Adopt the Palm Beach County Unified Local Mitigation Strategy (LMS) Plan. EXPLANATION OF REQUEST: Section 322 of the Stafford Act, as enacted by the Disaster Mitigation Act of 2000, was created to establish a national disaster hazard mitigation program to reduce the loss of life and property, human suffering. economic disruption, and disaster assistance costs resulting from disasters, and to assist state, local and Indian tribal governments in implementing effective hazard mitigation measures to ensure the continuation of critical services and facilities after a natural disaster. As a condition for qualifying for and receiving future Federal mitigation assistance funding. state and local governments must have Federal Emergency Management Agency (FEMA) approved hazard mitigation plans in place that identify the natural hazards that could impact their jurisdictions. identify actions and activities to mitigate the effects of those hazards, and establish a coordinated process to implement plans. The purpose of the Palm Beach County Unified Local Mitigation Strategy (LMS) is to develop a unified approach among County and municipal governments for dealing with hazards and for county-wide mitigation planning. The LMS was formally adopted by the county, municipalities, and the LMS Steering Committee in 1999. Initial development of the LMS was funded, in part, by the Florida Department of Community Affairs (FDCA) with Federal Emergency Management Agency (FEMA) funds earmarked for the development of comprehensive hazard mitigation planning. The LMS was established and continues to operate in accordance with prevailing federal, state and local guidelines and requirements. The plan must be amended every five (5) years, and in 2004 the plan and program were substantially modified to improve operational effectiveness and to comPly with new federal guiee#nes established in response to the Disaster Mitigation Act of 2000. 830f735 The LMS assists with reducing the City's vulnerability to identified natural, technological and societal hazards. The implementation of the LMS program is a City-wide responsibility. Adoption of the LMS assists the City in reducing our Community Rating System (CRS) rating which in turn increases the percentage discount on flood insurance for our residents. Due to our participation in the LMS, the City's CRS rating has dropped from an '8' to a '1' which corresponds to a 15% discount on flood insurance for residents. Attached is a summary document of the LMS. The document in its entirety (524 pages- 8.02MG) can be viewed at the following website: www.pbcqov.com/publicsafetv/emerqencvmanaqement/resources/pdf/2009LMS Plan. pdf How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will modify its standard operating procedures to adopt the County-wide LMS program. The City will also pursue available funding opportunities for implementation of proposed mitigation initiatives described in the Plan, and upon receipt of such funding or other necessary resources, seek to implement the actions in accordance with the mitigation strategies set out by the plan. FISCAL IMPACT: The LMS program will be implemented with current staffing and budget, and staff will research and apply for available grant funding opportunities. ALTERNATIVES: Not to adopt the LMS would cause the City to lose its voting rights in the future planning process and cause the City to be ineligible for future mitigation assistance. 840f735 RESOLUTION NO. RIO - 037 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACH TO APPROVE AND ADOPT THE 2009 REVISED PALM BEACH COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County is susceptible to a variety of natural and man-made disasters; and WHEREAS, the Disaster Mitigation Act of 2000, was enacted to establish a national disaster hazard mitigation program to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from disasters, and to assist state, local and Indian tribal governments in implementing effective hazard mitigation measures to ensure the continuation of critical services and facilities after a natural disaster, and WHEREAS, the Disaster Mitigation Act of 2000, as a condition for qualifying for and receiving future Federal mitigation assistance funding, requires such governments to have Federal Emergency Management Agency approved hazard mitigation plans in place that identify the natural hazards that could impact their jurisdictions, identify actions and activities to mitigate the effects of those hazards, and establish a coordinated process to implement plans; and WHEREAS, Palm Beach County's Local Mitigation Strategy, in coordination with governmental and non-governmental stakeholders having an interest in reducing the impact of natural disasters, and with input from the private sector and other members of the public, developed and revised the Palm Beach County Unified Local Mitigation Strategy; and WHEREAS, the 2009 revised Unified Local Mitigation Plan has been approved by the Florida Division of Emergency Management and the Federal Emergency Management Agency subject to adoption by the County Board of County Commissioners; and 850f735 WHEREAS, the LMS Steering Committee recommends the formal adoption of the 2009 Revised Unified LMS Plan, including planned future enhancements described therein, by the County and all 38 participating municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City of Boynton Beach hereby approves and adopts the 2009 Revised Unified Local Mitigation Strategy Plan (attached hereto as Exhibit A) in its entirety, as revised by the LMS and approved by the Palm Beach County Board of County Commissioners, the Florida Division of Emergency Management and the Federal Emergency Management Agency. Section 3. The City of Boynton Beach authorizes the appropriate City of Boynton Beach Officials to pursue available funding opportunities for implementation of proposed mitigation initiatives described in the Plan, and upon receipt of such funding or other necessary resources, seek to implement the actions in accordance with the mitigation strategies set out by the plan. Section 4. The City of Boynton Beach will continue to support and participate in the LMS planning and implementation process as required by FEMA, the Florida Division of Emergency Management, and the Palm Beach County LMS Steering Committee. Section 5. The City Commission directs the City of Boynton Beach Clerk to transmit an original of the executed Resolution to the Palm Beach County Division of Emergency Management, attention LMS Coordinator (712-6481), for filing in the Office of the Clerk and Comptroller. Section 6. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jose Rodriguez 860f735 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steve Holzman Commissioner - Marlene Ross 870f735 r , (' PALM BEACH COUNTY UNIFIED LOCAL MITIGATION STRATEGY 2009 r 880f735 TABLE of CONTENTS PART 2: PLAN SECTIONS Paae 1.0 PURPOSE AND PROGRAM OVERVIEW............................................................... 1- 1 1.1 INTRODUCTION ............................................................................................1-1 1.2 PURPOSE ...................................................... ..... ...........................................1-1 1.3 PROGRAM ORGANIZATION ......................................................................... 1-1 1.3.1 ORIGINAL LMS STRUCTURE.............................................................. 1- 1 1.3.2 REVISED LMS STRUCTURE ...............................................................1-2 1.4 LMS PARTICIPATION REQUIREMENTS....................................................... 1 -4 1.5 JURISDICTIONAL ADOPTION OF THE LMS.................................................1-5 1.6 NEW JURISDICTIONS/ENTITIES ..................................................................1-6 2.0 GUIDING PRINCiPLES......... ........ ...... ........... ..... ..... .... ..... ..... ........... .................. .. .2-1 2.1 METHODOLOGy............ ..... ....... ............. ................. ........ .... .... .... ........ ..........2-1 2.2 PROCESS ........ ...... .... ......... ............ ....... ...... .... ...... ....... ................ ............. .... 2-2 2.3 MITIGATION STRA TEGIES............................................................................ 2-3 2.4 MITIGATION GOALS AND OBJECTIVES ......................................................2-3 2.4.1 GOALS... ..... ..... .... .............. ...... ................. .......... .... .... .............. ..........2-3 2.4.2 OBJECTIVES... ................ ........ ........... ............... .... ............. ................2-4 2.4.3 BENEFITS.... ..... ................. ...... ..... ...... ........ ... ........ .......... ................... 2-4 3.0 HAZARD IDENTIFICATION AND VULNERABILITY ANALYSIS ...........................3-1 3.1 HAZARD IDENTIFICATION ........................................................................ ...3-1 3.1.1 NATURAL HAZARDS.......................................................................... 3-2 3.1.1.1 FLOODING ........................................................................3-3 3.1.1.2 HURRICANE/TROPICAL STORM .....................................3-8 3.1.1.3 TORNADO ....................................................................... 3-16 3.1.1.4 SEVERE THUNDERSTORM/LIGHTNING .......................3-18 3.1.1.5 DROUGHT .......................................................................3-19 3.1.1.6 EXTREME TEMPERATURES.......................................... 3-22 3.1.1.7 AGRICULTURAL PEST AND DISEASE........................... 3-24 3.1.1.8 WILDFIRE/URBAN INTERFACE ZONE........................... 3-25 3.1.1.9 MUCK FIRE .....................................................................3-27 3.1.1.10 SOIUBEACH EROSION ..................................................3-27 3.1.1.11 SEISMIC HAZARDS ............................................,...........3-29 3.1.1.12 GEOLOGIC HAZARDS ........................................,........... 3-30 3.1.1.13 EPIDEMICS ..................................................................... 3-30 3.1.2 TECHNOLOGICAL HAZARDS .......................................................... 3-34 3.1.2.1 DIKE FAILURE ................................................................3-34 3.1.2.2 HAZARDOUS MATERIALS ACCIDENT........................... 3-34 3.1.2.3 RADIOLOGICAL ACCIDENTS ......................................... 3-35 3.1.2.4 COMMUNICATIONS FAILURE........................................3-36 3.1.2.5 HAZARDOUS MATERIALS RELEASE ............................3-36 3.1.2.6 TRANSPORTATION SYSTEM ACCIDENTS ................... 3-37 3.1.2.7 WELLFIELD CONTAMINATION ...................................... 3-38 3.1.2.8 POWER FAILURE (OUTAGES)....................................... 3-39 Page 1 89 of 735 TABLE of CONTENTS ( Continued) Paae 3.1.3 SOCI ET AL HAZARDS....................................................................... 3-40 3.1.3.1 CIVIL DiSTURBANCE...................................................... 3-40 3.1.3.2 TERRORISM AND SABOTAGE....................................... 3-40 3.1.3.3 IMMIGRATION CRISIS .................................................... 3-42 3.2 VULNERABILITY ASSESSMENT ................................................................. 3-42 3.2.1 NATURAL HAZARDS........................................................................ 3-43 3.2.1.1 HURRICANES AND TROPICAL STORMS ......................3-43 3.2.1.2 FLOODING ...................................................................... 3-45 3.2.1.3 SEVERE THUNDERSTORM/LIGHTNING .......................3-46 3.2.1.4 WILDFIRE/URBAN INTERFACE ZONE........................... 3-46 3.2.1.5 MUCK FIRE ..................................................................... 3-47 3.2.1.6 TORNADO ....................................................................... 3-47 3.2.1.7 EXTREME TEMPERATURES.................................,........ 3-47 3.2.1.8 COASTAL AND BEACH EROSION .................................3-48 3.2.1.9 AGRICULTURAL PEST AND DiSEASE........................... 3-48 3.2.1.10 DROUGHT .......................................................................3-48 3.2.1.11 EPiDEMiC................................................................ ........ 3-48 3.2.1.12 SEISMIC HAZARDS ........................................................3-49 3.2.2 TECHNOLOGICAL HAZARDS .......................................................... 3-49 3.2.2.1 HAZARDOUS MATERIALS ACCIDENT...........................3-49 3.2.2.2 RADIOLOGICAL ACCiDENTS......................................... 3-50 3.2.2.3 COMMUNICATIONS SYSTEM FAILURE ........................3-51 3.2.2.4 TRANSPORTATION SYSTEM ACCIDENTS ...................3-51 3.2.2.5 WELlFIElD CONTAMINATION ......................................3-52 3.2.2.6 POWER FAILURE ...........................................................3-52 3.2.3 SOCIETAL HAZARDS ..... ...... ........... ..... ..... ........... .......,.... ,.... ........ ...3-52 3.2.3.1 CIVIL DiSTURBANCE...................................................... 3-52 3.2.3.2 TERRORISM AND SABOTAGE....................................... 3-52 3.2.3.3 IMMIGRATION CRISIS .................................................... 3-52 3.2.4 VULNERABILITY OF CRITICAL FACiLITIES.................................... 3-53 3A VULNERABILITY OF CRITICAL FACILlTIES..............................................3A-1 3B COUNTYWIDE MITIGATION INITIATIVES .................................................3B-1 3.3 RISK ASSESSMENT ................. ................,..................... ............................. 3-53 4.0 INVENTORY AND EVALUATION OF EXISTING HAZARD MANAGEMENT GOALS, POLICIES, PROCEDURES, ORDINANCES, PROJECTS, AND ACTIVITIES ........4-1 4.1 GOVERNMENTAL ......... ............ ..... ..... ....... ......... ........ .... ........................ .... .4-1 4.1.1 FEDERAL .......................................................................,..................4-1 4.1.2 STATE ................................... ............................................. ..............,4-2 4.1.3 REGIONAL ........................................................................................4-3 4.1.3.1 TREASURE COAST REGIONAL PLANNING COUNCIL ......4-3 4.1.3.2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT........4-4 4.1.4 LOCAL.... .... ..... ....... .....,......... ............. ......... .... ............ ........... ...... .... 4-5 4.1.4.1 PALM BEACH COUNTY .......................................................4-5 4.1.4.2 MUNICIPALITIES.. ..... ................. .... ....... ...... ............... ........4-26 Page 2 900f735 TABLE of CONTENTS (Continued) Paae 4.1.5 INTERGOVERNMENTAL COORDINATION ....................................4-31 4.2 PRIVATE SECTOR BACKGROUND AND ANALYSIS ................................4-34 4.2.1 BACKGROUND ......... ..... .... ...... ..... .... ....... ........ .... ............. ........ ...... 4-34 4.2.2 ACCOMPLISHMENTS.. ... .....,... ......... ...... ................. ....... ...... ..........4-35 4.2.2.1 OBJECTIVE 1.....................................................................4-35 4.2.2.2 OBJECTIVE 2.. .......... ...... ....... .... ......... ....... .... ..... .....,.. .......4-36 4.2.2.3 OBJECTIVE 3 .....................................................................4-37 4.2.2.4 OBJECTIVE 4.. .......... ............. .... ................ .... ..... ...............4-38 4.3 STRENGTHENING THE ROLE OF LOCAL GOVERNMENTS....................4-39 5.0 PROJECT PRIORITIZATION METHODOLOGy..................................................... 5-1 5.1 DEVELOPMENT AND RATIONALE .............................................................. 5-1 5.1.1 COMMUNITY BENEFIT ..................................................................... 5-3 5.1.1.1 COMMUNITY RATING SYSTEM CREDIT ............................ 5-3 5.1.1.2 PROJECT BENEFIT .............................................................5-4 5.1.1.3 COMMUNITY EXPOSURE ...................................................5-4 5.1.1.4 COST EFFECTiVENESS...................................................... 5-5 5.1.2 COMMUNITY COMMITMENT ........................................................... 5-7 5.1.2.1 CONTAINED WITHIN THE EXISTING GROWTH MANAGEMENT PLAN ..........................................................5-7 5.1.2.2 CONTAINED WITHIN AN EXISTING EMERGENCY MANAGEMENT PLAN OR OTHER GOVERNING DOCUMENT.... ............ ......... .... ........ .......... ............ ..............5-7 5.1.2.3 PUBLIC SUPPORT ............................................................... 5-8 5.1.3 PROJECT IMPLEMENTATION.......................................................... 5-8 5.1.3.1 CONSISTENCY WITH EXISTING REGULATORY FRAMEWORK ..... ....... ......... ........ ........... .... ................. ... ...... 5-8 5.1.3.2 FUNDING AVAILABILITY .....................................................5-9 5.1.3.3 MATCHING FUNDS..............................................................5-9 5.1.3.4 TIMEFRAME FOR ACCOMPLISHING OBJECTIVES.........5-10 5.2 TIE-BREAK PROCEDURE ...... ........... ..... ..... ........ ......... ..... .......... ............... 5-1 0 5.3 LMS EVALUATION PANEL.............................................................,........... 5-11 5.3.1 ELIGIBILITY FOR FEDERAL FUNDING .......................................... 5-11 5.4 PROJECT PRIORITIZATION UPDATING PROCESS ................................. 5-11 6.0 CONFLICT RESOLUTION PROCEDURES ............................................................6-1 6.1 BACKGROUND...... ........ ................... .... ..... ........ ............. ........ ...... ... ............. 6-1 6.2 CONFLICT RESOLUTION PROCEDURE .....................................................6-2 7.0 LMS REVISION PROCEDURE ..............................................................................7-1 7.1 REGULAR LMS UPDATE PROCEDURES.................................................... 7-2 7.2 DECLARED EMERGENCY ASSESSMENT .................................................. 7-4 Page 3 91 of735 TABLE of CONTENTS (Continued) Paae APPENDIX A: PART 3: APPENDICES RISK & VULNERABILITY ANALYSES DATA.....................................A-1 APPENDIX B: APPENDIX C: APPENDIX D: RELATIVE VULNERABILITY TO HAZARDS, BY LOCAL GOVERNMENT ...... .....,. .... ..... ....., ....... ..... ................ ... ...... ....A-2 RELATIVE PROBABILITY TO HAZARDS, BY LOCAL GOVERNMENT....... .... .......... .....,..... .... ...... .......... .......... ...... ,A-4 DATA SOURCES USED FOR THE PALM BEACH COUNTY HAZARD VULNERABILITY AND RISK ASSESSMENT ...................... ............................. ..............A-6 RISK ASSESSMENT HAZARD EVALUATION FOR PALM BEACH COUNTY .........................................................A-22 RISK ASSESSMENT BY HAZARD AND JURISDICTION................A-28 IMPACT ANALySiS..,. ......... .... .......... ...... .... ..... ..... ....., ... ,.. ....., ...... ..A-34 COUNTYWIDE MITIGATION INITIATIVES........................................B-1 PALM BEACH COUNTY INITIATIVES...............................................B-2 JURISDICTIONAL INITIATIVES ... ................ .......... ........ ........... ........B-5 INTER-GOVERNMENTAL COORDINATION..... ..... ..... ............ ....... .B-35 PRIVATE SECTOR COORDINATION .............................................B-36 HAZARD & RISK ASSESSMENT MAPS .......................................... C-1 INCORPORATION INTO OTHER PLANNING MECHANISMS. ..... ...... ...... ........ .... ..... ..... ...... ..............,..... ...... ... ....... D-1 TREASURE COAST REGIONAL PLANNING COUNCIL COMPREHENSIVE GROWTH MANAGEMENT PLAN ...................................................................... D-2 PALM BEACH COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN ..................................................... D-4 Page 4 92 of 735 APPENDIX D: (Continued) APPENDIX E: APPENDIX F: APPENDIX G: APPENDIX H: APPENDIX I: APPENDIX J: APPENDIX K: APPENDIX L: APPENDIX M: APPENDIX N: SPECIAL APPENDIX I SPECIAL APPENDIX II SPECIAL APPENDIX III SPECIAL APPENDIX IV TABLE of CONTENTS ( Continued) Paae COMPREHENSIVE GROWTH MANAGEMENT PLAN, HAZARD MITIGATION INVENTORy..................................... 0-7 EXISTING HAZARD MITIGATION PROJECTS AND PROGRAMS....... ....... .......................... .... ........... ....... .... ........ 0-10 CURRENT AND FUTURE LAND USES.......................................... 0-12 PRIORITIZED PROJECT LISTS ........................................................E-1 POTENTIAL MITIGATION AND PROTECTIVE MEASURES.... ...... ............ ............. .... ...... ...... .... ........... ...... ..... ..... ..... F-1 FUNDING AND DATA SOURCES .................................................... G-1 PLAN ADOPTION........... ..... ...... .................. ...... .......... ......... ..... ....... H-1 MEETING SUMMARIES ......... ................................................. ..... ......1-1 REPETITIVE LOSS PROPERTIES.................................................... J-1 PLAN MAINTENANCE.. ............ ..... .... ..... .... ...... ....... ......... ..... ......... ...K-1 PROJECT SCORING EXAMPLES..................................................... L-1 LMS COMMITTEE MEMBERS .........................................................M-1 LIST OF ACRONyMS........... ...... ..... '. ..... ,.... ...... ... ...... ............ .... ...... N-1 EXPANDED HAZARDS LIST......................................................... SAI-1 THE HAZARD ENViRONMENT.................................................... SAII-1 NFIP & CRS STATUS & ACTIVITIES .......................................... SAil 1-1 MITIGATION ASSESSMENT TEAMS......................................... SAIV-1 Page 5 930f735 TABLE of CONTENTS ( Continued) PART 4: HAZARD MAPS Paae HAZARD MAPS . AGRICULTURAL PEST AREAS ....................................................................................HM-1 . COUNTy-WiDE.... ........................................................................................................ HM-2 · COASTAL EROSION AREAS....... .... ............ ............. .... ........ ....... ..... ..... ...... .... .... .... ..... HM-3 . EVACUATION ZONES ....... ....'.. ...... ....... ..... ................ .... ...... ...... ..... ..... .... ......... ........... HM-4 . FLOOD PRONE AREAS... .... ........ ..........,.. ............ .......... ......... ..... .... ............. ..... .......... HM-5 . HERBERT HOOVER DIKE BREACH AREAS................................................................HM-6 . HURRICANE WIND SPEED ..........................................................................................HM-7 . MUCK SOIL AREAS ......................................................................................................HM-8 . RADIOLOGICAL HAZARD AREA. ................ ........... ............. ............. .............. ,............. HM-9 · STORM SURGE AREAS .............................................................................................HM-10 . TRANSPORTATION SYSTEMS ..................................................................................HM-11 . TSUNAMI THREAT AREA.. .... ....... ................ .... ............ ............ ..... ........ .................. ... HM-12 . WELLFIELD PROTECTION ZONE AREAS .................................................................HM-13 . WILDLAND URBAN INTERFACE AREAS ...................................................................HM-14 HAZARD MAPS WITH CRITICAL FACILITIES . AGRICULTURAL PEST AREAS WITH CRITICAL FACILITIES ................................ HMCF-1 . COUNTY-WIDE WITH CRITICAL FACILITIES ......................................................... HMCF-2 . COASTAL EROSION AREAS WITH CRITICAL FACILITIES .................................... HMCF-3 . FLOOD PRONE AREAS WITH CRITICAL FACILITIES ............................................ HMCF-4 . HERBERT HOOVER DIKE BREACH AREAS WITH CRITICAL FACiLITIES........... HMCF-5 Page 6 940f735 TABLE of CONTENTS ( Continued) Paae · HURRICANE WIND SPEED WITH CRITICAL FACILITIES ...................................... HMCF-6 . MUCK SOIL AREAS WITH CRITICAL FACILITIES .................................................. HMCF-7 . RADIOLOGICAL HAZARD AREA WITH CRITICAL FACILITIES .............................. HMCF-8 · STORM SURGE AREAS WITH CRITICAL FACILITIES ........................................... HMCF-9 . TRANSPORTATION SYSTEMS WITH CRITICAL FACILITIES .............................. HMCF-10 · TSUNAMI THREAT AREA WITH CRITICAL FACILITIES ....................................... HMCF-11 . WELLFIELD PROTECTION ZONE AREAS WITH CRITICAL FACILITIES ............. HMCF-12 . WILDLAND URBAN INTERFACE AREAS WITH CRITICAL FACILITIES ............... HMCF-13 Page 7 950f735 SECTION 1: PURPOSE AND PROGRAM OVERVIEW 1.0 INTRODUCTION The Palm Beach County Unified Local Mitigation Strategy (LMS) was formally adopted by the county, municipalities, and the LMS Steering Committee in 1999. Initial development of the LMS was funded, in part, by the Florida Department of Community Affairs (FDCA) with Federal Emergency Management Agency (FEMA) funds earmarked for the development of comprehensive hazard mitigation planning. The LMS was established and continues to operate in accordance with prevailing federal, state and local guidelines and requirements. In 2004 the plan and program were substantially modified to improve operational effectiveness and to comply with new federal guidelines established in response to the Disaster Mitigation Act of 2000. 1.2 PURPOSE The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard-specific mitigation options and for developing and executing sound, cost- effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. 1.3 PROGRAM ORGANIZATION 1.3.1 Original LMS Structure The original LMS structure consisted of three levels; (1) the larger body of public agencies, non- profit organizations, private institutions, and members of the public at large interested in participation in LMS activities, (2) the Steering Committee, and (3) subcommittees. The Steering Committee, the policy and decision body of the LMS consisted exclusively of designated representatives from the county and the 37 municipal jurisdictions. Voting rights were restricted to one officially designated primary member and two alternates from each jurisdiction. Each jurisdiction had one vote on LMS matters and a quorum vote was required for Steering Committee approval. Written notice from the manager/mayor of the jurisdictional governing body to the Chair of the LMS Steering Committee or to the Director, Palm Beach County Division of Emergency Management was required to designate new voting members. While jurisdictions could have multiple voting representatives present at any Local Mitigation Strategy meeting, each jurisdiction was limited to one vote. While voting on important LMS issues was restricted as described above, attendance and participation in general meetings was open to the community at large. An LMS Chair and Vice Chair were elected every other year; unlimited successive terms were permissible at the will of the Steering Committee. Page 1-1 96 of 735 The LMS Chair was authorized to establish standing and ad hoc subcommittees as needed to further the goals and objectives of the LMS. Four subcommittees were established in the early stages of the LMS to assist with initial program and plan development. They included: The Hazard and Vulnerability Analysis Subcommittee, the Outreach and Education Subcommittee, and the Financial and Legal Issues Subcommittee. Over the course of program development. the Outreach and Education Subcommittee evolved and changed its name to the Community Rating System (CRS) Subcommittee to reflect its growing focus on CRS outreach and education and other CRS issues. The Hazard and Vulnerability Analysis Subcommittee and Financial and Legal Issues subcommittees gradually became inactive as the LMS matured, but were subject to reactivation if future needs warranted. A fifth subcommittee, the Update/Review Subcommittee, was created to monitor and evaluate the effectiveness of the LMS and recommend changes to ensure the LMS plan remained current, compliant, focused, and responsive to community interests and needs. An additional standing subcommittee, the Evaluation Panel was established specifically to review, score and prioritize LMS mitigation projects submitted by LMS steering committee members and other partner organizations in accordance with guidelines, procedures and criteria developed early in the program. Under the original project prioritization process, the Panel prepared and submitted Prioritized Project Lists (PPLs) to the Steering Committee for approval and adoption twice a year. With FEMA's issuance of new funding criteria based largely on benefit-cost justifications the role and skill requirements of the Evaluation Panel had to be reexamined. 1.3.2 Revised LMS Structure In July 2003, the Update/Review Subcommittee was reconstituted as an Administrative Subcommittee with the broader mission of providing guidance and assistance necessary to bring the plan and program into compliance with the new federal guidelines and criteria established in response to the Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations. This process is explained in Section 1.2.4. The group met numerous times over the course of an 18 month period to review FEMA's feedback, expectations and requirements, develop plans and strategies for the revision process, and monitor and review plan revisions. The group's charter was eventually expanded to include taking a critical look at the effectiveness of the overall LMS program. A number of important recommendations and actions emerged from this later responsibility. Among the Committee's observations were the following: . The LMS Steering Committee, composed of the County and 37 municipal members, was considered too large and unwieldy to serve as an effective policy and decision body · Although the county had many active mitigation programs and initiatives, too often they functioned as independent, uncoordinated activities · Greater attention needed to be given to ensuring mitigation projects were cost-effective and focused on threat-specific mitigation priorities and strategies · The LMS had failed to effectively tap the county's vast resources and expert-rich public and private sectors. · The LMS had not adequately explored and used non-traditional sources for potential mitigation funding assistance Page 1-2 97 of 735 . Many of the county's jurisdictions, particularly the smaller municipalities, lack the in- house technical resources, funds, and expertise necessary to effectively execute FEMA's mandated Benefit-Cost analyses . The plan revision process afforded an excellent opportunity to also reconsider and revamp the LMS program structure and operating philosophy, and . The increased competition for scarce mitigation assistance funds would undoubtedly place a premium on optimizing program efficiency and responsiveness In response to these and other considerations, in June 2004 the LMS voted unanimously to adopt and phase into implementation a number of significant program changes and enhancements proposed by the Administrative Subcommittee. Among the executed and/or planned actions are the following: LMS SteerinQ Committee Effective July 2004, the LMS Steering Committee was reduced from thirty-seven members to fifteen members. comprised of: seven municipal representatives, two countyllocal government representatives, one state/federal government representative, one university/college representative, one healthcare industry representative, one non-profit representative, and two representatives from the private sector. The Steering Committee serves as the Local Mitigation Strategy program board of directors. As such, it is the primary decision and policy body for LMS sponsored mitigation activity. LMS Workino Group The LMS Working Group is comprised of the full body of the LMS, representing a broad cross- section of public sector and private sector organizations and individuals, including the general public. The Working Group serves as an umbrella organization for coordinating all mitigation programs and activities, supplies the staffing and expertise for the standing and ad hoc committees of the LMS, and is the primary mechanism and forum for exchanging information and mobilizing the vast expertise and resources of the community. Standinq Committees After submission of the 2004 plan several standing LMS committees were established for the purpose of facilitating, bolstering, and supporting LMS activities. These included: . Evaluation Panel, designated to review, evaluate, score and rank mitigation projects applying established local, state and federal prioritization processes and criteria. . Flood Mitiqation Technical Advisorv Committee, comprised of flood mitigation engineers and experts from public and private sector organizations, is charged with assessing county-wide flood risks and vulnerabilities without regard to jurisdictional boundaries and recommending flood mitigation priorities, strategies, plans and projects for LMS consideration and action that optimally benefit to the greater community. . Flood Mitiqation Committee - CRS Outreach Subcommittee, comprised of representatives from the county's 26 CRS communities, who collaborate on a full range of Outreach Projects Strategy (OPS) initiatives and promote CRS participation Page 1-3 980f735 Ad Hoc Committees In addition, two ad hoc committees were formed: . Plan Inteqration Committee charged with monitoring the LMS plan for compliance and assisting with the linkage between the LMS and other local plans, and supporting plan updates and revisions. . Administrative Committee, originally established to facilitate and assist the LMS plan revision process in response to the new federal guidelines evolving from DMA2000. The committee was also charged with serving as an interim decision body for the LMS until the Steering Committee was formally reorganized and functioning. 1.4 LMS PARTICIPATION REQUIREMENTS Since the Unified Local Mitigation Strategy is written directly from input from all meetings, it is important to make sure that the entire Palm Beach County community is represented. The following groups are invited to all Local Mitigation Strategy meetings. Each group has different participation requirements; however, all groups are strongly encouraged to participate in the planning process. Jurisdictions Municipal and county participation are critical to the success of the LMS. In order to retain LMS voting rights, qualify for federal mitigation assistance consideration, and otherwise remain a member in good standing, the county and all municipal jurisdictions are expected to conform to the following standards: . Participation of the representative or officially designated alternate(s) in three (3) out of four (4) Steering Committee meetings where plan revisions will be addressed; . Consecutive absences will be cause for disqualification for the LMS, subject to appeal and review by the LMS Chair. All rights and privileges will be terminated during a period of disqualification and formal reapplication; . Participation in subcommittee meetings may be substituted for Steering Committee attendance in meeting the 3 out of 4 rule pending approval by the Chair; . Subject to pre-meeting and post-meeting roll calls, participation in special conference call meetings of the Steering Committee or subcommittees will be credited for purposes of participation; and . Have a dully executed resolution adopting the revised LMS plan on file with the county and the LMS. . In order for a jurisdiction to be eligible for Hazard Mitigation Grant Program (HMGP). Flood Mitigation Assistance (FMA) and Pre-Disaster Mitigation (PDM) funding programs, they must have an executed resolution/interlocal agreement adopting the LMS on file with the LMS and have participated in the revision process. Appendix H includes the Page 1-4 99 of 735 Board of County Commissioners agenda item summary, along with a copy of all executed adoption resolutions. Non-Governmental Oraanizations (NGO's) and other Governmental Entities In order to qualify for LMS grant sponsorship, NGO's and other governmental entities must: . Have an dully executed letter of commitment to the LMS on file with the county and LMS; and . In the judgment of the LMS Steering Committee. actively participate in and otherwise support LMS activities. The Public and Private Sector The Palm Beach County Unified Local Mitigation Strategy believes broad community support, including ongoing public and private sector involvement, is very important to the success of the program. While participation by private organizations and the general public is strictly voluntary, their attendance, comments, contributions, and support are actively invited, sought, monitored and fully documented. In order to promote the opportunity for broad participation, at a minimum, notices and agendas for all general meetings of the LMS are posted through some combination of the following: newspaper ads or public service announcements; postings on county and municipal websites, announcements on the county's TV station (Channel 20), postings in county and municipal newsletters and calendars, and blast faxes and e-mailings to all previous participants. 1.5 JURISDICTIONAL ADOPTION OF THE LMS Adoption of the LMS is subject to the following FEMA requirements: Requirement ~201.6(c)(5): The local hazard mitigation plan shall include documentation that the plan has been formally adopted by the governing body of the jurisdiction requesting approval of the plan (e.g., City Council, County Commissioner, Tribal Council). Requirement ~201.6(c)(5): For multi-jurisdictional plans, each jurisdiction requesting approval of the plan must document that it has been formally adopted. Requirement ~201.6(a)(3): Multi-jurisdictional plans (e.g., watershed plans) may be accepted, as appropriate, as long as each jurisdiction has participated in the process ... Statewide plans will not be accepted as multi-jurisdictional plans. All jurisdictions wishing to participate in and share in the benefits deriving from the LMS program must complete and file a fully executed resolution (see Appendix H) which conforms to the adoption standards jointly established and amended by the Palm Beach County Board of County Commissioners and the LMS Steering Committee. Resolutions are kept on file by the Minutes Section of the Office of the Clerk of the Circuit Court. Page 1-5 IOOof735 1.6 NEW JURISDICTIONS/ENTITIES In the event municipal jurisdictions are added, deleted, or merged within the county, the LMS will appropriately adjust its member rolls as necessary and require any newly defined jurisdictions to provide documentation necessary for participation in the program. A new municipal jurisdiction (Loxahatchee Groves) was incorporated in November of 2006 a subsequently joined the LMS. Page ]-6 1010f735 SECTION 2: GUIDING PRINCIPLES The LMS guiding principles are an expression of the community's vision of hazard mitigation and the mechanisms through which it is striving to achieve that vision. The principles address concerns of the community relative to natural, man-made, and environmental hazards. 2.1 METHODOLOGY In formulating the guiding principles for the LMS, several techniques were employed. One involved a review of appropriate plans, policy statements, laws, codes, and ordinances of each participating local jurisdiction. As part of this process, a survey was distributed to each local jurisdiction. The surveys provided information about the jurisdiction's development plans and regulations, and hazard mitigation projects they have implemented. With 37 local jurisdictions involved, defining a community-wide vision became far more complex than one local government defining its mission for local hazard mitigation. Therefore, a facilitated discussion with the Steering Committee was conducted. Using this approach, a comprehensive list of hazards of concern to the local governments was developed. From these defined hazards, the Working Group identified areas of concern. These areas of concern included: . Loss of life . Loss of property . Community sustainability . Health/medical needs . Sheltering . Adverse impacts to natural resources (e.g., beaches, water quality) . Damage to public infrastructure (e.g., roads, water systems, sewer systems, stormwater systems) . Economic disruption . Fiscal impact . Recurring damage . Redevelopment/reconstruction . Development practices/land use . Intergovernmental coordination . Public participation . Repetitive flood loss properties . Historical structures These concerns, along with information generated from the inventory of local planning documents and ordinances, led to the mitigation goals and objectives established in Section 2.3. Palm Beach County's Unified Mitigation Strategy is built upon comprehensive processes including multi-jurisdictional hazard identification, risk and impact analyses, program capability assessments, operational and disaster experience and cost-benefit analyses. These processes, and their results to date, are described in Section 3 of the LMS and in the Situation Section of the Comprehensive Emergency Management Plan. These processes are applied on an ongoing basis and additions and changes are reflected in revisions to the LMS plan. Hazards most likely to affect each of the county's jurisdictions, the risks those hazards pose to each jurisdiction, the potential impacts of those hazards, jurisdictional capabilities to implement and support mitigation strategies, and cost-benefit analyses of mitigation strategies and projects are integral Page 2-1 l020f735 considerations in developing, prioritizing and implementing mitigation strategies and initiatives at the county and municipal level. 2.2 PROCESS The strategy used for the development and revision process of the Palm Beach County Unified Local Mitigation Strategy Plan, consisted of the following tasks: 1. Public involvement to ensure a representative plan 2. Coordination with other agencies or organizations 3. Hazard area inventory 4. Risk and Vulnerability Assessment 5. Coordinated and Integrated Programs and Plans within LMS 6. Review and analysis of possible mitigation activities 7. Local adoption following a public hearing 8. Periodic review and update This hazard mitigation plan contributes to the overall mitigation strategy outlined above and illustrated in Figure 2. 1 Planning Process Diagram. The Palm Beach County Unified Local Mitigation Strategy summarizes the activities to assess the effects of storm flooding, hurricanes, and all other hazards specific to our area and recommends mitigation activities. In following this strategy, all areas are addressed to reduce the amount of damage after a hazard occurs through mitigation efforts. Participation is encouraged by any individual, agency, organization and jurisdiction who would like to take part in the planning process defined in Section 1. All parties are encouraged to participate in the revision planning process occurring at "Steering Committee" meetings with suggestions, comments, involvement and feedback documented from all participants. To ensure all jurisdictions, organizations, and the public are represented throughout the entire revision of the planning process, each meeting will be operated in accordance to Robert's Rules of Order. These procedures are in place to meet the overall objective of the LMS which is to have a plan representative of the entire county and to be a true Unified Local Mitigation Strategy. The Disaster Mitigation Act of 2000 set new requirements to be met in all mitigations plans across the country. The LMS Working Group decided the work would be completed by the Administrative sub-committee. The meetings were open to anyone who wished to participate. Direction to meet all new requirements were discussed by the Steering Committee. The direction was established through a series of sub-committee meetings. The sub-committee sent requests out to all communities to review and update charts, and to complete a narrative about mitigation initiatives within each community. In addition, all communities were asked to review new additions to the plan for comment and recommendation. However, the LMS Working Group, ultimately made the final decision. The public was invited to all LMS Working Group meetings to comment before any changes were finalized within the mitigation plan. Also a Page 2-2 1030f735 diagram below illustrates all the components that made up the new planning process for the Disaster Mitigation Act of 2000 requirements. The original planning process documenting public involvement can be located in Section 4.2. 2.3 MITIGATION STRATEGIES Palm Beach County's unified LMS encompasses diverse mitigation strategies, including, but not limited to: hazard elimination, hazard reduction, hazard modification, control of hazard release, protective equipment, establishment of hazard warning/communication systems and procedures, redundancy of critical resources and capabilities, mutual aid agreements and public-private partnership initiatives, contract services and resources, construction and land-use standards, and training and education. 2.4 MITIGATION GOALS AND OBJECTIVES All mitigation goals and objectives must be consistent with the goals and objectives of the county and the individual jurisdictional comprehensive plans, codes and ordinances. as well as any other jurisdictional documents reflecting aspirations for the welfare, safety and quality of life of their citizens. In a county as large and diverse as Palm Beach County, no single list of mitigation goals is going to encompass every conceivable mitigation goal and objective. The overall objective is to reduce the vulnerabilities to hazards which directly affect Palm Beach County. In so doing, the following goals will serve provide guidance to the LMS: 2.4.1 Goals . Reduce the loss of life, property, and repetitive damage from the effects of natural, societal and technological hazards from all sources but especially hurricanes, tornadoes, major rainfall and other severe weather events . Achieve safe and fiscally sound, sustainable communities through thoughtful long- range planning of the natural and man-made environment . Take preventative actions to reduce the number of repetitive loss properties published annually by FEMA on the list of "Repetitive Loss Properties" . Qualify the county and jurisdictions for incremental improvements on the Community Rating System classification in relation to flood insurance under the National Flood Insurance Program (NFIP) and to reduce flood hazards . Optimize the effective use of all available resources by establishing public/private partnerships, and encouraging intergovernmental coordination and cooperation . Promote awareness and preparedness through the distribution of information on hazards and measures to mitigate them Page 2-3 1040f735 . Increase the level of coordination of mitigation management concerns, plans and activities at the municipal, county, state and federal levels of government in relation to all hazards . Establish a program that facilitates orderly recovery and redevelopment, and minimizes economic disruption following a disaster . Ensure an enforceable commitment for the implementation of the local hazard mitigation strategy 2.4.2 Objectives The ultimate objectives of the LMS are to: . Improve the community's resistance to damage from known natural, man-made, and environmental hazards . Place Palm Beach County in a position to compete effectively and productively for pre and post-disaster mitigation funding assistance . Encourage strong jurisdictional, nongovernmental and public participation and support of LMS activities . Reduce the cost of disasters at all levels . Facilitate community recovery when disasters occur . Minimize recurrence of damage by incorporating mitigation into post disaster rebuilding . Promote intelligent development 2.4.3 Benefits Adoption of this strategy will provide the following benefits to both County and municipal governmental entities: · Compliance with Administrative Rules 9G-6 and 9G-7, Florida Administrative Code (F.A.C.), requirements for local comprehensive emergency management plans to identify problem areas and planning deficiencies relative to severe and repetitive weather phenomenon, and to identify pre and post-disaster strategies for rectifying identified programs · Universal points from the National Flood Insurance Program's (NFIP) Community Rating System (CRS) Program for developing a Floodplain Management Program, which may help further reduce flood insurance premium rates for property owners · Access to FEMA's Federal Mitigation Assistance grant program, which provides funding for pre-disaster mitigation projects and activities Page 2-4 1050f735 . Compliance with the Disaster Mitigation Act of 2000 allowing Palm Beach County to compete competitively for grant money; . Identify and prioritize projects for funding under the State of Florida's Residential Construction Mitigation Program, to help reduce losses from repetitive flooding damage . Set forth the guiding principles with which both the County and municipal governmental entities of Palm Beach County will address the issue of all hazard mitigation (Section 2.0, Guiding Principles) . Identify the known hazards to which the county is exposed, discuss their range of impacts, and delineate the individual vulnerabilities of the various jurisdictions and population centers within the county (Section 3. 0, Hazard Identification and Vulnerability Analysis) . Review and evaluate the existing legal, regulatory, and response framework currently in place to deal with hazard mitigation (Section 4. 0, Inventory and Evaluation of Existing Hazard Management Goals, Policies. Procedures, Ordinances, Projects, and Activities) . Develop a detailed method by which Palm Beach County (municipalities and County government) can evaluate and prioritize proposed mitigation projects along with new federal requirements (Section 5.0, Project Prioritization Methodology) . Develop a conflict resolution procedure by which municipalities and county governmental entities can resolve any differences that arise over prioritized mitigation projects or mitigation strategies (Section 6. 0, Conflict Resolution Procedures) . Develop the process and schedule by which this entire Unified Local Mitigation Strategy will be reviewed and updated (Section 7 .0, Review and Revision Procedures for the Palm Beach County Local Hazard Mitigation Strategy) . Ensures jurisdictional plans are consistent and supportive Page 2-5 1060f735 6 D CONSENT AGENDA April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNO U NC EME NTS/P RES ENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMIN ISTRA TIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10 -038- Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire Assessment Program for FY 2010-2011 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,000 should they become necessary. EXPLANATION OF REQUEST: This request is only for the hiring of Government Services Group, Inc. to assist the City with the Fire Assessment Program and not to make budgetary or Fire Assessment rate decisions. The City does not maintain the technical staff to obtain the property files from the County Property Appraiser's Office, to provide the required specialized analysis, or to upload the property files with the assessment rates back to the Appraiser's Office. This is the major need for which the City contracts for external professional services. The following paragraphs provide background to the Fire Assessment Program as a prelude to budgetary considerations for FY 2010-2011, The City originally initiated a seven year Fire Assessment Program in FY 2001-2002 through FY 2007-2008 with a sunset provision in FY 2008-2009 unless continued. At that time, in order to continue the program, it was required to implement a new Fire Assessment Program beginning in FY 2008-2009. The Commission also approved the Program for the current FY 2009-2010. The Fire Assessment can only be developed to cover up to the full costs of the Fire Rescue portion of the total Fire Department. Therefore, the cost determination must exclude Emergency Medical Service (EMS) expenditures of the Fire Department to determine the assessable costs. In turn, the assessable costs must then be allocated to property types (residential, commercial, industrial/warehouse, institutional, and nursing homes) obtained from the County Property Appraiser based on the percentage of calls to each property type. The range of potential additional services primarily relates to mailing first class letters to (a) newly affected property owners ($325) and (b) all property owners should the rates be raised for the coming year ($40,000). See the "Fiscal Impact" section on the next page to see the potential added revenues raised at alternative Fire Assessment rates. Government Services Group, Inc. (GSG) established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program. When the Program was planned for extension beyond those years, we solicited Requests for Proposals. We selected GSG to continue with their service due to their familiarity with the City, proven methodology that stood legal tests and offered at a lower cost to the City. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Assessment has significantly improved fire protection services in the City with the addition of capital facilities and operating and partial support of seven (7) full time fire companies. In total, the response time was reduces to just over four (4) minutes. The added fire stations and fire companies supported with the Fire Assessment are: . Station NO.4 (South Federal Highway) - 3 apparatus bays, 2 full time companies - 8,179 sq. ft. - Operational- funded by Fire Assessment - New . Station No. 2 (Woolbright, west of Congress) - 4 apparatus bays, 2 full time companies - 10,000 sq. ft. - Operational- funded by Fire Assessment - New . Station 5 (Gateway and High Ridge) - 5 apparatus bays, 3 full time companies- operational - Approximate total sq ft. - 41,132 including the Fire Administration Headquarters, a secondary Dispatch Center, and an Emergency Operations Center (EOC) - This EOC will function as a limited City Hall in the event that the current City Hall is damaged by storms. Funded by Fire Assessment - New While no additional fire stations are anticipated, except in the situation of future westward annexation, Fire Assessment funds can provide added support for current operations, additional personnel, and needed renovations and / or future replacement of older existing Fire Stations #1 and #3. FISCAL IMPACT: See the attached Statement of Source and Use of Funds for the Fire Assessment Fund. For the eight (8) fiscal years ended September 30, 2009, the Fire Assessment provided $21.3 million to improve and partially maintain fire-rescue services in the City. However, this only represents an average of 17% of the total Fire Department budget. This is much less than 100% for two reasons using the current budget FY 2009-2010 as an example- 1. Total assessable (allowable) costs of $10,469,038 (excluding EMS) represent only 54% of the total $19,378,362 General Fund Fire Department budget. 2. Of the total assessable (allowable) costs of $10,469,038, the Fire Assessment rates adopted only represented approximately 36.5% of total assessable costs as illustrated in the left column in the table below. While a budgetary decision, alternate levels up to 100% of assessable costs are illustrated in the table below for the current budget FY 2009-2010. Percent of Assessable Costs 36,5% 40% 50% 60% 70% 75% 100% Residential Per Dwelling Unit $ 68,00 $ 74,00 $ 93,00 $ 111,00 $ 130,00 $ 139,00 $ 185,00 Non-Residential Per Sq, Foot Commercial $ 0.16 $ 0,17 $ 0,21 $ 0.25 $ 0,29 $ 0,31 $ 0.41 IndustrialM'arehouse $ 0.04 $ 0,04 $ 0,05 $ 0,06 $ 0,07 $ 0,07 $ 0,09 Institutional $ 0,17 $ 0.19 $ 0,23 $ 0,28 $ 0,32 $ 0,34 $ 0.46 Nursing Home $ 0.17 $ 0.41 $ 0,51 $ 0,61 $ 0,71 $ 0,77 $ 1,02 Estimated Net Revenue (Million) $ 3,5 $ 3,7 $ 4,6 $ 5,5 $ 6.4 $ 6,90 $ 9,15 It is through the assistance of GSG, that the City develops alternative rate levels for the Fire Assessment during budget considerations by the City Commission plus their ability to provide the needed interface with the County Property Appraiser's Office. ALTERNATIVES: Do not authorize work to be done. Net effect would be to suspend the Fire Assessment FY 2010-2011. Not recommended. The data and process should be completed so that the City Commission can make an informed decision as part of the budget process. City of Boynton Beach Fire Assessment Fund Statement of Source & Use of Funds and Changes in Fund Balances For the Nine Years Be2inninl! October 1. 200t to Seotember 30.2010 Actual Source & Use of Funds FYE September 30. ~~~~~~~~ Total FY 2002.2009 ~ ~ IT 2009.2010 Source of Funds" Fire Assessment Interest GI1UI~ Transfers From (To) General Fund Transfers From Caplwlmpr(Jvement Fund $ 2,306,269 $ 2,702,616 $ 2,310,637 $ 2,353,373 $ 2,559,313 $ 2,623,375 $ 2,673,263 3,787,127 $ 28,613 $ 96,061 $ 75,291 $ 121,6'\7 $ 119,398 $ 73,862 $ 179,529 245.004 $ $ $ $ , , $ 890565 816,553 $ $ $ $ $ $ l.747,950 $ $ (3,174,665) $ 2,570.825 ~ ~ ~ ~ $ 2.363.700 S 5841,863 $ 1,234.000 $ 4,905,707 ~ $ 2.385928 S 2,475,030 $ 2,678,711 $ 6,808,887 ~ $ 2,908.019 21,315,973 939,415 1,707,118 S (1,426,715) $ 12.010,388 ~~~~ 62% 3% 5% -4% 35% 100% S 3,535,000 $ 180,000 $ $ (3,797,334) ~ ~ Usc(JfFunds Opt:raling Expenditures $ 65,385 $ 424,062 $ 1.609519 $ 1576.116 $ 1,743,718 $ ],795.118 $ 2,326,97'\ $ 25.833 9.566.725 33% $ Land & Land Improvements $ $ 1.852,150 $ 1.407,897 $ $ $ $ $ 3,260,047 110/. $ Building DeSIgn, Construction &. Equipment $ IR,OI2 $ ] 16,972 $ 353,548 $ 2.327,555 $ 2.403.141 $ 826.802 $ 4,889,069 $ 4,971,958 $ 15,907,056 54% $ 500,000 Transfer To Vehicle Service Fund $ 550,000 ~ ~ ~ ~ ~ ~ ~ ~ 2% L-----=- $ 633.397 L-.b128.326 S 3,370,963 $ 3.903,670 S 4146,859 $ 2,621.920 S 7.216,044 $ 4,997,791 S 29,288.970 100% $ 500.000 Source of Funds Over (Under) 1 Jse of Funds $ 4.272,310 400,350 (985.035) (1,428,640) $ (\,468,148) $ 4,186.967 2,369,176 (2.089,772) $ 5,257,209 t'i82,334) Fund Dalance Be~mning ~ L!llil.!.Q. $ 4672,660 $-2,687,625 $ 2,258,985 $ 790.837 $ 4,977,805 $ 7346,981 ~ S 5,257,209 Endmg ~ ~ ~ ~ ~ ~ $ 7,346,981 $ 5,257,209 S 5,257,209 $ 4674,875 Total Fire Department Expenditures For the Nine Years Be2innimz October 1. 2001 to SeDtember 30. 2010 Total FY ~ ~ 2002 . 2003 ~ ~ 2005 - 2006 ~ ~ ~ 2002-2009 Pertent 2009 - 2010 General Fund FIre Department Expenditures $ 8,29S,I50 $ 9.237.876 $ 10,228,09\ $ ]0.862,713 $ 12,005.008 $ 14.101,865 $ \5,214,069 $ 18,855,089 $ 98,802,861 77% $ 19.378,362 Fire Assessment Fund Expenditures ~ $ 2393.184 $ 3,370,963 $ 3,903670 $ 4.146,859 $ 2.621.920 $ 7,216,044 $ 4.997,791 $ 28,733,828 23% $ 500 000 TOla) Fire Department Expendilures S 8,381,547 ~ $ 13,599,054 $ 14.706.]83 ~ ~ $ 22,430,113 ~ ~ 100";'; $ J 9,878 362 Fire Assessments (Ab<Jve) $ 2,300,269 $ 2,702,616 $ 2,310,637 $ 2.353.373 ~ ~ ~ ~ $ 21.315.973 .ill:i $ 3,535.000 % of Total FIre ExpendItures Paid by FIre Assessment ~% ~% .!2% ~% 16% ~% 11% 16% .!2% .!!% \\apps3\auto\Oata\85\ltems\80\1067\611\ \ Fire_Assessment_Source_Use_of_Funds_Analysis~-_FY _2002.2009_(ActuaILFY _2010_(Budget).xls \ Source&Use 02-Q9Actual 10 Bud 1100f735 RESOLUTION NO. R10-038 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROPOSAL OF SERVICES FOR THE POTENTIAL CONTINUATION OF THE FIRE ASSESSMENT PROGRAM FOR FISCAL YEAR 2010/2011 WITH GOVERNMENT SERVICES GROUP, INC. IN THE AMOUNT OF $17,500.00 AND THE POTENTIAL ADDITIONAL SERVICES IN AN AMOUNT UP TO $40,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Government Services Group, Inc., (GSG) established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program; and WHEREAS, GSG was selected to continue with their service when the Fire Assessment was extended due to their familiarity with the City, proven methodology that stood legal tests and offered at a lower cost to the City; and WHEREAS, contracting with GSG will preserve the progress that has been made to-date in the data collection/maintenance of this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to execute the proposal of services with Government Services Group, Inc., in the amount of $17,500.00 to assist the City with the Fire Assessment Program for 2010-11 and the potential additional services in an amount not to exceed $40,000.00, a copy of the proposed Scope of services is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA 111 of 735 Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 1120f735 6.E CONSENT AGENDA April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER r8J CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTA TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMIN ISTRA TIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION No. R10-039 - Approve the Non-Profit Developer Agreement between the City of Boynton Beach and (1) The Boynton Beach Faith- Based Community Development Corporation, together with (2) R. M. Lee Community Development Center. Inc. (CDCs). to act as developer under the City of Boynton Beach's Neighborhood Stabilization Program (NSP). EXPLANATION OF REQUEST: The City Commission previously approved Resolution R10-028 to amend the Community Development Block Grant (CDBG) Sub-Recipient contract agreement between the City of Boynton Beach and the COG's to facilitate the implementation of the NSP program. Funded under Title III of Division B of the Housing and Economic Recovery Act of 2008, the Neighborhood Stabilization Program was created to ease the negative impact of the nation's economic decline and housing market collapse. It is intended to stabilize and revitalize communities that have been hit the hardest. Funds have been allocated to governmental entities for the purpose of purchasing and redeveloping abandoned and foreclosed homes and residential properties. The City of Boynton Beach has been allocated $2,963,311 under this program. Jurisdictions have been directed to give priority emphasis and consideration to low income and moderate areas, and other areas with the greatest need, including those - (A) With the greatest percentage of home foreclosures; (8) With the highest percentage of homes financed by a subprime mortgage related loan; and (C) Identified as likely to face a significant rise in the rate of home foreclosures Eligible uses of the funds are to - 113 of735 (A) Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low and moderate income homebuyers: (8) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties; (C) Establish land banks for homes that have been foreclosed upon; (D) Demolish blighted structures; and (E) Redevelop demolished or vacant properties Based upon information provided to city staff by HUD, it was determined that the Northeast and Northwest quadrants of the city were the areas of greatest need for purposes of this program. These areas had the highest numbers of foreclosures, the highest number of mortgages at risk of becoming foreclosed, and the highest number of subprime loans. The City of Boynton Beach had 18 months from the signing of the contract to obligate NSP funds, and four years to expend. Funds are obligated for an activity when orders are placed, contracts are awarded, services are received, and similar transactions have occurred that require payment by the local government or Sub-recipient. The September 2010 deadline is deadline for obligating funds, not the deadline for the expenditure. Although the intent of the program was to get the monies expended as expeditiously as possible, the NSP Program was placed under the statutory and regulatory guidelines of the Community Development Block Grant (CDBG) Program. Since the implementation of this program. there have been many adjustments to simplify program rules to expedite the administration of NSP. As the program has evolved, city staff has attended eleven workshops regarding the administration of NSP as recently as February 25,2010. The NSP program seeks to prevent future foreclosures by requiring housing counseling for families receiving homebuyer assistance. This method, to the fullest extent possible, protects future homebuyers by obtaining mortgages from conventional lenders who agree to comply with sound lending practices. The local CDC is a HUD approved housing counseling agency. and as such, requires each of its applicants to attend an eight hour housing counseling workshop. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having the CDC's act as the developer for this program will enable the City to encumber funds and procure foreclosed or abandoned properties in a more expeditious manner. The City of Boynton Beach will not be affected by the presumed liability of owning the properties, and ongoing maintenance of these properties. The CDC's, as a HUD approved counseling agency, will be responsible for marketing the program, identifying eligible properties and applicants, overseeing the rehabilitation, monitoring the contractors, and maintaining the properties until sold. All funds recaptured as the result of sales of the properties will not have an impact on the city's future CDBG allocations as the CDC's will be the owners of the properties, and any funds recaptured will be reused for purposes of the NSP program 1140f735 All NSP funds will be dispersed at closing, 33% at purchasing, and 67% when the property is sold. FISCAL IMPACT: Based upon the real estate market at the time of the application to HUD for NSP funds. it was estimated that the city would be able to purchase and rehabilitate approximately 12 properties. In the current market, and based upon the average costs of 26 recent listings at $80,000, closing costs, developer fees, and other costs involved, there is $2,266,980 available for purchases, it is estimated that we should be able to obtain a minimum of 13 properties. This number includes soft costs, developer costs at 13%, the cost of estimated rehabilitation, if required, and the costs of securing and maintaining the properties until they are closed. The distribution of the funds follows: City of Boynton Beach Allocation: Less Allowable Administrative Costs @ 10% Less CRA Set Aside Available to Purchase & Rehabilitate Properties Average Purchase Price Developer Fee @13% of Purchase Price Closing costs Rehabilitation Cost Securing the Property Liability Insurance Maintaining the Property Contingency Total Average Cost Per Property Total Cost to Purchase & Rehabilitate 13 Properties $ 2,963,311 $ (296,331) $ (400,000) $ 2.266.980 $ 80,000 $ 10,400 $ 4,800 $ 70,000 $ 1 ,000 $ 800 $ 600 $ 6,783 $ 174,383 $ 2.266.980 These numbers are only based upon the average costs as observed from recent listings made available to staff. Some prices will be lower, and some will be higher. which will cause fees to adjust accordingly. The rehabilitation cost is based upon the costs shown below. It is also acknowledged that the rehabilitation costs may not always apply, as it is assumed that not all of the properties will need extensive rehabilitation. This being the case will allow for a few more properties to be purchased. Project Component Cost Air Conditioninq SEER 16 $ 8,000 Appliances (Energy Star) 2,500 Bathroom (tub, wall tile, shower doors) 2,500 Electrical Upqrades (panel. GFls, smoke alarms, fluorescent fixtures) 6,000 Energy efficient windows (AOSHGC) 6,000 Eneroy saving Roofs 10,000 Heat pump hot water heaters or (insulatino blankets with timers) 1,800 Hurricane Shutters 5,000 1150f735 Impact Rated Exterior Doors 1,200 Insulation upgrade (R-30) 1,200 Interior doors 1,200 Kitchen (cabinets, counter, sink) 8,000 Painting 5,000 Sod & Landscaping 2.500 Tile Floors or green materials, i.e. bamboo 4,000 Water saving toilets, faucets 1,500 TOTAL $66,400 Optional (Sales Appeal) Window Treatments (Blinds) 1.000 Ceiling Fans 400 Driveway 4,000 Mail Box 150 ALTERNATIVES: Not having the CDC's act as developer will require the City staff to attempt property purchases through the standard City process involving Financial Services and the City Commission approval for each purchase. The time involved in following this process would make it unlikely that the NSP funds would be fully encumbered by September 30, 2010 as required by the grant. 1160f735 RESOLUTION NO. R 10-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A NON-PROFIT DEVELOPER AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION TOGETHER WITH R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC., TO ACT AS DEVELOPER UNDER THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM; AND PROVIDING AN EFFECTIVE ATE. WHEREAS, the City Commission previously approved Resolution RIO-028 to amend the Community Development Block Grant (CDBG) Sub-Recipient contract agreement between the City of Boynton Beach and the CDC's to facilitate the implementation of the NSP program; and WHEREAS, the Agreement allows for the CDC's to act as the developer for this program which will enable the City to encumber funds and procure foreclosed or abandoned properties in a more expeditious manner; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution of the Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith-Based Community Development Corporation together with R.M. Lee Community Development Center, Inc., to act as developer under the City's Neighborhood Stabilization Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the City Manager and City Clerk to execute the Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith-Based Community Development 1170f735 Corporation together with R.M. Lee Community Development Center, Inc., to act as developer under the City's Neighborhood Stabilization Program, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 1180f735 NON-PROFIT DEVELOPER AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT THIS AGREEMENT, entered into this _~ day ot _~_~, 2010, by and between The "I Boynton Beach, a Florida municipal corporation. hereinafter referred to as "CITY", and the Boynto" Beach Faith-Based Community Development Corporation. together with R. M, Lee Community Development Center, Inc., hereinafter referred to as "NON-PROFIT DEVELOPER," WITNESSETH: WHEREAS, CITY has received federal funding pursuant to the Neighborhood Stabilization Program found in Title III of Division B of the Housing and Economic Recovery Act of 2008 hereinafter referred to as NSP to improve neighborhoods by reducing the number of abandoned and foreclosed homes, WHEREAS, financial assistance to a NON-PROFIT DEVELOPER is a permitted use of NSP funds to undertake certain activities to primarily benefit low and moderate income persons and neighborhoods to address abandoned and foreclosed homes; and WHEREAS, the CITY desires fo engage the NON-PROFIT DEVELOPER to render certain services requisite to the accomplishment of its goals, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE ONE: DEFINITIONS ] ) "CDBG" means Community Development Block Grant. 2) "CITY" means The City of Boynton Beach 3) "NON-PROFIT DEVELOPER'S Fee" means the payment to the NON-PROFIT DEVELOPER as defined in Section VI of the Policy Guidelines for the Neighborhood Stabilization Program - Ownership. Policy Guidelines are attached as Exhibit A herewith. 4) "Development Director" means the Director of the Development Department or designee. 5) "Eligible Family" means a family who is eligible to participate in the Neighborhood Stabilization Program as defined in Section X of the Policy Guidelines attached as Exhibit A herewith. 6) "Eligible Neighborhood" means an area where Neighborhood Stabilization Grant funds may be used to purchase homes as identified in the Neighborhood Stabilizoliull Glut,j application that was approved by the Department of Housing and Urban Development, - 1- 1190f735 7) "NON-PROFIT DEVELOPER" means a non-profit entity that has been approved te participate in the Neighborhood Stabilization Program as designated in Section V of the Policy Guidelines attached as Exhibit A. 8) "NSP" means the Neighborhood Stabilization Program, 9) "NSP Home" means an abandoned or foreclosed home, condominium or townhorre purchased with Neighborhood Stabilization Program funds. 10) "C/D" means the Boynton Beach Community Improvement Division, 11) "Subsidy" means the amount of NSP funds that are used by the CITY to make the NSP Home affordable to an Eligible Family, Subsidy may include the Down Payment Assistance, Closing Costs and any grant funds provided to the applicant. In cases where the applicant receives a 0% interest rate loan, the 0% loan will be Subsidy. The subsidy will be in the form of a 0% interest rate junior loan for the term of the first mortgage, 12) "CDBG Regulations" means 24 CFR 570. 13) "Low and Moderate-Income" means those who fall within the income range set by HU~ for participating in the CDBG program. The HUD income range is contained in Exhibit B which is attached hereto and made a part thereof. ARTICLE TWO: SCOPE OF SERVICES The NON-PROFIT DEVELOPER, in a manner satisfactory to the CITY, shall carry out or cause fo be carried out all services described or referred to in Policy Guidelines as Exhibit A. which is attached hereto and made a part hereof. Such services shall be performed, except as otherwise specific oily stated herein, by persons or instrumentalities solely under the dominion and control of the NON- PROFIT DEVELOPER. ARTICLE THREE: MODIFICATION OF SCOPE OF SERVICES This Agreement constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment. change or addendum to this Agreement is enforceable unless agreed to in writing, and executed by both parties. Any material change in the Scope of Services or ony increase in the compensation for the services, shall require the parties to enter into a writter amendment to this Agreement. executed by both parties. ARTICLE FOUR: TIME OF PERFORMANCE The timely performance and completion of the required Scope of Services is vitally important to the interest of the CITY, The CITY shall pay invoices provided by the NON-PROFIT DEVELOPER following the CITY's review and approval, or reimburse the NON-PROFIT DEVELOPER for the services described in Article Two, and performed by the NON-PROFIT DEVELOPER starting on the effective date. The effective date is the date of execution of this Agreement by the CITY, This Agreen lei iI will continue until the deadline for completion of the Scope of Services on September 30, 2013, All sucr, services shall be performed by the NON-PROFIT DEVELOPER in accordance with applicable HUD requirements and with all requirements of this Agreement and payment will be contingent - 2- 1200f735 thereupon. The NON-PROFIT DEVELOPER shall complete all services described in Exhibit A on or before the deadline date, unless this Agreement is otherwise amended or extended by written agreement executed by the parties. ARTICLE FIVE: CONSIDERATION AND LIMITATION OF COSTS The NON-PROFIT DEVELOPER shall be paid by the CITY for allowable costs, determined by CITY for the services described in Exhibit A in an amount not to exceed the amount specified in Exhibit A. In the event the project costs exceed the stated amount. the NON-PROFIT DEVELOPER shall be responsible for the costs which exceed the amount specified in Exhibit A. ARTICLE SIX: PAYMENTS A. Invoices that have been approved by the NON-PROFIT DEVELOPER, following submittal to the CITY, and review by the CITY shall be paid directly by the CITY or, the CITY shall reimburse the NON-PROFIT DEVELOPER. In both cases, payment will be limited to items specifically identified in Exhibit A. B. The NON-PROFIT DEVELOPER shall submit payment requests to CID. These requests will only be approved if: 1. The contractor's requests for payment has been reviewed and approved by tile NON-PROFIT DEVELOPER os stated on the Certificate of Payment and the attached original invoice. 2. Upon receipt of the above enumerated documentation, and review and approval by the CID, the CITY will initiate the payment process. C. All disbursements by the NON-PROFIT DEVELOPER must be fUlly documented to the CITY so os to be available, on request, for inspection or audit in accordance with the provisions of Article Ten herein below. D. Within 30 days after completion of all services to be performed, the NON-PROF!T DEVELOPER shall render 0 final and complete statement to the CITY of 011 costs and charges for services not previously invoiced. The CITY sholl not be responsible for payments of any charges, claims or demands of the NON-PROFIT DEVELOPER not received within said thirty (301 day period: however, such time may be extended at CITY'S discretion not to exceed a period of ninety (90) days, provided the delay in its submissiorl is not occoslolled by any fault or negligence of the NON-PROFIT DEVELOPER. ARTICLE SEVEN: COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of this Agreement, the NON-PROFIT DEVELOPER agrees to comply with 011 applicable federal, state, and local laws, rules, regulations and orders, including, but not limited to those listed below which by references are incorporated and made a part hereof. The NON-PROFIT DEVELOPER further agrees to abide by 011 other applicable laws, rules, regulations and orders that may be applicable to CDBG activities. APPLICABLE LAWS, RULES AND REGULATIONS 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. - 3 - 1210f735 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246. as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, os amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12.40 CFR Parf 15 - Regulaiions relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work. Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act. is included as part of this agreement and must be included in all construction contracts funded by CDBG. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086, 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped ir federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. - 4 - 1220f735 21. Copeland Anti-Kickback Act 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Administrative Procedures - procedures which may be issued by the CITY Department of Financial Management and/or the Community Development Manager who are responsible to the CITY for the implementation of the CITY'S Community Development Block Grant Program. 25. Public law 100-430 - the Fair Housing Amendments Act of 1988. 26. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I 02. This subpart includes 24 CFR 570.502. 27.0MB Circular A-133 - concerning annual audits. 28.0MB Circular A-122 - which identifies cost principals. 29. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. ARTICLE EIGHT: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the "City of Boynton Beach" as the recipient funded by the U.S. Department of Housing and Urban Development and the entity that provided funds for the project. ARTICLE NINE: MANAGEMENT ASSISTANCE The CID Manager will be available to the NON-PROFIT DEVELOPER to provide guidance on CDBG requirements. ARTICLE TEN: MAINTENANCE OF RECORDS The NON-PROFIT DEVELOPER shall maintain all records required by the CDBG Regulations, and Section 119.07, Florida Statutes, the "Florida Public Records Low". A. The NON-PROFIT DEVELOPER shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CITY to assure proper accounting of projecf funds and compliance wifh the provisions of this Agreement. The NON-PROFIT DEVELOPER shall maintain 011 necessary financial records as required by CDBG Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warrant for all items purchased and paid for under standard NON-PROFIT DEVELOPER procedures: 2. The current, prevailing NON-PROFIT DEVELOPER Agreement. 011 project controcts and corresponding billings; - 5 - 1230[735 3. For Force Account Construction all records indicating name(s), position(s), nu:nber of hours and total labor cost; 4. For any materials drawn from stockpile records indicating amount of materials and cost based on the purchase price; B. All records and contracts of whatever nature required by this Agreement sholl be available for audit. inspection or copying at any time during normal business hours and as otten as the Community Development Manager, CITY, HUD, or Comptroller General of the Unitec States, or other federal agency, may deem necessary. CITY shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement mode by any local. state or federal agency. The NON-PROFIT DEVELOPER sholl retain all ot its records and supporting documentation applicable to the Agreemenf for three (3) years after eifher fhe resolution of the final audit or HUD approval of the closeout Grantee Performance Report. whichever is later. ARTICLE ELEVEN: EVALUATION The NON-PROFIT DEVELOPER sholl provide the Community Development Manager, in a fmm prescribed by CITY, monthly reports summarizing progress, timetables, and financial information for monitoring and evaluating all ospects of Project activities. The format prescribed sha'l be in conformance with HUD reporting requirements and CITY reporting procedures. These reports may be provided as part of the financial reimbursement process. The CITY shall have access to and be able to make copies and transcriptions of such records as may be necessary in the determination of the CITY or HUD to accomplish this obligation. ARTICLE TWelVE: CAPITAL EQUIPMENT, SUPPLIES OR EXPENDABLE PROPERTY Any capital equipment acquired by the NON-PROFIT DEVELOPER for the purpose of carrying on the projects stated herein, and approved by the CITY sholl be subject to the provisions of the Property Standards section of 24 CFR Port 84 including, but not limited to, the provisions on use and disposition of property. ARTICLE THIRTEEN: CONTRACT LIABILITY The CITY shall not be responsible to any person, firm, or corporation (except the NON-PROF:I DEVELOPER) for assignment of any aspects including providing goods or services to the NON PROFIT DEVELOPER in connection with the services it hos agreed to perform hereunder, or for debts or claims accruing to such parties against the NON-PROFIT DEVELOPER; and there is no contractual relationship, either express or implied, between CITY and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the NON-PROFIT DEVELOPER as a result of its services to CITY hereunder. Nothing in this section is intended to alter or waive the CITY's entitlement to statutory or common low sovereign immunity, or to extend the CITY's liability beyond the limits established in Section 768.28, Florida Statutes, os amended. ARTICLE FOURTEEN: CONTRACTS All contracts made by the NON-PROFIT DEVELOPER to corry out the activities described in Exhibit A shall be made in accordance with 011 applicable lows, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. - 6 - 1240f735 ARTICLE FIFTEEN: CONFLICT OF INTEREST No employee, agent. consultant, officer or elected official or appointed official of the NON-PROFIT DEVELOPER who exercises or have exercised any function or responsibility with respect to CDBG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG assisted activity, or hove 0 financial interest in any contract, subcontract or agreeme'lt with respect to a CDBG assisted activity or with respect to the proceed of the CDBG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE SIXTEEN: INDEMNIFICATION The NON-PROFIT DEVELOPER and his Contractor shall pay on behalf of or indemnify and hold harmless the CITY, its Commissioners, officers, employees, agents, and volunfeers from and against any and 011 claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the NON-PROFIT DEVELOPER or Controclor arising out of or in any way connected with the NON-PROFIT DEVELOPER or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. Pursuant to F.S.S.725.06(2), the Contractor sholl indemnify and hold harmless the CITY, its Officers and Employees from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the contract. This section of the contract will extend beyond the term of the contract. ARTICLE SEVENTEEN: INSURANCE The NON-PROFIT DEVELOPER shall procure and maintain adequate insurance coverage, as described in Exhibit C attached hereto and made 0 part thereof. ARTICLE EIGHTEEN: NON-ASSIGNABILITY The NON-PROFIT DEVELOPER may not assign this Agreement without the prior written consent of the CITY, ARTICLE NINETEEN: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE TWENTY: PROGRAM INCOME In the event that any program income is received during the contract, the NON-PROFIT DEVELOPER must utilize such program income in compliance with NSP rules and regulations. If any income is received after the term of this Agreement, or at the end of the year when 011 remaining items have been budgeted, the program income will also be expended in compliance with NSP rules and regulations. - 7 - 1250f735 ARTICLE TWENTY-ONE: SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination may occur if the NON-PRO::IT DEVELOPER materially fails to comply with any term of this Agreement. The Agreement may also be terminated, by either parties, for convenience in accordance with 24 CFR 85.44, which provides for termination for mutual convenience, or partial termination for specified reasons. ARTICLE TWENTY.TWO: CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. ARTICLE TWENTY-THREE: CERTIFICATION REGARDING lOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalt of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or on employee of a Member of Congress in connection with the awarding of any Federal contract. fhe making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment. or modification of any Federal contract, grant. loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to O:lY person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at 011 tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative Agreements) and that 011 NON-PROFIT DEVELOPERS sholl certify and disclose accordingly. ARTICLE TWENTY.FOUR: REAL PROPERTY Any real property acquired by the NON-PROFIT DEVELOPER for the purpose of carrying out the projects stated herein, and approved by the CITY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24. j 01, shall be subject to the provisions of the CDBG RegUlations including, but not limited to, the provisions on use ana disposition of property. Any real property within the NON-PROFIT DEVELOPER control that is acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to the CDBG Regulations 570.505. ARTICLE TWENTY.FIVE: DRUG. FREE WORKPLACE REQUIREMENTS The SUB-RECIPIENT, os a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c. 701) ond with HUe rules at 24 CFR part 24, subpart F. - 8 - 1260f735 Article TWENTY.SIX: Jurisdiction and Venue The Agreement has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. NON-PROfl DEVELOPER represents and agrees that it is familiar with all laws, ordinances and regulations applicable to the supplies, products, equipment, software or services to be furnished under the Agreement. The Agreement sholl be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the state of Florida. Venue for any action arising from or related to the Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. - 9 - 1270f735 IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first above written. WITNESS our Hands and Seals on the day of ,2010. ATTEST: CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation BY: BY: JANET PRAINITO, CITY CLERK KURT BRESSNER, CITY MANAGU\ AS APPROVED TO FORM: CITY ATTORNEY Boynton Beach Faith-Based Community Development Corporation ATTEST Signature BY: [Print Name] By: Print Name: Title: (CORPORATE SEAL) ITS: [Title] TOGETHER WITH R. M. Lee Community Development Center. Inc. ATTEST Signature BY: [Print Name] By: Print Name: Title: ITS: [Title] (CORPORATE SEAL) H:\ 1 990\9001 82.BB\AGMT\Non-Profit Developer Agmt (NSP).doc - 10- 1280f735 EXHIBIT A CITY OF BOYNTON BEACH - DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DIVISION POLICY GUIDELINES FOR NEIGHBORHOOD STABILIZATION PROGRAM- OWNERSHIP I. Program Description The "Neighborhood Stabilization Program" (NSP) is designed to improve neighborhoods by reducing the number of abandoned and foreclosed homes. The NON-PROFIT DEVELOPER will identify and take title to the NSP Homes. The NON-PROFIT DEVELOPER will rehabilitate the NSP Homes sell them to Eligible Families. II. Definitions "Broker" means an individual who possesses a real estate broker's license and has been hired by or contracted by NON-PROFIT DEVELOPER to identify the homes that will be purchased with Neighborhood Stabilization Program funds. "CDBG" means the Community Development Block Grant "Construction" means the construction of a new home or the rehabilitation of an existing home. "CITY" means The City of Boynton Beach "Developer's Fee" means the payment to the Non-Profit Developer as defined ;n Section Vi of these guidelines. "Development Director" means the Director of the Development Department or deSignee. "Eligible Family" means 0 family who is eligible to participate in the Neighborhood Stabilization Program as defined in Section X of these guidelines. "Eligible Neighborhood" means an area where Neighborhood Stabilization Grant tunds may be used to purchase homes as identified in the Neighborhood Stabilization Grant application that was approved by the Department of Housing and Urban Development "Low Income Eligible Family" - means a family with an income less than 50% of the Area Median Income as determined by HUD and who is eligible to participate in the Neighborhood Stabilization Program as defined in Section X of these guidelines. "NON-PROFIT DEVELOPER" means 0 non-profit entity that has been approved to participate in the Neighborhood Stabilization Program as designated in Section V of these guidelines. "NSP" means the Neighborhood Stabilization Program. - 11 - 1290f735 "NSP Home" means an abandoned or foreclosed home, condominium or townhome purchased with Neighborhood Stabilization Program funds. "CID" means the Boynton Beach Community Improvement Division. "Seller" means the current owner of on abandoned or foreclosed property being acquired as an NSP Home. "Subsidy" means the amount of NSP funds that ore used by the CITY to make the NSP Home affordable to on Eligible Family. Subsidy may include the Down Payment Assistance, Closing Costs and any grant funds provided to the Community Improvement Division of Tre City of Boynton Beach. In cases where the applicant receives a 0% interest rote loan, the net present value of the 0% loon will be Subsidy. The 60 day delivery rate for FNMA for a 30 year mortgage will be used to calculate the net present value of the interest rate. "Current Market Appraisal Value" means the value of a foreclosed upon home that is established through an appraisal made by a qualified appraiser and completed within 60 days after the final offer is made to purchase the property, III. Eligible Uses of NSP Funds NSP Funds may be used for the following eligible uses: 1. Acquisition of foreclosed or abandoned homes. 2. Construction costs including the installation of energy conservation improvements. 3. Developer's Fees. 4. Soft costs, such as appraisals, surveys and all other due diligence investigations. 5. Closing costs ossociated with the sale. 6. Other eligible uses as approved by the Community Development Manager. All NSP funds must be spent in compliance with NSP and CDBG rules and regulations. IV. Maximum Investment Per Unit The maximum amount of NSP funds that may be spent on anyone NSP Home will be consistent with the City's Local Housing Assistance guidelines, plus the developer fee as described in Section VI. V. Maximum Sales Price The maximum soles price of NSP homes sholl be no more than the cost to acquire and redevelop or rehabilitate the home or property up to the standards established by CITY. VI. Non-Profit Developers The City Commission of the City of Boynton Beach is authorized to designate 0 non-profit agency as a NON-PROFIT DEVELOPER if it meets the following conditions: I. It must have received a tax-exempt ruling from the Internal Revenue Service under Section 501 (c) (3) or (4) of the Internal Revenue Code. 2. It must have financial accountability standards that permit The City of Boynton Beach to account for and audit the awarded funds. - 12- 130 of 735 3. It must have a "Certificate of Good Standing" from the Florida Division of Corporations. The NON-PROFIT DEVELOPER will be required to perform the following services: 1. Obtaining title to the NSP Home directly from the Seller 2. If the NSP Home is to be rehabilitated, in coordination with CID staff, determining the repairs that will be needed on the NSP Home. 3. Selecting and managing the construction contractor. The NON-PROFIT DEVELOPER must make sure that the contractor costs are reasonable and in compliance with federal low. The NON-PROFIT DEVELOPER will. in conjunction with CID stafl. be expected to conduct regular inspections during the construction to insure that all repairs meet the City of Boynton Beach's Rehabilitation Standards. 4. Receiving invoices from the contractor, making sure that all requesfed payments are for completed work and submitting payment requests to the CID. 5. Keeping the lot mowed and the exterior landscaping maintained. 6. Paying the costs on the NSP Home while the NON-PROFIT DEVELOPER owns the property including the cost of the utilities, taxes and insurance. 7. Identifying the Eligible Family that will purchase the NSP Home and verifying that they meet the income and other eligibility requirements of the NSP program. 8. Working with the Eligible Families to resolve any credit issues and making sure that they qualify for 0 first mortgage on the NSP Home. 9. Identifying a suitable lender who will make the first mortgage on the NSP Home. The NON-PROFIT DEVELOPER should identify a lender that will provide the best financing for the Eligible Family taking into account the mortgage rate and other fees charged by the financial institution. 10. Arranging for and coordinating the sale of the NSP Home. 11. Insuring that the Eligible Family is aware ot a tax benefits that the Eligible FalT,ily may be eligible to receive. The NON-PROFIT DEVELOPER will be required to maintain detailed financial and program records related to the Acquisition, construction and Sale of the NSP Property to both insure that the CITY is in compliance with all CDBG and NSP rules and regulations and to allow the CITY to evaluate both the performance of the NON-PROFIT DEVELOPER and the NSP Program. VII. Developer's Fee In recognition that the NON-PROFIT DEVELOPER will incur expenses for the services contained in Section V, the CITY will pay the successful NON-PROFIT DEVELOPER 0 Developer's Fee. The Developer's Fee for each NSP Home will be an amount not to exceed thirteen percent (13%) of the total development cost. The Developer's Fee will be distributed as follows: Amount paid at closing when the NON-PROFIT DEVELOPER obtains title to the NSP Home- thirty three percent (33%) of the Developer's Fee. Amount paid when the NSP Home is sold to and when title transfers to on Eligible Family- the remaining sixty seven percent (67%) of the Developer's Fee. - 13 - 131 of735 Any Realtor's fee paid by the NON-PROFIT DEVELOPER on the sale of the NSP Home must be paid from the Developer's Fee. The NON-PROFIT DEVELOPER has the option to accept 01 decline the Developer's Fee. VIII. Acquisition of NSP Homes The NON-PROFIT DEVELOPER will identify the homes that will be purchased with NSP funds. All NSP Homes must be located in an Eligible Neighborhood and will be selected based upon the following principles: 1. The proximity to employment opportunities. 2. The proximity to public transportation. 3. The proximity to needed commercial centers. 4. The housing cost to the end user - including whether the unit hos access to public water and sewer 5. The discount from market value offered by the lender 6. The home will be located in the Northwest and Northeast Quadrants of the City ("Eligible Neighborhood") The NON-PROFIT DEVELOPER must hove a current appraisal (not more than 60 days old) before making a final offer to purchase a NSP Home. The amount paid for each NSP Home must be at 0 discount consistent with federal low. The property acquisition must be mode in conformance with federal law and the NON-PROFIT DEVELOPER must disclose the appraiso amount, the amount of the offer and inform the seller that if the NON-PROFIT DEVELOPER is unable to agree on a purchase price that the CITY will not attempt to acquire the property through the use of eminent domain. NSP Homes more than 50 years old must be submitted to the state Housing Preservation Officer to determine if they are eligible to be placed on the Federal Historic Register. NSP Homes built before 1978 must be analyzed to determine what actions may be necessary to comply with the federal lead based paint regulations. The seller of each NSP home must certify that they complied with the Tenant Protection Provisions applicable to the NSP program. No NSP Home may be purchased from the person or entity that will develop the property or any person or entity related thereto. IX. Acquisition by Non-Profit Developers The NON-PROFIT DEVELOPER will take title to the NSP Home using NSP grant funds for the amount negotiated. The NON-PROFIT DEVELOPER must demonstrate that it has the capability to receive the NSP Home. Prior to taking title to any NSP Home, the NON-PROFIT DEVELOPER must submit to the Community Development Manager the following information: 1. A marketing plan describing how the NSP Home will be sold. 2. A project schedule showing that the NSP Homes will be rehabilitated and sold within 12 months. 3. A detailed budget for the project that includes all anticipated costs of the project including the acquisition, construction and closing costs. - 14 - 132 of 735 x. Construction Management The NON-PROFIT DEVELOPER will be responsible for the award and administration of the construction contract. The NON-PROFIT DEVELOPER sholl take all necessary affirmative steps to ossure that small firms, minority owned firms, women owned firms, and labor surplus area firms are used when possible. Affirmative steps shall include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feosible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises: 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; 5. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce: and 6. Requiring the prime contractor, if subcontracts are to be let. to toke the affirmative steps listed above. In conformance with the requirements of Section 3 of the Housing and Community Development Act of 1968, to the greatest extent feasible, the NON-PROFIT DEVELOPER must award contracts for work to be performed to eligible business concerns located in or owned by residents of the NSP target area to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who ore recipients of governmental assistance for housing. The NON-PROFIT DEVELOPER will select the contractor from the City of Boynton Beach's approved contractor list. Prior to entering into contract with the selected contractor, the NON-PROFIT DEVELOPER must submit the name of the contractor and any other information needed by CID to determine if the contractor has been barred from participating in any federal program. The NON-PROFIT DEVELOPER must demonstrate that the amount being paid to the selected contractor is reasonable. The NON-PROFIT DEVELOPER will execute all construction contraCTS and sign a Notice of Commencement for the NSP Home. All requests for payment from the contractor must be initially submitted to the NON-PROFIT DEVELOPER for payment. The NON-PROFIT DEVELOPER, in conjunction with CID staff, will inspect the construction work, make decisions on the quality of work and recommend the approval of all construction payments. ClD staff will also inspect the property and approve all payments. If C1D does not authorize 0 payment. it will notify the NON-PROFIT DEVELOPER. Partial payments for completed work shall have 0 10% construction holdback. Prior to making any final payments, lien releases must oe received from the contractor, all subcontractors and any business that has provided - 15 - 1330f735 materials and who has filed a Notice to Owner and all building permits must have been closed out by the local jurisdiction. XI. Eligible Families To be an Eligible Family 0 household must meet the following requirements: 1. Each member of the household must be 0 U.S. Citizen or permanent resident alien. 2. The household must have an income at or below 120% of the County Median Income, as adjusted by family size as determined by the regulations governing the CDBG program. 3. The household must have qualified for a first mortgage loan from a mortgage lenoer to purchase the NSP Home. 4. The head of household must have attended and completed on 8 hour qualified community homebuyer education closs presented by a HUD approved counseling service. 5. The household must begin living in the NSP home within 30 days otter closing. The NON-PROFIT DEVELOPER will take applications from households that want to be designated as an Eligible Family. The NON-PROFIT DEVELOPER will collect and verify the income and assets of the household as well os any other information necessary to determine if the household is qualified to be an Eligible Family and submit that information to CID. The final determination of whether a household is an Eligible Family will be made by CIO. XII. Purchase of NSP Homes by Eligible Families The NON-PROFIT DEVELOPER must sell all NSP Homes to Eligible Families that hove incomes at or below 120% of the County Median Income, as adjusted by family size, however priority is to be given to families with incomes less than 80% of the County Median Income, os adjusted by family size. The NON-PROFIT DEVELOPER will select the Eligible Family that will purchose the NSP Home using its written criteria provided it is consistent with the NSP regulations. All properties must be sold to an Eligible family for an amount equal to or less than the cas! to acquire and any construction costs on the NSP Home. The actual sales price for any NSP Property will be the lesser of the aggregate of all costs of acquisition, construction and redevelopment (including related activity delivery costs, which generally include, among other things, costs related to the sole of the property) and the appraised value after construction is completed. All NSP Homes receiving subsidy under this program must ensure long term affordability by using one of the following recapture or resole mechanisms. XIII. Special Financing for low Income Families To meet the NSP Very Low Income requirement, the CITY may provide first mortgage financing to very low income families at an interest rate of three percent (3%) for a term of up to thirty (30) years. The NON-PROFIT DEVELOPER will service the loan and may charge a monthly servicing fee of ten percent (10%) of all funds collected. - 16 - 1340f735 Financing for low income families may be provided in the form of first and second mortgages when necessary. The second mortgage subsidy will be a zero interest (0%) loan for term of thirty (30) years. The assistance may be 0 third mortgage if the family receiving other down payment assistance from the State of Florida or Department of Housing and Urban Development with program rules requiring that it be placed in the second lien position. Repayments will be deferred until the NSP home is sold, transferred or no longer occupied as the primary residence of the applicant. If the home remains the primary residence of the applicant for the term of the mortgage, the full amount of the SUbsidy will be forgiven. XIV. Appeal Process The NON-PROFIT DEVELOPER or an Eligible Family may appeal a decision of the Community Improvement Division regarding the interpretation of these guidelines to the City's Developmenf Director, or his authorized representative. The formal appeal must be submitted in writing and received no later than 30 days after the decision. The formal appeal must contain the following information: 1. The name, address, and telephone number of the person and agency requesting the appeal. 2. A detailed statement of the alleged factual or legal errors mode by the Community Improvement Division. 3. The form of relief requested, The decision of the City's Development Director, or desianee is final. and may not be further appealed. XV. Termination of Awards In the event the NON-PROFIT DEVELOPER is unable to meet the timeline for the use of NSP funds os out lined in its project schedule in Section VIII or is unable to use the funds for eligible activities, the Community Development Manager may terminate any unused funding to the NON-PROFIT DEVELOPER and take action to recover any NSP funds that may have been previously disbursed to the NON-PROFIT DEVELOPER. Prior to taking this action, written notice must be provided to the NON-PROFIT DEVELOPER and the NON-PROFIT DEVELOPER must be given 0 period of time to correct the problem. In addition, the Community Development Manager must attempt to meet with the head of the NON- PROFIT DEVELOPER and offer technical assistance to assist the NON-PROFIT DEVELOPER to meet the requirements of the program. XVI. Administration of the Program The CID Manager will administer the Program consistent with these policies. In the event an affected party believes that the Community Development Manager or CID is not interpreting these policies correctly, the affected party must request 0 meeting with the Community Development Manager to discuss and seek resolution of the conflict. If. following a meeting with the Community Development Manager, the issue remains unresolved; the affected party will hove the ability to appeal the Development Director's decision as provided in Section XII. - 17 - 1350f735 XVII. Conflicts with Federal Law In the event these policies are found to conflict with Federal law or the rules of the Department of Housing and Urban Development (HUD), now or in the future, the Federal law or rules of HUD will take precedence. The Community Development Manager is delegated to amend these policies to the extent necessary to make these policies consistent with federal law or the rules of HUD. Within five working days of making any changes to these policies, the Community Development Manager must notity the CITY Administrator, or designee with a description of the changes made to these policies and the reason for any changes. - 18- 1360f735 EXHIBIT B SCOPE OF SERVICES 1. Description of Proiect A. The NON-PROFIT DEVELOPER will receive funding from the NSP Program for the purpose of acquiring and repairing abandoned and foreclosed homes. NSP funds will be provided in accordance with this Agreement. The home to be rehabilitated will be made available to Eligible Families of very low or moderate income os shown on Exhibil D. B. This Project will be located in the Northwest and Northeast quadrants of the CITY. 2. Purchase Closinq A. The NON-PROFIT DEVELOPER may request up to thirty three (33%) percent of the NON- PROFIT DEVELOPER'S Fee at the time of the acquisition of the home. Only funds necessary for the loan closing and predevelopment costs will be provided at this time. All existing liens on the property must be satisfied at closing. B. NON-PROFIT DEVELOPER'S title agent sholl provide to the CITY at its CID office a copy of the signed HUD-l settlement and signed warranty deed. A title policy must be provided as soon os possible after closing. 3. Construction Manaqement The NON-PROFIT DEVELOPER will coordinate with the contractor ond the CID Inspector to identify needed repairs to the NSP Home. The NON-PROFIT DEVELOPER, in conjunction with CID will assure that any bid proposals for proposed work on the NSP Home ore cost reasonable. Contractors may request three (3) partial payments. Requests for partial payments must be mode on the Contractor "Certificate of Payment" form, signed by the Contractor and accompanied by a detail or work that has been completed. Prior to releasing partial payment, a partial release of lien form signed by the contractor must be submitted. Partial payments will be limited to 90% of completed, acceptable work and must be approved by the NON-PROFIT DEVELOPER, the inspector, and the CID. Final payment will be made in one lump sum after 011 work is satisfactorily completed. To receive final payment, the contractor must submit a request on the Contractor Certificate of Payment Form signed by the Contractor, NON-PROFIT DEVELOPER, inspector and the ClD or designee. The Contractor Certificate of Payment Form should be accompanied by 0 detailed breakdown of the work completed. The NON-PROFIT DEVELOPER and CID will not release final payment until 0 Contract and Subcontractor Report. all releoses of liens have been supplied. The contractor will be responsible tor obtaining and paying for the necessary building permits from the Building Department prior to beginning construction. 4. Sale of Property NON-PROFIT DEVELOPER is not required to sell the NSP Home for the actual cost of the project. The NSP Home must be sold to Eligible Families whose income does not exceed 120% of the area median income adjusted to household size. Twenty five (25%) of the NSP funds must be set aside to be used to purchase and redevelop abandoned or foreclosed - 19- 1370f735 upon home or residential properties for housing individuals or families whose income does not exceed fifty percent (50%) of the area median income. 5. Subsidy Eligible Families may receive a SUBSIDY in accordance with the Policy Guidelines outlined in Exhibit A of this Agreement. 6. Close Out Phase Within 30 days of the sale of the NSP Home to an Eligible Family, the NON-PROFIT DEVELOPER must submit all records required under this Agreement and detail the cost of developing each NSP Home. Following acceptance of all documents by ClD, the NON- PROFIT DEVELOPER will be eligible to receive the balance of their NON-PROFIT DEVELOPER Fee. 7. Proiect Budaet The estimated budget for the NSP Home is detailed below. The budget is on estimate and the CITY will pay individual line items in excess of the amount listed for items not currently in the budget below provided the total amount paid does not exceed the maximum amount of the Agreement approved by the CITY. The NSP funds shall be paid to NON-PROFIT DEVELOPER at such time as said funds are expended by NON-PROFIT DEVELOPER in compliance with this project. Acquisition of Property Closing Costs to Purchase Property Construction Construction Contingency Closing Costs on Sale of Property Miscellaneous Soft Costs NON-PROFIT DEVELOPER Fee Total 8. Annual Reportino If the NSP home is a rental property, the NON-PROFIT DEVELOPER sholl submit on an annual basis proof that the rent being charged on the NSP home does not exceed the fair market rents for existing housing for comparable units in the area os established by HUD. - 20- 1380f735 EXHIBIT C INSURANCE Before performing any work on the Contract, the Contractor sholl procure and maintain, during the life of this contract insurance coverage listed below. The policies of insurance shall be primary and written on forms acceptable to the CITY and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum tinancial A.M. Best & Company rating of no less than A: Excellent VII. No changes are to be made to these specifications without prior written specific approval by the CITY. A. 1. Workers Compensation Insurance - on behalf of all employees who are to provide a service under this contract, os required under Florida Laws Chapter 440 and Employers Liability of limits no less than: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 2. Commercial General Liability - including but not limited to bodily injury, property damage, contractual. products and completed operations, and personal injury with limits of not less than $1,000,000 combined single limit per occurrence. 3. Automobile Liability - bodily injury and property damage including all vehicles owned, leased, hired and non-owned with limits of not less than $1,000,000 combined single limit covering all work performed under the Contract. 4. Umbrella liability - with limits of not less than $1,000,000 per occurrence covering all work performed under this Contract. 5. Builders Risk - when applicable, 0 special form coverage shall include, but not be limited to: a. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project. b. Theft coverage c. Waiver of Occupancy Clouse endorsement, which will enable the COUNTY to occupy the facility under construction/renovation during such activity. d. Limits of insurance to equal 100% of the insurable completed contract amount of such addition(s), building(s) or structure(s), on on agreed amount/replacement cost basis. e. Maximum Deductible clause of $10,000 each claim. 6. Hazardous Materials - For the purpose of this section: the term "hazardous materials" includes all materials and substances which are now designated or defined as hazardous by Florida or Federal law or by the rules or regulations of - 21 - 139 of 735 Florida or any Federal Agency. If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be addressed in on addendum. However if hazardous materials are identified while carrying out this Contract. no further work is to be performed in the area of the hazardous material until the Risk Management Division has been consulted as to the potential need to procure and maintain any or all ot the following coverage: a. Contractors Pollution Liability - for sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate, arising out of the work performed under this Contract including, but not limited to 011 hazardous materials identified under the Contract . b. Asbestos Liability - for sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this Contract. c. When applicable, the Contractor shall designate the disposal site and furnish a Certificate of Insurance from the Disposal Facility for Environmental Impairment Liability insurance covering liability for sudden and accidental occurrences in an amount not less than $3,000,000 per claim and $3,000,000 in the aggregate and shall include liability for non- sudden occurrences in an amount not less than $6,000,000 per claim and $6,000,000 in the aggregate. d. When applicable, the Contractor shall designate the hauler and furnisr a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $1.000,000 annual aggregate and provide valid EPA identification #. e. Certificates of Insurance shall clearly state the hazardous material exposure work being performed under the Contract. B. All pOlicies required herein, unless specific approval is given by the CITY, are to be written on an occurrence basis, shall nome The City of Boynton Beach, its Commissioners, Officers and employees as additional insureds as their interest may appear under this Contract, and the insurer(s) sholl agree to waive all rights of subrogation against the CITY, its Commissioners, Officer, Agents, Officials, Employees or Volunteers. C. Insurance requirements itemized in this section required by Contractor sholl be provided by or in behalf of all subcontractors to cover their operations performed. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors. D. Each insurance policy required by this Contract shall: 1. Apply separately to each insured against whom claim is mode and suit is brought. except with respect to the limits of the insurer's liability. - 22- 1400f735 2. Be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage or in limits except after 30 days prior written notice by certified moil. return receipt requested, has been given 10 the City of Boynton Beach's Risk Management Division. E. The City of Boynton Beach shall retain the right at any time to review coverage, form, and amount of insurance. F. The procuring of such required policy or policies of insurance shall not be construed to limit contractor's liability nor to fulfill the indemnification provisions and requirements of this Contract. Notwithstanding said pOlicy or policies of insurance, Contractor shall be obligated for the full and total amount of any damages, injury or loss caused by negligence or neglect connected with this Contract. G. The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Contract and shall be solely responsible tor the payment of all deductibles to which such pOliCies are subject, whether or not The City of Boynton Beach is an insured under the policy. H. Claims made policies will be accepted for professional and hazardous materials liability coverage and such other risks as are authorized by the Risk Management Division 01 tile CITY. All such policies contributing to the satisfaction of the insurance requirements herein shall hove an extended reporting period option or automatic coverage of not less than two years. If provided on option, the Contractor/ Subcontractor/Consultant agrees to purchase the extended reporting period on cancellation or termination unless a new policy is effected with a retroactive date, including at leost the last policy year. I. Certificates of Insurance - Certificates of Insurance evidencing claims mode or occurrence form coverage and conditions to this Contract, as well os the CITY'S contract number and description of work, are to be furnished 10 the CITY'S RiSK Management Division prior to commencement of work and within 15 days of expiration of the insurance contract when applicable. All insurance certificates shall be received and approved by the CITY'S Risk Management Division before the Contractor will be allowed to commence or continue work. J. Notice of Accident (occurrence) and notice of claim shall be given to the insurance company and the CITY'S Risk Management Division as soon as practicable after notice to the insured of any incident (occurrence) or claim. K. liability of Contractor - Pursuant to F.S.S.725.06(2), the Contractor shall indemnify and hold harmless the CITY, its Officers and Employees from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the contract. - 23- 141 of735 Exhibit 0 PALM BEACH COUNTY INCOME GUIDELINES 2009 MEDIAN = $67,600.00 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Extremely Low- ! Income 30% $15,840 $18,090 $20,370 $22,620 $24.420 $26,250 $28,050 $29,850 Median Very Low- Income $26,400 $30,150 $33,950 $37.700 $40,700 $43.7 50 $46,7 50 $49.750 50% Median , Low-Income $42,240 $48,240 $54,320 $60,320 $65,120 $70,000 $74,800 $79,600 80% Median Moderate Income $63,360 $72.360 $81 .480 $90.480 $97,680 $105,000 $112,200 $1 '9,400 120% Median - 24- 1420f735 NSP GRANT SUBMISSION TEMPLATE & CHECKLIST (UPDATED 10.21.08) NSP grant allocations can be requested by submitting a paper NSP Substantial Amendment or a form under the Disaster Recovery Grant Reporting (DRGR) system. This template sets forth the suggested format for grantees under the NSP Program. A complete submission contains the information requested below, including: (1) The NSP Substantial Amendment (attached below) (2) Signed and Dated Certifications (attached below) (3) Signed and Dated SF-424. Grantees should also attach a completed NSP Substantial Amendment Checklist to ensure completeness and efficiency of review (attached below). 1430f735 THE NSP SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Boynton Beach (identify lead entity in case of joint agreements) NSP Contact Person: Octavia S, Sherrod I Address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Telephone: 561/742-6066 Fax: 561/742-6089 Email: sherrodola).bbfl.us Jurisdiction Web Address: www.bovnton-beach.org A, AREAS OF GREATEST NEED Provide summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction. Note: An NSP substantial amendment must include the needs of the entirejurisdiction(s) covered by the program; states must include the needs of communities receiving their own NSP allocation. To include the needs of an entitlement community, the State may either incorporate an entitlement jurisdiction's consolidated plan and NSP needs by reference and hyperlink on the Internet, or state the needs for that jurisdiction in the State's own plan. The lead entity for a joint program may likewise incorporate the consolidated plan and needs of other participating entitlement jurisdictions' consolidated plans by reference and hyperlink or state the needs for each jurisdiction in the lead entity's own plan. HUD has developed a foreclosure and abandonment risk score to assist grantees in targeting the areas of greatest need within their jurisdictions. Grantees may wish to consult this data, in developing this section of the Substantial Amendment. Response: In order to determine the areas of greatest need the city was divided into quadrants, bounded by census tracts and roughly corresponding to City Commission Districts. An analysis of the information provided by BUD through Policy Map, a geographic information system, indicates that the areas of greatest need tend to be in the northwest and northeast quadrants of the city. Unfortunately, there is not enough data available to provide a more precise projection. Within the northwest quadrant, 1328 mortgages out of 8948 are in foreclosure. This represents nearly 15% of the total mortgages in this quadrant. Moreover, nearly 17% of the mortgages in this area are sub prime. It appears that there may be only a small section of this quadrant that is in jeopardy of having additional foreclosures within the next 18 months. Unfortunately, there is not enough data available to provide a more precise projection 2 1440f735 The northeast quadrant of the city has 5938 mortgages. Of these, approximately 653 are in foreclosure for a foreclosure rate of about 11 %. Sub prime mortgages range up to 28% of the total within this quadrant. Data also indicates additional foreclosure problems within the next 18 months with a projected risk factor higher than 7.85. Of 7253 mortgages in the southeast quadrant, 641 or 9% are in foreclosure. However, there is not sufficient data to predict what the next 18 months will yield. The southwest quadrant has 309 foreclosures out of 4458 mortgages, This represents a 7% foreclosure rate. This quadrant has not been as severely affected as the others. Although numbers previously noted for each quadrant appear to be quite high some of these units may have been resold. Nevertheless, the numbers are still significant, thereby generating a need for a remedy. B. DISTRIBUTION AND USES OF FUNDS Provide a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301 (c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a sub prime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures. Note: The grantee's narrative must address these three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. Response: NSP funds will be used to purchase abandoned foreclosed properties within the City of Boynton Beach, specifically the areas shoVv'l1 to have the greatest need as identified in Section A of this application to be the .northwest and northeast quadrant of the city. Seventy five percent of the city's foreclosed properties are located within the northwest and northeast quadrants. Subprime mortgages are also heaviest within these areas. It is anticipated that the rate of foreclosures will be increasing in these areas as well. C. DEFlNI110NS AND DESCRIPTIONS (J) Definition of "blighted structure" in context of state or local law. 3 1450f735 Response: Florida Statute 163.340 defines "Blighted Area" as an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government-maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Inadequate and outdated building density patterns; (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; (h) Tax or special assessment delinquency exceeding the fair value of the land; (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; G) Incidence of crime in the area higher than in the remainder of the county or municipality; (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; (1) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality (m)Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. Part III, City of Boynton Beach Land Development Regulations, Chapter 20, Buildings, Housing and Construction Regulations, Article VIII, Section 1 G. Unfit Dwelling Units, 1. Eligibility, Any dwelling or dwelling unit having the following defects, may be designated by the Development Department as unfit for human habitation: (a) The structure lacks illumination, ventilation, sanitation, heat, inadequate or unsafe wiring or other facilities adequate to protect the health and safety of the occupants or the public (b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such manner as to create a serious hazard to the health and safety of the occupants or the public. 4 1460f735 (c) The structure, because of the location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this article, is unfit for human habitation. (2) Definition of "affordable rents." Note: Grantees may use the definition they have adopted for their CDBG program but should review their existing definition to ensure compliance with NSP program -specific requirements such as continued affordability. Response: Affordable Rents is defined as those rents which do not exceed 30% of an amount representing the percentage of the area's median annual gross income adjusted for family size for very low-, low-, or moderate-income households, and the rents may not exceed the rent limits adjusted for bedroom size for the West Palm Beach-Boca Metropolitan Statistical area as defined by the U. S. Department of Housing and Urban Development annually. The Fair Market Rents for existing units in the area established by HUD in 24 CFR 888.111 for FY 2009 is outlined in the following chart: West Palm Beach - Boca Raton, FL HMF A o Bedroom $936 1 Bedroom $1036 2 Bedroom $1294 3 Bedroom $1830 4 Bedroom $1885 (3) Describe how the grantee will ensure continued affordability for NSP assisted housing. Response: All applicants purchasing units with NSP funds will be required to attend housing counseling classes at a minimum of eight hours conducted by HUD approved counseling agencies. To the greatest extent possible, mortgage payments should not exceed 30% of the family's monthly income. For purposes of rehabilitation, each dwelling purchased with NSP funds will adhere to HOME standards according to 24CFR 92.251 (a) (1) Housing that is constructed or rehabilitated with HOME (NSP) funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. No subprime mortgages will be allowed Dwellings previously purchased with HOME funds will revive those restrictions. All dwellings purchased with NSP funds will be secured by a promissory note and mortgage with the City of Boynton Beach for a period of time as specified in the agreement for a period of time no less than 15 years. 5 147of735 (4) Describe housing rehabilitation standards that will apply to NSP assisted activities. Response: The Housing standards governing dwellings purchased or constructed through the NSP program will be in accordance wlth compliance with the following statutory and regulatory requirements: Building Code: City of Boynton Beach Ordinance 08-031 - City Property Maintenance Code City of Boynton Beach Local Housing Code Housing Quality Standards Life Safety Code Model Energy Code ANSI standards for handicap accessibility HUD guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing D. Low INCOME TARGETING Identify the estimated amount of funds appropriated or otherwise made available under the NSP to be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50 percent of area median income: Note: At least 25% of funds must be used for housing individuals and families whose incomes do not exceed 50 percent of area median income. Response: $740,828.00 represents 25% of the NSP funds available to the City of Boynton Beach. At a minimum, this will be the amount of funds that will be expended on families whose incomes do not exceed 50% of the area median income. E. ACQUISITIONS & RELOCATION Indicate whether grantee intends to demolish or convert any low- and moderate-income dwelling units (i.e., ~O% of area median income). If so, include: · The number of low- and moderate-income dwelling units-i. e., :s; 80% of area median income-reasonably expected to be demolished or converted as a direct result of NSP-assisted activities. 6 1480f735 . The number of NSP affordable housing units made available to low- , moderate-, and middle-income households-i. e., :::; J 20% of area median income- reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion). . The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income. Response: The City of Boynton Beach does not plan to demolish or convert any existing low- and moderate-income dwellings with the use ofNSP funds. F. PUBLIC COMMENT Provide a summalY of public comments received to the proposed NSP Substantial Amendment. Note: Proposed NSP Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 15 calendar days for public comment. Response: The NSP Substantial Amendment was published and posted on the City of Boynton Beach's website beginning November 14, 2008, There were no comments. The plan was posted again beginning December 15,2008. NSP INFORMATION BY ACTIVITY (COMPLETE FOR &!!l!l ACTIVITY) (1) Activitv Name: Financing Mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties. Activitv Tvpe: Payment for reasonable costs associated with the planning and execution of the activities of the program in an effort to facilitate housing. NationaIOb;ective: Low-Mod Housing providing permanent residential structures that will be occupied by households whose annual income is at or below 120 percent of the area median. Activitv Description: The City of Boynton Beach and/or its representatives will be negotiating purchasing from lenders, vacant foreclosed properties in areas identified as having the highest volume of foreclosed properties and/or are at risk of having a high volume of foreclosures. Persons at or below 120 percent of the median income will be targeted, with special emphasis on 7 1490f735 expending at a minimum 25 percent of the allocation assisting persons who are at or below 50 percent of the area median income. Information obtained by the City Of Boynton Beach has identified the northwest and northeast areas of the city as those having the highest volumes of foreclosed properties. Location Descrivtion: (Description may include specific addresses, blocks or neighborhoods to the extent known.) To the extent known, NSP funds will be expended in the areas identified as having the greatest need. This will be the northeast and northwest quadrants of the city. Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent). 50% of area median: ,.....................................3 51-80% of area median: .................................3 81-120% of median: ............................,..........6 Total Budf;!et: $2,273,311 Responsible Organization: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Pro;ected Start Date: March 2009 Pro;ected End Date: September 2010 Svecific Activity Requirements: For acquisition activities, include: . Discount rate The City of Boynton Beach will adhere to NSP regulations by purchasing dwellings at a minimum 5% discount rate, maintaining an average portfolio of 15%. For financing activities, include: . Range of interest rates If due to market conditions, and non availability of first mortgage monies, the City of Boynton Beach finds it necessary to service mortgages, the minimum rate of interest as of this writing will be 3%, For housing related activities, include: · Duration or term of assistance: Minimum of 15 years . Tenure ofbeneficiaries--rental or homeownership: Homeownership · A description of how the design of the activity will ensure continued affordability 8 1500f735 o Home buyers counseling from HUD certified counselors required o NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than IS years o Energy efficient mechanisms will be installed to the highest extent possible o No subprime mortgages will be allowed o To the fullest extent possible, First mortgage payments not to exceed 30% of applicants' annual income NSP INFORMA TION BY ACTIVITY (COMPLETE FOR ~ ACTIVITY) (2) Activitv Name: Establish Financing Mechanism for Redevelopment of Residential Property. Activitv Type: Down payment assistance for families to occupy 30 newly constructed single family homes. National Objective: Low-Mod Housing providing permanent residential structures that will be occupied by households whose annual income is at or below 120 percent of the area median. Activity Description: The Community Redevelopment Agency of the City of Boynton Beach plans to contract with a developer to construct 30 single family homes in the northeast quadrant of the city on property acquired in the process of blight removal. Families at or below 120 percent of the median income will be the targeted purchasers. At a minimum, 25% of the units will be occupied by persons or families who are at or below 50 percent of the area median Income. Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known). Northeast quadrant ofthe city within census tract 6100. Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent). 50% of area median: ....................................8 51-80% of area median: ...............................8 81-120% ofmedian:...................................14 Total Budget: $400,000 9 1510f735 Responsible Orf!anization: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Community Redevelopment Agency of the City of Boynton Beach Pro;ected Start Date: April 2009 Pro;ected End Date: October 201 0 Specific Activitv Requirements: For acquisition activities, include: . Discount rate: N/A, new construction . Range of interest rates: Unable to determine first mortgage rate at this time NSP funds from 0 to 3% - market conditions at that time will dictate . Duration or term of assistance: Minimum of 15 years . Tenure of beneficiaries--rental or homeownership: Homeownership . A description of how the design of the activity will ensure continued afJordability o First time home buyers counseling from HUD certified counselors required o NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than 15 years o Energy efficient mechanisms will be installed to the highest extent possible o No subprime mortgages will be allowed o First mortgage payments not to exceed 30% of applicants' annual income NSP INFORMA TJON BY ACTIVITY (COMPLETE FOR ~ ACTIVITY) (3) Activitv Name: Planning and Administration of Neighborhood Stabilization Program funds. Activitv Tvpe: Administration. National Ob;ective: Decent Housing. Activity Descrivtion: General administrative expenses incurred by the City Of Boynton Beach in performing, planning and monitoring of the Neighborhood Stabilization Program. Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known). N/A 10 1520f735 Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent). N/A Total Budzet: $290,000 Resvonsible Orzanization: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Projected Start Date: September 2009 Projected End Date: October 2010 Svecific Activity Requirements: N/A 11 1530f735 6. F CONSENT AGENDA April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-040 - Ratify the SEIU Florida Public Services Union White Collar FY 2009/2010 Collective Bargaining Agreement. EXPLANATION OF REQUEST: The City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC have bargained in good faith and agreed to the proposed agreement. On March 16, 2010, the bargaining unit members voted to ratify. There are 136 active employees covered by the terms and conditions of this agreement. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no change to programs and services. FISCAL IMPACT: This is a one (1) year agreement. All items negotiated in this agreement are currently budgeted for FY 2009/2010. ALTERNATIVES: Not approve the contract and expose the City to the possibility of being charged with an unfair labor practice. 1540f735 RESOLUTION RI0-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC - WHITE COLLAR UNIT FOR THE ONE YEAR PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit have successfully concluded negotiations for a one (1) year contract; and WHEREAS, on March 16,2010, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and authorize the Mayor and City Clerk to execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit for the one (1) year period of October 1, 2009 through September 30, 2010, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA 1550f735 Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 1560f735 e AGRE;EMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC WHITE COLLAR BARGAINING UNIT :e Octo-ber 1,2009 - September 30, 2010 4 TA Ci", ~__ B,~h 1570f735 e e ,8 TABLE OF CONTENTS ARTICLE 1 .... ...... .......... ........ ........ .......,.,... ......... ........... .........,....." ........ ...... .......... ..... ......5 1.0 PREAMBLE..., ........ ......,..... .......... .......,..... ............., ............ ..... .................. ............ 5 ARTICLE 2 ....., ..... ..... ...... ........,..... .......". ........ ..........., ......,............ ...... ......... .............., ...... 6 2.0 RECOGNITION.. ...................... ................. ................ ...., ........ ,..... ..... ........ ..... .......,6 ARTICLE 3 .............. .....,...... ......................,.........,.............................. ....................... ......... 7 3.0 RIGHTS OF EMPLOYEES ........................................................,.......................,...7 ARTICLE 4 . ......... ..... ..... .,......, ....... ............ ..........' ...... .............. ............... .............. ..........,.. 8 4.0 MANAGEMENT RIGHTS ........,......................................, ............... ......., .............. 8 ARTICLE 5 .....,................. ................., ,................,...............,.............,.., .....,....... ,...... .......1 0 5.0 STRIKES ......,.......,................,.............. .......,........... ....................... ........,..... ,........1 0 ARTICLE 6 ... .......... ....... ........ ............ .................. ...................... ......,. ........... ........ ........... .11 6.0 NON-DISCRIMINA nON ......................................................................,.............11 ARTICLE 7.0 .... ..... ...........,. .........,.. .......... ............. ......... ....... ............... .............,..., ........ ..12 7.0 REPRESENT A nON OF THE CITY ...................................................................12 ARTICLE 8 ............................................ ,.....".. .......,........... ....................... .............. .........13 8.0 UNION REPRESENTATION ...........,................................,......................,..........13 ARTICLE 9 ............................. ......,'...... .....' ........,.........,.........,.............,........................., .15 9.0 COLLECTIVE BARGAINING ....................,......................................................., 15 ARTICLE 10 ,............,..... ........., ............ ............................,....,...,........' ..... ..................,.....16 10.0 UNION TIME POOL ..,.........................................................................................16 ARTICLE 11 ,............... .......,................................ ...,..................... .........,............. ,............18 11.0 BULLETIN BOARDS ..........................................................................................18 ARTICLE 12............ ,........... ................,....,........, ......,................... .....,................. ..........,..19 12.0 PROGRESSIVE DISCIPLINE..........................,..... ................................,.............19 ARTICLE 13 ........... .......... ......... ............' .......... ................. ........ ...... ............... .................. 30 13.0 GRIEVANCE PROCEDURES ..........,....,.,...........................................................30 ARTICLE 14 .. ,....... ...... ......, ........,..... ............ .......... ............. ............ ..... .......... ,................ .34 14.0 BASIC WORK WEEK AND OVERTIME ..........................................................34 ARTICLE 15 ...,................,........ ....'......, ........., ,'........................,...,..... ,......,.. ............. ....... 36 15,0 COMPENSATORY TIME.............. ..,.......... ........................................ .... .............36 ARTICLE 16 ... ...... ........... ......... ......, ..... ......... ,.... .............. ...... ,.. ....... ..... ......................... ..37 16.0 WAGES.... .,........ ................ ...................................................................................37 ARTICLE 17 ............ ....,......, ..............................,................. ".......................... ...........,.....38 17.0 PROMOTIONS, RECLASSIFICA nONS, TRANSFERS & DEMOTIONS ...... 38 ARTICLE 18............................. ...;...,.... ,........., ........,........,....................,................ ,.........41 18.0 STANDBY PAY ....................................................................................................41 ARTICLE 19 ................,.............. ....,............ ,.... ....,..........., ....................... ............ ............43 19,0 EMERGENCY PAY POLICY..............................................................................43 ARTICLE 20 ... ........................,........... ............ .................,...... ..........................................44 20,0 CERTIFICATION' PAY ..............................,.....................................................44 ARTICLE 21 .. ...............,........ ....... ............, ........., .......... ........ .....,......... ....., .......' ......,.... ...45 21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES .........................................45 2 1580f735 e e e 1590f735 e e .e ARTICLE 45 .... ...... .... ...... ............ ............,....... ...... ........... .......... ........... .... ......... .....,.. ...... 74 45.0 LONGEVITY BENEFIT., ............ .... ,..... ................., ...... ............... ............. .... ....... 74 ARTICLE 46 .. ........... ............. ...........,..... ................. ........ ........... ......., ..... ,............,.... ......,75 46.0 BONUS INCREASES ..:..............................,...... ................................................... 75 ARTICLE 47 ....................................,.......................,........................................................76 47.0 LABOR-MANAGEMENT ...., ................,.... ......,................,................,............,...76 ARTICLE 48 ................................. ............,......... ...................... ,..... .........,..................."." 77 48.0 SAVINGS CLAUSE ..............................,........................................,..................... 77 ARTICLE 49 ..........................,................,..,...........,...........................................,.............. 78 49,0 MAINTENANCE OF CONDITIONS ..................................................................78 ARTICLE 50 ...."........,.....;.................., ..............' ........'.. ...... ........... ..... ............................. 79 50.0 POSTING OF AGREEMENT..........,......................,............................................. 79 AR TIC LE 51 . .... ...... ....... .... ............ ......... ....... ............ ....... ..... ...... ..... ..... .................... .......80 51.0 COLLATERAL DOCUMENTS ............................,..............................................80 ARTICLE 52 ,... ...... ...... ,.... ...'..., ...... .....,.. ...., .........,.... ......... ........ ,..... ..............,........ ......,...81 52.0 DURATION ............................ ....... ......... ..... ................. ........,..,............................ 81 ~B"Y'''''' B_ TAS~=U"im 4 1600f735 e e e ARTICLE 1 1.0 PREAMBLE 1.1 This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the Employer" or "City", and the SEIU Florida Public Services Union CTW, CLC, hereinafter referred to as the "Union.'':...The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly aild meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community. 1.2 The parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual mterest in accordance with the law. ~ TA City of Boynton Beach 161 of735 e ARTICLE 2 e e 2.0 RECOGNITION 2, 1 The City of Boynton Beach hereby recognizes the SEIU Florida Public Services Union, CTW. CLC as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and tenns and conditions of employment of the pubic employees within the bargaining unit. 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. 2.3 In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC). the unit recognized by the PERC shall control. TA c.y~ton B",b 6 1620f735 e e e I I ARTICLE 3 3.0 RIGHTS OF EMPLOYEES 3.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 3.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. 3,3 Employees may request a Union representative to be present when the employee is subject to an investigatory interview and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says. i~ 7 TA City ofBoynlon Beach 1630f735 It e e ARTICLE 4 4.0 MANAGEMENT RIGHTS 4.1 Except and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. ~ther, fuU effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise, The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority, which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: 4.1.] To detennine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. 4.1.2 To maintain economic stability. 4.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. 4.1.4 To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub- contract existing and future work. 4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees, 4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 4.1.7 To determine the organization of City government. 4.1.8 To determine the purpose and ~ departments and positions therein, "fA City of Boynton Beach 1640f735 e e e 4.1.9 To set standards for service to be offered to the public, and standards for the performance of duties of job assignments. 4.1.10 To manage and direct the work of the employees of the City, including the right to assign work and overtime, 4.1.11 To establish, determine, implement and maintain effective internal security practices. 4.1.12 To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. 4.1.13 To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods, 4,1.14 To adopt or enforce cost or general improvement programs, 4.1.15 In a civil emergency, to use personnel in any lawful manner. 4.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 4.3 The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union after notice fails to object to that decision within six (6) months. it shall be considered finally imposed. W TA City of Boynton Beach fA~ 9 TA SEIU FI Ida Pubhc Servtces Umon 1650f735 e e e ARTICLE 5 5.0 STRIKES 5.1 The SEIU Florida Public Services Union, CTW, CLC ,or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. 5.2 In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City twelve (12) hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. ()~ 10 T A SEIU Flonda Public Services Union 1660f735 e e e ARTICLE 6 6.0 NON-DISCRIMINATION 6.1 The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirms their joint opposition to any discriminatory practices to the extent prohibited by law in cOMection with employment. 6.2 It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. !1J T A City of Boynton Beach ~ 11 T A SEIU Florida Public S~rvices Union 1670f735 e ARTICLE 7 7.0 REPRESENTATION OF THE CITY 7.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. e e V-r;; T A City of Boynton Beach ~ a' '12 T A S~IU FI ida Public Services Union 168of735 e e e ARTICLE 8 8.0 8.1 UNION REPRESENTATION The City agrees to recognize the Union's officers and four (4) City employee stewards as agents of the Union. The Union shall furnish written notice to the Department Head of the designated Union officers and stewards within three (3) days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the four (4) City employee stewards. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as Steward. Non-employee officials of the Union shall, with prior written notification to the City Manager be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to. City facilities for safety and lor security purposes. 8.2 8.3 Union stewards will be granted leave to engage in collective bargaining subject to the limitations set forth in Article 9, 9.2, or to meet with the representatives of the City and. consultation ~th management representatives to avoid or resolve grievances including Labor/Management meetings, subject to section 9.2. 8.4 Union stewards may be granted leave and may utilize "union time pool" time to engage in the following representative activities: 1. When an employee who is required to appear at a hearing related to a grievance and or arbitration. 2. When an employee who is or responding to a 'disciplinary action or investigation. 3, When an employee is attending a pre-determination hearing. 4. When additional Stewards or bargaining ubit members are participating in collective bargaining in accordance with Article 9, Section 9.2. Members of the bargaining unit may each donate a proportionate share of the hours necessary to fund the Union time pool. Union time pool time may be transferred from steward to steward. Stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the on- going day to day operations in any department. Additional hours may be used, with pay, when those hours are funded by "Union Time Pool" time. The City may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives the ""'ployee of his '" her right of representation. . ~ T A C;ly-~",O" B~'" T A.IV ~orida p","" S"""', Uni"" 13 1690f735 e e e 8.5 No employee shall engage in Union business while on duty except as referenced in Section 8.3. 8.6 The City Manager will grant the Union stewards combined leave, without pay, for a total of twenty (20) days per year in order that they may attend conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. 8.7 Stewards shall maintain and provide to the City a Union Business time-out slip that shall be processed to show their accumulated hours used against the Union time pool. The form for this purpose shall be attached hereto as Appendix "A" to this agreement. 2b TA City of Boynton Beach ~ T A SEIU Florida Public Services Union 14 1700f735 e e e ARTICLE 9 9.0 COLLECTIVE BARGAINING 9.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. The President of the Union. or the person or persons designated shall have full authority to conclude a Collective Bargaining Agreement on behalf of the Union subject to a majority vote of those members of the Bargaining Unit voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered. into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. 9,2 No more than three (3) stewards or bargaining unit members may participate in collective bargaining while on duty, without loss of pay. Additional Stewards or bargaining unit members may participate in collective bargaining (present at the table) by utilizing Union Time Pool hours, or while off duty, or when on approved paid leave. v~ T A City of Boynton Beach 171 of735 4It ARTICLE 10 10.0 UNION TIME POOL 10.1 Members of the bargaining unit may each donate a share of their accrued vacation and/or sick leave hours (provided the member maintains at least 120 hours of accrued time) to fund the Union time pool. The employee's designated donation shall be deducted each October 1st during the tenn 'of this agreement. A list of those employees donating to this time pool shall be maintained by the Union, a copy of which will be provided to the City Manager, Human Resources Director and Finance Director. 10.2 Union time pool time may be transferred from steward to steward. If the total hours used exceeds the total amount of hours in the time pool, stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the on-going day to day operations in any department. Additional hours may be used, with pay, when those hours are funded by "Union Time Pool" time. e 10.3 The City may delay the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives the employee of his or her right of representation. Whenever the City has scheduled a meeting at which a Union representative is required and that meeting is canceUed, the City shall reschedule the event at the convenience of both parties. 10.4 Donations to the union time pool shall be solicited by the union during ratification of the agreement or any other non-work time. Donations shall be transferred from the employees appropriate leave bank within thirty (30) days of the time of donation, and each year of the agreement during the month of October. 10,5 When employee donations into the union time pool reach 50 hours, the City shall donate 25 hours to the union time pool. There will be no further donations from the City, 10.6 Time pool hours shall roll over from one year to the next. 10.7 Union representation shall utilize the designated union time-out slip when using time pool hours. It T A 0;,:1.#;"00 Bo,.;, ~) I" TA SEIU FJoTlda Public Services Union 1720f735 e e e 10.8 Union time pool hours shall only be used for a steward's leave from assigned regular duties. 10.9 Union time pool hours shall be classified as paid leave from work. ~0 TA City of Boynton Beach ~ 17 TA SEIU Flo {Ja Public Services Union 1730f735 e e e ARTICLE 11 11.0 BULLETIN BOARDS 11.1 The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use ofSEnJ Florida Public Services CTW,CLC members. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings. E. Union newsletter On Track (may be unsigned) 11.2 AU other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 11.3 The Union shall not post endorsements for candidates who are running for office, V0 T A City of Boynton Beach TA 1740f735 18 e e e 12.0 ARTICLE 12 PROGRESSIVE DISCIPLINE 12.1 PURPOSE 12.1.1 The City is committed to recruit, train, and retain qualified employees who will contribute to the City's mission, 12.1.2 The success of the City government in providing quality and efficient public service directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. 12,1.3 When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. 12.1.4 No employee shall be disciplined or discharged without just cause. 12.2 POLICY 12.2.1 Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly to insure the successful operation of the City and its services. However, in certain circumstances punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance or severity of the incident. 12,2.2 Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 12.2.3 A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate measure. Yo TA City of Boynton Beach 19 1750f735 e 12.2.5 The level of misconduct may differ in individual cases from apparently similar incidents, The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the rights of the City, but are to be used as a guide. e 12.2.6 Verbal and written counseling will not be subject to administrative review by the Htunan Resources Director. Regular employees may respond to written reprimand discipline actions by requesting an administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Htunan Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. All prior discipline received by an employee may be considered when a new discipline is contemplated. Discipline older than 36 months may only be reviewed and not used for progressive discipline. A pattern of discipline over a short period of time has greater weight than sporadic discipline spread over an extended period of time. EXAMPLESOFNUSCONDUCT The following types of infractions, offenses or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses that violate permissible behaviors or are specifically prohibited by law. The following are examples of violations that shall result in discipline and the progressive discipline actions that may accompany the violations. MISCONDUCT I, Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part of the employee, on the job which hinder or jeopardize the successful operation of the City, undermine teamwork and cooperation among City employees, or undermine the public confidence in the City or its employees, 2. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b, Failure to use all safety restraints when riding in or operating a City vehicle c. Failure to wear and or use prescribed uniforms or equipment e 3. Abuse of Personnel Policies, including but not limited to: ~0 TA City of Boynton Beach 20 1760f735 \' e e e a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism b. Failure to notify Department end or Human Resources of current address and telephone number within ten (10) calendar days of change c. Failure to report any outside employment 4. Abuse of departmental procedUres and work rules including: a. Failure to provide name and official title to any person requesting same when perfonning work related duties b. Habitual extension of lunch period or break. period c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior NOTE: This chart outlines the usual progression options for occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE l~' OCCURRENCE 2NU OCCURRENCE 3JW OCCURRENCE Misconduct Written Counseling Written Reprimand Suspension Without Payor Dismissal SERIOUS MISCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles 2. Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of a supervisor 3. Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within thirty (30) minutes before shift start time c, Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status e. Outside employment which conflicts, interfered or otherwise hampers the perfonnance of the employee in their City job 4. Ineff~Y 0' Incompetence T A CIty of Boynton Beach 1770f735 21 e It e a. The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. b, Refusal to perfonnassigned duties and responsibilities. c. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation within 60 days of the "Does not Meet Standards" or "Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Standards" {as outlined in the Incentive Pay System Policy}. The following chart outlines the progressive discipline options for occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. . OFFENSE TYPE 1 ~l OCCURRENCE 2NU OCCURRENCE 3lW OCCURRENCE Serious Misconduct Written Reprimand or Suspension Without Dismissal Suspension Without Pay Payor Dismissal EXTREME MISCONDUCT 1. Violations or disregard of City Safety Policy & Procedures, including: a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employees' on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment \\oithout a required and valid driver's license e, Failure to report the revocation or suspension of a driver's license when employment involves driving 2, Abuse of Personnel Policies, including, but not limited to: a, Possession of a fireaim or concealed weapon on City property or while performing official duties without written permission from the Department Director (excluding law enforcement officers) b. Gambling during work hours c. Refusal to sign a disciplinary form d. Suspension or revocation of any required job related license or certifications, 3. Abuse of departmental procedures and work rules, including: TA City ~"'" "'~h 22 1780f735 e e e a. Unauthorized personal use of City equipment or funds b. Conducting personal and/or private business on City time; improper use of City time for such activity c. Falsifying attendance records d. Other department rules as communicated by director or supervisor 4. Illegal, unethical or improper acts, including: a. Theft or removal of City property without authorization b. Falsifying employment application or concealing information during pre- employment screening or processing c. Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 1 I 2, Florida Statute d. Giving false information or failure or refusal to fully cooperate or provide full truthful information in City initiated investigations e. Possession, use or sale of illegal drugs, alcohol or prescription medication that alters the employee's performance on the job or any confirmed positive drug test f. Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program h. Refusal to submit to a City required drug or alcohol test i. Falsifying or attempting to falsify a City ordered drug test J. Violating the City's Sexual Harassment policy through interaction with another employee or a member of the public k. Conviction ofa felony (Including non-work related) The following chart outlines the progressive discipline options for incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE )'1 OCCURRENCE 2'''' OCCURRENCE Extreme or Unlawful Suspension Without Dismissal Misconduct . Payor Dismissal Note: The progressive discipline steps outlined above refer to the discipline options the City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the appropriate level of discipline if the employee is found to have committed the offense. 12.3 PROCEDURE FOR DISCIPLINARY ACTION 12.3.1 When an immediate supervisor becomes aware of conclusive evidence of the need for the employee discipline, helshe becomes responsible and shall investigate the circumstances of the misconduct or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken, Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervi r in order to T A Cit~ynton Beach 23 T 1790f735 e establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. 12.3.2 Administrative Review - Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. Verbal Counseling, and Written Counseling will not be subject to administrative review by Human Resources. Administrative investigations shall be conducted expeditiously, e Criminal Investigations - Investigations conducted when criminal violations are reportedly committed by an employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. 12.3.3.1 In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of final disciplinary action. 12.3.3 12.3.3.2 The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days with pay require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproved. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued, so that the matter can be investigated. 12.3.3.3 A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be counted as disciplinary in nature. A document confirming a favorable determination as to the matter should be made part of the employee's record. VERBAL W ARNlNG or other instructive verbal communication will not constitute discipline and an employee is not entitled to union representation when management is e taking such action. Verbal warning or other instructive verbal communic tion may be fA citp,.,,,..o B=' 24 1800f735 e e e used to establish that an employee knew or should have known that performance, work habits, and behavior is not appropriate. 12.4 TYPES OF DISCIPLINARY ACTION A. WRITTEN COUNSELING - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior, and counseling the employee on improvements expected. Written Counseling serves as a warning against further repetition of employee behavior. Future violations will result in discipline up to and including tennination. The immediate supervisor should complete a Written Counseling Memorandum. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Written Counseling Memorandum shall be fonvarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRIITEN REPRL\1AND - Consists of an immediate supervisor issuing a written notice of reprimand to improve perfonnance, work habits or behavior. A written reprimand should include a complete description of the incident{s) of misconduct, inappropriate behavior, work habits or performance which require improvements; previous records of discussion; a time frame within which the employee must correct or improve hislher behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the immediate Supervisor and the management witness and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. Such signature does not constitute agreement with the contents. Employees may submit comments for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvements, a follow-up discussion at the end of the designated time period should be conducted. The follow-up discussion will provide a specific opportunity to review the employee's improvements relative to the si8eipline. Written reprimands should be reflected on the employee's performance appraisal along with any noted improvements. C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. aUbd 25 TA SEIU Florida Public Services Union * T A City of Boynton Beach 181 of735 - It e Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline supports a suspension without pay for a specified period of time. 1. With the written authorization of the Department Director and Human Resources, immediate. supervisors have the authority to issue a suspension without pay for two (2) working days or less, 2, All other suspensions without pay require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. 3. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The mitten notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including tennination. 4. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the mitten notification, and forwarded to Human Resources for inclusion in the employee's record, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. D, DEMOTIONS - In the context of this policy demotion consists of an employee being involuntarily removed from a higher level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of the inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions such as licensure or certification. In addition, probationary employees shall be subject to demotion without the City being required to state a reason. The probationary employees shall not have access to any appeal process with regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Human Resources Department prior to a written recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Human Resources. Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shall be provided to the employee by the department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shalf also 116 T A City of Boynton Beach (J~ 26 T A Sr-IU Fl ida Public Services Union 1820f735 e e e include that future violations will result in further disciplinary actions up to and including tennination if the demotion was a result of misconduct. All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroll purposes, Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship, At such time all employee benefits cease, except as otherwise provided by law, Immediate supervisors shall supply through documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources, Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person, However, after two unsuccessful attempts to deliver the notification, then the notice shall; be sent via US mail to the most recent address on record in the personnel file, The recommendation shall include the following information: 1. The underlying reasons for the recommended termination 2, Documentation upon which the Department Director relied in formulating said recommendation 3. An explanation of his/her rights to request a predetennination hearing prior to termination taking effect and the facts that the decision to discipline of the City Manager shall be final subject to grievance and arbitration as provided for in Article 13 of this Agreement. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee and hislher Department Director. Employees may submit comments for inclusion in their personnel file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. T A Cily~'" """" (l~ 27 TA sEiu 'da Public Services Union 1830f735 e tit e 12.5 RIGHT TO PRE-DETERMINA nON HEARING Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The City Manager's designee shall conduct the predetennination hearing. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his/her choice, The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of hisfher action and establish the suspension or termination date(s) if appropriate. Information gathered before, during or after a pre-determination conference constitutes part of the City's investigation or an act of omission that can result in discipline, 12.6 EMPLOYEE APPEALS - GRIEVANCES 12.6.1 Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 12.6.2 Regular employees shall have just cause appeal and grievance rights as outlined in Article 12 of this Agreement. 12.6.3 Regular employees may respond to disciplinary actions of suspensions without pay of one (1) workday or less by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 12.6.4 Regular employees may appeal a disciplinary action greater than a suspension without pay of more than one (1) work day using the same procedure for grievances as set forth, in Article 13, Grievance Procedures. When a grievance/disciplinary appeal is not settled the Union may initiate arbitration starting at Step 3 in Article 13. Regular employees may not grieve a one (1) day suspension. )Jb TA City of Boynton Beach 0. f~j 28 T A sIn'u Flo Public ervices Union 1840f735 e 12.7 PERFORMANCE IMPROVEMENT PLAN Employees who receive a Written Reprimand with a Suspension shall be placed on a Performance Improvement Plan. The putpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face dismissal. CRIMINAL CHARGES 12.8 DISPOSITION OF CRIMINAL CHARGES When a City employee who is a member of the bargaining unit is arrested and charged with a felony offense, the employee shall be placed on administrative leave without pay until final disposition of the criminal charges. An employee who is convicted of or who pleads guilty or no contest to a felony in conjunction with a plea negotiation shall be terminated from their employment with the City. e An employee placed on administrative leave without pay, under these circumstances may use accrued vacation and accrued sick time during the leave period, If found innocent or if the State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated. e ~cp T A City of Boynton Beach tA.~ 29 T A sffiu Fl ida Public Services Union 1850f735 e ARTICLE 13 13.0 GRIEVANCE PROCEDURES e e 13.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only.after all attempts to resolve the dispute through labor management meetings has failed. 13.2 No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance wiLb such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Counseling and performance evaluations cannot be grieved. 13.3 All grievances shaH be in writing on a form prepared by the City and the Union. All responses to a grievance must be in writing and dated by the responding party. Grievances not appealed to the next higher step within the prescribed time limits will be considered withdrawn and need not be further processed by the City. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended only by mutual written agreement of the Union and the City. 13.4 GRIEVANCE PROCEDURE STEPS The parties agree to a step procedure for processing grievances. The deadlines hereinafter listed may only be extended by written agreement of the parties. An extension or waiver of a deadline shall never be inferred by the conduct of the parties. When the Union fails to timely move a grievance to the next step, the grievance is deemed withdrawn and cannot be re-filed. When the City fails to respond at any step, the grievance is deemed denied and the Union may proceed to the next step. The parties agree to substitute a grievance tracking system which utilizes the City Clerk's Office as a conduit for filing as follows: 13.4.1 Step 1. Within ten (10) business days of the incident or the time which the ~IOYee bad knowlodge of the ineident, the Uni nt.' itiate. . evanee ~~ T A City 0 oynton Beach 1860f735 e e e filing a grievance with the City Clerk's Office, with a copy to the employee's Department DirectorlDesignee. The grievance shall be hand delivered or sent by facsimile between the hours of8:00 a.m. to 5:00 p,m. The written grievance should state the following: a. Statement of the grievance and the facts upon which it is based. b. The Article(s) and Section(s) of this Agreement alleged to have been violated. c. The action., remedy, or adjustment requested. d. The signature of at least one aggrieved employee and/or a union representative and the date filed. e. A statement indicating the grievance is a class action grievance, when appropriate. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). f. A statement identifying the positions of the class of workers affected, when brought as a class action grievance. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). In the event a grievance doesn't contain the required information, as listed above, it shall be returned to the grievant and/or Union Steward for further processing. If the ten (l0) working days since the initial incident has passed when the grievance is returned, the period for the grievant and/or Union Steward to resubmit to the City Clerk's Office will be extended forty-eight (48) hours. The Department Director shall respond to the grievance on or before 5:00 PM on the eleventh (11 th) business day following the date of receipt of the grievance. 13.4.2 Step 2 In the event the employee is not satisfied with the disposition of the grievance by the Department Director/Designee, the, union, shall have the right to file a written appeal of the decision to the Human Resources Director within five (5) business days of the date of receipt of the Department Director's!Designee's decision. Within five (5) business days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee, and schedule a meeting within five (5) business days to discuss the matter. The Human Resources Director or designee shall respond in writing to the employee within five (5) business days of the meeting. 13.4.3 Step 3 When a grievance/disciplinary appeal is not settled under the forgoing steps of the grievance procedure, the Union, within twenty (20) days of such decision or termination, may initiate arbitration by filing a request with the Federal tt2 TA City of Boynton Beach 31 1870f735 e e tit Mediation and Conciliation Service for an arbitration panel. A copy of the request shaH be served on the City, The City and the Union will select arbitrators from a panel list provided by the Federal Mediation and Conciliation Service (FMCS). The arbitrators shall-set the hearing with the understanding that the hearing on the matter appealed will be heard within ninety (90) calendar days following appointment. If the arbitrator is not available within the ninety (90) day period, the next arbitrator shall be used. The arbitrator shall make a final and binding ruling within thirty (30) days of the hearing or, when requested by either party, the subm ission of briefs. 13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall n:>t have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented, The decision of the arbitrator on any matter within hislher jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. When an arbitrator has been selected by the parties. the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior 'to the commencement of an arbitration hearing on the grievance itself, if the matter can be arbitrated. The issue of arbitrability shall be determined in summary fashion without a hearing. The parties shall submit the issue to the arbitrator by motion of the city with supporting documentation and/or affidavits. The Union shaH file its response with supporting documentation and affidavits within ten (10) days of the City's motion. The arbitrator shall make hislher ruling based on the documents provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct one telephone conference with counsel for the City and Union prior to ruling on the City's motion. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost 'of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. 13.5.1 The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance step or after the terminated employees' pre-determination hearing. 2~ TA City of Boynton Beach 1880f735 e e e 13.6 The hearing shall not be fonnal and the strict rules of evidence shall not apply. 13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event ofa settlement, the arbitrator's fee and expenses shall be born equally by the parties, unless they agree otherwise. 13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of holidays recognized by this Agreement. .~ TA City of Boynton Beach 33 1890f735 e e e 14.0 ARTICLE 14 BASIC WORK WEEK Al\"D OVERTIME 14.1 The basic workweek shall consist of forty (40) hOUTS, Wlless otherwise specified, The City Manager will establish and may change the basic workweek and hOUTS of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. 14.2 Employees shall receive two (2) fifteen (15) minute paid breaks each day. 14,3 14.4 Abuse of break time is grounds for progressive disciplinary action. All authorized and approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one-halftimes the employee's straight time rate. Only hours actually worked will be counted for the purpose of calculating overtime. 14.5 14.6 Overtime shall be offered for a specified work function on a rotating basis based on seniority to those employees who normally perform the job functions during their regular work hours. 14.6,110 the event an employee is required to work overtime, he/she shall not have his regular shift hours changed nor shall he/she be placed in a non- paid status in order to preclude the payment of overtime. 14.6.2Supervisors shall provide no less than two (2) hours advance notice to employees prior to the assignment of Wlscheduled, mandatory overtime unless circumstances prohibit such advance notice, in which case, the employer shall give as much notice as is reasonably possible. 14,7 Employees may all be required to work additional hours as directed Wlless excused by supervision. 14, 8 Shift Bidding and Posting. Employees who work in departments within the City in classifications that are covered by more than one shift shall be allowed to bid shifts, which shall be granted by seniority once each year to be completed by January 31st, Should management have a compelling operational need, they may designate the number of A-Class workers (those with five or more years of experience) and the number ofB-Class workers (those with less than five years of experience) required to work on each shift so that a balance of experience may be achieved for each shift. Employees shall have an opportunity to give input on the development of their shifts. d""'"B=h TrJ.~N;""U"iM 34 1900f735 e e e 14.9 Employees cannot be in a work status more than seven (7) minutes prior or seven (7) minutes after regular workday unless they have their supervisor's approval to be in a work status. Each employee must be advised of the official start and ending time of their department workday. For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute Rule." This rule means that an employee will not be eligible for overtime until he/she has been on the job for more than seven minutes, i.e, at the start of the eighth (8th) minute they would then receive fifteen (1 S) minutes at time and a half. 14.10 The procedure in 14.6 will also be followed if an employee reports to work tardy or late. The employee shall be marked as tardy or late using the same 7/8 Minute rule, for purposes of calculating payroll. An employee will be deemed "tardy" if they appear for work up to six (6) minutes after the designated starting time and "late" if they appear for work seven (7) minutes or more after the designated starting time, Any employee who is tardy or late is subject to appropriate discipline. 14.11 It is understood that the clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured. If at any time, that clock is deemed inoperative, the immediate supervisor will advise employees which clock will be utilized for timekeeping purposes. ;20 T A City of Boynton Beach 3S 1910f735 e e e ARTICLE 15 15.0 COMPENSATORY TIME 15.1 Employees may accrue and use compensatory time in lieu of overtime pay when the employee works in excess of forty hours in a workweek 15.2 Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate up to eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Compensatory time may be taken as earned subject to the approval of the Department Head who shall schedule the time off to meet the operating requirements of the Department. 15.3 It is solely the employee's choice as to whether he/she wishes to be paid for their overtime at one and one-half times their regular hourly rate of pay, or take compensatory time. The City will not encourage employees to take one form of compensation over the other. ~ T A City of Boynton Beach M~ 36 TA SEIU Florida Public Services Union 1920f735 e e e ARTICLE 16 16.0 WAGES 16,1 Wages shall remain at their current level and shall not increase for the duration of this agreement. tv) TA City of Boynton Beach ~Sd=U"iOO 37 1930f735 e ARTICLE 17 17.0 PROMOTIONS, RECLASSIFICA nONS, TRANSFERS & DEMOTIONS 17.1 PROMOTIONS 17.1.1 Employees interested in applying for a promotional opportunity must have been in their current position for a minimum of six months and have at least a meets standards performance level. Each promoted employee must successfully complete a six month probationary period in the new position. Employees are eligible for the following increases in pay upon promotion: Promotion from non-exempt to exempt position: + 10% of mid-point of new grade or to minimum of new grade whichever is higher Promotion of one grade (exempt to exempt or non-exempt to non-exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher e Promotion of two grades (exempt to exempt or non-exempt to non- exempt): 7.5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non-exempt): + 10% of mid-point of new grade or to minimum of new grade, whichever is higher ' 17.1.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. 17.1.3 Each promoted employee must successfully complete a probationary period of six months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher performance rating, 17.2 DEMOTION 17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows: Decrease of one gnlde: 5% of mid-point of current grade (position leaving) Decrease of two grades: 7.5% of mid-point of current grade (position leaving) Decrease of three or more grades: 38 e ~ TA City of Boynton Beach 1940f735 e e e 1 '. 10% of mid-point of current grade (position leaving) 17.2.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. 17.2.3 The pay of it promoted employee, who is demoted prior to completion of a probationary period, ",ill be reduced by the same amount as the promotional increase. 17.2.4 Exceptions to this policy may occur if there is a department restructuring that results in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. This shall not be construed to reduce an employee's rate of pay beyond the percentages set forth in section 17.2.1. 17,3 LATERAL TRANSFER 17.3.] Employees transferring from one position to another in the same pay grade, whether in the same or in a different department, will maintain the same pay rate, 17.3.2 Each transferred employee, whether in the same or a lower grade, must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. 17.4 RECLASSIFICA nON 17.4.1 Positions may be considered for reclassification only upon written request of the Department Head, induding detailed justification. If the reclassification is for a change to an existing position classification (e.g, Grade 13 to Grade 14), the incumbent must complete a position questionnaire, which will then be evaluated by the Human Resources Department. If tbe request is to change from one current position classification to another (e.g. Office Assistant to Office Assistant, Sr.), that justification must be included in the Department Head's request. 17.4,2 Reclassification requests will be considered each year during the budget process. Reclassifications requested during the fiscal year will be considered only if the department is restructuring or realigning major responsibilities. Mid-year reclassifications must have the approval of the HR Director, Finance Director and City Manager. 17.4.3 Implementation of any reclassification, whenever approved, will not become effective until tbe necessary funds are available in the department budget. Any salary change required by a reclassification will become effective as of the date the reclassification is approved. 17.4.4 Human Resources will provide a copy ofthe department head's request for reclassification upon the approval of the reclass. a.~ 39 T A SEru orida Public Services Union .0J T A City of Boynton Beach 1950f735 e 17.5 PROMOTION FROM PART-TIME TO FULL-TIME 17.5.1 Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. 17.5.2 Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. e e~ ~0 TA City ofBoynlon Beach ~j 40 T A SEIU orida Public Services Union 1960f735 e e e ARTICLE 18 18.0 STANDBY PAY 18,1 In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made by a department director or hislher designee who requires an employee on hislher off-duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during off hours, Due to an urgent situation. The written directive placing an employee on standby shall specify a starting and ending period. 18.1.2 Employees placed on stand-by who are assigned a take home vehicle according to the department's rotation list shall be assigned a take-home vehicle appropriate for the completion of the task required of the employee should he/she be called back to work. The employee shall receive one (1) hour of pay at the overtime rate for each day or portion there of that they are assigned standby beeper duty. 18.2 An employee may be assigned to or paid for stand-by if they work a minimum of four (4) hours on that day and they are available. Crime Scene Technicians may be assigned to or paid for stand-by if they are scheduled to be in a leave status for the entire shift if they are available. 18.3 No more than 14 days of stand-by can be paid in any pay period. 18.4, Crime Scene and Community Service Officer (CSO) employees who have been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive fOUT (4) hours plus one (1) additional hour at straight time. If Crime Scene or CSO employees go to court he/she will be paid for the court time at time and one-half when not on their regular assignment. Court time will be compensated a minimum of 3 hours at time and one half. 18.5 CALL BACK PAY - An employee called back to work after having been relieved and having left the assigned work station, or called in before hislher regularly scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one and one-half (1 Y:2) times hislher basic hourly rate of pay when such callback is between the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a minimum of three hours at the rate of one and one-half (1 Ill) times hislher basic hourly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m. Employees shall be paid for the actual hours worked for all hours worked in TA c;'" ~OO" .""'" TA r;.~du",oo 41 1970f735 e e e excess of the appropriate callback minimum. No concurrent payment of call-back and regular pay is permitted. _2B T A City of Boynton Beach C{~.J TA SEnJ Frida Public Services Union 42 1980f735 e e e ARTICLE 19 19.0 EMERGENCY PAY POLICY 19, 1 Emergency pay shall hereinafter be paid in accordance with the provisions of City Emergency Ordinance 2005-036 or the most current City Emergency Ordinance. _Yib T A City of Boynton Beach 43 1990f735 e ARTICLE 20 20.0 CERTIFICATION PAY 20.1 The City shall pay $500.00 for each certification or license as determined and agreed upon by the employee and the department head. The City shall also pay the actual certification or license fee. This provision shall not operate to reduce certification incentive pay policies currently being implemented by departments. Bargaining unit members who participate in departmental certification pay programs are not entitled to participate in the program set forth herein. 20.2 A pre-determined list of job related certifications or licenses will be developed through the labor/management committee and attached to this article as an exhibit and shall be developed no later than sixty (60) days from ratification of this agreement. 20.3 The foregoing benefit addressed in this article is suspended for the FY09IFY 1 O. e e ~ TA City of Boynton Beach ~j 44 T A SElU FI Ida Public Services Union 2000f735 e e e 21.0 ARTICLE 21 EMPLOYEES ASSIGNED TO TRAINING DUTIES 21.1 Employees who are assigned to train another employee who is new to a position shall be assigned in writing and shall receive a 5% increase in pay during the time they are training another employee. 1:0 T A City of Boynton Beach ~l 45 TA SEIU Florida Public Services Union 201 of 735 e ARTICLE 22 22.0 WORKING IN A HIGHER CLASS e e 22.1 Employees shall be required to perform work in a higher classification only upon written memorandum by their supervisor. Employees who work in a higher classification shall receive a 5% increase in pay, or the minimum of the higher classification, whichever is greater until returned to their regular classification. 22.2 Employees shall be required only upon written memo from their supervisor to perform work in a higher classification for training purposes. In this connection, they shall perfonn that work without a 5% increase in payor the minimum of the higher classification. W T A City of Boynton Beach ~(46 ~ TA SEIU FI 'da Public ServiccYsUnion 202 of 735 e ARTICLE 23 23.0 SICK LEAVE 23.1 An employee shall notify hislher inunediate supervisor or the supervisor's designee, in a manner provided for by management, of his/her illness not less than one half (112) of an hour before hislher normal workday begins. This procedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies hislher supervisor that helshe will be absent. 23,2 Sick leave will be granted upon approval of the department director for the following reasons: a. Employee's health, or up to forty (40) hours per year for illness of immediate family member the employee's parent, spouse, or child. b. Medical, dental, or optical treatment that is determined in 'Writing by a physician to be necessary and must be performed during working hours. See 23.7. c. Quarantine due to exposure to contagious disease. d. In connection with Worker's Compensation. e 23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or eight (8) hours per month. No employee shall be entitled to use sick leave in excess of the amount of such leave accumulated. Employees may accumulate a maximwn of 1040 sick leave hours. All unused hours shall be paid out at 50% upon termination of employment with the City. Any accrued but unused sick leave hours beyond 1040 shall be transferred into the employee's Personal leave bank at one for one. Personal Leave hours may be utilize as necessary. Any unused Personal Leave hours may be cashed in upon termination with City at 50%, or the full value of the hours may be used to purchase health care benefits should the tennination be due to normal or disability retirement. 23.4 An employee making a departmental transfer will retain any unused sick leave, 23.5 Employees who have attained non-probationary status and are regular employees will have payment made for unused sick leave, for up to 1040 hours, at the rate of 50% of the total number of hours accwnulated, but not taken, upon termination in good standing, or retirement or death, (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). 23.6 Employees may request, and be covered by the provisions of the Family Medical Leave Act. e 23,7 Sick leave exceeding three (3) consecutive work days requires medical certification within three (3) days ofreturning to work. ~6 TA City of Boynton Beach O!2~J T A SEIU orida Public Services Union 47 203 of 735 e e e 23.8 Sick Leave Donations 23.8,1 It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time (workers compensation leave time excluded), and when the employee has exhausted all accrued sick and vacation leave down to 40 hours. 23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. 23.8.3 When there appears to be a need to share sick leave, bargaining unit members who are willing to contribute sick leave hours must submit an Employee Activity Report to the Human Resources Department for proper charge to their sickleave records. 23.9 Restricted Sick Leave 23.9.1 No member may be placed on restricted sick leave unless a pattern of sick leave abuse is present and the employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave, At that time, the employee will be given an opportunity to explain the sick leave taken. 23.9.2 When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. If not re- evaluated within five (5) business days after the three (3) month period, the employee will be automatically removed from restricted sick leave. 23.9.3 During the initial ninety (90) day restricted sick leave period, if there is a violation of the restricted sick leave policy, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period ofrestricted sick leave beginning on the date of the policy violation. For each successive restricted sick leave violation the employee shall be placed on restricted sick leave for an additional ninety (90) day period and shall be subject to further progressive discipline up to and including termination, fA cit"", "~h f!i.J:::.lcd..- u'w, 4S 2040f735 e ARTICLE 24 24.0 WORKERS COMPENSATION e e 24.1 Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. 24.2 If the period of disability is greater than 7 calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his/her normal net pay up to three (3) months. At the end of three (3) months, the Risk Manager will review the medical certification from the employee's authorized workers' compensation treating physician for a determination of pay status. If the authorized medical certification justifies temporary total disability, the salary supplement continuation will be granted. If the continuation of the salary supplement is granted, it shall continue at the same rate as defined above for up to an additional three (3) months, In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began. 24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured employee may elect to receive accrued sick leave, and after the sick leave is exhausted, vacation leave, in accordance with hisJher regular hourly wage to the extent that his/her combined sick leave or vacation leave, and workers' compensation benefits equal histher regular weekly net take home salary, The employee must contact the payroll clerk to qualify for the combined check. 24.4 It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. 24.5 If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes first. 24.6 If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for hislher services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. ~ TA City of Boynton Beach 49 205 of 735 e e e ARTICLE 25 25.0 LIGHT DUTY 25.1 Employees who have injuries which prohibit them from performing their regular assignments may return to work and perform light duty when there is light duty work available and the City has determined that the employee is able to perform the work without risk of further injury. The City is under no obligation to create light duty work. If there is no work available the employee will remain on sick leave status until he/she has a full release to return to work from his/her doctor. )jB T A City of Boynton Beach 50 2060f735 e ARTICLE 26 26.0 V ACA nON 26.1 Each fuIl time employee shall earn vacation leave as follows: Years of Service I Years 2-3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9 Years 10-15 Years 16-20 Years 21 Years & After Vacation Hours 80 120 128 136 144 152 160 168 176 192 200 26.2 Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations to meet the operating requirements of the Department. e 26.3 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that (October I - September 30) period will be forfeited as of September 30, However, employees who have been denied vacation shall have the excess vacation hours paid to them, at their regular straight time rate of pay in the last pay check of the fiscal year. 26.4 Vacation requests of three (3) shifts or less must 'be requested and approved or denied within two (2) days of the work shift, the day the request is made. Vacation requests of four (4) shifts or more must be requested and approved or denied within one (I) week of the day the request is made. Vacation requests of two or more weeks require at least twenty one (21) calendar days' notification. Management will approve or deny the vacation requests for two (2) weeks or more within seven (7) days of the request. 26.5 Emergency Cash-In of Vacation and/or Sick Leave Time e 26.5.1 Employees faced with sudden extraordinary circumstances of hardship who have in excess of 40 hours of accrued vacation are eligible to request emergency cash in of vacation. If approved, an employee may convert up to 80 (eighty) hours to cash Oess applicable taxes) provided they have 40 ~ T A City of Boynton Beach 2070f735 e e e hours remaining in their vacation accrual account after the cash-in. Conversions must be done in increments of eight (8) hours. 26.5.2 Employees who do not have enough vacation time to use for the total amount of emergency cash may consider including sick leave hours. Sick leave hours cash-in will be calculated at fifty percent (50%) of the employee's hourly rate. The total of vacation and sick may not exceed ninety (80) hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted if the employee has the amount of sick leave credited to his/her sick leave account. The employee must retain a minimum of eighty (80) sick hours on the books. 26.5 J A request must be made in writing outlining the emergency and submitted to the Human Resources Director on the appropriate form, A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit Can be used only once each year. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances. 26.5.4 Denial of sick leave pay will be made in writing stating the reasons for the denial. Employees may take advantage of this provision once during each year of this agreement 26,6 Employees shall be allowed to take up to twenty-four (24) hours of emergency vacation leave on an annual basis. Employees shall make such a request in accordance with the applicable, published call-in procedure outlined in Article 23.l of this Agreement or if at work and the employee is notified of an emergency they may use emergency vacation no more than four (4) times per fiscal year. 26.7 An employee who takes leave without a timely request or without approval shall be subject to additional disciplinary action. W TA CIty of Boynton Beach Tq&~~{U";O" 52 2080f735 e e e 27.0 27.1 ARTICLE 27 BONUS HOURS INTENT The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. 27.2 ACCRUAL 27.2.1 All full time City employees covered by this policy are eligible to receive a bonus of eight (8) hours for continuous attendance at work every four (4) months (January through April, M~y through August and September through December) if the employee has not used sick time, nor has been absent from work or on leave other than those paid leave categories recognized in this document. 27.2.2 Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation. TACttyL_h ~ 53 T A SE orida Public Se ices Union 2090f735 e e e ARTICLE 28 28.0 HOLIDAYS 28.1 The following holidays sh~l1 be observed for employees in the bargaining unit: New Year's Day President's Day Independence Day Veteran's Day Day after Thanksgiving Christmas Day Martin Luther King, Jr. Day Memorial Day Labor Day Thanksgiving Day Christmas Eve 28.2 For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regularrate of pay. . When a City observed holiday falls On an employee's scheduled work day, the employee will receive eight (8) hours holiday pay at straight time. . When an observed holiday falls on an employee's non-scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. . Hourly rate employees' must work their regular work days immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday, 28.3 Employees on vacation, annual military leave, jury duty, siek leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned, Holidays that occur during vacation leave shall not be charged against such vacation leave. ~ T A City of Boynton Beach {fJ~dkU"iOO 54 2100f735 e e e 29.0 ARTICLE 29 COMPASSIONATE LEAVE 29.1 In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-ill-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed twenty- four (24) consecutive work hours for anyone death, However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, forty (40) consecutive work hours shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. i0 T A City of Boynton Beach 55 211 of735 e ARTICLE 30 30.0 MILITARY LEAVE 30.1 Reserve Training: All employees in the City service who are members of military reserve wtits and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07, to seventeen (17) calendar days with pay each year in order that these employees may fulfill their military obligations. Fire department shift personnel will be granted a maximum of nine (9) shift days. 30.2 Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. e 30.3 The City will continue to pay the eligible employee's portion ofhea1th, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiwns can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium, The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Current U.S.S.E,R.A. regulations will be followed regarding the employee's benefits. 30.4 Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break. in service will occur during the periqd of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility 30.5 Employees on active Military Duty are required to provide the City with their military orders for the duration of their assignment. e TACi~",~h fA~ 56 A SEIU Florida Public Services Union 2120f735 e ARTICLE 31 e e 31.0 LEAVE OF ABSENCE 31.1 A regular employee may be granted leave of absence without pay for a period not to exceed six months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to thirty (30) calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of 30 calendar days must be approved by the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. 31.2 Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding thirty (30) days. 1$ TA City ofBoynlon Beach ~57 TA SEIU Florida Public Services Union 213 of735 e e e 32.0 32.1 32.2 ARTICLE 32 UNAUTHORIZED ABSENCE A bargaining Unit Member who is absent from work without authorized leave for a period of more than three days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be considered a disciplinary separation. However, a bargaining unit member who is absent from work without authorized leave for a period of not less than three (3) days or more than thirty (30) days, but who was physically unable to notify hislher employer or have another person notify hislher employer shall not be deemed to have abandoned his or her job and shall not be separated' from employment with the City. Under these circwnstances the Director, Human Resources must be provided with details of the absence and he/she must determine if just cause exists. .k0 T A City of Boynton Beach ~l~";oo 58 2140f735 e ARTICLE 33 33.0 JURY DUTY 33.1 Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. All pay granted under this section must be approved by the Department Director. In order for employees to receive their regular pay for such leave the employees must deposit the money which they receive for jury duty or as a witness, with the City Finance Department for those hours that coincide with their regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. e e ~ T A City of BO}1lton Beach cA~ 59 T A SEIU orida Public Services Union 2150[735 e ARTICLE 34 34.0 SENIORITY & LAYOFF & RECALL 34.1 For the purpose of this Contract, "seniority" shall be defmed as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced workforce and agree that an employee's seniority shall be considered along with the needs of the City, when affecting decisions on vacations, promotions and shifts. 34.2 Employees shall lose their seniority for the following reasons: a, Termination b. Retirement c. Resignation d. Layoff exceeding the period of recall e, Unexcused absences for three (3) or more work days. A work day is based upon an employees work schedule (e.g, 4 - 10 hour days, 5 - 8 hour days etc.) . f. Failure to report to the Human Resources Office, the intention of returning to work within five (5) days of receipt of recall as verified by certified mail. e g. Failure to report from military leave within the time prescribed 34.3 Layoff and recall of employees shall be handled in the following manner: The City Manager may layoff any bargaining unit employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position, consolidation of departments or divisions, privatization, reclassification, or reorganization; however, no bargaining unit employee shall be laid off while there are temporary, or probationary employees serving in the same position for which the union employee is qualified, in the judgment of the Department Head in consultation with the Human Resources Director. Whenever the layoff of one or more employees shall become necessary, the City Manager shall notify the Human Resources Director, at least ten (10) days in advance of the intended action and the reasons therefore. e The Human Resource Director shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. In order to minimize the disruption of the operations of the City, the order of layoff shall be in reverse order of total continuous time served in the same classification/job title and within the same department, except in the case of the elimination of a department or division, in which case only the employees in the department or division being Cd will be laid off. 60 T A City of Boynton Beach 2160f735 e e e Temporary and probationary employees shall be laid off, in that order prior to layoff of union employees. a. Whenever a layoff of one (1) or more employees becomes necessary the City Manager shall notify the Union at least two (2) weeks in advance of the intended action and the reasons therefore. b. Layoffs will be made in reverse order of seniority within a division. Senior laid-off employees of the division shall be able to displace (bump) junior employees who are in any equivalent or lower classification for which the bumping employee is eligible for or for which he qualifies by meeting the requirements as set forth in the job description. _.1$ TA City of Boynton Beach C\.LP1vJ 61 T A SEIU Florida Public Services Union 2170f735 e e e ARTICLE 35 35.0 RECRUITMENT AND SELECTION 35.1 The Recruitment and Selection Process and Procedures will follow those described in the Personnel Policies and Procedures Manual. xG TA City ofBo)'I\ton Beach 2180f735 oJ!PfvJ 62 T A SEIU Florida Public Services Union e ARTICLE 36 36.0 SAFETY AND HEALTH 36.1 The City shall comply with all State and Federal regulations pertaining to the occupational safety of the members of this bargaining unit. The City has and will maintain a safe and healthy working environment for bargaining unit employees. 36.2 Employees who are in positions designated by the Safety Committee will receive safety shoeslboots annually, as personal protective equipment, provided by the City designated vendor. These shoeslboots shall only be worn for official City business. The City/Safety Committee will be responsible for deciding which positions require wearing of safety shoes based on OSHA standards and recommendations. The City/Safety Committee shall determine the type and quality of such shoes, and shall select those safety shoeslboots which will be provided and required to be worn. e In those cases where an individual employee is unable to be fitted properly, as detennined by the authorized vendor, the employee may purchase the safety shoeslboots, which meet the City/Safety Committee approved type and quality, from a different vendor. The employee may seek reimbursement of the cost of the shoes/boots from the City, not to exceed $115.00 excluding taxes, Such reimbursement shall occur after approval of the shoes/boots by the Risk Management Department, based upon the City/Safety Committee approved type and quality. Any instance where the authorized safety shoeslboots do not last the full year, will be brought to the attention of the employee's supervisor and the Risk Management Department. In such an instance, the shoes/boots will be returned to the City. The City will have the shoeslboots replaced by the designated vendor or an additional set of shoeslboots will be purchased by the City from the designated vendor for the employee. 36.3 Employees who fail to wear proper shoeslboots to work are subject to disciplinary action, 36.4 The union shall participate on the Safety Committee. 36.5 The City shall make available immunization shots for tetanus, hepatitis, and diphtheria for all members of the bargaining unit as requested on a voluntary basis. tit 1db T A City of Boynton Beach (J~ 63 T A SEIU Florida Public Servic.es Union 2190f735 e e e ARTICLE 37 37.0 INSURANCE 37.1 The City shall pay the total medical insurance, dental insurance, and vision care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision care premiums for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than fifteen (IS) % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The selection of insurWlce coverage shall be made on an annual basis by the City. To that end, the City will form an insurance committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. TA C;lyO~ ",~h ~ 64 TA SEIU Florida Public Services Union 2200f735 .'ta. ... ARTICLE 38 e e 38.0 PERSONNEL FILES 38.1 A personnel file for all City employees is maintained by the City's Human Resources Department. If a request is made to review an employee's personnel file by someone other than the Department Director, the Human Resources Department Staff or the City Manager's office, a notice will be sent to the employee notifying himlher of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect hislher own personnel records and shall have the right to make one duplicate copy of hislher records at no expense. Additional copies may be obtained at the employee's expense. The City will purge personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. ~ T A City of Boynton Beach a.~ 65 T A s'fru Florida Public Services Union 2210f735 e e e ARTICLE 39 39.0 TUITION ASSISTANCE PROGRAM 39.1 The Tuition Assistance Program as described in the Administrative Policy Manual (APM) will be followed. Refer to 04.01.03, Organizational and Strategic Development Policies, Tuition Assistance Program in the APM for specifics. T A i~BOynton Beach [1ro~1 u.;oo 66 2220f735 e e e ARTICLE 40 40.0 GENERAL PROVISIONS 40.1 Except in the case of negligence or misuse all employees requested to furnish tools for their job shall receive replacement tools for tools broken in perfonnance of the City's work provided they furnish the City with a list of their personal tools approved by their departnient head. Employees who are assigned City-provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from their assigned City-owned vehicle or City property shall be replaced by the City, if there was no negligence in their loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. 40.2 The employee shall be allowed to place written refutations and or responses into their personnel file and/or departmental work file when those refutations or responses relate to material placed into the personnel file that has been prepared by supervisors. 40.3 Uniforms will be provided annually as follows, unless otherwise indicated below: Application Technicians 4 Shirts, 3 Pants Code Enforcement 4 Shirts, 3 Pants, I Jacket (Replacement), 1 Baseball cap or Aussie Hat Field Inspectors 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball Cap or Aussie Hat Plan Review Analyst. 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball Cap or Aussie Hat Sr. Plan Review Analyst 4 Shirts, 3 Pants, I Jacket (Replacement), 1 Baseball Cap or Aussie Hat Laboratory Technicians 4 Shirts, 3 Pants, 1 Jacket (Replacement) 1 Baseball Cap or Aussie Hat Laboratory Technicians, Sr. 4 Shirts, 3 Pants, 1 Jacket (Replacement) 1 Baseball Cap or Aussie Hat Laboratory Field Technicians 4 Shirts, 3 Pants, 1 Jacket (Replacement) 1 Baseball Cap or Aussie Hat ~ T A City of Boynton Beach 67 223 of 735 e e e 40.4 Police and Fire Department and other employees covered by this agreement, but not listed, will be issued uniforms accordance with the Department policy. The cost of the uniforms shall be borne by the City. Employees are required to return uniforms to the City when they terminate employment. All uniform pieces and any uniform shoes required by the department to comply with departmental appearance standards shall be supplied by the City All uniform articles will be provided through the City's warehouse. 40.5 Employees who are not required to wear uniforms shall be allowed to continue to wear City polo shirts in the color choice of the City. The City shall provide six (6) polo shirts to each employee on their anniversary date. The cost of uniforms and/or polo shirts shall be borne by the City. 40.6 No alcoholic beverages are to be purchased or consumed while wearing a City polo shirt or a City uniform. 40.7 Automobile Allowance - Employees who are employed in the Development Department, who are regularly required to use their personal vehicle for City business shall receive a $300.00 monthly car allowance. ~ T A City of Boynton Beach 2240f735 e e e ARTICLE 41 41.0 DUES DEDUCTION 41.1 For all union business, employees covered by this agreement should first contact their union steward. Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying SEIU Florida Public Services Union, CTW, CLC dues deductions and/or COPE deductions. Employees shall receive copies of the form from either the City Finance Department or their Union office. 41.2 The Union will initially notify the City as to the amount of dues and COPE deductions. Such notification will be certified to the City in writing over the signature of an authofized officer of the Union. Changes in Union membership or COPE dues will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues or COPE deductions, the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Finance Department. 41.3 Dues shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of SEIU Florida Public Services Union, CTW, CLC within fifteen (15) days after the end of the month. The Union will indemnify, defend Wld hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues. COPE deductions will be remitted to the union in a separate check on a quarterly basis. 41.4 For the purpose of putting this article into effect, the Union will furnish forms fOf such individual authorization reading as follows: '$ T A City of Boynton BeKh 69 2250f735 e e e NOTICE TO CITY A.~D UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES _I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, Wld to transmit this amount to the Treasurer of the Union. _I hereby authorize my employer to deduct from my salary each pay period my COPE deduction of$2.00 per week, as certified to the employer by the union, and to transmit this amount to the Treasurer of the union. I understand that this authorization is voluntary and I may revoke it at any time by giving my City and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed 1P T A City of Boynton Beach ~70 T A SElU Florida Public Services Union 2260f735 e e e ARTICLE 42 42.0 PENSION Employees will continue to participate in the employees' pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union. in its entirety, upon request from the Union. 71 2270f735 e ARTICLE 43 43.0 SUBSTANCE ABUSE 43.1 The Union recognizes and supports the City's Drug Free Workplace Policy in the Current City OrdinWlce and will work with the City to enforce the provisions of the policy. It is recognized by the Union that the City's Drug Free Workplace Policy applies to all members of this bargaining unit. e e if;; T A City of Boynton Beach ~ 72 T SEIU Florida Public ServiCes Union 228 of 735 e ARTICLE 44 44.0 PROBATIONARY PERIOD 44.1 In order to determine that each employee is placed in a position most likely to result in a successful career at the City, all newly hired or promoted employees shall be required to complete a probationary period. 44.2 l\ew Hire (Full-time): Each new full-time employee must successfully complete a probationary period of twelve months from the date of hire. Promotion from Part-Time to Full-Time: Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. e 44.3 Promotion to a Higher Graded Position: Each promoted employee must successfully complete a probationary period of six (6) months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher performance rating. 44.4 Transfer to a different position, whether in the same or a lower grade: Each transferred employee must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. e i\'7 ~ 73 T A SEIU Florida Public Services Union TA City of Boynton Beach 2290f735 e ARTICLE 45 45.0 LONGEVITY BENEFIT 45.1 Employees eligible are those employees who: a. Have been employed with the City on a regular full-time basis and continuous basis for a minimum of five (5) years. b. Have an overall "Meets Standards" or above rating on the previous employee evaluation. 45.2 Employees will receive a cash Lump Sum Bonus as follows: e On the employees fifth (5th) anniversary a lump sum payment of$500. On the employees tenth (loth) anniversary a lump sum bonus payment of$1000. On the employees fifteenth (1Sth~ anniversary a lump sum bonus payment of$1,500. On the employees twentieth (201) anniversary a lump sum bonus payment of $2,000. On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of $2,500. On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3,000. On the employees thirty-fifth ~5th) anniversary a lump sum bonus payment of$3,500. On the employees fortieth (40t ) anniversary a lump sum bonus payment of $4,000. 45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions. 45.4 Employees who terminate from the City employment prior to their hire anniversary date will not be entitled to benefits. 45.5 The foregoing benefit addressed in this article is suspended for FY 09/10. e TA 0;", ~ '_h 74 230 of 735 e e e ARTICLE 46 46.0 BONUS INCREASES 46.1 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus justified, in writing, on the prescribed forms by the Department Head. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance Wld administered under the direct control of the City Manager. Employees are not automatically entitled to bonus is a system where top performance can be recognized by the immediate supervisor and prompt rewards can be made at the discretion of the supervisor provided the department head concurs. This top performance must be substantiated by the supervisor and the Department Head using the prescribed forms furnished by the City Manager. lb T A City of Boynton Beach tA~ 75 TA SEIU Florida Public Services Union 2310f735 e e e 47.0 ARTICLE 47 LABOR-MANAGEMENT 47.1 A joint labor/management committee composed of an equal number of representatives from the union and management shall meet within ninety (90) days of the ratification of this agreement to study and make recommendations on ways to minimize overtime costs, standby costs, and improve working conditions for employees, or to take up other subjects as determined by the committee. During the first meeting, the committee shall determine a meeting schedule to be implemented. :lJ& T A City of Boynton Beach 76 2320f735 e e e ARTICLE 48 48.0 SAVINGS CLAUSE 48.1 If any article or section of this Agreement should be found invalid, unlawful or not enforceable, due to aiIy existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 'lb TA City of Boynton Beach 77 2330f735 e ARTICLE 49 49.0 MAINTENANCE OF CONDITIONS 49.1 Except as provided herein, the status quo as it pertains to conditions shall remain in effect for the duration of this Agreement. Changes to rules and regulations which reflect standing policy, past practices, management rights, minor changes, and changes which do not impact on members of this unit may be made by the City upon notification to the Union. There is no non-salary (age or allowance) monetary benefit, except as set forth or incorporated by reference in this Agreement. 49.2 If a past practice, previously approved by the Department Director, or the status quo is raised at any time during the term of this contract, then the Union and City agree to document the resolution of the status quo or past practice by Letter of Agreement, and such letter of agreement shall not survive this agreement unless incorporated into future agreements. e e TACj#~B'~h - oY-J2-fvJ 78 T A SEIU Florida Public Services Union 2340f735 .e e e 50.0 ARTICLE Sf) POSTING OF AGREEMENT 50.1 The City win maintain a copy of this Agreement for inspection in the Human Resources Department. 50.2 The City will post a copy of this agreement, as ratified, on the City's web page. TA C;1y ~_ .,,'" (J~ 79 T A SEru Florida Public Services Union 2350f735 e ARTICLE 51 51.0 COLLATERAL DOCUMENTS e e 51.1 This Collective Bargaining Agreement does not exist in a void. Provisions of the City's PPM, APM, Departmental Rules, and other policies established by resolution or ordinance (collectively referred to as collateral documents), are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of a specified article in this agreement, in which case the terms of this Agreement shall control. 51.2 Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain, subject to applicable law. 2360f735 80 r e ARTICLE 52 52.0 DURATION This Agreement and all monetary benefit adjustments provided herein shall be effective on October 1. 2009. and remain in full force and effect until September 30, 2010. Any monetary benefit paid to a bargaining unit member under the status quo which existed between October 1, 2009, and the implementation date of this agreement which is inconsistent with the new benefit levels established in this agreement will be recouped by the City by payroll adjustment deduction. In the event of State Legislative enactment which will alter or affect the flow of revenue to the City during the term of this Agreement, or a budget proposal which would result in the elimination of bargaining unit positions, 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 Union of the 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. e 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 Union, or, in the event the reopened negotiations do not result in a ratified Agreement, as imposed by the City Commission through the impasse process. A notice of intent to reopen shall be made in writing. The parties v.ill promptly engage in bargaining the reopened article. Agreed to this _ day of , 2010 by and between the respective parties through the authorized representatives of the Union and the City. SEIU FLORIDA PUBLIC SERVICES UN10N, CTW, CLC PRESIDENT, Alphonso Mayfield Witness CITY OF BOYNTON BEACH MA YOR, Jerry Taylor Witness e C\~ 81 T A SElU Florida Public Services Union 2370f735 r ie ATTEST .e e CITY CLERK. Janet Prainito APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY James Cherof Date ratified by Commission: The City and the Union bargaining teams consisted of the following individuals: Union: City: Kurt Bressner, City Manager James Cherof, City Attorney Lori La Verriere, Assistant City Manager Sharyn Goebelt, Director Human Resources Marylee Coyle, Asst. Director Human Resources Tim Howard, Asst. Director Financial Services. Michael Low, Deputy Director Utilities Operations VB T A City of Boynton Beach 2380f735 Witness CITY MANAGER Kurt Bressner Date ratified by Union: Carl Booth, Chief Negotiator Frank Sosa, Admin/Org. Director Skip Lewis, Union Steward Robin Eichorst, Union Steward Vicki Lloyd Union Steward 82 6. G CONSENT AGENDA April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM r81 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-041- Ratify the SEIU Florida Public Services Union Blue Collar FY 2009/2010 Collective Bargaining Agreement. EXPLANATION OF REQUEST: The City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC have bargained in good faith and agreed to the proposed agreement. On March 16, 2010, the bargaining unit members voted to ratify. There are 178 active employees covered by the terms and conditions of this agreement. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no change to programs and services. FISCAL IMPACT: This is a one (1) year agreement. All items negotiated in this agreement are currently budgeted for FY 2009/2010. ALTERNATIVES: Not approve the contract and expose the City to the possibility of being charged with an unfair labor practice. 239 of 735 RESOLUTION RI0-041 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC - BLUE COLLAR UNIT FOR THE ONE YEAR PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit have successfully concluded negotiations for a one (1) year contract; and WHEREAS, on March 16,2010, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and authorize the Mayor and City Clerk to execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit for the one (1) year period of October 1, 2009 through September 30, 2010, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA 2400f735 Mayor - Jose Rodriguez Vice Mayor - Woodrow L. Hay Commissioner - William Orlove Commissioner - Steven Holzman Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 241 of735 e e - COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEW FLORIDA PUBLIC SERVICES UNION, CTW, CLC BLUE COLLAR BARGAINING UNIT October 1, 2009 to September 30,2010 -iJ TA City of Boynton Beach T~1k S,"",,, Uo"", CTW. CLC 242 of 735 e e e TABLE OF CONTENTS ARTICLE PAGE ARTICLE 1 .......... ........ ........ ............ .......... ............ ......... ..... .......... ......... ...... ...................... 5 1.0 PREAMBLE .................... ........................... ....... ....... ......................... ......................5 ARTICLE 2 ......... ...... ............. ......... ........... ....... .............. ............... ............ ..... ............... .....6 2.0 RECOGNITION ...... ....... ..~.. .................... ......... ....... .......... ................................. .....6 ARTICLE 3 ......................... ....... ............ ............................. ......................... ....................... 7 3.0 RIGHTS OF EMPLOYEES ....................................................................................7 ARTICLE 4 ... ........... .......... ................... .......... ...... ..... ....... .......... ........ ........ ...... ........... ....... 8 4.0 MANAGEMENT RIGHTS .....................................................................................8 ARTICLE 5 ......................................... ....................................... ...... .......................... .......1 0 5.0 STRIKES .......... .................................................................... .................................1 0 ARTICLE 6 .......................................................................................................................11 6.0 NON DISCRIMINATION.....................................................................................11 ARTICLE 7 ............ ............. ........... ................ ........ ................... ............................... .........12 7.0 REPRESENTATION OF THE CITY ...................................................................12 ARTICLE 8 .................................... ................................ ................. ............... ...................13 8.0 UNION REPRESENT A TION...............................................................................13 ARTICLE 9 .............................................................. ................. ................................ ........1 5 9.0 COLLECTIVE BARGAINING .............................................................................15 ARTICLE 10 ................. ............ .................... ..................... ............................... ....... .........16 10.0 UNION TIME POOL ............................................................................................16 ARTICLE 11 .....................................................................................................................17 11.0 BULLETIN BOARDS...........................................................................................17 ARTICLE 12 ........................................ ................................. ......... ...................... ........... ..18 12.0 PROGRESSIVE DISCIPLINE..............................................................................18 ARTICLE 13 ............. ....... ..... ...... ............. ......... ............................ ..... ........... ...... ........... ...29 13.0 GRIEVANCE AND ARBITRATION PROCEDURES........................................29 ARTICLE 14 ............ ....... .......... ........ ..... .......... ................. ................ ........... .... ........ ......... 33 14.0 BASIC WORK WEEK AND OVERTIME...........................................................33 ARTICLE 15 . ................ ........... ........ ............ ........................... .................... .... ........ .......... 3 5 15.0 TASK ASSIGNMENT - SOLID W ASTE............................................................35 ARTICLE 16 ..... .......... ................... ............... ...... ........... ...................... .......... ................. ..37 16.0 WORK BREAKS ..................................................................................................37 ARTICLE 17 .... .................................. ..... ............................ ............................... ............ ...38 1 7.0 COMPENSATORY TIME ....................................................................................38 ARTICLE 18 .................. ............ ..;................... ............. ........... ......................... ...... .......... 39 18.0 WAGES ...... ................... ...... ............. ... ....... ....... ............................... .....................39 ARTICLE 19 ......... ........ ................. ....................... .......................... ..................................40 19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS.......40 ARTICLE 20 ..... .......... ................. ............. .......... ........... ..................... ................ ..............43 20.0 STANDBY & CALL BACK PA Y ........................................................................43 ARTICLE 21 .. ........... ........... ..... ........ ..... ........... ......... ........ ........ ....... ......................... .......45 21.0 W RKING IN A HIGHER CLASS..~.....................................4~ T A City 0 ton Beach T A 8EIU Florida Public Services Union CTW, CLC SElU Florida Public Servi<.. Union BI... ColLor agrecrneot 243 of 735 ie e ~e ARTICLE PAGE ARTICLE 22 ....... ...... .... ................ ............ .......... ........,.. ...... ...... .... ........... ............. .... .......46 22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES .........................................46 ARTICLE 23 ...... ........... ........ ......... .........., .......... ........... ...... .......... .............. ....... ....... .......47 23.0 EMERGENCY PAY POLICY ..............................................................................47 ARTICLE 24 ..... ............ ........................... .......... ......... ......... ...... .... ..... ........ ........ ....... .......48 24.0 CERTIFICATION PAY ........................................................................................48 ARTICLE 25 ...... ...... ..... ................. .......... .......... ......... ......,.. ...... .... ..... ........ ........ ....... .......49 25.0 SICK LEAVE ...................:...... ..... ................... ...... ............................................ ....49 ARTICLE 26 ................................ ...... .............. ................. ................................................51 26.0 WORKERS COMPENSATION ...........................................................................51 ARTICLE 27 .... ............................. ................... ......... ........ ........ .......... ............... ........ ....... 53 27.0 LIGHT DUTy...... ......., ....................., ................................................................... 53 ARTICLE 28 .... ...... ................. .......... ..... ........ .................. .......... ........ ................ ...... ......... 54 28.0 V ACA nON ..........................................................................................................54 ARTICLE 29 .... ............................................. .................. .................. ...... .......... ......... .......57 29.0 BONUS HOURS AND BONUS INCREASES ....................................................57 ARTICLE 30 ................... ....... .......... ..... ....... .................. ................... ..... ........... ................58 30.0 HOLIDAYS ........................ .............................................. ................ .....................58 ARTICLE 31 . ....... ...... ........................................ ................... ................................ ............59 31.0 COMPASSIONATE LEA VE................................................................................59 ARTICLE 32 ...... ........... ........ .................... ............ ........ ......... ........ ...... ......................... ....60 32.0 MILITARY LEA VB ....... ............. .......................... ......................., ................. .......60 ARTICLE 33 ...... ...... ..... ..... .......... ............................... ........ ...... ................................ ........ 61 33 .0 LEAVE OF ABSENCE .........................................................................................61 ARTICLE 34 ..... ................. .................... .................... ...... .................................. ....... ........ 62 34.0 UNAUTHORIZED ABSENCE.. ........ ................. ......... .......... .....,.......... ............... 62 ARTICLE 35 .... ................ ...................... ....... ............ .............................. ................. .........63 35.0 JURY DUTY .........................................................................................................63 ARTICLE 36 ... ............ ............. ........ ............ ............ ......... ...... ............... .................. .........64 36.0 SENIORITY, LAYOFF & RECALL ....................................................................64 ARTICLE 37 .. ................ ....... .......... ...... .................. .............................. .......... ....... ........' ..66 37.0 RECRUITMENT AND SELECTION...................................................................66 ARTICLE 38 ....... ...... .... ...... .................................. .......................... ...... ................. ....... ....67 38.0 SAFETY AND HEALTH......................................................................................67 ARTICLE 39 ...... ...... .................. ..................... ........... ........ ........................................ .......69 39.0 TOOL REPLACEMENT. ........ ........... ................... ....................... .........................69 ARTICLE 40 ............................... ............ ...... ............. ...... ................................................. 70 40.0 UNIFORMS.......... ....... .......... ............ ....... ............................................................. 70 ARTICLE 41 ..' ........................ ...................... ....... .......... ................................................... 72 41.0 INSURANCE ..................... ..................... .... .............. ....... .....................................72 ARTICLE 42 . ,................................ ............ ................... ........ ......................... ...... .............73 42.0 PERSONNEL FILES... ...... ....... ...... .......................................... ............................. 73 ARTICLE 43 ............. .................. ..................... ................. ... ......................... .................... 74 43.0 ITION ASSISTANCE PROGRAM ~........................................ 7: oynton Beach T A SEIU Florida Public Services Union CTW.CLC SEJU Florida Public Services UnlC)fJ Blue Collar agreemcflt 2440f735 e .e e ARTICLE PAGE ARTICLE 44 .................. .................. .................................................................... .............75 44.0 GENERAL PROVISIONS ....................................................................................75 ARTICLE 45 ........ .......... .................. ................. ........................... .......... ...... ..................... 76 45.0 DUES DEDUCTION............ ................ ........... .................. .................................... 76 ARTICLE 46 ................. .......................... .......... .................. .......... ......... ........................... 78 46.0 PENSION .......... ................................... ..................................... ............................ 78 ARTICLE 47 ................................... ...................... ....... ....... .......... ......... .............. ............. 79 4 7.0 SUBSTANCE ABUSE......................... ...................................... ........................... 79 ARTICLE 48 . ................ ...... ............ ....... .......... ............. ..... .......... .......... ..... ........ ..............80 48.0 PROBATIONARY PERIOD................ .......... .................. .....................................80 ARTICLE 49 .............................................................. ........................... ........... ................. 81 49.0 LONGEVITY BENEFIT .......................................................................................81 ARTICLE 50 ........... ........... ........... .................. ............................ ............... ........ ...... ......... 82 50.0 SAVINGS CLAUSE .............................................................................................82 ARTICLE 51 ............................................... .............. .................. .......... ........... ................. 83 51.0 MODIFICATION OF CONDITIONS ...................................................................83 ARTICLE 52 .... ...... .......... ....... .............. ......... .......... ....... ........... ............... ...... .............. .... 84 52.0 POSTING OF AGREEMENT...............................................................................84 ARTICLE S3 ... ...... .......... ...... ............ ...................... ...... ........... ...................... ............... ....85 53.0 COLLATERAL DOCUMENTS ...........................................................................85 ARTICLE S4 ........ ................. ........... ....... ............... ................................ ...... ........ .............86 S4.0 DURATION ...... .............. ..... ................. ........................... ......... .......................... ..86 TA C;~oyntoo ."'" ~ T A SEIU Florida Public Services Union CTW, CLC 4 SEill Florida Publi~ Sll:l'yi~1 Union Blue Collar 8~ment 245 of 735 e e e ARTICLE 1 1.0 PREAMBLE 1.1 This Agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the SEIU Florida Public Services Union, CTW, CLC, hereinafter referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community. 1.2 The Parties agree that nothing in this Agreement shall prohibit the parties from meeting and discussing any items of mutual interest. TA C;ly ,too Beoch (luW TA SEIU Florida Public Services Union CTW, CLC 5 SEJU Florida Public SoM,.. Union Blu' CoUac agreem.... 2460f735 e e e ARTICLE 2 2.0 RECOGNITION 2.1 The City of Boynton Beach hereby recognizes the Union as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the pubic employees within the bargaining unit. 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission (PERC). 2.3 In the event of a conflict between the current list of positions included in the bargaining unit and the unit as recognized by the PERC, the unit recognized by the PERC shall control. YJt T A City of Boynton Beach ~k"U';OO CTW, CLC 6 SElU Florida Public Service. Union Bh,. CoDar _men' 2470f735 e e e ARTICLE 3 3.0 RIGHTS OF EMPLOYEES 3.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 3.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. 3.3 Employees may request a Union representative to be present when the employee is subject to an investigatory interview and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says. TAC;~~_h TA ~""'i= Urn" CTW. CLC 7 SEIU I'lorida /'vbli. Services Union BI... Coli... _.. 2480f735 e e e ARTICLE 4 4.0 MANAGEMENT RIGHTS 4.1 Except and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the po~ers and authority, which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: 4.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, Wld to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments. facilities, supplies and equipment. 4.1.2 To maintain economic stability. 4.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements. including, but not limited to, vehicles, and all other materials or supplies. 4.1.4 To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub.contract existing and future work. 4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. 4.1.6 To suspend, demote, discharge, reprimWld, or take other disciplinary action against employees for just cause. To determine the organizatio~..7nt. T A C 0 oynton Beach T A SEIU Florida Public Services Union CTW, CLC 8 SETU Florid. Puhlic Services. Union BIlle Coli... agreemeDt 2490f735 e e e 4.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 4.1.9 To set standards for service to be offered to the public, and standards for the performance of duties of job assignments. 4.1.1 0 To manage and direct the work of the employees of the City, including the right to assign work and overtime. 4.1.11 To establish, determine, implement and maintain effective internal security practices. 4.1.12 To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. 4.1.13 To determine lunch, rest periods, clem-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods. 4. J .14 To adopt ot enforce cost or general improvement programs. 4.1.15 In a civil emergency, to use personnel in any lawful manner. 4.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 4.3 The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union after notice fails to object to that decision .....ithin six (6) months, it shall be considered finally imposed. TAC;ly~_h ~ TA SEIU Florida Public Services Union CTW, CLC 9 SF-It) Florida Public ScMc.. Union Blue Collor _001 250 of 735 e e e ARTICLE 5 5.0 STRIKES 5.1 The Union, or their member agents or designees, agrees during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. 5.2 In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City twelve (12) hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. TA C"' 'f~OO "''''' -fAidS<mO<Ou,,,, CTW, CLC 10 SEru Flondit Public: Ser\.iccs UrUon B1de CoUar agr=mcmt 251 of735 e e e 6.0 6.1 6.2 ARTICLE 6 NON DISCRIMINATION The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirms their joint opposition to any discriminatory practices to the extent prohibited by law in cotUlection with employment. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, as amended, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. fA Cky ,~, ""'h ~ T A SEW Florida Public Services Union CTW, CLC 11 SEru Flotilla Publi. SCrvi.... Union Blue Collll1 agr<em<D1 2520f735 e e e ARTICLE 7 7.0 REPRESENTATION OF THE CITY 7.1 The City shall be represented in all matters related to this Agreement by the City Manager and/or a person or persons designated in writing to the Union by the City Manager. fA C"" 'f~' BM'" ~~ T A SEIU Florida Public Services Union CTW, CLC 12 SElU Florida Publit S,...,;ccs Union Ill... COU.. agreemctlt 253 of 735 e e ,~ 8.0 8.1 8.2 8.3 ARTICLE 8 UNION REPRESENT AnON The City agrees to recognize the Union's officers and six (6) City employee stewards as agents of the Union. The Union shall furnish written notice to the Department Head of the designated Union officers and stewards within three (3) days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (l) chief steward from among the six (6) City employee stewards. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as Steward. Non-employee officials of the Union shall, with prior written notification to the City Manager, be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section sball preclude or interfere with the City's right to control access to City facilities for safety and lor security purposes. Union stewards will be granted leave to engage in collective bargaining, subject to the limitations set forth in Article 9, 9.2, or to meet with the representatives of the City for grievance investigation and/or consultation with management representatives to avoid or resolve grievances, 8.4 Union Stewards may be granted leave and may utilize "union time pool" time to engage in the following representative activities: 1. When W1 employee is required to appear at a hearing related to a grievance and or arbitration. 2. When an employee is responding to disciplinary action or investigation. 3. When an employee is attending a pre-determination hearing. 4. When additional Stewards or bargaining unit members are participating in collective bargaining in accordance with Article 9, Section 9.2. Members of the bargaining unit may each donate a proportionate share of the hours necessary to fund the Union time pool. Union time pool time may be transferred from steward to steward. Stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the on- go' g day to day operations in any department. Addi7al hours may be used, . o.~ 13 TA City 0 80 ton Beach TA SErU FI 'da Public Services Union CTW, CLC SElU Florida Public SorvU:e' Union Blue Collar agreemcat 254 of 735 e e ;e with pay, when those hours are funded by "Union Time Pool" time. The City may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives the employee of his or her right of representation. 8.5 No employee shall engage in Union business while on duty except as referenced in Section 3. 8.6 The City Manager will grant the Union stewards combined leave, without pay, for a total of twenty (20) days per year in order that they may attend conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. 8.7 Stewards shall maintain and provide to the City a Union Business time-out slip that shall be processed to show their accumulated hours used against the Union time pool. The form for this purpose shall be attached hereto as Appendix "A" to this Agreement. TA~Nk"'U';"" CTW, CLC 14 SIOJU Florida Public SOlVice. Veion Blue Collar agreement 2550f735 e e e ARTICLE 9 9.0 COLLECTIVE BARGAINING 9.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. 9.2 No more than a total offour (4) Stewards may participate in collective bargaining while on duty, without loss of pay. Additional Stewards or bargaining unit members may participate in collective bargaining (present at the table) by utilizing Union Time Pool hours, or while off duty, or when on approved paid leave. iP TA City of Boynton Beach cz~ T A SEIU Florida Public Services Union CTW, CLC 15 SEW Fllllida Publio Servi_ Uni"" Blue Collar .greemen' 2560f735 e ARTICLE 10 10.0 UNION TIME POOL 10.1 Bargaining unit members. may donate, on an annual basis, from their accrued vacation leave, sick leave hours (provided the member maintains at least 120 hours of accrued time), or compensatory time to be banked and subsequently used to permit designated Union stewards to engage in representative activities or bargaining activities as specified in Articles 8 and 9. Donations to the Union Time Pool shall be solicited by the Union during ratification of this Agreement or any other non-work time. Donations shall be on an annual basis and deducted/transferred from the employee's appropriate leave bank during the month of October. All time will be distributed on an hour-to-hour basis. A list of those employees donating to this time bank shall be maintained by the Union, a copy of which will be provided to the City Manager, Human Resources Director and Finance Director. 10.2 Time shall be transferred from the employees appropriate leave bank each year of the Agreement during the month of October. e 10.3 Time Pool hours shall roll over from one year to the next. 10.4 Union representation shall utilize the Union Time-Out slip when using Time Pool hours. 10.5 Union time pool hours shall only be used for a steward's leave from assigned regular duties. 10.6 Union time pool hours shall be classified as paid leave from work and shall not count as time worked for the purpose of calculating overtime. 10.7 The City may delay the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives any employee of his or her right of representation. Whenever the City has scheduled a meeting at which a Union representative is required and that meeting is cancelled, the City shall reschedule the event at the convenience of both parties. e Yf; T A City or-Boynton Beach ~ T A SEIU Florida Public Services Union CTW, CLC 16 smu Florida Public: Servi"". Unioo Blue CGIIar agreement 2570f735 e ARTICLE 11 11.0 BULLETIN BOARDS 11.1 The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of the Union. These bulletin boards shall be used for posting Union notices, signed by aUnion officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings. E. Union newsletter (may be unsigned). 11.2 All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting md removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. e 11.3 The Union shall not post endorsements for candidates who are running for office. -e TA c;,y~, .=b oJ.JVvJ T A SEIU Florida Public Services Union CTW, CLC 17 SEI U Florida Public 50"";= Union Blue CoUar agroemont 258 of 735 e e e ARTICLE 12 12.0 PROGRESSIVE DISCIPLINE 12.1 PURPOSE 12.1.1 The City is committed to recruit, train, and retain qualified employees who will contribute to the City's mission. 12.1.2 The success of the City government in providing quality and efficient public service directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. 12.1.3 When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. 12.1.4 No employee shall be disciplined or discharged without just cause. 12.2 POLICY 12.2.1 Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly to insure the successful operation of the City and its services. However, in certain circumstances punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance or severity of the incident. 12.2.2 Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 12.2.3 A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall be the only app 0 riate measure. ""' (J n A 4 ~{/V't' 18 TA City ofBoyn each TA SEIU Flprida Public Services Union CTW, CLC SEJU FlQrida Public SeMocs Union Blue Collar .~...t 2590f735 e e e 12.2.5 The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is. designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the rights of the City, but are to be used as a guide. 12.2.6 All prior discipline received by an employee shall be considered when a new discipline is contemplated, but not all prior discipline shall be given the same weight. By way of example: The older a discipline, the less its weight. A pattern of discipline over a short period of time has greater weight than sporadic discipline spread over an extended period of time. EXAMPLES OF MISCONDUCT (ALL TYPES) The following types of infractions, offenses of misconduct, serious misconduct or extreme misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses that violate permissible behaviors or are specifically prohibited by law. The following are examples of violations that shall result in discipline and the progressive discipline actions that may accompany the violations. MISCONDUCT 1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part of the employee on the job which hinder or jeopardize the successful operation of the City, undermine teamwork and/or cooperation among City employees, or undermine the public confidence in the City or its employees. . 2. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b. Failure to use all safety restraints when riding in or operating a City vehicle c. Failure to wear and or use prescribed uniforms or equipment 3. Abuse of Personnel Policies, including but not limited to: a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism b. Failure to notify the Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change c. Failure to report any outside employment 4. Abuse of departmental procedures and work rules including: a. Failure to provide name and official title to any person requesting same when pe rming work related duties TA City of Boynt n Beach T~ervices Union CTW, CLC 19 SEIU Florida Publio S..-vioes Union Blue Collar _en! 2600f735 e e e- b. Habitual extension of lunch period or break period c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior This chart outlines the usual progression options for occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST 2ND 3RD OCCURRENCE OCCURRENCE OCCURRENCE Misconduct Written Counseling Written Reprimand Suspension Without Payor Dismissal SEroOUSMITSCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self, others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles 2. Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of a supervisor 3. Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within thirty minutes before the shift start time. c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status e. Outside employment which conflicts, interferes with or otherwise hampers the performance of the employee in hislher City job 4. Inefficiency or Incompetence a. The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Ex les of poor performance ~ incJRd~ failty'C to provide responsive, ~ 20 T A City ofBoyn 0 each T A SEIU Florida Public Services Union CTW, CLC SElU Flori"" Public Sotvice. Union Blue Collar agreement 261 of735 e e courteous, high quality customer service or repeated failure to support team goals and contribute to team success. b. Refusal to perform assigned duties and responsibilities. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (ratings of I or 2) shall be given a follow-up evaluation within 60 days of the "Does not Meet Standards"f-Or "Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Standards" {as outlined in the Incentive Pay System Policy}. The following chart outlines the progressive discipline options for occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. OFFENSE TYPE 1ST OCCURRENCE 2ND 3RD OCCURRENCE OCCURRENCE Serious Written Reprimand or Suspension Without Dismissal Misconduct Suspension Without Payor Dismissal Pay EXTREME MISCONDUCT 1. Violations or disregard of City Safety Policy & Procedures, including: a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employee's on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation. c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to report the revocation or suspension of a driver's license when employment involves driving 2. Abuse of Personnel Policies, including, but not limited to: a. Possession of a firearm or concealed weapon on City property or while performing official duties without written permission from the Department Director (excluding law enforcement officers) b. Gambling during work hours c. Refusal to sign a disciplinary form . d. I'ion onevocation of any ~~~ Ikon", or ""rufiCations~1 T A City of Boyn n Beach T A SEJU lorida Pub ic Services Union CTW, CLC SEIU Florida Public Services Unioo Blue Collar .agreem.enl 2620f735 e e ~e 3. Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds b. Conducting personal and/or private business on City time; improper use of City time for such activity c. Falsifying attendance records d. Other department rules as communicated by director or supervisor 4. Illegal, unethical or improper acts, including: a. Theft or removal of City property without authorization b. Falsifying employment application or concealing information during pre- employment screening or processing c. Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statute d. Giving false information or failure or refusal to fully cooperate or provide full truthful information in City initiated investigations e. Possession, use or sale of illegal drugs, alcohol or prescription medication that alters the employee's performance on the job or any confirmed positive drug test f. Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program h. Refusal to submit to a City required drug or alcohol test 1. Falsifying or attempting to falsify a City ordered drug test J. Violating the City's Sexual Harassment policy through interaction with another employee or a member of the public k. Conviction ofa felony (Including non-work related) The following cbart outlines the progressive discipline options for incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST 2ND OCCURRENCE OCCURRENCE Extreme or Unlawful Suspension Without Dismissal Misconduct Payor Dismissal Note: The progressive discipline steps outlined above are guidelines and refer to the discipline options the City may take. Actual discipline is fact sensitive and may vary from the guidelines. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the appropriate level of discipline, if the employee is found to have committed the offense. ;2& TA City of Boynton Beach ~ TA SEIU Florida Public Services Union CTW, CLC 22 ssm Florida Public Scrvi<es Union Blue Collar K8J=1lClII 2630f735 :e 12.3 PROCEDURE FOR DISCIPLINARY ACTION 12.3.1 When an immediate supervisor becomes aware of conclusive evidence of the need for an employee to be disciplined, he/she becomes responsible and shall investigate the circumstances of the misconduct or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. 12.3.2 Administrative Review - Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police Department employees. These investigations shall be conducted by the Department Director and HUman Resources, who shall obtain all sufficient information, induding documentation anellor sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. Verbal Counseling and Written Counselingwill not be subject to administrative review by Human Resources. Administrative investigations shall be conducted expeditiously. e 12.3.3 Criminal Investigations - Investigations conducted when criminal violations are reportedly committed by an employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. e J2.3.3.1 In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of final disciplinary action. 12.3.3.2 The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days with pay require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproved. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued, so that the matter can be investigated. 12.3.3.3 A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the. suspension with pay period shall not be counted as disciplinary in nature. A document confinning a favorable determination as to the matter should be made p 0 the emp yee's record. 23 SEIU FJcrida Public Service. Union Blue eDitor agrecmeot 2640f735 e .- e VERBAL WARNING or other instructive verbal communication will not constitute discipline and an employee is not entitled to union representation when management is taking such action. Verbal warning or other instructive verbal communication may be used to establish that an employee knew or should have known that performance, work habits, and behavior is not appropriate. 12.4 TYPES OF DISCIPLINARY ACTION A. WRITTEN COUNSELING - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior and counseling the employee on improvement expected. Written Counseling serves as a warning against further repetition of employee behavior. Further violations will result in discipline up to and including termination. The immediate supervisor should complete a Written Counseling Memorandum and discuss the content with the employee with a management witness present. The employee shall be required to sign the form signifYing that helshe has read and discussed the contents with the supervisor. Such signature does not constitute Agreement with the contents. The Written Counseling Memorandum, signed by the immediate Supervisor and the management witness, shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRIITEN REPRIMAND - Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits or behavior, with a management witness present. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or performance which require improvements; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the immediate Supervisor and the management witness and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. Such signature does not constitute agreement with the contents. Employees may submit comments for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee impro~nts, a follow-up discussion at ~Signated time period . a 24 T A City of Boynton Beach T A SEIU Florida Public ServiCes Union CTW, CLC SE[U Florida Publi~ Set"o1ce:& Union Blue eo.1. agreement 2650f735 e e 'e should be conducted. The follow-up discussion will provide a specific opportunity to review the employee's improvements relative to the discipline. Written reprimands should be reflected on the employee's performance appraisal along with any noted improvements. C. SUSPENSION WIllIOUT fAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior or when instances of progressive discipline supports a suspension without pay for a specified period of time. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for two (2) working days or less. All other suspensions without pay require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension without pay. rt shall also include a statement that future violations will result in further disciplinary actions up to and including termination. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's record, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. D. DEMOTIONS - In the context of this policy demotion consists of an employee being involuntarily removed from a higher level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of the inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions such as licensure or certification. In addition, probationary em}lloyees shall be subject to demotion without the City being required to state a reason. The probationary employees shall not have access to any appeal process with regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of commmd and the Human Resources Department prior to a written recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Human Resources. Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. ~(b . ~ T A City of Bo)nton Beach T A SEIU Florida Public Services Union CTW, CLC 25 SElU FloOo. Public Service. Union Blue Collar __nl 2660f735 e e e Written notification of demotions shall be provided to the employee by the department Director. Such notices shall include fue final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination if the demotion was a result of misconduct, All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroU.purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply through documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two (2) unsuccessful attempts to deliver the notification, then the notice shall be sent via US mail to the most recent address on record in the personnel file. The recommendation shall include the following information: The underlying reasons for the recommended termination and the documentation upon which the Department Director relied in formulating said recommendation. An explanation of hislher rights to request a predetermination hearing prior to termination taking effect and the facts that the decision to discipline of the City Manager shall be fmal subject to grievance and arbitration as provided for in Article 13 of this Agreement. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their personnV~ ~ TA City ofBoymon Beach TA SEIU Florida Public Services Union CTW, CLC 26 SEJU Florida Public Services Union Blue Collar agreement 267 of 735 e Probationary employees who have not successfully completed the established probationary period shall be. subject to dismissal without cause, after review by Human Resources. 12.5 RIGHT TO PRE-DETERMINA nON HEARING Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The City Manager's designee shall conduct the predetermination hearing. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of hislher choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and establish the suspension or temiination date(s) if appropriate. Information gathered before, during or after a pre-determination conference constitutes part of the City's investigation or an act of omission that can result in discipline. e 12.6 EMPLOYEE APPEALS . GRIEVANCES 12.6.1 Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 12.6.2 Regular employees may appeal to an arbitrator a discipline greater than a suspension without pay of more than one (1) work day using the same procedure for arbitration as is set forth starting in Step 3 of Article 13 (grievance article) shall have just cause appeal and grievance rights as outlined in Article 13 of this Agreement. 12.6.3 Regular employees may not grieve a one (1) day suspension. Regular employees may respond to disciplinary actions for suspensions with or without pay of one (l) workday or less by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is fmal and not subject to further review. e TAC;IY~B_ ~ TA SEIU Florida Public Services Union CTW. CLC 27 SEIU Florida P.blic Services Uoion BI.., Collar agr.....DI 268 of 735 e e e 12.7 PERFORMANCE IMPROVEMENT PLAN Employees who receive a Written Reprimand with a Suspension shall be placed on a Performance Improvement Plan. The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face dismissal. CRIMINAL CHARGES 12.8 DISPOSITION OF CRIMINAL CHARGES When a City employee who is a member of the bargaining unit is arrested and charged with a felony offense, the employee shall be placed on administrative leave without pay until final disposition of the criminal charges. An employee who is convicted of Of who pleads guilty or no contest. to a felony in conjunction with a plea negotiation shall be terminated from theif employment with the City. An employee placed on administrative leave without pay, Wlder .these circwnstances may use accrued vacation and accrued. sick time during the leave period. If found innocent or if the State Attorney drops the charges, not as a result of'a plea deal, the time will be reinstated. TA c;ly 'f~ B..", ~ . T A SEIU Florida Public Services Union CTW. CLC 28 SElU Florida Public 80m"'" Union BS.. Collor agreement 2690f735 e ARTICLE 13 e e 13.0 GRIEVANCE AND ARBITRA nON PROCEDURES 13.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. 13.2 No employee or group of employees may refuse to follow directions pending the outcome of a grievWlce except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that hislher health and safety is threatened. Compliance with such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. a) The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Counseling and Performance Evaluations cannot be grieved. 13.3 All grievances shall be in writing on a form prepared by the City and Union. All responses to a grievance must be in writing and dated by the responding party. Grievances not appealed to the next higher step within the prescribed time limits will be considered withdrawn and need not be further processed by the City. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended only by mutual written agreement of the Union and the City. 13.4 GRIEVANCE PROCEDURE STEPS The parties agree to a step procedure for processing grievances. The deadlines hereinafter listed may only be extended by written agreement of the parties. An extension or waiver of a deadline shall never be inferred by the conduct of the parties. When the Union fails to timely move a grievance to the next step, the grievance is deemed withdrawn and cannot be re~filed. When the City fails to respond at any step, the grievance is deemed denied and the Union may proceed to the next step. The parties agree to substitute a grievance tracking system which utilizes the City Clerk's Office as a conduit for filing as follows: TA CRy ikton n_ ~ T A SEIU F orida Public Services Union CTW, CLC 29 SElU Florida Puhlic Se:rvices U.ioo Blue Collar .gr....... 2700f735 e e e 13.4.1 Step 1. Within ten (10) working days of the incident or the time which the employee had knowledge of the incident, the Union may initiate a grievance, by filing a grievance with the City Clerk's Office, with a copy to the employee's Department Director/Designee. The grievance shall be hand delivered or sent by facsimile between the hours of8:00 a.m. to 5:00 p.m. The written grievance must contain the following: A. B. Statement of the grievance and the facts upon which it is based. The Article Sub-Section(s) of this Agreement alleged to have been violated. The action, remedy, or adjustment requested. The signature of at least one aggrieved employee and of a union representative (Union Official or Steward) and the date filed. A statement indicating the grievance is a class action grievance, when appropriate. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). A statement identifying the positions of the class of workers affected when brought as a class grievance. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice- President). In the event a grievance doesn't contain the required information, as listed above, it shall be returned to the grievant andlor Union Steward for further processing. If the ten (10) working days since the initial incident has passed when the grievance is returned, the period for the grievant and/or Union Steward to resubmit to the City Clerk's Office will be extended forty-eight (48) hours. C. D. E. F. G. The Department Director/Designee shall respond to the grievance on or before 5:00 PM on the eleventh (11 th) business day following the date of receipt of the grievance. Step 2. In the event the employee is not satisfied with the disposition of the grievance by the Department DirectorIDesignee, the Union shall have the right to file a written appeal of the decision to the Human Resources Director within five (5) days of the date ofreceipt of the Department Director'slDesignee's decision. Within five (5) days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter. If the union fails to attend the prearranged meeting; the grievance will be considered abandoned. The Human Resources Director or designee shall respond in writing to the employee within five (5) days of the meeting. TrJ.ru~,umon CTW, CLC 30 SElC Florid. PIlbli. S"""""', Union Bilx Collar .groomOll' 271 of 735 e e e 13.5 Step 3. When a grievance is not settled under the forgoing steps of the grievance procedure, the Union, within twenty (20) days of such decision, may initiate arbitration by filing a request with the Federal Mediation and Conciliation Service for an arbitration panel. A copy of the request shall be served on the City. The arbitrators shall set the hearing on the matter appealed wiU be heard within ninety (90) days foUowingappointment. If the arbitrator is not available within the ninety (90) day period, the next arbitrator shall be used. The arbitrator shall make a final and binding ruling within thirty (30) days following the hearing or, when requested by either party, the submission of briefs. The City and the Union will select arbitrators from a panel list provided by the Federal Mediation and Conciliation Service (FMCS). The arbitrator shall only have jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter Or change in any way the provisions of this Agreement and shall confIDe the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. When the arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself, if the matter can be arbitrated. The issue of arbitrability shall be determined in summary fashion without a hearing. The parties shall submit the issue to the arbitrator by motion of the city with supporting documentation and/or affidavits. The Union shall file its response with supporting documentation and affidavits within ten (10) days of the City's motion. The arbitrator shall make hislher ruling based on the documents provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct one telephone conference with counsel for the City and Union prior to ruling on the City's motion. If the City raised the question of arbitrability and loses that determination, the City shall pay the arbitrator's fee for the arbitrability determination. If the City raised the question of arbitrability and the arbitrator determines that the matter is not able to be arbitrated, the Union shall pay for the arbitrator. 13.5.1 The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance step or after the terminated employees' pre-determination hearing. TA COy 'f'dfi::B"'''' ~u,;oo CTW, CLC 31 SEIU Florida ....hl;c Services UniOfl Blue Collar _eat' 272 of735 e e e 13.6 The hearing shall not be formal and the strict rules of evidence shall not apply. 13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be born equally by the parties, unless they agree otherwise. 13.8 The term "day" shall mean Monday through Friday, exclusive of holidays, as recognized by this Agreement. TA City YZ, B=h T~,""'''' u,;oo CTW, CLC 32 SElU Flllrid. Public SoMce' Un;"" Blue Coil", asrocment 2730f735 e e e. ARTICLE 14 14.0 BASIC WORK WEEK AND OVERTIME 14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic workweek and hours of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. 14.2 AU authorized and approved work performed in excess offorty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one-half times the employee's straight time rate. Overtime shall be offered for a specified work function on a rotating basis based on seniority to those employees who normally perform the job functions during their regular work hours. 14.3 Employees may all be required to work additional hours as directed unless excused by supervision. 14.4 Since the Utility Department is a seven (7) day per week continuous operation, employees will have two (2) consecutive days off after completing their regularly schcduled work week. In the event that an employee chooses to do so, and it can properly be scheduled, hislher days off may be split to accommodate the needs of both the employee and the employer. 14.5 Supervisors will provide no less than two (2) hours advance notice to employees prior to the assignment of scheduled overtime. except in the case where the supervisor has determined that the scheduling of overtime is done on an immediate basis to meet the needs of the community. 14.6 Only hours actually worked \\'ill be counted for the purpose of calculating overtime. 14.7 Employees cannot be in a work status more than seven (7) minutes prior or seven (7) minutes after regular workday unless they have their supervisor's approval to be in a work status. Each employee must be advised of the official start and ending time of their department workday. TA c;ty ,~, B~h ~ 33 T A SEIU Florida Public Services Union CTW, CLC SEIU Florid. Public Servic.. Union Blu, Collar _"""" 274 of 735 e For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute Rule", This rule means that an employee will not be eligible for overtime until he/she has been on the job for more than seven minutes, i.e. at the start of the 8th minute they would then receive 15 minutes at time and a half. This procedure will also be followed if an employee reports to work late. The employee shall be marked as tardy using the same 7/8 Minute rule, for purposes of calculating payroll, however, an employee will be deemed "tardy" if they appear for work anytime after the designated starting time. Any employee that is tardy is subject to appropriate discipline. 14.8 It is understood that the clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured. If at any time, that clock is deemed inoperative, the immediate supervisor will advise employees of the clock whlch will be utilized in lieu of it. e e TA c;oy ~ton 8MOh 34 ~ T A SEIU Florida Public Services Union CTW, CLC SEIU Florid. Public Seni... Un;"" Blue Collar agrcc:mc:nl 2750f735 e ARTICLE 15 15.0 TASK ASSIGNMENT - SOLID WASTE 15.1 Workweek and Overtime 15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a daily task assignment. A daily task assignment shall be defined as those duties correlating to collection of solid waste from defined routes; assisting other employees in collecting solid waste from other defined routes according to Article 15.1.2; attending departmental meetings that require employee attendance; cleaning and maintaining vehicles; performing emergency work as denoted in Article 15.1.3 and any other duties assigned by supervisory staff related to support services for solid waste collection and advanced Citywide disaster preparation and response. 15.1.2 Within the Solid Waste Division, circumstances may arise which prevent certain crews from completion of their assigned route within the work day. In that event management may direct other crews to help complete the route(s) of the crews unable to complete their route(s), on that same day. e 15.1.3 All employees in the Solid Waste Division of Public Works that are covered by this Agreement shall be considered task employees. Task employees will be assigned to shifts or either 8 or 10 hours per day. Employees will always maintain the same shift for an entire workweek. A daily task assignment shall be assigned at the beginning of the workday by the supervisor. Upon completion of the assigned daily task, the task employee may be required to perform other work functions related to the Solid Waste Division of Public Works. Task employees may be assigned duties outside of the Solid Waste Division in the event of pending, ongoing, or past citywide emergencies. Task employees shall be released from duty by the immediate supervisor. No task employee will be allowed to release him or herself from duty. 15.1.4 All task runs shall be equalized as closely as possible, as determined by the Public Works Director. IS. 1.5 Employees covering another employees assigned routes when the normally assigned employee is on vacation or out for an extended illness, shall be assigned for the entire 40 hour period, and shall work the same shift for the entire period as the employee whose shift they are covering. Management shall make every effort to assign the employee covering the shift 48 hours in advance. e TA C"" ~lon_h (j~ T A SEIU F!orida Public Services Union CTW, CLC 35 smu Flonda Public SetVicc. Union BIll<: Collar agrcemeot 276 of 735 e e - -.. 15.1.6 Task hours will not count as hours worked and overtime will be paid according to Article 14. 15.2 Holidays 15.2.1 . When a City observed holiday falls on an employee's scheduled work day, the employee will receive eight (8) hours holiday pay at straight time. . When an observed holiday falls on an employee's non-scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. . Task employees may not use emergency vacation hours on a holiday. 15.2.2 In addition to receiving holiday pay Solid Waste employees shall receive pay for hours worked at straight time when required to work on a holiday. Should they be required to work beyond their regular task hours on a holiday, those hours also shall be paid at time and one half their regular rate of pay. 15.2.3 The City will publish a holiday service schedule and make up day schedule at least six (6) months prior to the holiday. 15.2.4 Should service be provided on Sunday, the City shall pay employees, who volunteer to work, a 3-hour minimum at their overtime rate of payor the actual time worked whichever is greater. Employees may sign up to voluntarily work on Sunday to perform the same type of work completed during the regular work week. V oluntary Sunday work assignments shall be made on a rotating seniority basis starting with the most senior employee who signed up to work. If no employees volunteer to work on a Sunday when work is available, the City shall assign the work on a reverse seniority basis beginning with the least senior employee who would normally performs the work during the regular work week. iJ; T A City of Boynton Beach ..~ T A SEIU Florida Public Services Union CTW, CLC 36 SEIU Florida Public Services Union Bl... Coli.. ._nt 2770f735 e ARTICLE J6 16.0 WORK BREAKS 16.1 EmpJoyees shall receive a one-half hour (~) or one (1) hour unpaid lunch period. 16.2 Employees working in Division 28 II (public Water Treatment) will not receive an unpaid lunch break and are required to remain at their normal work stations for the duration of thejr shift. 16.3 Employees shall receive two (2) fifteen (15) minute paid breaks each day. 16.4 Abuse of break time is grounds for progressive disciplinary action. e e ~~ T A City of Boynton Beach ~ TA SEIU Florida Public Services Union CTW, CLC 37 SEfU Florida Public Sl!lI'Vioes. Union Blue Collar agreement 278 of735 - e e ARTICLE 17 17.0 COMPENSATORY TIME 17.1 Employees may accrue and use compensatory time in lieu of overtime pay when the employee works in excess offorty (40) hours in a workweek. 17.2 Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate up to eighty (80) hours of compensatory time. At no time may an employee accumulate more thWl eighty (80) hours of compensatory time. Compensatory time may be taken as earned subject to the approval of the Department Hea.d/Designee who shall schedule the time off to meet the operating requirements of the Department. 17.3 It is solely the employee's choice as to whether he/she wishes to be paid for their overtime at one and one-half times their regular hourly rate of pay, or take compensatory time. The City will not encourage employees to take one form of compensation over the other. ~{f;; TA City of Boynton Beach C\~ T A SEW Florida Public Services Union CTW, CLC 38 SEIU Florida Public Serviccs. Union Blue Collar agreement 2790f735 e ARTICLE 18 18.0 WAGES 18.1 Wages shall remain at their current level and shall not increase for the duration of this agreement. e e .~ T A City of Boynton Beach ()2~ TA SEIU"MOrida Public Services Union CTW, CLC 39 SETU Florida Public; Services UlJion. Blue Collar agreement 280 of 735 e e e ARTICLE 19 19.0 PROMOTIONS, RECLAssmCA nONS, TRANSFERS & DEMOTIONS 19.1 PROMOTIONS 19. J.l Employees interested in applying for a promotional opportunity must have been in their current position for a minimum of six (6) months and have at least a meets standards performance level. Each promoted employee must successfully complete a six (6) month probationary period in the new position. Employees are eligible for the following increases in pay upon promotion: Promotion from non-exempt position to exempt position: + 10% of mid-point of new grade or to minimum of new grade whichever is higher Promotion of one grade (exempt to exempt or non-exempt to non-exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of two grades (exempt to exempt or non-exempt to non-exempt); +7.5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non- exempt): + 1 0% of mid-point of new grade or to minimum of new grade, whichever is higher 19.1.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. 19.1.3 Each promoted employee must successfully complete a probationary period of six (6) months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six (6) months and have a Meets Standards or higher performance rating. 19.2 DEMOTION 19.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows: Decrease of one grade: - -% of mid-point of current grade (position leaving) ~ T A SEIU Florida Public Services Union CTW, CLC 40 SEill Florida Public SO""".. Unio" HLue Collar agm:IDCm 2810f735 e e e Decrease of two grades: -7.5% of mid-point of current grade (position leaving) Decrease of three or more grades: -10% of mid-point of current grade (position leaving) 19.2.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. 19.2.3 The pay of a promoted employee, who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. 19.2.4 Exceptions to this policy may occur if there is a department restructuring that result in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. 19.3 LATERAL TRANSFER 19.3.1 Employees transferring from one position to another in the same pay grade, whether in the same or in a different department, will maintain the same pay rate. 19.3.2 Each transferred employee, whether in the same or a lower grade, must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. 19.4 RECLASSIFICATION 19.4.1 Positions may be considered for reclassification only upon written request of the Department HeadlDesignee, including detailed justification. If the reclassification is for a change to an existing position classification (e.g. Grade 13 to Orade 14), the incumbent must complete a position questionnaire, which will then be evaluated by the Human Resources Department. If the request is to change from one current position classification to another, (e.g. Office Assistant to Office Assistant, Sr.) that justification must be included in the Department Head's request. 19.4.2 Reclassification requests will be considered each year during the budget process. Reclassifications requested during the fiscal year will be considered only if the department is restructuring or realigning major responsibilities. Mid-year reclassifications must have the approval of the HR Director, Finance Director and City Manager. TA c;IY~""<a<h ~=u,;" CTW, CLC 41 SEIU Florida Publi. Ser>i... Union Blue CoUar -="' 2820f735 e e e 19.4.3 Implementation of any reclassification, whenever approved, will not become effective until the necessary funds are available in the department budget. Any salary change required by a reclassification will become effective as of the date the reclassification is approved. 19.5 PROMOTION FROM PART-TIME TO FULL-TIME 19.5.1 Each employee promoted from part-time to full-time must successfully complete a probationary period of twelve months from the date of promotion. 19.5.2 Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. T A c;ty "B~_ (jf~ T A SEIU Florida Public Services Union CTW, CLC 42 SEll) Florid. Public Seril"." U.,on BI". Collar _ClIl 283 of 735 e ARTICLE 20 20.0 STANDBY & CALL BACK PAY 20.1 STANDBY PAY 20.1.1 In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby duty assignment is made in writing by a department director or hislher designee who requires an employee on hislher off-duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during offhours, due to an urgent situation. The written directive placing an employee on standby shall specify a starting and ending period. An employee who works a minimum of four (4) hours in a work day may be placed on standby for that day. e 20.1.2 Employee placed on Stand-by shall be assigned a take-home vehicle in compliance with the department's rotation list appropriate for the completion of the task required of the employee should he/she be called back to work. All take home vehicles shall be equipped with Automatic Vehicle Locators (A VL) capable of tracking a vehicle's location and the time of day. The A VL capability will substitute for the City time clock for those employees responding to emergency situations in take home vehicles. Therefore, those employees on Stand-by will not be required to punch in or punch out on the normal City - time clock and instead may travel directly to and from their home to the work site when responding to after-hours emergencies. For payroll purposes, the starting time of the employee responding to emergencies will be that time when the vehicle leaves the employee's home and the ending time will coincide with provisions outlined in section 20.2 - Call Back Pay. 20.1.3 An employee who is called while on standby but who only responds by telephone or electronic communication is not entitled to call back pay however, the employee shall be entitled to one hour of straight time pay, up to a maximum of five (5) such one-hour payments in a seven-day standby period. Any subsequent call responses are considered as compensation under the initial standby pay allowance. Such pay shall be documented with the time of call and a summary of resolution of the incident telephonically or by electronic communication on log sheets prescribed by the City. If the duration of the call is less than 15 minutes, such time shall not count toward hours worked for FSLA purposes. 20.1.4 The employee shall receive one hour of pay at time and one half the employees . i" of pay !b, each 24 hour period that they are aasigocd standby duty Ti: TA City of oynton Beach SEID FIDrida Public. Services Union Blue Collar agrecmCllC 2840f735 e e e spent on standby does not count as time worked for calculation of hours worked in a workweek or for overtime purposes. 20.2 CALL BACK PAY: 20.2.1 Any employee called back to work after having been relieved and having left the assigned work station or called in before hislher regularly scheduled work time, shall be paid the actual time worked at time and one half or a minimum of two (2) hours pay at straight time ,when such callback is between the hours of 8:00 a.m. and 12.00 pm. (midnight) whichever is greater. When such callback is between the hours of 12.01 a.m. and 6:59 a.m. the employee shall be paid the actual time worked at time and one-half or a minimum of three (3) hours pay at straight time, whichever is greater. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitled to Call Back Pay. In this case the finishing time for that particular work day will be adjusted accordingly. 20.2.2 After an employee has been called out once during the employee's time off, all subsequent call outs occurring prior to the employees next regular shift will be at a rate of one and one.-half (1112) times hislher base rate of pay for actual time worked. If work conducted on the call extends into normal work hours, the time worked after the start time will be paid at straight time. 20.2.3 Call out pay constitutes premium pay. Hours worked on call out count as hours worked in the employee's work week. , ~ T A City of Boynton Beach ~ T A SEIU Florida Public Services Union CTW, CLC 44 SEIU Flonda Publi. SeNicos Union Blue Collar agrecmenl 2850f735 e e e ARTICLE 21 21.0 WORKING IN A HIGHER CLASS 21.1 When an employee is qualified for and is temporarily assigned the authority, duties and responsibility for a position allocated to a higher classification, they shall receive a 5% increase in payor the minimum of the higher classification, whichever is greater, until returned to his/her regular classification. Employees shall be required to perform work in a higher classification only upon written memorandum by their supervisor. Upon release from duties and responsibilities of the position assigned to a higher classification, the employees salary will be reduced to the rate the employee would be receiving had the temporary assignment never been made. 21.2 Employees shall be required only upon written memo from their supervisor to perform work in a higher classification for training purposes. In this connection, they shall perform that work without a 5% increase in payor the minimum of the higher classification. TA C;Iy~OO ""'" TP..lg~"U';o, CTW, CLC 45 SEIU FIOJid. Publi. Se.-vicos Union BIlle Collar _mon, 286 of 735 e e e ARTICLE 22 22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES 22.1 Employees who are assigned to train another employee(s) who is/are new to the position(s), shall be assigned in writing and shall receive a 5% increase in pay during the time they are training another employee. ~ TA City of Boynton Beach ~ T A SEIU Florida Public Services Union CTW, CLC 46 SEru Florid. Public SOfVic,", Unioa Blu. Collar 81l"'Cmcnt 287 of 735 e ARTICLE 23 23.0 EMERGENCY PAY POLICY 23.1 Emergency pay shall hereinafter be paid in accordance with the provisions of City Emergency Ordinance 2005-036 or the most current City Emergency Ordinance. e e ~& T A City of Boynton Beach () mvJ T A sIDu Florida Public Services Union CTW, CLC 47 SF.IU Florida Public s.m_ Union Blue ColI..- _en, 2880f735 e e e ARTICLE 24 24.0 CERTIFICATION PAY 24.] The City shall pay $500.00 for each certification or license as listed in Appendix 1. The appendix may be amended from time to time pursuant to input from the Labor Management Committee. Exceptions to the list shall be agreed upon by the employee and the department head/designee. The City shall also pay for the actual certification or license fee. This provision shall not operate to reduce certification incentive pay policies. Bargaining unit members who participate in departmental certification pay programs are not entitled to participate in the program set forth herein 24.2 The City shall provide educational and training opportunities for lifeguards during work hours so that the employee may earn and recertify for an EMT certificate. The City shall pay for the course and all course material. Lifeguards who earn EMT certificates shall receive a one-time 5% wage increase upon initially earning the certificate. No other compensation is applicable for this certification. 24.3 If for any reason an employee's certification is cancelled or expires, his/her salary will be reduced by the dollar amount initially granted when he/she received the 5% increase, but shall be reinstated if the employee is recertified. 24.4 The foregoing benefit addressed in this article is suspended for FY 09/J0. TA C;ty 'f~ B'~h OJ!hvJ TA SElU Florida Public Services Union CTW, CLC 48 SEll: Florida Public Service. Union Blue Coli., >.JlI=meal 2890f735 e ARTICLE 25 25.0 SICK LEAVE 25.1 An employee shall notify hislher immediate supervisor or designee, in a manner provided for by management, of hislher illness no less than one half (1/2) hour before his/her normal workday begins. If an employee fails to call in within the specified time, the employee shall be subject to progressive discipline. This notice procedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies hislher supervisor of the length of time he/she win be absent. 25.2 Sick leave win be granted upon-approval of the Department DirectorlDesignee for the following reasons: B. Employee's health, or up to 40 hours per fiscal year for illness of immediate family q1ember the employee's parent, spouse, or child. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. See 25.7.2 Quarantine due to exposure to contagious disease. In connection with Workers' Compensation and which shall remain status quo during the term of this Agreement. A. e C. D. 25.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or eight (8) hours per month. No employee shall be entitled to use sick leave in excess of the amount of such leave accumulated. Employees may accumulate a maximum of 1040 sick leave hours. All unused hours shall be paid out at 50% upon termination of employment with the City. Any accrued but unused sick leave hours beyond 1040 shall be transferred into the employee's Personal Leave Bank at one for one. Personal Leave hours may be utilized as necessary. Any unused Personal leave hours may be cashed in upon termination with the City at 50% or the full value of the hours may be used to purchase health care benefits should the termination be due to normal or disability retirement. 25.4 An employee making a departmental transfer will retain any unused sick leave. e 25.5 Employees who have attained non-probationary status and are regular employees will have payment made for unused sick leave for up to 1040 hours, at the rate of 50% of the total number of hours accumulated, but not taken, upon termination in good standing, retirement or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension ~lk?) T A City ~ton Beach ~ T A SEIU Florida Public Services Union CTW, CLC 49 SElU t1orid. Publie Services UBioo Blu. Collar aareemenl 2900f735 e e 25.6 Employees may request, and shall be covered by the provisions of the Family Medical Leave Act. 25.7 Sick Leave Donations 25.7.1 It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period oftime (workers compensation leave time excluded), and when the employee has exhausted all accrued sick and vacation leave down to 40 hours. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. 25.7.2 Sick leave exceeding three (3) consecutive work days requires medical certification on return to work. 25.8 Restricted Sick Leave 25.8.1 A member shall be placed on restricted sick leave when a pattern of sick leave abuse is present and the employee has had a counseling session with hislher Director or Department HeadlDesignee. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave. At that time, the employee will be given an opportunity to explain the sick leave taken. 25.8.2 When an employee is placed on restricted sick leave, the employee will be notified in v.Titing of that fact. An employee placed on restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. If not re- evaluated within five (5) working days after the three (3) month period, the employee will be automatically removed from restricted sick leave. 25.8.3 During the initial ninety (90) day restrictive sick leave period, if there is a violation of the restricted sick leave policy, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restrictive sick leave beginning on the date of the policy violation. For cach successive restricted sick leave violation, the employee shall be placed on restricted sick leave for an additional ninety (90) period and shall be subject to further progressive discipline up to and including termination. 25.8.4 Abuse of sick leave occurs when an employee uses sick leave for reasons other than illness. Abuse of sick leave can result in disciplinary action or . ~ affect perfonnlince appraisa~ 50 TA City of Boynton Beach TA SEIU Florida Public Services Union CTW, CLC SEIU Florida Publi. Service, Union BID. ColLar .greom.nt 291 of735 e ARTICLE 26 26.0 WORKERS COMPENSATION 26.1 Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. 26.2 If the period of disability is greater than seven (7) calendar days, the employee shall receive a sum of money up to an amount equal to the difference between hislher worker's compensation check and hislher normal net pay up to three (3) months. In no case will the salary supplement be extended beyond three (3) months from the date of injury. At the end of three (3) months, the Risk Manager will review the medical certification from the employee's authorized workers compensation treating physician for a determination of pay status. If the authorized medical certification justifies temporary total disability, the salary supplement continuation win be granted. If the continuation of the salary supplement is granted, it shall continue the same rate as defined above for up to an additional three (3) months. e In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began. 26.3 After three (3)months from date of injury, the injufed employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with hislher regular hourly wage, to the extent that hislher combined sick leave Of vacation leave, Wld worker's workers' compensation benefits equal hislher regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. 26.4 It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. 26.5 If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes first. e TA c;'Y ~oo "'Kh ~ 51 T A SEIU Florida Public Services Union CTW, CLC SR1U Florida P'ublic SeMCes Union Blue Collar agreerncm 2920f735 e 26.6 If an employee who is receiving Worker's workers' compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for hislher services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. e e & T A City of Boynton Beach ~ 52 TA SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 2930f735 e e e ARTICLE 27 27.0 LIGHT DUTY 27.1 Employees who have injuries which prohibit them from performing their regular assignments may return to work and perform light duty when there is light duty work available and the City has determined that the employee is able to perform the work without risk of further injury. The City is under no obligation to create light duty work. If there is no work available the employee win remain on sick leave status until he/she has a full release to return to work from hislher doctor. 1?3 T A City of Boynton Beach t{ Q/n~ T A SElU Florida Public Services Union CTW, CLC 53 SEIU Florida PubU. Senicc, Union Blue Collar .greemont 2940f735 e e e ARTICLE 28 28.0 VACATION 28.1 Each full time employee shall earn vacation leave as follows: Years of Service Vacation Hours 1 year 2-3 years 4 years 5 years 6 years 7 years 8 years 9 years 1 0-15 years 16-20 years 21 years 80 120 128 136 144 152 160 168 176 192 200 28.2 Vacation leave may be taken as earned, in thirty (30) minute increments subject to the approval of the Department Head/Designee who shall schedule vacations so as to meet the operating requirements of the Department. Approval of vacation leave requests must not be unreasonably withheld. 28.3 Employees shall be allowed to take their birthday off and the hours shall be charged as vacation hours in accordance with the rules and provisions regarding the use of vacation time. 28. 4 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1- September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that (October I - September 30) period will be forfeited as of September 30. However, employees who have been denied vacation shall have the excess vacation hours paid to them, at their regular straight time rate of pay in the last pay check of the fiscal year. +@ T A City of Boynton Beach ~ T A SEIU Florida Public Services Union CTW, CLC 54 SEIU Florida Puh~c 5ernces Un;"" Blue ColI..- agreement 2950f735 e e e 28.5 Vacation requests of three (3) shifts or less must be requested and approved or denied prior to the end of the work shift the work day preceding the time requested off. Vacation requests of four (4) shifts or more must be requested and approved or denied forty-eight (48) hours prior to the time requested off. AdvWlced vacation requests must be approved or denied within thirty (30) days of the date of the request. 28.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency vacation leave on an annual basis. Employees shall make such a request in accordance with the applicable, published Departmental call-in procedure with the Supervisor within thirty (30) minutes of the start of the work shift. 28.7 An employee who takes leave without a timely request or without approval shall be docked pay for the time not worked and is subject to additional disciplinary action. 28.8 Emergency Cash-In of Vacation and/or Sick Leave Time 28.8.1 Employees faced with sudden extraordinary circumstances of hardship who have in excess of 40 hours of accrued vacation are eligible to request emergency cash in of vacation. If approved, an employee may convert up to 80 hours to cash (less applicable taxes) provided they have 40 hours remaining in their vacation accrual account after the cash-in. Conversions must be done in increments of eight (8) hours. 28.8.2 Employees who do not have enough vacation time to use for the total amount of emergency cash may consider including sick leave hours. Sick leave hours that are cashed-in will be calculated at 50% of the employee's hourly rate. The total of vacation and sick leave hours may not exceed 80 hours and vacation' hours must always be used before sick hours. Payment for sick leave hours may only be granted if the employee has the amount of sick leave credited to hislher sick leave account and the employee retains a minimum of eighty (80) sick hours on the books. 28.8.3 A request must be made in writing outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each year. At the discretion of the City Manager, the time limit rule may be waived ifthere are exigent circwnstances. ~ T A City of Boynton Beach ~ T A SEfU Florida Public Services Union CTW, CLC 55 SElU Florida Pubh~ ServjceJ tJnion Blue Collar agreement 2960f735 e e e 28.8.4 Denial of sick leave pay will be made in writing stating the reasons for the denial. Employees may take advantage of this provision once during each year of this Agreement Up to twenty-four (24) hours of an employee's annual vacation accrual may be granted for absences from work when a vacation request cannot be made according to Article 28.5. Employees must notifY their supervisor of the need for this absence within one half (Y2) hour of their normal shift start time or, if at work and the employee is notified of an emergency, he/she may use emergency vacation no more than four (4) times per fiscal year. Time used in this regard may be used in increments of one (I) hour. TAc;ty~'B_ () VrvJ T A SEIU Florida Public Services Union CTW, CLC 56 SEIG Florida Public SeMtc5 Union Blue Collar agreement 2970f735 e e e ARTICLE 29 29.0 BONUS HOURS AND BONUS INCREASES 29.1 BONUS HOURS: 29.1.1 The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. 29.1.2 AU full time City employees covered by this policy are eligible to receive eight (8) bonus hours for continuous attendance at work every four (4) months (January through April, May through August and September through December) when the employee has not used sick time during the previous four (4) months nor has been absent from work or on leave other than those paid leave categories recognized in this document. . 29.1.3 Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation. 29.2 BONUS INCREASES: 29.2.1 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus is justified by the Department Head/Designee, in writing, on the prescribed forms. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to receive bonuses. This system allows for top performance to be recognized by the immediate supervisor and prompt rewards to be made at the discretion of the supervisor, provided the Department Head concurs. This top performance must be substantiated by the supervisor and the Department Head/Designee using the prescribed forms furnished by the City Manager. ~ T A City of Boynton Beach ~ T A SEIU Florida Public Services Union CTW, CLC 57 SEfU Florida Publif; S~c:eli Union Blue CoJlar ,IgrcemeDt 298 of 735 e - e ARTICLE 30 30.0 HOLIDAYS 30.1 The following holidays shall be observed for employees in the bargaining unit: New Year's Day Martin Luther King, Jr. Day President's. Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day 30.2 For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay. . When a City observed holiday falls on an employee's scheduled work day the employee will receive eight (8) hours of holiday pay at straight time. . When an observed holiday falls on an employees non~scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. . Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. 30.3 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. .WP T A City of Boynton Beach V\~ T A SEIU Florida Public Services Union CTW, CLC 58 SEIU Florida Public SoMC" Urnon Blue Collar lW.".,.nt 2990f735 e ARTICLE3! 31.0 COMPASSIONATE LEAVE e e 31.1 In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed twenty-four (24) consecutive hours. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, the employee shall be entitled to paid compassionate leave not to exceed forty (40) consecutive hours. . Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. ~ TA City of Boyntcn Beach ~ T A SElU Florida Public Services Union CTW, CLC SElU Florida Public Sen.-ic:es Union Blue Collar agreement 300 of 735 59 e e e- ARTICLE 32 32.0 MILITARY LEAVE 32.1 Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled pursUWlt to Florida Statute I 15.07-to seventeen (17) calendar days with pay each year in order that these employees may fulfill their military obligations. 32.2 Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. 32.3 The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Current U.S.S.E.R.A. regulations will be followed regarding employee benefits. 32.4 Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility 32.5 Employees on active Military Duty are required to provide the City with their military orders for the duration of their assignment. }l) TA City of Boynton Beach ()~ T A SEIU Florida Public Services Union CTW. CLC 60 SEn: Florida Public ScniClCB Uoion Blue Collar "sreem~t 3010f735 e e e' ARTICLE 33 33.0 LEAVE OF ABSENCE 33.1 A regular employee may be granted leave of absence without pay for a period not to exceed six (6) months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of 30 calendar days must be approved by the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. 33.2 Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding 30 days. TAc"'~B_ ~Lumoo CTW, CLC 61 SEIU Florida Publi~ Services Unioo Blue CoUar agreement 3020f735 e e e ARTICLE 34 34.0 UNAUTHORIZED ABSENCE 34.1 A bargaining Unit Member who is absent from work without authorized leave for a period of more than three (3) days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation oftms type shall not be considered a disciplinary separation. 34.2 However, a bargaining Unit Member who is absent from work without authorized leave for a period of not less than three (3) days or more than thirty (30) days, but who was physically unable to notify ms/her employer or have another person notify hislher employer, shall not be deemed to have abandoned his or her job and shall not be separated from employment with the City. Under these circumstances, the director of Human Resources must be provided with details of the absence and he or she must determine if just cause exists. TAc;~~",~h ~) T A SEIU Florida Puhlic Services Union CTW, CLC 62 SElU Florida PIIblic So""",! Union Blue Coil", agreemcPl 3030f735 e - tit ARTICLE 35 35.0 JURY DUTY 35.1 Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. All pay granted under this section must be approved by the Department Director. In order for the employee to receive hislher regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those hours that coincide with hislher regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. W TA City of Boynton Beach ~J T A SEIU Florida Public Services Union CTW, CLC 63 SEIU f10rida Public Scrvic:.. Union Ell.e Coll..- ogre...." 3040f735 :A, ..., e - ARTICLE 36 36.0 SENIORITY, LAYOFF & RECALL 36.1 For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced work force and agree that an employee's seniority shall be considered, along with the needs of the City, when affecting decisions on vacations, promotions and shifts. 36.2 Employees shall lose their seniority for the following reasonS: a. b. c. d. Termination Retirement Resignation Layoff exceeding the period of recall Unexcused absences for twenty-four (24) or more work hours Failure to report to the Human Resources Office intention of returning to work within five (5) days of receipt of recall as verified by certified mail Failure to report from military leave within the time prescribed e. f. g. 36.3 The City Manager may layoff any union employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position, consolidation of departments or divisions, privatization, reclassification, or reorganization; however, no regular employee shall be laid off while there are temporary or probationary employees serving in the same position for which the union employee is qualified, in the judgment of the Department Head in consultation with the Human Resources Director. a. Employees will be given two (2) weeks of severance pay when laid off from the City. b. Whenever the layoff of one or more employees becomes necessary, the City Manager shall notify the Union at least two (2) weeks in advance of the intended action and the reason therefore. c. Whenever the layoff of one or more employees becomes necessary, the City Manager shall notify the Human Resources Director at least ten (10) days in advance of the intended action and the reason therefore. d. The Human Resources Director shall furnish the City Manager with the names of the employees to be laid off in the 0 er' which suc layoffs shall occur. 64 SEru Florida PWHie Services Union Blue Collar agr~efnent 305 of 735 e e e In order to minimize the disruption of the operations of the City, the order of layoffs shall be in reverse order of total continuous time served in the same classification and within the same departnient, except in the case of the elimination of a department or division, in which case only the employees in the department or division being eliminated will be laid off. e. Temporary and pro~ationary employees shall be laid off, in that order prior to layoff of Union employees. -ll3 TA City of Boynton Beach 65 SEW Florida Public Services Union Blue Collar og<eomem 3060f735 e e e ARTICLE 37 37.0 RECRUITMENT AND SELECTION 37.1 Recruitment and Selection process and procedures will follow those described in the Personnel Policy Manual (pPM) of the City of Boynton Beach. ~ T A City of Boynton Beach TA ~~dce.u,;o, CTW, CLC 66 SEIU Florida Public ~. Uni"" Blue Collar_ 307 of 735 e e e ARTICLE 38 38.0 SAFETY AND HEALTH 38.1 Those employees of the Beach Patrol who are assigned lifeguard duties will be provided masks or goggles, sunscreen lotion, bathing suits, Wld winter jackets for safety purposes. In addition Beach Patrol employees shall receive a wage allowance of $120.00 per fiscal year, by December 1st of each year, for the purchase of specialty sunglasses or prescription safety eye wear. 38.2 Mechanics will be provided two (2) sets of overalls per year for safety purposes. The City shall make available immunization shots for tetanus, hepatitis and diphtheria for all members of the bargaining unit on a voluntary basis. Employees who are in positions designated by the Safety Committee will receive safety shoes/boots annually, as personal protective equipment, provided by the City designated vendor. Those shoes/boots shall only be worn for official City business. The union shall participate on the Safety Committee. The City/Safety Committee will be responsible for deciding which positions require the wearing of safety shoes based on OSHA standards and recommendations. The City/ Safety Committee shall determine the type and quality of such shoes and shall select those safety shoeslboots which will be provided and required to be worn. In those cases where an individual employee is unable to be fitted properly, as determined by the authorized vendor, the employee may purchase the safety shoes/boots, which meet the City/Safety Committee's approved type and quality, from a different vendor. The employee may seek reimbursement of the cost of the shoeslboots from the City, not to exceed $115.00 excluding taxes. Such reimbursement shall occur after approval of the shoes/boots by the Risk Management Department, based upon the City/Safety Committee's approved type and quality. Employees who fail to wear proper shoeslboots to work are subject to disciplinary action. 38.3 Any instance where the authorized safety shoes/boots do not last the full year will be brought to the attention of the employee's supervisor and the Risk Management Department. In such an instance, the shoeslboots will be returned to the City. The City will have the shoeslboots replaced by the designated vendor or an additional set of shoes/boots will be purchased by the City from the designated dor for the employee. 0 ~ '"' I T A City 0 Boynton Beach TA ~a Pu~c ~ices Union 67 CTW, CLC SEru Florida Public Sef\'ioe. UniD1l Blue C<>lIar agr_ 3080f735 e 38.4 The Incident Review Board shall include one representative appointed by the Union. 38.5 Commercial Drivers' License (CDL License) Physicals In accordance with the Federal Motor Carrier Safety Regulations (FMCSR) employees in position classifications which require a CDL license, Wld employees who may hold a CDL license and from time to time perform CDL job functions for the City due to special circumstances, must be medically examined according to regulations and be certified with a valid medical certificate, in accordance with the FMCSR regulations, as physically qualified to operate a commercial motor vehicle. The cost for the regular physical examination required to maintain a CDL license will be borne by the City. Any additional expense related to maintaining the license will be borne by the employee. e e TA C"' ,~, B.",h ~ T A SEIU Florida Public Services Union CTW,CLC 68 SEIU Florida Public SeMccs Union Blue CoDar ll8ftement 3090f735 e ARTICLE 39 e e 39.0 TOOL REPLACEMENT 39.1 Except in the case of negligence or misuse as determined by the Incident Review Board, all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head. 39.2 Employees who are assigned City provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from an assigned City owned vehicle or City property shall be replaced by the City, if the employee was not negligent in the loss. In the event that the employee was negligent, as determined by the Incident Review Board, the employee shall be responsible for the replacement of the lost or stolen tools. 39.3 Fleet Mechanics shall receive an allowance of $500.00 annually to purchase new tools that are required for the employee to complete his assigned task. The City shall continue to purchase all required specialty tools and replace lost, stolen, or broken tools at fair market value. For all other employees, the City shall provide all necessary tools to those bargaining unit employees required to utilize tools in their service to the City. 39.4 Payments provided for replacement items under this contract are provided as a reimbursement and not as a flat payment. 39.5 New hires who are eligible for a tool allowance shall receive a prorated amount of the annual allowance based on the number of months remaining in the fiscal year. TAc;ly~ B<a<h T~~""U'io' CTW, CLC 69 SEIU F1Drida Public Services Union BJlIe Collar agreemeDt 3100f735 e e e ARTICLE 40 40.0 UNIFORMS 40.1 The City will issue a newly-hired employee the following properly fitted standard industrial quality uniforms thirty (30) days after starting work: 5 Green short-sleeve or long-sleeve work shirts 5 Green work pants 5 Tee shirts 1 Jacket (Bi-annually) 2 Hats (1 hat exchanged, as needed) 5 White polo shirts (Bus Drivers) 1 Sweatshirt 40.2 Animal Control Officers and Lifeguards shall be issued uniforms in accordance with the Department Policy. Employees have been furnished a uniform and must wear their uniform to work. Bargaining unit members are being given a sufficient number of uniforms to make a neat, clean appearance at work every day. Bargaining unit members will not be allowed to start work each day unless they are in full uniform. Employees must purchase additional uniforms if necessary to comply with this Section unless the uniform is replaced pursuant to Section 6 of this Article. Only City issued hats and jackets may be worn while on duty, inclusive of breaks. 40.3 Bargaining unit members agree to maintain the uniforms and to hem the pant leges) properly (There will be no cutting or ripping of raw, unfinished edges, rolling up, stapling or scotch taping). 40.4 Employees in certain classifications may be permitted to wear shorts at their supervisor's discretion. When worn, shorts must be neatly tailored and hemmed without frayed edges or cuts, and must fall within four (4") inches of the kneecap. During the term of this Agreement and thereafter, the City Manager in hislher sole discretion may change the decision made under this Section and the Union agrees to waive any bargaining over such changes. 40.5 Bargaining unit members will be entitled to a re-issue of properly fitted standard indUstrial quality uniforms. Re-issue of uniforms on an annual basis consists of five (5) work pants, five (5) shirts, with an option of five (5) T-shirts, for a total of ten (10) shirts and one (I) sweatshirt annually. (The option of which style of shirt is determined by the employee's needs). T A City ~tan """"' a~ T A SEIU Florida Public Services Union CTW, CLC 70 SElU Florida Public Serv11;C5 Union Blue Collar agreement 3110f735 e e e 40.6 Uniforms destroyed or damaged while being worn on the job will be replaced provided a memo is submitted from the employee to the supervisor outlining the cause of the damage. All issues being replaced must be turned in for the new issue and recorded. 40.7 City uniforms are for City job use only. Uniforms shall not to be worn on outside jobs, be given to non-city employees, or worn while off duty (break periods excepted), except while the employee is actually traveling to and from work. Uniforms may be worn while traveling to and from work, provided the employee does not stop in transit to engage in personal business or activities. Bargaining unit employees shall not purchase or consume alcoholic bevemges while wearing their uniform. 40.8 The City reserves the right to utilize a uniform service for the provision of uniform apparel. 40.9 When the employee has a medical condition, as identified by the employee's physician and verified by a City appointed doctor, which prevents the employee from wearing the standard department uniform, the employee may wear a City approved alternate uniform. If the medical condition is for an extended period of time, an updated doctor's note shall be resubmitted every two (2) years. 40.10 Failure to wear the proper uniform will result in the appropriate disciplinary action in accordance with Article 12. An employee who comes to work in non- approved apparel will be sent home for the balance of the day and hislher pay will be docked accordingly unless apparel is unavailable. $ TA City of Boynton Beach ~ 71 T A SEIU Florida Public Services Union CTW, CLC SEJU Florida PUblic Sc:rw:.. Union Blue CoUar lIll'mnent 3120f735 e e e 41.0 ARTICLE 41 INSURANCE 41.1. Medical, Vision and Dental Insurance The City shall pay the total medical, vision and dental insurance premium for all bargaining unit members. The members will pay the full cost of medical, vision and all but $7.00 of the dental insurance premium for their dependents. Existing coverage levels and benefits shall remain in effect until at least September 30, 2008. In the event the City changes benefits options for employees after September 30, 2008, then the health insurance coverage for the employee and their dependants may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of bargaining. The review and selection of insurance covemge shall be made on an annual basis by the City. To that end, the City will form an insurance advisory committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city'S bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of insurers is reserved to the City, but the City shall strongly consider input and recommendations from the insurance advisory committee. TA c;1y oi~ B<a<h ~ T A SEIU Florida Public Services Union CTW. CLC 72 SHIU Florida Publi. 5om... UnIon 81ue Collar awc_l 313 of735 e e e ARTICLE 42 42.0 PERSONNEL FILES 42.1 The personnel files for all City employees are maintained by the City's Human Resources Department. If a request is made to review an employee's personnel file by someone other than the Department Director, the Human Resources Department Staff or the City Manager's office, a notice will be sent to the employee notifying himlher of such a request. Consistent with State law. the City agrees that upon request, a member shall have the right to inspect hislher own personnel records and shall have the right to make duplicate copies of hislher records at no expense. The City wiJl purge personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. TA Clly ,~._h ~ 73 T A SEIU Florida Public Services Union CTW, CLC SE1U Fiorillo Pub/;< Senn<e. Urn"" Blue Coil... agreernetU 3140f735 -- e e ARTICLE 43 43.0 TUITION ASSISTANCE PROGRAM The Tuition Assistance Program as described in the Administrative Policy Manual (APM) will be followed. Refer to 04.01.03, Organization and Strategic Development Policies tuition Assistance Program in the APM for specifics. T A c"" Jd;{;oo ""'" ~ TA SEIU Florida Public Services Union CTW, CLC 74 SEIU Florida Public Services Unlon OhM:! CoJlar agrwrrll:nt 3150f735 e e e 44.0 44.1 ARTICLE 44 GENERAL PROVISIONS The employee shall be allowed to place written responses in their personnel file and/or departmental work file when those responses relate to material placed into the personnel file which has been prepared by the supervisors (i.e. reprimands, written comments). TAcUY~"'_ (A~ T A SETu Florida Public Services Union CTW, CLC 75 SF.lU Florida PuNic SoMec. UnicII Blue Colla.- osre_ 3160f735 e e e ARTICLE 4S 45.0 DUES DEDUCTION 45.1 Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying the Union dues and/or a uniform COPE deduction. Employees shall receive copies of the form from either the City Finance Department or their Union office. 45.2 The Union win initially notify the City as to the amount of dues and/or COPE deduction. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues or COPE deductions will be similarly certified to the City and shall be done at least one (1) month in advance ofthe effective date of such change. To revoke the payment of Union dues and/or COPE deductions, the employee shall go to the Union office and Union staff shall prepare and mail notice of sueh change to the City's Finance Department. 45.3 Dues and COPE deductions shall be deducted each pay period and remitted monthly and the funds shall be remitte4 along with a list of employees contributing to the Treasurer of the Union within fifteen (IS) days after the end of the month. The check for COPE deductions will be submitted to the Union separately from the check for dues on a quarterly basis. The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues and/or COPE deductions. 45.4 For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization reading as follows: TA C"' o~ Bam /2i~;'5U"'''' CTW, CLC 76 SEIU Florida Public Services Union Blue Collar agreeme'" 3170f735 e e e NOTICE TO CITY AND UNION AUTHORIZA nON FOR DEDUCTIONIDISCONTINUA TION OF UNION DUES I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of the Union. I herby authorize my employer to deduct from my salary each pay period my COPE deduction of $2.00 per week, as certified to the employer by the Union, and to transmit this amount to the Treasurer of the Union. I understWld that these authorizations are voluntary and I may revoke them at any time by giving my employer and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed ~ T A City of Boynton Beach 77 SEIU Florida Public SeJvico, Union Blue Collar agreement 3180f735 e e e ARTICLE 46 46.0 PENSION 46.1 Employees will continue to participate in the employees' pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. $ TA City of Boynton Beach T^~"i'" CTW, CLC 78 SEIU florid. Public Servi<c. Un;on Blue Collar agreemclll 3190f735 e e e ARTICLE 47 47.0 SUBSTANCE ABUSE 47.1 The Union recognizes and supports the City's Drug Free Workplace Policy in the current City Ordinance and will work with the City to enforce the provisions of the policy. It is recognized by the Union that the City's Drug Free Workplace Policy applies to all members of this bargaining unit. ~0 T A City of Boynton Beach 79 SEW Florida Public S<IVices Un;"" Blue Collar _1JUi3U. i_< 3200f735 e e e ARTICLE 48 48.0 PROBATIONARY PERIOD 48.1 An newly hired or rehired employees shall be subject to a probationary period of one (1) year. 48.2 All promoted employees shall be subject to a probationary period of six (6) months. M> TA City of Boynton Beach -~ TA SEIU Florida Public Services Union CTW, CLC 80 SEW Florida Public Semces Union Blue Collar _ment 321 of735 e e e ARTICLE 49 49.0 LONGEVITY BENEFIT 49.1 Employees eligible are those employees who: 49.2 49.3 49.4 49.5 a. Have been employed with the City on a regular full-time, continuous basis for a minimum of five (5) years. b. Have an overall "Meets Standards" or above rating on the previous employee evaluation Employees will receive a cash Lump Sum Bonus as follows: . On the employee's fifth (5th) anniversary, a lump sum bonus payment of $500.00; . On the employee's tenth (J 0111) anniversary, a lump sum bonus payment of$IOOO.OO; . On the employee's fifteenth (15th) anniversary, a lump sum bonus payment of $1,500.00; . On the employee's twentieth (20th) anniversary, a lump sum bonus payment of $2,000.00; . On the employee's twenty-fifth (25th) anniversary, a lump sum bonus payment of $2,500.00; . On the employee's thirtieth (30th) anniversary, a lump sum bonus payment of $3.000.00. . On the employee's thirty-fifth (35th) anniversary, a lump sum bonus payment of$3,500.00. . On the employee's fortieth (40th) anniversary, a lump sum bonus payment of$4,000.00. Any pay earned for Longevity Benefits is subject to required Federal deductions. Employees who terminate from the City employment prior to their hire anniversary date will not be entitled to benefits. The foregoing benefit addressed in this article is suspended for FY 09/10. ~"B"" J/.,&:!::J:d" Urn", CTW, CLC 81 SElC Florida ""bli< Servicos Unioll Bluo Collar agRement 3220f735 e e e ARTICLE 50 so.o SAVINGS CLAUSE 50.1 If any Article or section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. TA City oJ12. B=h 82 SElU flotidli Pwbtic Service. UoiOD Blue Collar _menl 3230f735 e ie 'e ARTICLE 51 51.0 MODIFICATION OF CONDITIONS 51.1 Changes to City or Departmental rules and regulations may be made by the City following thirty (30) days written notification to the Union. When pre- implementation or impact bargaining is requested by the Union, the implementation date of the change shall be delayed an additional thirty (30) days. 51.2 There are no non-salary (wages or allowance) monetary benefits, including those established by past practice, except those expressly set forth or incorporated by reference in this Agreement. t\~ T A SEIU Florida Public Services Union CTW,CLC 83 SEJU Florida Public Semcc. U..oo Blue CoIl.. asrccmcnt 3240f735 e e e ARTICLE 52 52.0 POSTING OF AGREEMENT 52.1 The City will maintain a copy of this Agreement for inspection in the Human Resource Department, the City Clerk's Office and every Department/Division with blue collar workers. 52.2 The City will post a copy of this Agreement, as ratified, on the City's web page. fA Chy ~..._h af1uJ TA SEIU Florida Public Services Union CTW, CLC 84 SEIU FIQrid. Public Servi<Co Union Bluc Collar 8lJteomenl 3250f735 e e e ARTICLE 53 53.0 COLLATERAL DOCUMENTS 53.1 This collective bargaining Agreement does not exist in a void. Provisions of the City's PPM, APM, Departmental Rules, and other policies established by resolution or ordinance (collectively referred to as collateral documents) are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of this Agreement, in which case the terms of this Agreement shall contr~l. 53.2 Nothing herein shall he interpreted to preclude the right of the Union to impact bargain, subject to applicable law. fA C>y OfB~B"'" ~ T A SEIU Florida Public Services Union CTW, CLC 85 SEll: Florida Public Servi.... Uni"" Blue Caoar Illtccmcnt 3260f735 ;e .- .'4t ARTICLE 54 54.0 DURATION 54.1 This Agreement and all monetary benefit adjustments provided herein shall be effective on October I, 2009 and remain in full force and effect until September 30,2010. Wage and benefit levels existing on September 30, 2010, shall be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor Agreement. 54.2 In the event of State Legislative enactment which will alter or affect the flow of revenue to the City during the tenn of this Agreement, or a budget proposal which would result in the elimination of bargaining unit positions, 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 Union of the 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 days (45). The City and the Union waive the appointment of a special magistrate to resolve the impasse and agree that the City Commission shall have final authority to resolve the impasse Issues. During the negotiations and the impasse process, if 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 Union, or, in the event the reopened negotiations do not result in a ratified Agreement, as imposed by the City Commission through the impasse process. 54.3 A notice of intent to reopen shall be made in writing. The parties will promptly engage in bargaining the reopened article. TACity.f~_ f~"~U"i<m CTW, CLC SEIU l'Iorida Publi. SeMccS Union Blue Collar .gnoem..t 3270f735 86 e e e Agreed to this day of , 2010 by and between the respective parties through the authorized representatives ofthe Union and the City. SEJU Florida Public Services Union, CTW, CL Confinned by: Alphonso Mayfield, President SEIU Florida Public Services Union, CTW, CLC Attest: Janet Prainito, City Clerk Ratified by the Union on the day of ,2010 The City of Boynton Beach FL Kurt Bressner City of Boynton Beach Approved by the City of Bo)'nton Beach on the day of ,2010 City: The City and the Union bargaining teams consisted of the following individuals: Union: Kurt Bressner, City Manager James Cherof, City Attorney Lori La V erriere, Assistant City Manager Sharyn Goebelt, Dir., Human Resources Marylee Coyle, Assistant Oir. Human Resources Michael Low, Deputy Dir. Utilities Tim Howard, Assistant Dir. Financial Services Carl Booth, Chief Negotiator Michael Osborn, Chief Steward Kalem Mahdi, Union Steward Jeffrey Mark, Union Steward Donald Roberts, Union Steward T A Ci<y ~ .""'" tUN T A SEIU Florida Public Services Union CTW, CLC SEll; Florid. Public service. U,,;on BI... Collar agreement 328 of 735 87 6. H CONSENT AGENDA April 6, 2010 j;0..~ I[ fr. '. I ''\ Z CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMIN ISTRA TIVE 0 NEW BUSINESS AGENDA ITEM [gI CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-042 - Approve Addendum #1 to Lease Agreement between the City of Boynton Beach and the Boynton Beach Child Care Center, Inc. EXPLANATION OF REQUEST: Currently, the City leases property located at 909 NE 3rd Street to the Boynton Beach Child Care Center, Inc. The Boynton Beach Child Care Center, Inc. (BBCCC, Inc.) holds a Sublease Agreement with Palm Beach County to operate a Head Start Program from this facility. Ms. Lena Rahming is the President of BBCCC, Inc. The operation of the Center has been in existence for over forty years. Our original Lease Agreement dates back to 1970 when the Center operated as a non.profit corporation. The BBCCC, tnc. entered into contract with Palm Beach County in 1990 to operate a Head Start Program from this facility. The current term of the County's sublease will expire OR-May 31, 2010. The County is desirous of continuing to operate at this facility and will be extending the term of its sublease for five (5) years with one extension option for an additional five (5) years. In order for the County to proceed with the amendments to the Sublease, the City's Lease Agreement must first be amended to a term equal to, or in excess of the proposed Sublease Agreement. Our Lease Agreement expires October 31, 2010. Additionally, the County must obtain the City's acknowledgment and approval of the proposed Amendment to the Sublease (because we are the landlord). The attached Addendum #1 to Lease Agreement between the City and the BBCCC, Inc. provide for terms equal to the County's sublease and approves the proposed amendments to the Sublease. 3290f735 Our Lease Agreement with BBCCC, Inc. will now expire May 31, 2015 and has the option of one (1) five (5) year renewal (same as County's sublease terms) ending in May 31, 2020. With these amendments, both the City's Lease and the County's Sublease will have the same terms and renewal clauses. This is beneficial for administrative tracking purposes. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Addendum #1 extends the City's Lease Agreement with the Center to 2015 with one (1) five (5) year renewal option expiring May 31,2020. City staff is desirous of continuing and extending this lease agreement with the Boynton Beach Child Care Center, Inc. so they may continue to operate the PBC Head Start Program from this facility. FISCAL IMPACT: The Boynton Beach Child Care Center, Inc. pays $1.00 annual base rent to the City. Additionally, the current lease agreement between the City and the Center requires the City to maintain the following items: 1. Fencing on the premises 2. Playground Equipment 3. Parking Lot (including lighting and signage) 4. Landscaping and irrigation system 5. Potable water and sanitary sewer systems 6. Telephone and cable wiring to the building 7. Hurricane Shutters Annual Cost Estimate for above responsibilities: Approx. $5,000 to $10,000 per year, inclusive of staff costs and dependent upon type of maintenance work being performed. Staff does not anticipate any major capital expenses in the near future (3-5 years). The playground equipment is relatively new, landscaping maintenance is routine and the parking lot will not require anything more than a seal coating in the next few years. Additionally, as a matter of information for the Commission, the City has historically budgeted and contributed $22,500 annually to the Boynton Beach Child Care Center. The contribution is funded in the City Hall Budget annually. ALTERNATIVES: Not approve Addendum #1; modify lease terms, sever lease agreement. Attachments: 1970 Lease between the City and Boynton Bch. Child Care Center, Inc. 1990 Lease between the City and Boynton Bch. Child Care Center, Inc. 2006 Lease between the City and Boynton Bch. Child Care Center, Inc. 2010 Addendum #1 to Lease Agreement with Boynton Bch. Child Care Center, Inc. 3300f735 RESOLUTION NO. R 10-042 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM NO.1 TO LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH CHILD CARE CENTER, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently leases property located at 909 NE 3rd Street to the Boynton Beach Child Care Center, Inc., which lease expires on October 1,2010; and WHEREAS, the Boynton Beach Child Care Center, Inc., holds a Sublease Agreement with Palm beach County which will expire on May 31, 2010; and WHEREAS, in order for the County to proceed with the amendments to the Sublease, the City's Lease Agreement must first be amended to a term equal to or in excess of the proposed Sublease Agreement; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute Addendum No. 1 to Lease Agreement Between the City of Boynton Beach and the Boynton Beach Child Care Center, Inc., to operate a community service center with the primary activity being child care and child care related activities located at 909 Northeast 3rd Street, Boynton Beach, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the execution of Addendum #1 to the Lease Agreement between the City of Boynton beach and the Boynton Beach Child Care Center, Inc., to operate a community service center with the primary activity being child care and child care related activities located at 909 Northeast 3rd Street, Boynton Beach, Florida, a copy of which is attached hereto as Exhibit'"' A". 331 of735 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of March, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 3320f735 ADDENDUM NO.1 TO LEASE AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH CHILD CARE CENTER., INC. THIS ADDENDUM, dated this _ day of March, 2010 is entered into between the CITY OF BOYNTON BEACH, hereinafter referred to as "LESSOR", and BOYNTON BEACH CHILD CARE CENTER, INC., hereinafter referred to as "LESSEE". The LESSOR and the LESSEE, in consideration of the mutual covenants contained in the Lease Agreement and the terms of this Addendum agree that the Lease Agreement between the LESSOR and LESSEE dated February 7, 2006 is amended as follows: 1. The name of the Lessee in the introductory section of the Lease is amended as follow: BOYNTON BEACH CHILD CARE CENTER, INC., whose address is, 909 NE 3rd Street, Boynton Beach, FL 33425, hereinafter referred to as "LESSEE". 2. Article I, name of Lessee is amended as follows: LESSEE Name: Boynton Beach Child Care Center, Inc. 3. Article III, B is amended as follows: B. LEASE TERM AND RENEWALS: The initial term shall commence October 1, 2005 and shall end May 31,2015. LESSEE shall have one (1) five (5) year option to renew the Lease. LESSEE must provide written notice to LESSOR, no less than sixty (60) days prior to the expiration of the current term, of its intent to exercise its option to renew by providing If Lessee timely elects to exercise the option to extend the Term of the Lease, the option term shall commence upon expiration ofthe then current term on May 31, 2015, and expire May 31,2020. 4. All other terms of the Lease dated February 7,2006 shall remain in full force and effect. 5. LESSOR acknowledges and contemporaneously with the execution of this Addendum approves the Sublease between LESSEE (BBCCC) and Palm Beach County. 333 of 735 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. LESSOR: CITY OF BOYNTON BEACH BY: JERRY TAYLOR, MAYOR ATTEST BY: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: BY: CITY ATTORNEY LESSEE: BOYNTON BEACH CHILD CARE CENTER, INC. By: LENA RAHMING, DIRECTOR WITNESSES: Print Name: Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) the act and deed of that corporation. 3340f735 IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2010. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) 335 of 735 "i.' -~ ,~ ", '.' ;....: 'q'.~r, "'\~'';...?N"'' . ,;w<",,~ ,~,,~' <. """.;~t'"' ~, .'~.. ,.~.."" -..".;{\-"~"'''''' ~. ~ ~~~;.' ,..;,;....i i:~~~~,..~~;.~~~- 'Q).~~.~~_ . ...~.,.....~ (l..)' . '.'k1, ~ \ - ~{'1::!':;c' -'Y"~$ ~ co;:'. \- ::.~, .. -:~~,:. ' " ::~:.::' . 'y.., :",' :." . _ ,,- ." .' '. ~'. '" ~ . ,.: i;;i ~..:; <~ - ~~j ~li ~ ~ ;~l. ~ 8 .~ ,..:..,. - ;:-?: , ~ z t;. _ ~--'"7 :; :I ;1 II :# 3 -j) ~A~g The City of Boynton Beach. Florida, a Municipal Corporation 'located in Palm Beach COllllty, Florida, the lessor, and Boynton Beach :' Child Care Center, Inc.,' a Florida non-profit corporation, the lessee, : each in consideration of the agreements to be performed by the other, :'hereby Oil this 1st day of February A. D., 1970, agree: i. :1 1. Property and Term: The lessor hereby leases to the lessee Ii ;1 the real property located in the City of Boynton Beach, Palm Beach County, Ii I:Fl 'd d 'b d 'I' orl a, escrJ. e as: I, I! of the City of Boynton Beach, Florida, according to the plat thereof on fUe 1\ Ii in the Office of the Clerk of the Circuit Court in and for Palm Beach County. !I Florida, in Plat Book 2, page 96, for a term of twenty years beginning at ii H 12:01 A. M. on the 1st day of February, A. D. 1970, and ending at 12:00 !I ];Midnight on the 31st day of January, A. D. 1990. I' I! Ii beased during toe term, the total amount of twenty ($20.) Dollars, paying that I' I: I:amount upon the execution of this agreement, the receipt of which is hereby i\ I: . i!aCknOwledged by the lessor. " " " Lots 142, 143, 144, Arden Park, a. subdivisioll 2. The lessee will pay to the lessor as rent for the property ~; 3. The lessee will use the leased property only for the Use: II i\conduct and operation of a child care center, thereon to furnish and provide !\educational and vocational trai:iin.g for minor children in the Boynton Beach :, !larea, and will make no unlawful, improper or offensive use of the leased ,I I'property. It shall be the further purpose and object of this corporation to ;ruruish such other and varied charitable and eleemosynary functions as the " '" .,. " ... , Board of Directors may from time to time deem proper to undertake. 4. Assi~ent or Sublease; No assignment of this lease or subleasing of any part of the leased property by the lessee or any assignee or sublessee shall be valid without the written consent of the lessor. 5. Imposition of Liens: It is understood and agrcen by the parties that the lessee shall in no way subject subject property to the imposition of any -, ~~ lien, char.ge or ellcumbrance of any nature whatsoever during the term of this lease or any extension thereof without the specific consent and approval of the lessor. ." ":-r:-W "l.~~'r. ~.'\~'" '1" ~~~~~,:oto:~'~'''''';"'''''~''.'''!~,\'.~';~;:' ~",,', II II 11 I I i lessor, be terminated immediately if the lessee shall violate allY of the II provisions of this lease or shall become dissolved either through voluntary . ,lor involuntary proceedings or should effectively Cease operations for the II purpose intended by its formation. II ' I IN WITNESS WHEREOF, the parties hereto have caused these II p~"en," to be executed the day and year lirot ahove written hy their II respective, duly authorized officers and their respective corporate il seals affixed hereto. II ' I WITNESSETH: I C cd I<,_~ ~./., ... ./;...... "- /LLh-)~ 6. Termination of Lease. This lease may, at the option of the /U,h,.~ I -q II . i!..N.; 0.-7_ I I I I / ,I 'I'APPROVED AS TO FORM: I ~QQ7JP~~ ~~..:rr 4rilr Attomy L/ Ii I , ! i I II II II il 'I ~ ! r I ! 1 I I i I I I I :~owr: B:t.'1C~~~1 Mayor ", ":\ 'I , I I , ' I ATTEST: ~~A4/ fid!,~r. i , (City ClerW ! (CORP. SEAL) By: zJ~ Pres' n (Lessee) AT'l'EST: \J~"",<- ~.:.-~~ Secretax:y (CORP. SEAL) 6;-//1311 / ( r.cR K.:-xurF7C,,; /C:;--A,.(.;(. LEASE AGREEMENT TBIS LEASE AGREEMENT, dated as of May 15. 1990 1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA, or its assigns (hereinafter called "Landlord"), and BOYNTON €lEACH CHILD CARE CENTER, INC., (hereinafter called "Tenant"): WIT N E SSE T H: 1. Premises and Term. In consideration of the obligation of Tenant to pay rent as hereinafter provided and in consideration of the other terms, provisions and covenants hereof, Landlord hereby demises and leases to Tenant, and Tenant hereby takes from Landlord, premises located at 909 N.E. 3rd Street, Boynton Beach, palm Beach county, State of Florida, the same being more particularly shown on Exhibit "A" attached hereto, together wi th all rights, privileges, easements and appurtenances belonging or in any way pertaining thereto, and together with any building and other improvements erected (hereinafter called the "Improvements") and, together with the Land, (hereinafter called the "premises"), TO HAVE AND TO HOLD the same for a primary term of five (5) years (hereinafter called the "Primary Term") cOllUnencing upon June 1, 1990, the Commencement Date (as hereinafter defined) and expiring (60) months after the Commencement Date. This Lease shall constitute a binding contract and agreement as of this date, subject to the terms, conditions and provisions hereof. The Commencement Date shall be June 1, 1990. 2. Renewal Options. Landlord hereby grants to Tenant the right and option to extend 'the term of this Lease Agreement for three (3) consecutive renewal terms of five (5) years each. 3. ~. A. Tenant shall pay to Landlord at the rate of ONE AND NO/lOa ($1.00) DOLLAR per year ("Base Rent") during the Primary Term, plus applicable State of Florida sales tax. Page 1 of 8 B. All payments of rent shall be promptly made to Landlord without notice or demand thereof on the first day of June of each year. 4. !lliL Tenant may use the Premises for the operation of a community service center with the primary activity being child care and child care related activites such as food service, family support and such other uses as are incidental to the operation thereof. 5. Utilitv Charqes. Tenant shall pay all charges incurred for the use of utility services at the Premises including, without limitation, gas, electricity, water, sewer and telephone and hookup and meter charges relating thereto. 6. Taxes. Tenants shall be responsible for the payment of all taxes arising from the use of the property. 7. Insurance. T@nant shall insure the property, shall insure against property damage and public liability and shall provide such other insurance in accordance with the schedule of required insurance attached hereto as Exhibit B. B. Repairs and Maintenanc@. Maintenance of the property and structure shall be the mutual responsibility of all present and future parties to this agreement, as it may be amended. Although specific responsibilities shall be assigned by mutual agreement of all parties, it shall be the goal of each to extend maximum cooperation and assistance in the event of emergency and/or extenuating circumstances which may severely strain the resources of either party. A. The City shall be responsible for maintenance and repair of the facility grounds ("property") and infrastructure to include the following: 1. fencing 2. playground equipment 3_ parking lot (including lighting and signage) 4. landscaping and .irrigation systems 5. potable water and sanitary sewer systems \ 6. telephone cabling and distribution systems 7. garbage and trash removal 'B. The Center, with assistance from applicable Palm Beach County departments and other funding entities, shall be responsible for maintenance and repair of the facility building ("structure") to include the following: 1. custodial services 2 exterior and interior surfaces, walls, windows and doors systems 3- exterior and interior electrical and lighting 4. roofing system 5. kitchen equipment 6. fire and security alarm systems Page 2 of 8 I . 7. plumbing (to the property line/cleanout) 8. heating, ventilating and air conditioning (HVAC) and refrigeration systems 9. water heaters 10. exhaust fans 11. pest control services B. Changes to the above responsibilities shall be renegotiable at two (2) year intervals, subject to six (6) months advance notification in writing of one party to all others and contingent upon mutually agreeable terms and conditions. ' 9. Alterations. right to Tenant shall not have the make any interior alterations, additions or improvements to the Premises deemed necessary or appropriate in connection with the requirements of its business, without the prior written consent of Landlord. 10. Equipment, Fixtures and Siqns. Tenant shall have the right to erect, install, maintain and operate on the Premises such equipment, trade and business fixtures, signs and other personal property as Tenant may deem necessary or appropriate, and such shall not be deemed to be part of the Premises, but shall remain the property of Tenant. Any SuCh insta~lations shall not materially injury or deface the Improvements and shall be in accordance with applicable local codes. At any time during the term of this Lease Agreement and within thirty (30) days after termination hereof, Tenant shall have the right to remove its equipment, fixtures, signs and other personal property from the Premises provided that Tenant is not then in default. 11. Damage By Fire or Other Casualty. A. If the Improvements, or any material part thereof, should be destroyed or damaged by fire or other casualty, Tenant shall immediately deliver written notice thereof to Landlord. B. If the Improvements should be totally destroyed by fire or other casualty, or if they should be so damaged that rebuilding or repairs cannot be completed within one hundred twenty (120) days after the date of such damage, page 3 of 8 Tenant, by written notice to Landlord, may terminate th.is Lease Agreement effective as of the date of such damage. C. All insurance proceeds payable under insurance pOlicies maintained by Tenant by reason Of the occurrence of such fire or other casualty shall be paid to Tenant to be applied to th.e cost of repair, unless this Lease Agreement is terminated pursuant hereto, in which case all such insurance proceeds shall be paid to Landlord except for those received by reason of the loss of Tenant's equipment, trade and business fixtures, signs and other personal property. 12. Liability and Indemnification. A. Non-Liability of Landlord. Neither Landlord nor any beneficiary, agent, servant, or employee of Landlord, shall be liable to Tenant for any loss, injury, or damage, to Tenant or to any other person, or to its or their property, irrespective of the cause of such injury, damage or loss. B. Indemnification by Tenant. Tenant shall indemnify and hold Landlord harmless from and against any and all claims from or in connection with: (a) any work or thing whatsoever done, or any condition created (other than by Landlord) in or about the Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Premises; (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, directors, officers, agents, employees or contractors; (e) any accident, injury or damage whatsoever (unless caused by Landlord's negligence) occurring in, at or upon the Premises; and (d) any default by Tenant in the full and prompt payment and performance of Tenant's obligations under this Lease; together with all costs, expenses and liabilities incurred in or in connection with eac~ such claim or action or proceeding brought thereon including, without limitation, all reasonable attorneys' fees and expenses. In case any action or page 4 of 8 proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall resist and defend such action or proceeding (by counsel reasonably satisfactory to Landlord). 13. Assiqnment and Sublettinq. Tenant shall not assign this Lease Agreement or sublet the whole or any part of the Premises without the prior written consent of Landlord, which consent Landlord shall not unreasonably withhold. 14. Default. A. The following events shall be '.Events of Default" under this Lease Agreement: (I) Tenant shall fail to pay any installment of rent become due and shall not cure such default within five (5) days after written notice thereof is given by Landlord to Tenant; (2) Tenant shall fail to comply with any term, proviSion or covenant of this Lease Agreement, other than the payment of rent, and shall not commence to cure and diligently pursue curing such failure within thirty (30) days after written notice thereof is given by Landlord to Tenant (provided that if such default cannot reasonably be cured wi thin thirty (30) days, then Tenant shall have an additional reasonable period of time within which to cure such default) ; (3) Tenant shall be adjudged insolvent, make a transfer in fraud of creditors or make an aSSignment for the benefit of creditors; (4) Tenant shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, or Tenant shall be adjudged bankrupt or insolvent in proceedings filed against Tenant thereunder;_or (5) A receiver or trustee shall be appointed for all or substantially all of the assets of Tenant. (6) Tenant assigns or sublets the Premises without Landlord's consent, exce~t as otherwise permitted herein. (7) Upon the vacation or abandonment of the Premises by Tenant at any time during the Ini tia1 Term, First Renewal or Second Renewal of this Lease Agreement. page 5 of 8 B. Upon the occurrence of any Event of Default, Landlord shall have the option to pursue anyone or more of the following remedies without any notice or demand whatsoever. 15. Right of Inspection. Landlord and its agents and representati ves shall be enti tIed to enter upon and inspect the Premises at any time during normal business hours, provided only that such inspection shall not unreasonably interfere with Tenant's business. 16. Warranty of Title, Quiet Enjoyment, Subordination and Estoppel. Landlord represents and warrants that it is the owner in fee simple of the Land, and that it alone has full right to lease the Premises for the term set out herein. Landlord further represents and ~arrants that Tenant, on paying the rent and performing its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the Term of this Lease Agreement without any hindrance, molestation or ejection by Landlord, its successors or ass.igns. 17. Holdinq Over by Tenant. Should Tenant or any assignee, sublessee or Licensee of Tenant hold-over the Premises o:r: any part thereof after the expiration of the Primary Term or any Renewal Term hereof, unless otherwise ag:r:eed in writing, such hOld-over shall consti tute and be construed as a tenancy from month-to-month in accordance with Chapter 83 of the Florida Statutes, but otherwise upon tl1e same terms and conditions. 18. Notices and Payments. Any notice, document or payment required or permitted to be delivered or remitted hereunder or by law shall be deemed to be delivered or remitted, whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such Page 6 of 8 other address as they shall have theretofore specified by written notice delivered in accordance herewith: LANDLORD: Attention City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 TENANT: 19. Miscellaneous. A. In the event this Lease Agreement is terminated pursuant to a right to do so herein contained, neither party hereto shall thereafter have any further obligation or liability one to the other, and this Lease Agreement shall be of no further force or effect. B. The captions used in this Lease Agreement are for convenience only and shall not be deemed to amplify, modify or limit the provisions hereof. c. Words of any gender used in this Lease Agreement shall be construed to include any other gender, and words in the singular shall include the plur~l and vice versa, unless the context otherwise requires. D. This Lease Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. E. This Lease Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and can be altered, amended or modified only by written instrument executed by all such parties. F. This Agreement shall be construed in accordance with the laws of the State of Florida. G. If Landlord or Tenant brings suit against the other to enforce any term or provision hereunder, the prevailing party shall be entitled to reimbursement from the page 7 of 8 attorney's fees. other party hereto for its court costs and reasonable IN WITNESS WHEREOF, the parties hereto have executed this TENANT: Lease Agreement as of the day and year first above written. . ATTEST: \ ~. BY: L~II. Pr""'A-<k<, r LANDLORD: '.1: .._,1 ..,.... .:. l: /- _," /I! "k__" /~ ...~.-7 . I' ,-'ir.l.<t.. . " Zi , , ,':'.,_.... - ..-.. ~TT T: 1fLtz ~ ;)'1 ~::., Cl.~~ APPRO...'i,C I,:; , 0 FCr;,M~ BY: ~;I/:;i- i~i,~~rU~ :/' page B of B .---- ~,-'L:.~,^-, A' " // 4'~;/;7- 2_____-- ,1j7.? GENE MOORE. MAYOR ( \ EXHIBIT "AU A parcel of land lying in the Plat of ARDEN PARK as recorded in Plat Book 2, Page 96 as recorded in the Public Records of Palm Beach County, Florida. More particularly described as follows: Beginning at the Northeast corner at Lot 144 of said ARDEN PARK plat: thence Westerly along the SOut'.herly right-of way of Northeast Ninth Avenue a distance of 212.38 t"'!oi;.. to a point; thence southerly on an angle to the right from t.ru~ last described course of 880-43 '-19" a distance of 358.36 feet to the centerline of a 10.00 foot alley as abandoned per Official Record Book 5380, Pages 29-32 as recorded 1n the Public Records of Palm Beach County; thence Easterly on an angle to the right from the last described coursed of 910-16 '-26" along the centerline of said abandoned alley a distance of 154.07 feet to the westerly right-of-way of Northeast Third Street; thence Northerly on an angle to the ric;h't from the last described course of 980-00' -00" along the westerly right-of-way of Northeast Third Street a distance of 361.76 feet to the Southerly I:'ight-of-way of Northeast Ninth Avenue and the Point of Beginning. Said lands situate, lying and being in Palm Beach County, Florida. NOT;:; This legal is based on information supplied by the City of Boynton Beach. NOTE: This is a stemwal1 survey. Improvements, other than the building were not located. 3460f735 ( EVt-\- ,-2.i "\ ..... \1 P.::. " Insurance Requirements -Child Care Center Lessee shall procure and maintain for the duration of the contract insurance against claim for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Insurance provisions: A. Workers' Compensation: If the Lessee falls under Florida Workers' Compensation Law, coverage shall be provided for all employees. The coverage shall be statutory limits in compliance with the applicable state and federal laws. The POlicy must include Employer's Liability with a limit of $100,000 each accident. B. Business Liability: OWners, Landlords and Tenants Form: Shall have minimum limits of $300,000 per occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability including Premises and Operations. C. Commercial Property Coverage: Lessee shall carry Commercial Property Coverage - All Risks Coverage for the Building and Personal Property designated by the City. Building coverage shall be $655,000 and Personal property $ D. Deductibles and Self-Insured Retentions: Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its Officers, Employees, or Volunteers; or the Lessee shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses, Special Requirements: A_ The City of Boynton Beach, its Officials, Officers, Employees and Volunteers shall be included as an additional insured on the OWners, Landlord and Tenants Liability Policy. The City of Boynton Beach, its Officials, Officers, Employees and Volunteers Shall be included as a named insured on the Commercial Property Policy. The coverage shall contain no limitations on the scope of protection afforded to the city, its Officers, Officials, Employees or Volunteers. B. An appropriate Hold Harmless Clause shall be signed by the Lessee relieving the City of any and all liability. 3470f735 " Insurance Requirements ~ Child Care Center Page Two C. Current, valid insurance pOlicies meeting the requirements herein identified shall be maintained during the duration of the named project and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. It shall be the responsibility of the Lessee/User to ensure that all Sub-lessees/Users comply with the same insurance requirements that he is required to meet. E. The Lessee/User shall inform his insurer to furnish, directly to the City of Boynton Beach, Certificates of Insurance with original endorsements affecting coverage required within. The Certificates and Endorsements for insurance policies are to be signed by a person authorized by that insurer to bind coverage on its behalf and transmitted to the Department of Risk Management with attached transmittal correspondence displaying insurer's letterhead. Certificates are to be received and approved by the City before activity commences. The City reserves the right to require complete, certified copies of all required insurance policies at any time. F. The Lessee/User's insurance coverage shall be primary insurance as respect to the city, its Officers, Officials, Employees and Volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Lessee/User's insurance and shall not contribute to it. 3480f735 to'- 03'-' LEASE AGREEMENT THIS IS A LEASE AGREEMENT, made this.M day of hl3l'lJ.aoll.1 ' ~ by and between: CITY OF BOYNTON BEACH, a municipal corporation organized and operating pursuant to the Jaws of the State of Florida, with a business address of 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 hereinafter referred to as "LESSOR"; and CHILD CARE CENTER, INC.., whose address is, _ HE 3111 Street, Boynton Beach, FL 33425, hereinafter referred to as "LESSEE". For and in consideration of thcsc Premises, the rents reserved and the agreements and covenants herein contained, the LESSOR does hereby lease and demise unto the LESSEE, and the LESSEE does hereby hire and take from thc LESSOR. the Premises specified below (heuoinafter the "Premises") upon the tenns and conditions set forth herein. ARTICLE I. FUNDAMENTAL LEASE PROVISIONS Address: Telephone No.: Facsimile No.: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 (561) 742-6010 (561) 742-6011 LESSOR Name: 'Telephone No.; Facsimile No.: Child Carc Center, Inc. Attn: Lena Raluning 9:99 E 3nl Street Boynton Beach, FL 33425 (561) 742-6055 (561) LESSEE Name: Address: Premises: Thc Premises located at 9Q91lft! 3rd Street, Boynton Beach, Florida 33425, A depiction of the leased Premises is attached hereto as Exbibit " A" . Lease Term: Five (5) Years with the option for one (1) five (5) year renewal. Annual Base Rent; One and 00/100 DoHar ($1.00) per year, plus applicable sales tax. Permitted Use: Operation of a community service center with the primary activity being child care and child care related activities such as food Page 1 of 18 349 of 735 service, family support, and such other uses as are incidental to the operation thereof. Lease Effective Date: October 1. 2005 Term Effective Date; October 1, 2005 ReDt Commencement Date: LESSEE shall be obligated to commence rental payments upon October 1 , 2005. ARTICLE n. DEFINITIONS The following definitions shall apply: A. BASE RENT: The Basc Rent to be paid by LESSEE pursuant to the provisions herein. B. THE PREMISES: The premises located at 909 NE 3rd Street, Boynton Beach, Florida 33425. as depicted in Exhibit "A" attached hereto, which is hereinafter referred to as the "Leasehold Premises" or the "Premises". C. HOURS OF OPERATION: LESSEE may designate its own hours of operation between the hours of 6:00 a.m. through 8:00 p.m. Monday through Friday. There shall be no hoW"S of operation on Sunday or outside the permitted hours of operation provided herein, without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. ARTICLE In RENT AND OTlIER CHARGES A. ANNUAL BASE RENT: LESSEE shall pay no later than October 1,2005 and each year thereafter, throughout the tenn of this Lease, the sum specified as Base Rent under Article 1. Such payment shall be made at the office of the LESSOR as set folth in Article 1 or at such place LESSOR may from time to time designate by written notice directed to LESSEE at the Premises. B. LEASE TERM AND RENEWALS: The term shall be five (5) years beginning 00 October 1,2005. LESSEE shalt have one (1) five (5) year option to renew the Lease. In order for LESSEE to exercise its renewal option, LESSEE must provide written notice of its intent to renew at least sixty (60) days prior to the expiration of the then current tenn, C. TAXES: LESSEE acknowledges that it shall be responsible for the payment of any and all real property taxes as well as any special assessments imposed against the Leasehold Premises. LESSEE shall further pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the Tenn hereof upon all LESSEE's equipment, furniture, fixtures, and any other personal property located in the Premises. In the event any ot all of LE.SSEE's equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, LESSEE shall pay to Page 2 of 16 3500f735 LESSOR its share of such taxes within ten (10) days after delivery to LESSEE by LESSOR of a statement in writing setting forth the amount of such taxes applicable to LESSEE's property. LESSEE shall at an times be further responsible for all applicable taxes including, but not limited to, Florida Sales Tax arising out of or associated with this Lease Agreement. LESSEE shall provide to LESSOR at the time of execution of the Lease Agreement, and each year thereafter, a copy of its certificate of tax exemption. LESSEE shall assume full responsibility for all mechanic's or materialman's liens for work done on the Premises by or on behalf of LESSEE which may be hereafter lawfully levied against the subleased premises. D. INSURANCE: LESSOR represents warrants to LESSEE that it is self insured for commercial general liability, and shall maintain, at its own cost, "All Risk" insurance on the building in which the Premises arc located. LESSEE shall be required to obtain insurance as set forth in Article VI set forth herein and to identify LESSOR as an additional insured. E. UTILITY CHARGES: LESSEE shall be solely responsible for and shall promptly pay all charges for heating, air-conditioning (including a maintenance contract), electricity, telephone, water, sewer, gas, trash collection, daily janitorial service and interior and exterior window cleaning, and all other services and utilitics and shall also pay all costs and expenses ror the installation of such Utilities, and for the extension of any and all lines necessary to provide such Utilities and services to the Premises, and all connection fees, assessments and charges related thereto. F. LATE PAYMENT CHARGE: In the event any monthly installment ofRenl and/or other charges is not paid within ten (l0) days of its due date, as set forth in this Lease,. LESSEE agrees to pay as a late charge an amount equal to five percent (5%) of the monthly installment of Rent that is due and payablc as compensation to LESSOR for its additional administrative expenses in processing late payments. ARTICLE IV. NET LEASE NET LEASE INTENDED UNLESS EXPRESSLY PROVIDED OTHERWISE: LESSEE acknowledges and agrees that it is intended that this Lease shall be a Net Lease to LESSOR, except as otherwise provided herein, LESSEE shall pay the charges, impositions, costs and expenses relating to environmental matters, fire and life safety codes, cmployee health and safety and the American's With Disabilities Act, all with respect to LESSEE's particular use on the Premises, and the operation of its business, except to the extent that any such charges, costs, or expenses arise out of, or results from, the acts or omissions of LESSOR, its agents, employees, or contractors. ARTICLE V. PREMISES Page 3 of 16 351 of735 A. QUIET ENJOYMENT: LESSOR covenants and agrees with LESSEE that so long as LESSEE complies with the terms of this Lease. LESSEE shall have quiet and undisturbed continuous possession of the Premises for the Lease tenn. LESSOR shall obtain within ten (10) days from the Effective Date of this Lease, from its mortgagee, if any, a non- disturbance statement acknowledging its LESSEE's right to possession of the Leasehold Premises. B. USE OF THE PREMISES AND COMMON AREAS: During the entire Lease Term, and all extended terms thereof, thc Premises must be used and occupied for the sole use specified under Articlc I and for no other purpose or purposes without the written consent of the LESSOR, which consent shall not be unreasonably withheld. LESSEE shall have the right to use al1 parking and other common areas provided for the building in which the Premises are located. Such use shall be in common with other lessees located at the Premises address. c. PERMITS AND LICENSES: LESSEE shall procure at its sole expense any and all pennits and licenses required for the transaction of business in the Premises and will at all times comply with all applicable laws, ordinances and governmental regulations relating to the business of LESSEE conducted at the Premises. D. BUSINESS OPERATIONS: LESSEE agrees to conduCl its business at all times in a reputable manner and in accordance with all governmental regulations, laws and profcssionallicenses. E. EXAMINATION OF PREMISES: LESSOR represents and warrants to LESSEE that is has fee simple title 10 the property and has properly exercised all requisite corporate authority to execute this Lease and that the temlS and provisions of the lease are binding on it. F. MAINTENANCE: 1. By LESSEE: LESSEE shall at all times, at its own cost, keep and maintain the Premises (including, without limitation, the roof, foundations and other strucllit"'al portions of the Premises and building), all entrances, all glass, windows, moldings and storefronts) and all partitions, doors, fixtures, equipment and appurtenances thereof and improvements thereto (including, without limitation, lighting, healing, ventilation and plumbing fixtures and equipment and wiring and its air conditioning s)rstem and fire and security alann systems) in good order, condition and repair and shall replace any of the same as required by LESSEE. LESSEE shall be responsible for pest control on the premises. 2. By LESSOR. LESSOR shall at all times, at its own cost, keep and maintain the following: a) Fencing on the premises; b) Playground equipment; Page4of16 3520f735 c) parking lot, (including lighting and signage); d) landscaping and irrigation system; e) Potable water and sanitary sewer systems; f) Telephone and cable wiring to the building; g) Hurricane shutters G. ACCESS: After written notice to LESSEE, no less than thirty (30) days is advance, LESSOR shall have the right to place, maintain and repair all utility conduits and equipment of any kind, upon and under the Premises as may be necessary for the servicing of the Premises. With respect to such actions, LESSOR shall use an reasonable efforts to not to interfere with the operation of LESSEE's business. H. EASEMENTS: LESSOR reserves all rights to the air space over and under the Premises. I. IMPROVEMENTS: LESSEE shall have the right to funy equip the Premises with aU equipment, lighting fixtures, furniture, operating equipment, furnishings, floor coverings and any other equipment necessary for the operation of LESSEE's business. LESSEE shall not make any alterations in or additions to the Premises, which require the issuance of a building permit, without first obtaining the consent of the LESSOR, which consent of the LESSOR may not be unreasonably withheld. If alterations become necessary because of the application of laws or ordinances, rules or regulations of any regulatory body to the business carried on by the LESSEE hereunder, or because of any act of default on the part of the LESSEE, or because LESSEE has overloaded any electrical or other utility facility, LESSEE shall make any required alterations whether structural or nonstroctural at it's own cost and expense after first obtaining LESSOR's written approval of plans and specifications, All improvements shall be in accordance with all Federal, State and Local regulations and codes and will not commence prior to obtaining all applicable permits. Provided LESSEE has fulfilled aU of its obligations under the Lease upon expiration of the term of this Lease, LESSEE shall have the right to and agrees to promptly remove its personal property, trade fixtures and signs, and, upon LESSEE's failure to do so, the said trade fixtures, signs and personal property shall be deemed abandoned by LESSEE and shall hecome the property of the LESSOR. J. LIENS: LESSEE agrees that it will make a prompt payment when due, of all costs and expenses incurred in carrying out its agreement herein and of all costs and expenses of allY repairs, constructions or installations which are the responsibility of LESSEE hcreunder. LESSEE agrees to indemnify, defend and save LESSOR harmless from and against any/all liabilities incurred by LESSEE including any mechanics, materialmen's, or laborers' liens asserted or claimed against the Premises or any part thereof on account of work, labor or materials used in the Premises or in any improvement or change thereof made at the request of, or upon the order of, or to discharge the obligation of LESSEE, except with respect to improvements already made. Should any mechanic's or other lien be filed against the Page 5 of 16 3530f735 Premises or any part thereof as a result of such work, LESSEE shall cause the same to be cancelled and discharged of record by bond or otherwise within thirty (30) days after the date of such filing. In no event shall anything contained in this paragraph or elsewhere in thc Lease be deemed to subject LESSOR's interest in the Premises to the lien of any person doing work or furnishing materials at the instance and request of LESSEE. K. DAMAGE BY FIRE OR OTHER CASUALTY: A. If the improvements, or any matcrial part thereof, should bc destroyed Or damaged by fire or other casualty, LESSEE shall immediately deliver written notice thereof to LESSOR. B. Tfthe improvements should be totally destrOyed by fire or other casualty, or if they should be so damaged that rebuilding or repairs cannot bc completed within one hundred twenty (120) days after the date of such damage, LESSEE, by writteTl notice to LESSOR, may terminatc this Lease Agreement effective as of the date of such damages, C. All insurance proceeds payable under insurance policies maintained by LESSEE by reason of the occurrence of such fire or other casualty shall be paid to Tenant to be applied to thc cost of repair, unless this Lease Agreement is terminated pursuant hereto, in which case all such insurance proceeds shall be paid to LESSOR except for those received by reason of the loss of LESSEE's equipment, trade and business fixtures, signs and other personal property. L. SUBORDINATION: LESSOR represents that there is no mortgage on the Premises. LESSEE agrees that this Lease shall be subordi.nate to any mortgages, now or hereafter encumbering the Premises Or any part or component thereof, and to all advances made upon the security thereof, provided that any such mortgagec agrees in writing not to disturb LESSEE's possession as long as LESSEE is not in default hereunder after applicable Cure periods. This shall be self-operative and no further instrument of subordination shall be required by any mortgagee, M. ASSIGNMENT: LESSEE shall not assign, mortgage or encumber this Lease nor sublet or suffer or permit the Premises or any part thereof to be used by others without the prior written consent of LESSOR. which consent may not be unreasonably withheld. N. SURRENDER: Upon the eXpiration of the Lease Tcnn hcrcof LESSEE shall surrender the Premises to LESSOR in as good order and condition as they were in at the commencement of the Lease Term except for ordinary wear and tear, and casualty. ARTICLE VI. LIABIUTY A. INDEMNIFICATION: LESSEE agrees and covenants that it shall indemnify, defend and hold harmless the LESSOR from all suits, actions, damages, liabilities. cxpenses and Page 6 of 16 354 of 735 attorney's fees and costs in connection with the LESSEE's use of the Premises, including but not limited to loss of life, bodily or personal injury, property damage or loss of income arising from or out of any occurrence in, upon or at or from the Premises, unless caused by the LESSOR's negligence or willful misconduct, or that of LESSOR's agents, employees, or contractors. In the event of any litigation arising out of this provision, the prevailing party shall be entitled to recover its attomeys fees at the trial and appellate level as well as all reasonable costs expended. A. LESSEE'S PROPERTY, LIABILITY, AND OTHER INSIJRANCE: LESSEE shall be responsible for obtaining the following identified insurance and showing LESSOR as an additional insured, with respect to the commercial general liability coverage. LESSEE shall not occupy the Premises until all insurance required under this paragraph has been obtained and such insurance has been approved by the LESSOR's Risk Manager. Cenificates of Insurance reflecting cvidence of the required insurance shall be filed with the LESSOR's Risk Manager prior to the commencement of this Agreement. ll1ese Certiflcates shall contain a provision that coverage's afforded under these policies will not be cancelled until at least thirty days (30) prior written notice has been given to the LESSOR. Policies shan be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition oChBest Key Rating Guide", published by A.M. Best Guide. Insurance shall be in force until the obligations required to be fulfilled under the terms of this Lease are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Lease, then LESSEE shall furnish to LESSOR. at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The LESSEE shall not utilize the Premjses pursuant to this contract unless all required insurance remains in full force and effect. REQUIRED INSURANCE: Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, productS/completed operations, and certain contracts. Coverage must be written on an occurrence basis. with the following limits of liability: $1.000,000 $1,000,000 $1,000,000 $1,000,000 Combined Single Limit- each occurrence Combined Single Limit - general aggregate Personal Inj ury Products/Completed Operations Aggregate Professional Liability Limit $1,000.000 Page 70fl6 355of735 Worker's Compensation Insurance shall be maintained during the life of this contract to comply with statutory limits for all employees. The following limits must be maintained: A. B. Worker's Compensation Employer's Liability Statutory $100,000 each accident $500,000 Disease-policy limit $100,000 Disease-each employee If LESSEE claims to be exempt from this requirement, LESSEE shall provide LESSOR proof of such exemption along with a written request for LESSOR to exempt LESSEE, written on LESSEE's letterhead. Comprehensive Auto Liability coverage shall include owned, hired and non-owncd vehicles. A. Bodily Injury 1. 2. Each Occurrence ~uaIA~egate $1,000,000 $1 ,000,000 B. Property Damage 1. 2. Each Occurrence Annual Aggregate $1,000,000 $1,000,000 LESSEE shall name the LESSOR as an additional insured on each of the policies required herein, except for Worker's Compensation Insurance. Any insurance required of LESSEE pursuant to this Agreement must also be required by any sub-contractor in the same limits and with all requirements as provided herein. including naming the LESSOR as an additional insured, in any work subcontracted unless such subcontractor is covered by the protection afforded by the LESSEE and provided proof of such coverage is provided to LESSOR. The LESSEE and any subcontractors shall maintain such policies during the tenn of this Agreement. LESSEE shall be responsible to maintain any and all insurance necessary in an amount adequate to cover the cost of replacement of all decorations and improvement&, fixtures and contents in the Demised Premises in the evcnt of a property loss. ARTICLE VII. PERFORMA.~CE A. DEFAULT: The following events shall be deemed to be events of default by LESSOR or LESSEE under this Lease: If Page 8 of 16 356 of 735 1. LESSEE shalt fail to pay any installment of Rent within ten (10) days after receipt of written notice that such payment is past due. 2. LESSEE shall fail to comply with any tenn, provision or covenant of this Lease, other than payment of Rent and shall not cure such failure within fiftecn (15) days after receipt of written notice from LESSOR. 3, LESSEE shalJ become insolvent or shall make a transfer in fraud of creditors or shall make an OISsignment for the benefit of creditors. 4. LESSEE shall file a petition under any section or chapter of thc National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any State thereof, or there shall be filed against LESSEE a petition in bankruptcy or insolvency or a similar proceeding and any such proceedings shall not have been dismissed within sixty (60) days after its commencement, or LESSEE shall be adjudged banlaupt or insolvent in proceeding filed against LESSEE thereunder. 5. A receiver or Trustee shall be appointed for LESSEE's interest in the Prcmises or for all or substantially all the assets of LESSEE. 6. LESSEE shall do or pennit to be done anything that creates a lien upon the Premises, or any portion thereof subject to the LESSEE's right to use, and the lien is not released as provided for herein. 7. LESSOR's failure to maintain the Premises as required hereunder, 8. LESSOR's failure to promptly pay when due, real property taxcs, special assessments, personal property taxes and insurance premiums. B. REMEDIES: Upon the occurrence of any such events of default, LESSOR Or LESSEE shall have all rights and remedies available at law and in equity, including, without limitation, the right to terminate this Lease Agreement. C. BANKRUPTCY: 1. Assumption of Lease. In the event LESSEE shall become a Debtor under Chapter 7 of the Bankruptcy Code ("Code") or a petition for rcorgani7.ation or adjustment of debts is filed conccming LESSEE under Chapters 11 or 13 of the Code, or a proceeding is fiJed under Chapter 7 and is trarJsferred to Chapters 11 or 13, the Trostee or LESSEE, as Debtor and as Debtor~In-Possession, may not elect to assume this Lease unless. at the time of such assumption, the Trustee or LESSEE has cured or provided LESSOR "Adequate Assurance" (as defined below) that: a. Within ten (10) days from the date of such assumption, the Trustee or LESSEE will cure all monetary defaults undcr this Lease and compensate Page 9 ofl6 357 of 735 LESSOR for any actual pecuniary loss resulting from any existing default, including without limitation., LESSOR's reasonable costs, expenses and accrued interest and attorneys' fees incurred as a result of the default; b. Within thirty (30) days from the date of such assumption, the Trustee or LESSEE will cure all non-monetary defaults under this Lease; and c. The assumption will be subject to aU of the provisions of this Lease. d. For purposes of this Section LESSOR and LESSEE acknowledge that, in the context of a bankruptcy proceeding of LESSEE, at a minimwn "Adequate Assurance" shalt mean: i. The Trustee has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure LESSOR that the Trustee or LESSEE win have sufficient funds to fulfill the obligations of LESSEE under this Lease, and to keep the Premises stocked with merchandise and properly staffed with sufficient employecs to conduct a fully operationally, actively promoted business in the Premises; and ii. The Bankruptcy Court shall have entered an Order segregating sufficient cash payable to LESSOR and/or the Trustee or LESSEE shall have granted a valid and perfected first lien and security interest and/or mortgage in property of Trustee or LESSEE acceptable as to value and kind to LESSOR, to secure to LESSOR the obligation oftbe Trustee or LESSEE to cure the monetary and/or non-monetary defaults under this Lease within the lime periods set forth above; and iii. The Trustee or LESSEE al the very least shall deposit a sum, in addition to the Security Deposit, equal to one (I) month's rent lO bc held by LESSOR (without any allowance for interest thereon) to secure LESSEE's future perfonnance under the Lease, 2. Assignment of Lease. If the Trustee or LESSEE has assumed the Lease pursuant to the provisions of this Section, for the purpose of assigning LESSEE's interest hereunder to any other person or entity, such interest may be assigned only after the Trustee, LESSEE, or the proposed assignee have complied with all of the tenns, covenants, and conditions of this Lease, including, without limitation, those with respect to additional rent and the use of the Premises only as pennitted herein; LESSOR and LESSEE acknowledge that such tenns, covenants, and conditions are commercially reasonable in the contcxt of a bankruptcy proceoding of LESSEE. Any person Or entity to which this Lease is assigned pursuant to the provisions of lhe Code shall be deemed without further act or deed to have assumed all of the obligations arising under tlns Lease on and after the date of such assigmnent and Page 1 0 of 16 3580f735 shall be bound by all terms and provisions contained herein. Any such assignee shall upon request execute and deliver to LESSOR an instrument continning such assigmnent along with any other instroments the LESSOR may reasonably require. 3. Adequate Protection. Upon the filing of a petition by 01' against LESSEE under the Code, LESSEE, as Debtor and as Debtor-In-Possession, and any Trustec who may be appointed agree to adequately protect LESSOR as follows: a. To perfoml each and evcry obligation of LESSEE under this Lease until such time as this Lease is either rejected or assumed by Order of the Bankruptcy Court; and b. To pay all monetary obligations required under this Lease, including without limitation, the payment of Minimum Monthly Rent, and such other Additional rent charges any other amounts payable hereunder for the use and occupancy of the Premises; and c, Provide LESSOR a minimum thirty (30) days prior written notice, unless a shoner period is agreed to in writing by the parties, of any proceeding relating to any assumption of this Lease or any intent to abandon the Premises, which abandonment shall be deemed a rejection of this Lease; and d. To perform to the benefit of LESSOR otherwise required under the Bankruptcy Code, 4. The failure of LESSEE to comply with the above shall result in an automatic rejection of this Lease. 5. Cumulative Rights, The rights, remedies and liabilities of LESSOR and LESSEE set forth in this Section shall be in addition to those which may now or hereafter be accorded, or imposed upon, LESSOR and LESSEE by thc Bankruptcy Code. D. NO WAIVER: Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to LESSOR hereunder or of any damages accruing to LESSOR by reason of the violation of any of the temlS, provisions and covenants herein contained. No action taken by or on behalf of LESSOR shall be construed to be an acceptance or a surrender of this Lease. Forbearance by LESSOR to enforce one or more of the remedies herein provided upon an event of defauJt shall not be deemed or construed to constitute a waiver of sucb default. In determining the amount of loss or damage which LESSOR may suffer by reason of termination of this Lease or the deficiency arising by reason of any rcletting of the Premises by LESSOR as above provided, allowance shall be made for the expense of repossession, including attorney's fees, any repairs or remodeling undertaken by LESSOR following repossession and brokerage commissions. Page 11 of16 3590f735 The failure of the LESSOR or LESSEE to insist, in anyone or more instances upon strict performance of any of the covenants or agreements in this Lease, or to exercise any option herein contained, shall not be construed as a waiver or a relinquishment for the future of such covenant, agreement or option, but the same shall continue and remain in full force and effect. The receipt by LESSOR of Rent, with knowledge of the breach of any covenant or agrecment thereof, shall not be deemed a waiver of such breach and no waiver by the LESSOR of any provision hereto shall be deemed to have been made unless expressed in writing and signed by LESSOR. E. RIGHT TO CURE; ATTORNEY'S FEES: If either party defaults under this Lease, LESSOR or LESSEE may, at its option, immediately or at any time thereafter, without waiving any claim for breach of agreement and after notice, cure such default. Upon such OCCUtl'ence, the defaulting party shall promptly reimburse the non-defaulting party for all costs and expenses incurred in the curing of the default. If LESSOR or LESSEE shall institute an action or summary proceeding against the other party based upon such default then the prevailing party shall be entitled to recover all costs and expenses incurred in curing such default, including reasonable attorney's fees, at the trial and appellate levels which sums, together with interest. at the highest rate allowable by law, shall be due and payable upon demand. F. INTERPRETATION: The covenants and agreements herein contained shall bind and the benefits and advantages hereof shall inure to the respective heirs, legal representatives, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural shall include the singular and the use of any gender shall include all genders. This Lease may not be changed orally, but only by an agreement in writing and signed by the party against whom enforcement of any waiver, change, moditication or discharge is sought. The marginal notes and headings of this Lease arc inscned only as a mattcr of convenience and for reference and in no way define, limit or describe the scope of intent or otherwise affect in any way this Lease. This agreement shall create the relationship of LESSOR and LESSEE between the parties hereto. No estate shall pass out of LESSOR. LESSEE shall have only an interest not subject to levy and sale and not subject to assignment except in accordance with the provisions hereof. Should any of the printcd provisions of this Lease require judicial interpretation, it is agreed !hat the court interpreting or construing the same shall l'Iot apply a presumption that the terms of any such printed provision shall be more strictly construed against one party by rcason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same it being agreed that the agents of all parties have participated in the preparation ofrhis Lease and that all terms werc negotiable, G. ENTIRE AGREEMENT: Notwithstanding anything herein contained or contained in any other writings concerning the Premises by either of thc parties hereto, the parties hereto agreeing hereby that all such other writings are hereby superseded and/or merged into this Lease which shall be the entire agreement of the parties concerning said Premises, This Lease shall nol become binding as such upon LESSOR unless all preliminary conditions required 10 be performed by LESSEE are $0 performed. Page 12 of 16 3600f735 LESSEE acknowledges that LESSOR, including LESSOR's agents and employees, has not made any statement, promise or agreement or taken upon itself any engagement whatsoever, verbaJly or in writing, in conflict with the terms of this Lease, or that in any way modifies, varies, alters, enlarges or invalidates any of its provisions and that no obligation of the LESSOR shall be implied in addition to the obligations herein expressed. ARTICLE VIII. HAZARDOUS WASTES A. LESSEE represents that it shall comply with all local, state and federal laws regulating hazardous waste. Furthennore, LESSEE agrees that it shall be responsible for the lawful disposal, storage and utilization of all substances that may be deemed to be "hazardous" under any of the local, state or federal laws. B. Corrective Action means investigation, active remediation, passive remediation, or monitoring or any combination of these activities. k1y Corrective Action perfonned by LESSEE will be performed in accordance with applicable regulatory requirements. ARTICLE IX. MISCELLANEOUS A. BINDING EFFECT: The terms, provisions and covenants contained in this Lease shall inurc to the benefit of and be binding upon thc parties hereto and their respective heirs, successors-in-interest and legal representatives except as otherwise expressly provided herein. B. RADON GAS: In 1988, the Florida legislature passed a provision that requires the following notification to be provided on at least one document, form or application executed at the time of or prior to the Contract for Sale and Purchase of any building or execution ofa rental agreement for any building: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and stale guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." C. SECURITY MEASURES: LESSEE hereby acknowledges that the rental payable to LESSOR hereunder does not include the cost of guard service or other security measures, and that LESSOR shall have no obligation whatsoever to provide same. LESSEE assumes all responsibility for the protection of LESSEE, its employees, agents and invitces from acts of third parties, except in the event LESSOR at any time provides or arranges for the provision of such services. Page 13 of16 361 of735 D. AUTHORITY: If LESSEE is a corporation, trust or general or limited partnership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deIiverthis Lease on behalf of said entity. If LESSEE is a corporation, trust or pal'blership, LESSEE shall, prior to or simultaneous with execution of this: Lease. deliver to LESSOR evidence of such authority satisfactory to LESSOR. E. TIME OF ESSENCE: Time is of the essence of this Lease and each and every provision hereof. F. NOTICES: Notices shall be in writing delivered by hand, or by certified mail, return receipt requested. or overnight delivery by nationally recognized service, to the addressee at the address set forth herein. or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered. or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or ifby overnight delivery service, upon the earlier of receipt or two (2) business days after deposit, or if by facsimile transfer, by confinnation of transmission, with the original being sent by any of the other methods designated in this paragraph within forty- eight (48) hours of transmission. Either party may change the address for notice to that pany by delivering written notice of such change in the manner provided above, such change to be effective not sooncr than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. LESSOR; COPY TO: Kurt Bressner City of Boynton Beach 1 00 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6090 James A. Cherof, City Attorney Goren, Cherat:, Doody, Ezrol, P.A, 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No, (954) 771-4500 Facsimile No. (954) 771-4923 LESSEE: Boynton Beach Child Care Center, Inc. Atbl: Lena Rahming 909 NE 3 rd Street Boynton Beach, Florida 33425 Telephone No. (561) Facsimile No. (561) G. RECORDING: Neither LESSOR nor LESSEE shall record this Lease, nor any memorandum hereof, in the Public Records of Broward County, Florida, or any other Page 14 of 16 362 of 735 place. Any attempted recordation by LESSEE shall render this Lease null and void, and shall entitle LESSOR to the remedies provided for herein by LESSEE's default. H. PARTIAL INVALIDITY: If any provision of this Lease or application thereof to any person or circumstance to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. I. VENUE: Tn any proceeding brought relative to the terms or provisions of this Lease, venue shall be in Palm Beach County, Florida, J. NO REPRESENT A TION: LESSEE agrees and acknowledges that it has not relied upon any market projections, master development plans, circulars, prospectus, advertisements, drawings, phases, or any other representations made by the LESSOR, its employees and officers, brokers or agents in executing this Lease othcr than those set forth herein. LESSEE has indcpendently determined the economic benefits oflcasing thc Premises. K ACCORD AND SATISFACTION: No payment by LESSEE or acceptance by LESSOR of a lesser amount than the Monthly Base Rent or other amounts due hereunder shall be deemed to be other than on account of the earliest Monthly Base Rent or other amount due, nor shall any endorsement or statement On any check or payment, or any letter accompanying any check or payment, be deemed an accord and satisfaction, and acceptance of such check or other payment shall be without prejudice to LESSOR's right to recover the balance of such Monthly Base Rent or other amount due, or pursue any other remedy provided herein or by law. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first writlen above. LESSOR: BY: ACH BY: A TrEST: APPROVED AS TO FORM: Page 15 of 16 363 of 735 LESSEE: BOYNTON BEACH CHILD CARE CENTER, INC. IZk, R'b~ By: Title: WITNESSES: e.-. w,,};. 7"",~.o..S Print Name: ."'cU C tt..- f'a..r k..e.S F~/ ~U4-~ Print Name: ;!!:j1~d ;:::;"" c..-- STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) BEFORE ME, an officer duly authorized by law to administer oaths and take %Wledgrncn~ personally appeared ,(U "'f /1L~F"r.. as C17'1 fJtttj...IML/fj)f . ,~rflv {-:;)t~L.. n. , a ~ authorized to conduct business in the Stale of Flori , and acknowleagcd execution of the foregoing Agreement as the proper official of , for the use and purposes mentioned in it and that the instrUment is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County ato"".;d on (hi, 1-<L day of:1l/~ . 2fX{1!- '-Z tJ ~'.u'/ m 1l.t:1Al j MYrJ.~Tr:348188 ~/~~~y p~~~ tc; ~:~,.:.~ (Name of Notary Typed. Printed or Stamped) H:\ I Q9OI900 1 82, HFlIAG M1\Chi1<l Care Center Inc. 1 ,d,,~ Page 16 of 16 3640f735 9,A PUBLIC HEARING April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENT A nONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA ~ LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the First Reading of an ordinance abandoning a portion of SE 1 st Avenue between SE 4th Street and the FEC Railroad. (The expeditious placement of this item before the Commission will allow for the concurrent review of Second Reading and the corrresponding site plan application on April 20, 2010) (1 st READING PROPOSED ORDINANCE 10-007) EXPLANATION OF REQUEST: This link of roadway was originally created as Jessamine Street as noted on the plat of the Town of BOYNTON subdivision as shown in recorded Plat Book 1, Page 23, Public Records of Palm Beach County, Florida dated March 25, 1910. This link was never improved as a roadway, but contained utilities from time to time. The last installation was a 12-inch reclaimed water main by the Utilities Department approximately one year ago along the southern one-half of the right-of-way. The existing property owner to the north has been using the undeveloped roadway link for off- street parking for a number of years to no one's objection. However, that property owner desires to make certain site improvements utilizing this roadway link in conjunction with their proposed new site plan application (Macia Marin Medical Building NWSP 10-003). Although the subject property was never used or improved as a right-of-way as intended by the recorded plat, the property was dedicated to the public as a right-of-way and is under the jurisdiction of the City. Typically, a reversionary clause in the dedication of the plat dedicates to the perpetual use by the public, the public streets shown on the plat, and reserves unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law. The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. 365 of 735 Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other one-half is conveyed to the other abutting property owner. However, the subject right-of-way lies entirely within the boundaries of the site plan for the proposed medical building (see Staff Report Exhibit "C"- Site Plan), therefore the applicant will be required to acquire from Bellsouth the south one-half of the right-of-way to be abandoned, execute a long-term lease for its use, or record a perpetual cross-access easement agreement with Bellsouth allowing the continued use of the property as a parking lot. Although the issue of reimbursement often surfaces when considering an abandonment application, it has not been the practice of the City to pursue the collection of a fee in connection with the return of land from the public domain to private ownership. This position is based, in part, on the fact that the land was originally dedicated for public use at no cost to the City (particularly if a roadway is never improved), and since equity would require that payment be assessed to two different property owners (owners of land located on both sides of the right-of-way to be abandoned). Furthermore, appraising of the land would not be simple as it would have to account for both the value of the land based on the anticipated use by adjacent property owners as well as the value represented by any easements and easement rights required to be reserved. Staff is recommending that the City Commission approve the abandonment request, subject to the City retaining an easement for the construction, installation, and maintenance of all public utilities. In addition, if the property owner desires to use the south one-half of the abandoned right-of-way for the benefit of the business to the north of the abandoned right-of-way, the property owner will need to acquire or lease the respective property, or obtain a cross-access easement over the south one-half of the right-of-way. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave the existing right-of-way as it currently exists and maintain its usage for public purposes only. 366 of 735 ORDINANCE NO. 10-007 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING ABANDONMENT OF 40-FOOT PORTION OF THE RIGHT- OF-WAY FOR SOUTHEAST FIRST AVENUE LOCATED GENERALLY WEST OF S.E. 4TH AVENUE AND EAST OF THE FLORIDA EAST COAST RAILROAD, SUBJECT TO THE RETENTION OF NECESSARY PUBLIC UTILITY EASEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has been requested to abandon a forty foot (40') portion of the public right-of-way known as Southeast First Avenue (flk/a Jessamine Street) generally located along the east right-of-way line of the Florida East Coast Railroad to the West right-of-way line of Southeast 4th Street (flk/a Palmetto Street), subject to the retention of necessary public utility easements; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff is recommending this abandonment subject to the City retaining an easement within the abandoned portion of the right-of-way for necessary public utilities, and the City Commission adopts that recommendation, and finds that the abandonment serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. by this reference. The foregoing Whereas clauses are true and correct and incorporated herein Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a forty foot (40') portion of the right-of-way of Southeast First Avenue (flk/a Jessamine Street) from the east right-of-way line of the Florida East Coast Railroad to the West right-of-way line of Southeast 4th Street (flk/a Palmetto Street), subject to the retention of an easement for necessary public utilities. The property being abandoned is more particularly described as follows: The forty (40) foot roadway, known as S.E. 1st Avenue (flk/a Jessamine Street), from the East right-of-way line of the FEC railroad to the West right-of-way line ofS.E. 4th Street (f/k/a Palmetto Street) as shown on the Plat of Town of Boynton, as recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. SUBJECT to a utility easement over the South 20 feet thereof for the purpose of installing, constructing, and maintaining all necessary public utilities. 367 of 735 A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this _ day of ,2010. SECOND, FINAL READING AND PASSAGE THIS _day of ,2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Vice Mayor - Commissioner - Commissioner - Commissioner - ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a forty foot (40') portion of the right-of-way of Southeast First Avenue (f/k/a Jessamine Street) from the east right-of-way line of the Florida East Coast Railroad to the West right-of-way line of Southeast 4th Street (f/k/a Palmetto Street), subject to staff comments. The property being abandoned is more particularly described as follows: The 40 foot roadway, known as S.E. 1 st Avenue (f/k/a Jessamine Street), from the East right-of-way line of the FEC railroad to the West right-of-way line of S.E. 4th Street (f/k/a Palmetto Street) as shown on the Plat of Town of Boynton, as recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. SUBJECT to a utility easement over the South 20 feet thereof for the purpose of installing, constructing, and maintaining all necessary public utilities 368 of 735 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of 2010. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet M. Prainito, MMC Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of ,2010. NOTARY PUBLIC, State of Florida My Commission Expires: 3690f735 EXHIBIT "A" - SITE LOCATION MAP MACIA/MARIN MEDICAL ABAN 10-001/NWSP 10-003 I I Ib' ,I I I ! SE 2ND AVE E OCEAN AVE .~ J: J- ~ a LU <( (j) o ex: ::::! <( ex: u lJ.J l.L. SE 2ND AVE 100 50 0 """"""-- 1 00 200 300 400 'Feet 3700f735 >- ~ J: ...J <( a: LU o LU u.. ~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-020 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: March 16, 2010 SUBJECT: Abandonment of a portion of S.E. 1st Avenue at 115 S.E. 4th Street (ABAN 10-001) NATURE OF REQUEST Julie L. Schiff, AlA, of Studio Schiff, LLC and agent for the property owner (Macia/Marin Family Limited Partnership), is requesting the abandonment of a portion of S.E. 1st Avenue bounded on the east by S.E. 4th Street and on the west by the F.E.C. Railroad (see Exhibit "A" - Site Location Map). The 40 foot-wide right-of-way to be abandoned extends in an east-west direction along the south side of the applicant's property. Macia/Marin Family LP is currently requesting to redevelop their site by demolishing the existing medical building and constructing a new medical office building, which will retain a parking lot on the entire right-of-way (40 feet) where their parking lot currently exists (see NWSP 10-003). The subject property is 40 feet wide and varies between 132 and 140 feet in length. The property is the dead-end portion of S.E. 1st Avenue lying east of the F.E.C. Railroad, and is described as that portion of S. E. 1 st Avenue (formerly known as Jessamine Street) lying south of Lots 11 and 12, Block 8, and lying North of Lots 1, 2, and 3, Block 11, Town of Boynton Subdivision, as recorded in Plat Book 1, Page 23, Palm Beach County, Florida (see Exhibits "B - B2"). The subject right-of-way is represented by a 40 foot wide strip of land that, if abandoned, would be distributed equally to the adjacent property owners: north 20 feet to Macia/Marin Family Limited Partnership and south 20 feet to Southern Bell Telephone and Telegraph Company (now known as Bellsouth Telecommunications). The following is a description of the zoning districts and land uses of the properties that surround the subject property to be abandoned: North (Macia/Marin Family LP) Lots 11 and 12 of Block 8, according to the plat of Town of Boynton, consisting of medical office use, classified as Mixed Use (MX) land use and zoned Central Business District (CBD); South - (Bellsouth) Lots 1-3 and 10-12 of Block 11, according to the plat of Town of Boynton, consisting of a utility support and office building, classified as Mixed Use (MX) land use and zoned Central Business District (CBD); Right-of-way for SE 4th Street, and farther east, a 4.6 acre vacant parcel (500 Ocean) classified as Mixed Use Core (MXC) land use and zoned Mixed Use High (MU- H); East 371 of735 West Right-of-way for Florida East Coast Railroad, and farther west, commercial properties classified as Local Retail Commercial (LRC) land use and zoned Neighborhood Commercial (C-2). BACKGROUND The subject property was platted as a 40 foot right-of-way; however, it appears that right-of-way for this portion of S.E. 1st Avenue was never improved or used by the general public as a right-of-way. Bellsouth, the property owner to the south of the subject right-of-way, purchased their property, which included the south one-half (20 feet) of this right-of-way, from a private party in 1962 and a deed was recorded at the courthouse. However, there is no record of any action on behalf of the City abandoning this portion of right-of-way. In addition, applicant Macia/Marin Family LP, the property owner to the north of the subject right-of-way, indicates on the application that the current and previous property owners have continuously used the subject 40 foot wide right-of-way as a parking lot for their medical offices for approximately 20 years. The subject portion of the 40-foot wide right-of-way was platted as Jessamine Street (now known as S.E. 1st Avenue) and lies within the boundaries of the Town of Boynton Subdivision Plat. The approved plat was recorded in Plat Book 1, Page 23 on March 25, 1910. Although the subject property was never used or improved as a right-of-way as intended by the recorded plat, the property was dedicated to the public as a right-of-way and is under the jurisdiction of the City. Typically, a reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public highways, streets, avenues, boulevards, and alleys shown on the plat, and reserves unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law. The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. Required proof of clear title, in the form of an Ownership and Encumbrance report, typically states that the property adjacent to the portion to be abandoned is owned by the applicant and that the properties are currently free and clear, and such abandonment of the property under public domain will not prevent other property owners from access to and from their property, and no other property owners will be adversely affected by the abandonment. The applicant has submitted an ownership and encumbrance report for the subject property. The report reflects that title of the south one-half of the right-of-way to be abandoned is vested in Southern Bell (now known as Bellsouth) by their 1962 deed and the north one-half is vested in the City of Boynton Beach per the plat. The City disagrees that Bellsouth already owns the south one-half of the right-of-way, as there is no record found of a previous abandonment for the subject property; however, if the requested abandonment is approved, ownership of the south one-half of the right-of-way will be given to Bellsouth. The applicant has also submitted a legal opinion from Attorney Benjamin Schiff, CPA, CFP describing current ownership and prescriptive rights the Macia/Marin Family LP may have in the subject right-of- way. The legal opinion reflects the following: (1) The City acquired ownership rights to the right-of- way as a result of the plat dedication, however those rights have been abandoned because the City never formally accepted the right-of-way; (2) The current ownership of the south one-half of the right-of- way by Bellsouth is valid, even though acquired by a defective conveyance in 1962, because it remained unchallenged and was allowed to be improved and maintained by Bellsouth; and (3) The previous and current use of the south one-half of the right-of-way by the Macia/Marin owners has conferred prescriptive easement rights to them for continued use of the south one-half of the right-of- way as a parking lot. 3720f735 Although not in agreement with the applicant's legal opinion, staff is not opposed to abandonment of the right-of-way for the following reasons: (1) staff is unable to identify any public purpose for improving this property as a right-of-way; (2) staff believes this area will best serve adjacent property owners through private ownership and/or easement agreements; (3) abandonment of the property will not prevent other property owners from access to and from their property; and (4) no other property owners will be adversely affected by the abandonment. ANALYSIS Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other one-half is conveyed to the other abutting property owner. However, the subject right-of-way lies entirely within the boundaries of the site plan for the proposed medical building (see Exhibit "C" - Site Plan), therefore the applicant will be required to either acquire from Bellsouth the south one-half of the right-of-way to be abandoned, or record a perpetual cross-access easement agreement with Bellsouth allowing the continued use of the property as a parking lot. Pursuant to Chapter 22, Article IV, Section 4, public notice of the proposed abandonment was given, and the request has been advertised in the newspaper. All applicable city departments and public utility companies have been notified, and a summary of their responses are as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection with 20 foot wide utility easement on south one-half No objection with 20 foot wide utility easement on south one-half No objection Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light No objection Bell South No objection with 20 foot wide utility easement on south one-half No objection Florida Public Utilities Company Cable Company (Comcast) No objection Lastly, the Community Redevelopment Agency has no objection to the applicant's request because the right-of-way is not in any of the Agency's plans for right-of-way linkage or connections. There are also no isolated parcels adjacent to the subject right-of-way that would rely solely upon this street for access. Staff recommends designation of a utility easement on the south one-half of the right-of-way to be abandoned to aI/ow maintenance of the existing water line and any future utility services. Dedication of a utility easement would grant the City legal access to the property for maintenance or upgrade purposes. The City Public Works/Utilities Department would oversee the easement dedication process. Staff also recommends that, if abandoned, the applicant either acquire the south 20 feet of the subject right-of-way or record a perpetual cross-access easement agreement with Bel/south to allow the applicant's continued use of the property for their parking lot. RECOMMENDA nON Staff recommends that the request to abandon the subject portion of right-of-way as described above 3730f735 be APPROVED, subject to conditions as recommended in Exhibit "0" - Conditions of Approval, and based on the finding that the right-of-way provides no public purpose, and utilities within the subject property would remain within a 20-foot wide dedicated utility easement. Any additional conditions recommended by the Planning and Development Board and required by the Commission will be placed in Exhibit "0". S:IPlanningISHAREDIWPIPROJECTSIMacia-Marin Medical Bldgl ABAN 10-0011Slaff Report.doc 3740f735 EXHIBIT "B" r I I / 60.5' 50' \ , ; j I 20' ALLEY i ,-.: !t/) 84.2' 50' 1 50. II ------L_20. TOWN OF BOYNTON !l- I P.B.25 PG.121 1..q- I I I I I a iL.u I I .q: LOT 11 LOT 12 i . 0 iV1 ! I 0:: I --.J <( I Q:' BLOCK 8 1- U) <( 0 f 0 1- I (/) <( ! LLJ I <( / 9 Q:' 0 r , _I LOT 1 I lL. LOT 3 LOT 2 , I d-1 TOWN OF BOYNTON I P.B.25 PG.121 BLOCK 11 I 50' 50' /A8~N.D.. 20', ALLE'( Y ORD. 05-053 50' 50' LOT 8 SCALE: 1 ~= 0' BLOCK 7 LOT 10 I LOT 11 BLOCK 11 LOT 12 LOT 7 LOT 6 TOWN 0 BOYN T. P.8.25 PG.121 BLOCK 12 i 20' ALLEY i 4kJ' 50' 50' LOT 8 LOT 9 BLOCK 12 50' 50' I ! CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION ~~'l'E2010 EXHIBIT "B" PG. NO. (' 3750f735 r r r o :;:: Cl ~ ~ N o 01 (Jl o lO (f) ^ N o T) N ~tD c-t'" t:tj 'llo =r 0 Ul ~;! III 0" :c -<... fT1"~ -ttl rr1 ~~~~ 00 ::: --1 ~n~ c:: : N N~"",X !;:tj (t) ~~r-t.oI -< C'O "'!l;g?l: t:::1 _ o :::i\iO.... -< ..., iJl~ 0 S N :~ ~ C':> l::lN .. . ,. .. '" LJ >: -; ~ ~; ~ ::::: Cl fT1 N VJ --- (100' RIGHT OF WAY) FLORIDA EAST COAST RAILROAD d',.:>. O-='o li'"-='.. ...... c.-J ..... 00 -....j (Jl ~q, ro'" ~. Q) .' 40.39' , ~ tv) >: I. ~ I~ o ...... (f)> (J) ~I'; u: "' )> ,,, ~ '2: Z I c: fTI f"T1 (f) -l, V, 20' :0 'v ~o \;; ...... q, .' I... 20' 9/. /0. -='7-. I 40~01' I ) 1_- --+-S-E 4TH STREET .. - OF WAY) (40' RIGHI 3760f735 c.-J N (N .f::: I I N o - L LJ ~ ~ ?:~ ~:.;;:; ~ :;.~:: 'J! (,:, Cl fT1 N VJ EXHIBIT "81" -~<=======- I .j>. o --I ::r: U) U) z o --I )> (J) c ~ ~ (f) ^ fTl -1 () :r: o I] o fTl (f) () :::0 ~ -0 -1 ~ o z EXHIBIT "82" ( SOl.....rHEAST FIRST A VENUE STREET ABANDONMENT LEGAL DESCRIPTION The 40-foot roadway, lmown as S.E. 1'[ Avenue (fk.a Jessamine Street), from the East right-of-way line ofllie FEe Railroad to the West right-of-way line of S.E. 4th Street (fka Palmetto Street), as shown on the plat of Town of BOYNTON, as recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. . . Subject to an ingress-egress and utility easement over the South 20 'feet thereof. r CITY OF BOYNTON BEACH PUBliC WORKS DEPARTMENT I ENGINEERING DMSION DATE .1 EXHIB IT " A" I PG, NO. MAR. 20101 r 3770f735 r (' r ____________~xttJ~~T _ "e" T nwp"- . ....11' 'I[ I iiij 1111 !1m !~Ili! tlfli ~ WI! !! f!i ! ~~ Ii !j -il!! - 'I' ,I ~ i<[ il i li~li ltll'HII;L~11 db Ii ,t!ll III ~I ti f l I' ,; i} '( , I nU! ! l:l ! I I Ell e~ II I~. rt ~h!! [ . i E 'I ~i ~ Ii Ill!! IS' II . i!~!o Ii !I! I l ' j; ! _ t; ~ ;;;; ~" I! lIihS hd I ~ ';;;'! ~ ; ~f I 'ft'\ !I l;1 !Hi ~ II .'Ii Ii i ~ll~:f""" b:n .:t'IW I; 1'-- 11,'11 Ii ili !Ii!! iji~ ~ j I !!! I' ~ jel , I il ,Ul., III I j' 'll I-~ Ii Iii Ill! i I! a II m; ;!i i'l ! .'ilii I j 1,0 : l I i l'i' ! I I I I'! I, ii p- __ e .1'1 · I I~ i I~~! I I I I' I I I I I II I I i ! i I ! jl'l ,. 1111'[1' I .... 'I I I 8' I i I en I I' Ii "0 , ! .1 'I::U . i; , .:__ ' ,1!l11 l[ 'I ill I il!;e i~' II jii & , '::ll A NEW MEDiCAl OFFICE BUILDING FOR I,~ !Pll itl! W- i> 't7 or " OR MACIA & OR MARIN 115 SE 4th STREET BOYNTON BEACH. Fl3343S 3780f735 EXHIBIT "0" Conditions of Approval Project name: Macia.Marin Medical Building File number: ABAN 10-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Abandonment is contingent upon the dedication of a 20 foot wide X utility easement for maintenance of an existing water line on the south one-half of the property to be abandoned. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X 3790f735 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 2. Prior to permitting of the proposed medical office, the applicant shall X either purchase from Bellsouth the south one-half of the 40 foot wide abandoned right-of-way, or shall record a perpetual cross-access easement agreement with Bellsouth that allows the continued use of the south 20 feet of the site for the required parking lot. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Macia-Marin Medical Bldg\ABAN 10-001 \COA.doc 3800f735 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 201Q Motion Mr. Myott moved to approve the request for approval for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 4.J.27, to add provisions and standards, including a maximum height of 25' to allow Windmills within non-residential zoning districts for the purpose of aerating wet detention areas. Vice Chair Saberson seconded the motion that unanimously passed. A.1. Macia-Marin Medical Building, (ABAN 10-001), Abandonment, located at 115 SE 4th Street. Request approval for abandonment of a portion of SE 1st Avenue, bounded on the east by SE 4th Street and on the west by the FEC Railroad. Applicant: Julie L. Schiff, AlA, of Studio Schiff, LLC Ms. Zeitler presented the request and explained the property was platted as a 40-foot right- of-way, but the right-of-way for this portion of SE 1 st Avenue was never improved or used by the general public as a right-of-way. The abandonment extended east and west on the south side of the applicant's property. BellSouth, the property owner to the south, purchased their property, which included the southern one-half (20 feet) of the right-of-way from a private party in 1962, and the deed was recorded. There was no record, however, of any action on behalf of the City to abandon this portion of the right-of-way. The site plan showed the site would be redeveloped by demolishing the medical building and constructing a new medical office building which would contain the parking lot on the entire 40-foot wide right-of-way where there currently exists a parking lot, and which was used as a parking lot for the medical offices for 20 years. Normally when abandoned, half of the right-of-way is given to one abutting property owner and the other half to the other abutting property owner. Since the right-of-way lay within the boundary of the site plan, the applicant would be required to either acquire the south 20 feet from BellSouth or have a long-term lease with a perpetual cross-access easement agreement with BellSouth to allow them to continue to use the property as their parking lot. Staff was not opposed to the abandonment and was unable to identify any public purpose for improving the property as a right-of-way. The area would best serve adjacent property owners through private ownership and/or easement agreements and abandonment would not prohibit other property owners from accessing their property. No other property owners would suffer adverse impacts. Staff recommended designation of a utility easement on the south one-half of the right-of- way to be abandoned to allow the maintenance of the existing water line and any future utility services. They also recommended approval based on the finding that the right-of- way served no public purpose and utilities on the property would remain within a dedicated 20-foot wide utility easement. 6 381 of735 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Julie Schiff, 1901 Harrison Street, Hollywood, the architect and planner for the project reviewed a visual presentation. She advised they were in the process of working out an agreement with BellSouth for purchase of a land lease, or cross-access agreement that would be acceptable to all concerned parties. If they could not reach an agreement, they would seek a declaratory judgment. They believed they have prescriptive easement rights because they would continue to use the parking lot as they had been for the last 20 years. The only utilities on the 20-feet were the newly installed reclaimed water lines, but Bellsouth would like to install four six-inch conduits for future network use, and they would like to do construction concurrent with the applicant's so they would not disrupt the asphalt. Staff was amenable to the activity, but was looking for a long-term lease, perhaps 99- years, as opposed to a short-term lease since it was part of their site plan. The way the condition was written was they needed to have the arrangements completed prior to the issuance of any building permit. Ms. Schiff agreed to the condition. Motion Mr. Barnes moved to approve the abandonment of a portion of SE 1st Avenue bounded on the east by SE 4th Street, on the west by the FEC Railroad, in conjunction with the Macia- Marin Medical Building subject to all staff conditions. Chair Jaskiewicz opened the public hearing. Hearing none, Chair Jaskiewicz closed the public hearing. Mr. Myatt seconded the motion that unanimously passed. A.2. Macia~Marin Medical Building, (NWSP 10-003), New Site Plan, located at 115 SE 4tn Street. Request approval for new site plan consisting of an 8,576 square foot 2-story medical building and related site improvements in the CBD zoning district. Applicant: Macia-Marin Family Limited Partnership Ms. Zeitler reviewed the site plan as noted in the above request. The site was within the Central Business District (CBD) and the Community Redevelopment Agency. A two-story medical'office building was proposed. The existing building would be demolished and replaced with the new building. CBD zoning allowed parking to be reduced by 50% if the parking was unreserved and available to the public. The applicant agreed to provide half the parking, 22 spaces, and agreed to keep them available to the public. A waiver to the loading zone requirement and dumpster requirement was given, Deliveries would be from small box trucks, and roll-out carts could be used. The building was designed as a two-story structure, with a partial third floor private library for the doctors. Most of the square footage of the building was for exam rooms and doctors offices, Staff recommended, as a condition of approval, that the suspended aluminum awnings be 7 3820f735 10.A CITY MANAGER'S REPORT April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER ~ CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the final report from the Green Community Alliance as an informational item. EXPLANATION OF REQUEST: On February 19, 2008 the Boynton Beach City Commission approved and adopted Resolution R08-025 establishing a Green Task Force to oversee the process of improving and sustaining the environmental needs of the community. The Green Task Force made substantial progress in inventorying best practices both in the City of Boynton Beach and in other local level governments and provided the City Commission with a comprehensive list of recommendations which was approved by Commission on October 7, 2008. The City Commission then directed the City Manager to allow staff to continue working on the plan and to incorporate public participation. These alliances would allow the City to interact with residents, businesses and organizations who wish to assist in prioritizing local efforts. Residents, professionals and staff members from the City's Sustainability Team joined to create a Green Community Alliance that would continue the efforts of the Green Task Force and explore programs and implementation strategies for incorporation into the Boynton Beach Climate Action Plan. The first meeting of the Green Community Alliance was held on June 1, 2009 with a total of thirty-six (36) members including twelve (12) key professionals, nine (9) citizens and fifteen (15) city staff. From the attending group, five (5) separate sub-teams were created to address the following Green Task Force initiatives: · Renewable/Alternative Energy & Fuel/Utility · Sustainable Construction · Land Use/Landscaping and Irrigation 3830f735 · Transportation · Education The five (5) sub-teams met independently two (2) to four (4) times a month for a six (6) month period. The Community Alliance membership came together every two (2) months to share their progress, participate in informational workshops and presentations, and collaborate with the other teams. The final report of the Green Community Alliance represents the culmination of months of dedication, research and brainstorming to conceive implementation programs, policies and procedures that address the Green Task Force recommendations. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Green Community Alliance final report is an integral component of the City's Climate Action Plan that consultant COM is currently working on for the city under the Department of Energy's (DOE) Energy Efficiency and Conservation Block Grant (EECBG). The Climate Action Plan will create a roadmap for future energy efficiency and sustainability that will encompass not only the City, but address regional issues as well. The Climate Action Plan will come before Commission for approval at the April 20, 2010 Regular Commission meeting. FISCAL IMPACT: None at this time. ALTERNATIVES: Not accept the report 3840f735 . "".-.~ {OJ "" ' ~..r: .,.,~rF THE CITY OF BOYNTON BEACH GREEN COMMUNITY ALLIANCE Strategies to Improve, Promote and'Sustain tFie ~nvironmenta{ :Neerfs of tfie Community 3850f735 TABLE OF CONTENTS Introduction.............. ...................... ........... .... ........ ..... ..... Page 3 Acknowledgments............................. ................. ....................... ...Page 6 Land Use, Landscape and Irrigation.................................... .Page 8 Transportation..................... ............................... ........ ... .page 27 Renewable/Alternative Energy and Fuel Utility..................... ..Page 67 Sustainable Construction............................................... ...page 79 Education.................................................................... ..Page 94 3860f735 2 INTRODUCTION On February 19, 2008 the Boynton Beach City Commission approved and adopted Resolution R08-025 establishing a Green Task Force to oversee the process of improving and sustaining the environmental needs of the community. The Commission's goal was to involve city employees and citizens in creating policies and programs that will promote environmental sustainability within the Boynton Beach Community. The Green Task Force was created to focus on areas of Public Education; Water Conservation; Waste Reduction/Recycling and Sustainable Construction, and provide recommendations to the City Commission regarding the development of a long-term environmental improvement plan to reduce carbon emissions and an assessment of our current environmental situation. This includes, but is not limited to: · Researching successful programs implemented by other communities and providing recommendations for ways to improve the environmental sustainability of City programs, service, equipment and facilities. · Proposing means to enhance water and energy conservation. · Creating incentives for residents, businesses, developers and organizations to practice environmental conservation and sustainable building. · Incorporate green building standards into the City's Land Development Regulations. · Create incentives for sustainable affordable housing developments. The Green Task Force made substantial progress in inventorying best practices both in the City of Boynton Beach and in other local level governments and provided the City Commission with a comprehensive list of recommendations which was approved by Commission on October 7, 2008. At that point is was crucial to include community input in order to complete the formulation of a Climate Action Plan for the City. The City Commission directed the City Manager to allow staff to continue working on the plan and to incorporate public participation. These alliances would allow the City to interact with residents, businesses and organizations who wish to assist in prioritizing local efforts. Based on the Green Task Force recommendation, the Community Alliance for public participation incorporated key professionals from the community including: . LEED Professionals . Architects 3 3870f735 . Environmental Engineers . Landscape Architects . Transportation Specialists . General Contractors . Non-profit Environmentalists . Utility/Energy Professionals . Environmental Scientists These professionals joined together with other interested members of the community and staff members from the City's Sustainability Team, to create a Green Community Alliance that would continue the efforts of the Green Task Force and explore programs and implementation strategies for incorporation into the Boynton Climate Action Plan. The first meeting of the Green Community Alliance was held on June 1, 2009 with a total of thirty-six (36) members including twelve (12) key professionals, nine (9) citizens and fifteen (15) city staff. From the attending group, five (5) separate sub-teams were created to address the following Green Task Force initiatives: Renewable/Alternative Enerqy & Fuel/Utility Increase use of renewable energy sources Explore the use of alternative fuels for the existing vehicle fleet Develop energy performance contract language for RFP's Explore an Energy Service Company partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in City and CRA buildings. Define City standards for energy-efficiency and renewable-energy criteria when assessing the housing, commercial, and transportation sectors Develop financial, regulatory, policy, and market incentives for development of energy- efficiency and renewable-energy projects and programs, training and incentivizing green jobs, assisting existing local businesses through retention and expansion. Identify opportunities (such as solarlphotovoltaic materials) where a demand for manufacturing exists and develop an economic incentive program to attract green business to Boynton Provide incentives for clean industry Sustainable Construction Develop a green building program Explore partnering with local financial institutions to create a loan fund for climate adapted, energy efficient workforce housing rent-to-own options Land Use/Landscapinq and lrriqation Incorporate climate change adaptation principles into the existing land-use plans Continue to partner with the Treasure Coast Regional Planning Authority on regional land-use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles (also in Transportation) Establish energy-efficiency, climate adaptability and renewable-energy criteria in the Affordable Workforce Housing ordinance. Define low impact, green development incentives Define high impact non-green development disincentives 4 3880f735 Work with the State legislature to formulate a uniform State Tax Credit for private green buildings that meet a minimum level of green certification through one of the nationally recognized green building programs. Education Expand the current recycling program through consideration of alternative methods and increasing public awareness Foster community and citizen involvement in the development and carrying out of our local plan Conduct a public green event; enhance the local green market activities with greater green business participation. Develop and implement a coordinated energy education and public outreach program as well as a training program for local businesses [: TransDortation Investigate workforce transportation alternatives to reduce reliance on individual transportation (Le. mobile workforce programs like teleworking; flexible work hours; 4/10 work days; carpooling policies and incentives; parking solutions) Continue to partner with the Treasure Coast Regional Planning Authority on regional land-use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles (also in Land Use) The five (5) sub-teams met independently two (2) to four (4) times a month for a six (6) month period. The Community Alliance membership came together every two (2) months to share their progress, participate in informational workshops and presentations, and collaborate with the other teams. The following strategies represent the culmination of months of dedication, research and brainstorming to conceive implementation programs, policies and procedures that address the Green Task Force recommendations. 5 389 of 735 COMMUNITY ALLIANCE MEMBERS Renewable/Alternative Energy and Fuel/Utility Sub-Team David Collins Environmental Engineer CDM, Inc. Christine Roberts Asst. Dir. of Public Works City of Boynton Beach George Feldman UtilitylEnergy Professional Petra Direct USA, Inc. Christopher Roschek Water Utilities Manager City of Boynton Beach YUlJ' Konnikov Systems Administrator I Palm Beach County Debbie Majors Grants Coordinator City of Boynton Beach Land Use/Landscaping/Irrigation Sub-Team Bradley Miller Urban Planner Miller Land Planning Consultants, Inc. Leo Urban Landscape Architect Urban Associates, Inc. Eric Johnson Planner City of Boynton Beach Nancy Byrne Asst. Dir. of Development City of Boynton Beach Angela Budano LEED Consultant Mine Your Own Business Betsy Chavez Architect. LEED, A.P. Architectural Services Suzanne Gitto Police Sergeant City of Boynton Beach Mary Jo Aagerstoun, Ph.D. Founder and President So. Fla. Environmental Art Project Inc. Ryan Wheeler Civil Engineer, LEED, A.P. Caulfield & Wheeler, Inc. Kevin Hallahan Urban Forester City of Boynton Beach Sustainable Construction Sub-Team William D. Poist, Sr. Director of Development Compson Associates, Inc. Matthew Ulch Owner's Representative Lighthouse Construction Services, Inc. Wayne Bergman Building Official City of Boynton Beach 390 of 735 Matthew Barnes Urban Planner William Whiteford Urban Planner Team Plan, Inc. Michael Simon Development Manager CRA Steve Myott Architect JMW A Architects Debby Coles-Dobay Public Art Administrator City of Boynton Beach William Wilsher Landscape Artchitect PBC Parks & Rec. Dept. 6 Scott Brunner CiviVEnv. Engineer Broward County Traffic Engineering Division Brian Terry Landscape Architect Land Design South, Inc. Mike Rumpf Planning & Zoning Mgr. City of Boynton Beach Andrew Mack Engineer City of Boynton Beach Erin Wright LEED Consultant Environmental Dynamics, Inc. Jody Rivers Parks Supervisor City of Boynton Beach Transportation Sub-Team James Barton Civil Engineer Chen and Associates Sharyn Goebelt Dir. of Human Resources City of Boynton Beach Jeff Livergood Dir. of PW IEngineering City of Boynton Beach Education Sub-Team Wayne Segal Director of Public Affairs City of Boynton Beach Alan Karjaleinen ITSIW ebmaster City of Boynton Beach Community Alliance Chairperson Carisse Lejeune Asst. to the City Manager City of Boynton Beach Allan Hendricks Landscape Architect Caulfied & Wheeler, Inc. Eric Johnson Planner City of Boynton Beach Hanna Matras Economic Research Analyst City of Boynton Beach Indra Sweeney Administrative Asst. City of Boynton Beach Boynton Beach City Commission 2009 Jerry Taylor, Mayor Woodrow Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner* AT-LARGE DISTRICT II DISTRICT I DISTRICT III DISTRICT IV *Special thanks to Commissioner Marlene Ross for her encouragement and support of the Green Task Force, Sustainability Team and Community Alliance. 391 of735 7 LAN D USE, LAN DSCAPE AN 0 I RRI GA TI ON (LULl) 8 392 of 735 LAND USE, LANDSCAPE AND IRRIGATION (LUll) The first meeting of the LUll team was held on June 1, 2009. Initially, the team was part of a larger sub-team that included building and construction considerations. It was decided, however, that due to the breadth of issues to be discussed, it was more effective to divide into two groups and to meet separately. The LUll team held six (6) meetings between June 1, 2009 and September 28, 2009. A draft report was presented to the Green Community Alliance on July 27, 2009, and a joint meeting of both the LUll and Sustainable Construction (SCAT) teams was held on August 3,2009. The LUll team has focused its time and attention to issues primarily addressing land use, density, workforce housing, landscaping, water conservation, irrigation, site design, and incentives. Goals and Objectives The following primary goals and objectives for the City of Boynton Beach were identified by the LUll team: 1. Comprehensive Plan recommendations 2. Green/Sustainable land development, site design criteria and incentives Each goal/objective is described in more detail below. Specific language has been suggested by the LUll team pertaining to individual sections in the City of Boynton Beach Code of Ordinances. 1. Comprehensive Plan Recommendations: The entire City should be governed by "green" or "sustainable" policies that support the tier initiatives proposed by the LUll team for inclusion in the Land Development Regulations. The City should also consider expansion of the Comprehensive Plan in the form of a separate element to support the recommendations, implementation plans, and efforts put forth by the Community Alliance, Sustainability Team, and Green Task Force, including but not limited to, each entity's final reports, implementation strategies, Energy Conservation Strategies and the City's Climate Action Plan. 9 3930f735 Finally, the City should develop a Master Pedestrian-Bikeway-Greenway- Blueway Plan that connects commercial activity nodes to each other and to existing/proposed residential neighborhoods. The Plan should require redevelopment and new development to build, integrate, and connect to the system through planned dedicated easements and rights-of-way. Suqqested Policv Additions: Policy: Applicants for green projects should demonstrate knowledge and experience with sustainable urban planning and design principals and methods. The building and site design will be expected to incorporate feasible and cost effective approaches to water conservation, ecological enhancement, energy efficiency and production, durable/renewable materials, alternative transportation method, etc. Policy: By April 21, 2010, the City shall draft "green" or "sustainable" Land Development Regulations to promote environmental sustainability and energy efficiency in the community. Policy: The "green" or "sustainable" Land Development Regulations shall consist of a series of tiers or similar sliding scale that provides a variety of incentives to promote new development, and redevelopment of existing structures and incorporates sustainable and energy efficient measures necessary to comply with Florida State Governor Executive Order 07-127. Policy: Incentives that allow a substantial increase in intensity, density, or height shall be limited to only those portions of the City that are designated for intense development, such as the Mixed Use districts. Policy: By April 21, 2011, the City shall develop a Master Pedestrian-Bikeway- Greenway and Blueway Plan that connects significant commercial activity nodes to each other, residential neighborhoods and parks/open space through planned dedicated easements and rights-of-way acquired by or dedicated to the City. The Plan shall require new development and redevelopment to incorporate and connect to the system to the extent practical. (Note: Broward County is following a Master Greenway-Blueway plan that links natural areas, county parks, blueways and greenways developed as an EcoArt project. It is recommended that staff investigate this approach as a possible model.) Policy: All new public buildings shall incorporate EcoArt into the design of the site. (See Section F 2 for what EcoArt can include.) Policy: Workforce housing developments shall be eligible for both workforce housing bonus incentives and green/sustainable bonus incentives. 10 3940f735 2. Green Land Development Design Criteria and Sustainable Site Design Strategies Recommendations: The entire City should be governed by "green" or "sustainable" Land Development Regulations where different "tiers" of design criteria and standards in an overlay district would provide a variety of incentives to landowners/developers, with the general idea that more "intense" incentives are reserved only for parts of the City that are designated for intense development. In order for applicants to qualify for incentives, such as expedited review, projects must meet the minimum requirements to be certified by one or a combination of the following nationally recognized green agency rating systems: · USGBC - United States Green Building Council · FGBC - Florida Green Building Coalition · NAHB - National Association of Home Builders Green Building Program (single family and multifamily homes only) *(Note: The LUll team decided not to include the Green Globes program because it appears to be a Canadian initiated program with limited information on the Web without signing up for the program, lack of information provided about design requirements, and limited examples of completed projects in the USA.) Applicants shall demonstrate to the City of Boynton Beach their intent to comply with an approved certifying agency's guidelines during the submittal/approval stages of the project. This intent may be in the form of a Developers Agreement. The Developers Agreement should be finalized at the time of final site plan approval. During construction, the applicant shall submit monthly reports to the City demonstrating project compliance. Reports shall include written statements from the appropriate registered or licensed professionals regarding the status of the project. If, during the construction process, the applicant cannot meet the original qualifications to obtain a certain certification level, the City may allow the applicant to obtain other green credits to meet the minimum requirements of a green building agency. The alternative credit(s) shall be designed and reviewed during construction by a registered or licensed professional and City staff. The City shall allow comparable minimum credits consistent with one of the above listed programs as designed by a Florida Licensed Professional (architect, landscape architect, or engineer) and approved by City staff. The credit shall be reviewed during construction by the design professional and City staff of as-built- plans. Statistics and documentation of compliance for points earned for the 11 395 of 735 selected program by a LEED AP or third party verification will be required before a Certificate of Occupation is issued for the project. If the applicant fails to submit a timely report, or demonstrate performance (earn a LEED Silver rating), it will result in a penalty. The penalty for failure to submit a timely report is $500 per day from the date due, 90 days after issuance of final Certificate of Occupancy. Failure to demonstrate performance will also result in a penalty. Performance must be demonstrated through an independent report provided by the appropriate governing green agency rating system that confirms achievement of the targeted level of certification. The calculation for the penalty is as follows: P= [(LSM-CE)/LSM] xCVxO.0075 Where P is the penalty; LSM is the minimum credits needed to earn a LEED Silver rating, or LEED Silver minimum; CE is the credits earned as documented through the report; and, CV is the Construction Value as set forth on the building permit for the new structure. Example: CV = $200,000,000; LSM = 33; CE = 32 P= [(33-32)/33] x 200,000,000xO.0075=$45,454.55 All penalties collected will contribute to a Green Building fund, and the funds will be used to support market adoption of green building. Minimum information required by the City for consideration as a green project: 1. Identification of green agency system and anticipated level of certification. 2. Plans and details prepared, signed and sealed by a Florida Licensed Professional indicating design and credits applied to selected green program. 3. Checklist of applied credits. 4. Statistical data, calculations, and specifications indicating how design complies with green credits indicated on checklist. Incorporate design strategies addressing site development, stormwater, wastewater, ecoart, heat, irrigation, pest control, light, and energy into a green ordinance and the land development code for application throughout the City in a tiered system and overlay district. 12 3960f735 The suggested framework for the tiers should include a combination of the following design elements/standards: A. Tier 1 - least intensive, applicable over the entire City regardless of future land use designation and type of development (existing or new or redevelopment) a. Installation of water saving irrigation systems and using captured rainwater for irrigation, fire protection and to flush toilets b. Use of permeable pavements and other innovative techniques to increase on site permeability and reduce size of on site detention basin c. Recycling/reuse of construction debris. d. Installation of pavements with solar reflective index (SRI) of 29 or higher to reduce site heat island effect e. Installation of over size native canopy trees to provide shade f. Installation of "Florida Friendly" landscaping g. Installation of solar panels. h. Integration of EcoArt principles in any green scoring system can increase the scores provided the criterion has been met. (See Section F 2 for what EcoArt can include.) Allow Tier 1 properties to "transfer green development rights" for use in areas of the City that are designated for more intense development (Tiers 2 and 3) if a certain level of green development practices are realized. A green development rights "bank" would be administered by the City (alternatively individuals who earn green development rights could own the development rights outright and be responsible for neogotiating the sale and transfer of the green development rights to an eligible developer). Receiving properties (Tier 3) could purchase green development rights if they qualified by meeting a certain level of green development standards. B. Tier 2 - next most intensive, applicable in the medium and high density and special high density residential and the office commercial, local retail commercial, general commercial and industrial land use categories. 1. Provide technical assistance and perhaps matching grant money for larger existing developments (e.g. multifamily over 150 units, commercial over 100,000 square feet) that want to incorporate items in Tier 1 and other innovative techniques such as creating green streets, green parking lots, or green/white roofs. 13 3970f735 2. For new or redevelopment, allow bonus density on a sliding scale (such as a specific number or a percentage of the base density and intensity) based on a scoring system of how "green" or "sustainable" a project is. Criteria to base the score on could include: a. LEED or other approved rating systems relating to energy and resource efficient site designs and systems. b. Provision of public open space that is connected to a larger network of open spaces via sidewalks and/or bikeways. Certain percentage of provided open space (35%? of the provided open space) must be deemed "useable" open space. c. Allow increased lot coverage and/or FAR for developments that have green roofs and/or provide a tree canopy over and above the code required minimum. d. Provision of community gardens. e. Provision of minimum size and certain species of street trees to create shade canopy over certain percentage of site. f. Provision of energy efficient street lights and controls. g. Provision of energy efficient irrigation and pool pumps and energy efficient pool heaters. h. Provision of on-site greenway/bikeway that connects to public system. 1. Reduced paved ways with provision of "green streets" system of stormwater management. J. Integration of EcoArt principles in any green scoring system criteria can increase the scores provided for those criteria. (See Section F 2 for what EcoArt can include.) Reduce parking requirements based on same scoring system. Allow Tier 2 properties to both "transfer green development rights" for use in areas of the City that are designated for more intense development (Tier 3 and other Tier 2 properties) if certain green development practices are realized, and receive green development rights from Tier 1 properties. A green development rights "bank" would be administered by the City (alternatively individuals who earn green development rights could own the development rights outright and be responsible for neogotiating the sale and transfer of the green development rights to an eligible developer). Receiving properties (Tier 3 and other Tier 2 properties) could purchase green development rights if they qualified by meeting certain green development standards. c. Tier 3 - most intensive, applicable in all of the mixed use land use categories in the City. 1. For new development or redevelopment, allow bonus density on a sliding scale (such as a specific number or a percentage of the base density and 14 3980f735 intensity) based on a scoring system of how "green" or "sustainable" a project is. The scoring system would be based on the same items in Tier 2. 2. For new or redevelopment, bonus height of either 1 story (for all mixed use categories except the mixed use core) or 2 stories (for the mixed use core FLU category) if certain score is met on the green scoring system. 3. Further reduced parking requirements based on the green scoring system. 4. Integration of EcoArt principles in any green scoring system criteria can increase the scores provided for those criteria. (See Section F 2 for what EcoArt can include. Allow Tier 3 properties to transfer green development rights from the "green bank," which is "funded" by lower intensity properties that exceed certain levels of green development criteria. Special Tier(s) - examine whether to designate certain areas on the FLU map specifically for more intense green overlay incentives. Two specific areas could include the Boynton Beach Boulevard corridor and the Heart of Boynton. Other targeted areas could be identified through citywide or area wide "charrette" type of community meetings. Perhaps include a specific "Brownfield" Tier that would convey special incentives. Perhaps use the CRA boundary as a logical green incentive area since the area has been designated for redevelopment. D. Site Development Criteria 1. Require a Construction Activity Pollution Prevention Plan in accordance with a SFWMD or DEP permit. 2. Avoid development of inappropriate sites or portions of sites that include: a. Prime farmland. b. Undeveloped land with elevations lower the 5 ft. above 100 year flood. c. With threatened or endangered species. d. Within 100 ft. of wetland (retention ponds exempt) as defined by U.S. Code of Federal Regulations 40CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule. e. Undeveloped land within 50 ft of water body, defined as seas, lakes, rivers, streams and tributaries which support fish, recreation consistent with the terminology of the Clean Water Act. f. Public parkland and open space. 15 3990f735 3. Development Density & Community Connectivity. a. Develop in areas with existing infrastructure and transportation systems. b. Provide pedestrian, disabled persons, and bike connectivity to public transportation and community services. c. Provide secure and protected bike storage, park benches and trash receptacles along connecting pedestrian connections. 4. Protect or Restore Habitat for Biodiversity. a. Protect or relocate exiting native trees and palms on site. b. Remove invasive plants to protect natural habitats. c. Greenfield Sites limit site disturbance immediately around construction. d. Previously developed or graded sites, restore or protect with native or adapted plants. 5. Maximize Open Space. a. Exceed zoning open space requirements on development sites. b. Provide pedestrian and bike access to community open space to encourage walking, bike riding and outdoor physical activity. Design access to community open spaces keeping the non-vehicular user in the forefront of design. 6. Site Buildings to take Advantage of Natural Cooling & Ventilation. a. Site building with elongated east-west direction to permit more windows on the north and south sides for day lighting, views, and cross ventilation and to provide the most roof area for current or future solar panels. b. Shade south (if no solar panels) and east and west facades and windows with trees and palms to reduce building heat gain. Provide shadow simulation model of site location to illustrate shadow coverage of trees and palms at 10 am, noon, and 3 pm on the summer solstice. c. Allow green developments to utilize the City's waiver process (instead of a variance) for variations to site development criteria such as setbacks, that are necessary to allow the proposed building to take advantage of natural cooling and ventilation features of the site. 16 400 of 735 7. Green Power. a. Use of wind, solar cells, geothermal or low-impact hydro source for power and solar heat pump for domestic hot water. b. Purchase of Renewable Energy Certificates or Tradable Renewable Certificates. c. Encourage underground power lines to avoid conflicts with trees that provide shade to reduce heat island effect from paved and building surfaces. d. Protect existing trees when locating utility lines. E. Stormwater Design 1. Provide quantity and quality control as require by applicable codes and green agency standards. 2. Stormwater Management Plan to comply with the most recent update of the "Stormwater Best Practice Design Guide", EPA/600/R-04/121A, and South Florida Water Management District "Management and Storage of Surface Waters Permit Information Manual", Volume IV, and Statewide Stormwater Rule, when adopted. 3. Promote infiltration, vegetated roofs, pervious paving/grid pavement, rain gardens, French drains, exfiltration trenches, construct wetlands with littoral plantings, bioswales, swale traffic islands with curb openings, permeable pavement or stone for car overhang areas, provide curb openings or wheel stops to allow stormwater to drain into vegetated swale areas. 4. Encourage rain gardens, water sculpture gardens, and using on site bioremediation and bioretention techniques for purification of stormwater, chiller condensate water and reclaimed waste water using microorganisms and plants to remove contaminants from stormwater and soils. 5. Capture rainwater from roof tops, paved surface areas and chiller condensate, store in cisterns and treat naturally or mechanically for reuse to flush toilets and urinals, fire suppression and for landscape irrigation. 6. Use permeable pavements, washed stone base retention under pavements and underground rain tank retention in stormwater calculations to reduce detention/retention basin size and required stormwater structures and offer developers an increased building density incentive. 7. Use permeable pavement for sidewalks to promote stormwater infiltration and to support street tree survival and provide shade. 17 401 of735 8. A minimum of 50 percent of all paved surface areas on a site shall be pervious pavement. F. Ecological Art 1. EcoArt planning and design should be included in the initial stages of all projects; and is expected to be site specific and integrated with projects' environmental context, contributing to other sustainable or regenerative aspects of the plan or building. 2. EcoArt includes: a. Art that can inform and interpret nature and its processes or educate the public about environmental problems and solutions. b. Artwork that can be connected with nature through forces powered by water, wind, lightning and other natural phenomena. c. Artwork that assists in reclaiming and remediating damaged environments and/or restoring ecosystems in artistic ways. d. Establishing new ways to connect with the environment through art. e. Use of artistic means to provide shade and renewable energy. f. Use of artistic ways to capture, purify and re-use stormwater. g. Use of artistic ways to clean and re-use grey and black water. h. Although the City Art in Public Places program currently requires 1 % of construction value of the project to go toward the cost of public art; and EcoArt is an acceptable form of public art, to receive additional credits under green scoring criteria, EcoArt should considerably surpass this 1 % required value. G. Innovative Wastewater Technologies 1. Capture and store graywater for reuse in irrigation, fire protection, toilets, and urinals. 2. Treat black water on-site to tertiary standards using packaged biological nutrient removal systems, constructed wetlands using plants and gravel to further purify the water for reuse for irrigation, for on site infiltration to replenish groundwater and, if Health Department approves, to flush toilets and urinals. H. Heat Island Effect 1. Provide a combination of the following strategies for site hardscape including roads, sidewalks, courtyards and parking lots for 50% or more: a. Shade paved surfaces within 5 years of occupancy. b. Paved surfaces with a Solar Reflective Index of a least 29 or better. 18 4020f735 c. Open grid pavement system. d. Shade with trees/palms, trellises, living walls, or other shade structures, building facades, windows, walkways and access drives to reduce heat gain in buildings and associated energy demand. e. Provide under roof parking with SRI of 29 or greater or green roof. f. Provide street tree plantings to provide shade on roadways and public sidewalks. 2. Follow University of Florida IFAS standards for planting street trees adjacent to paved areas and volume of soil required to sustain ultimate size trees/palms. 3. Use FPL standards for planting in proximity of overhead power lines and adhere to applicable State statutes. 4. Street Tree/Palm pruning and care shall comply with the International Society of Arboriculture (ISA) Standards. 5. Provide shadow simulation model of site location to illustrate shadow coverage of vegetation at 10 am, noon, and 3 pm on the summer solstice to document shaded areas. I. Water Conservation & Irrigation 1. Reduce potable water or other natural surface or subsurface water resources available on site or near project site for irrigation. 2. Reduction shall be attributed to a combination of the following methods: a. Use of drought tolerant native and adaptive plant species. b. Irrigation head efficiency. c. Irrigation controller efficiency sensor (smart controller and/or soil moisture sensors). d. Use of captured rainwater & chiller condensate water. e. Use of gray water or recycled wastewater. f. Use of water treated and conveyed by a public agency specifically for non-potable uses. 3. Use "Florida-Friendly" drought tolerant native or adaptive plants with lower water and maintenance needs (no invasive plants). Planting designs shall comply with City adopted "Florida-Friendly Ordinance" SB 2080. Use high-efficiency equipment and climate based controllers, captured roof or parking lot storm water, chiller waste water, gray water and store in cisterns for re-use for irrigation. Use mulch, groundcovers. wildflowers and native grasses in place of sod. Do not use cypress mulch. 19 4030f735 c. Open grid pavement system. d. Shade with trees/palms, trellises, living walls, or other shade structures, building facades, windows, walkways and access drives to reduce heat gain in buildings and associated energy demand. e. Provide under roof parking with SRI of 29 or greater or green roof. f. Provide street tree plantings to provide shade on roadways and public sidewalks. 2. Follow University of Florida IFAS standards for planting street trees adjacent to paved areas and volume of soil required to sustain ultimate size trees/palms. 3. Use FPL standards for planting in proximity of overhead power lines and adhere to applicable State statutes. 4. Street Tree/Palm pruning and care shall comply with the International Society of Arboriculture (ISA) Standards. 5. Provide shadow simulation model of site location to illustrate shadow coverage of vegetation at 10 am, noon, and 3 pm on the summer solstice to document shaded areas. I. Water Conservation & Irrigation 1. Reduce potable water or other natural surface or subsurface water resources available on site or near project site for irrigation. 2. Reduction shall be attributed to a combination of the following methods: a. Use of drought tolerant native and adaptive plant species. b. Irrigation head efficiency. c. Irrigation controller efficiency sensor (smart controller and/or soil moisture sensors). d. Use of captured rainwater & chiller condensate water. e. Use of gray water or recycled wastewater. f. Use of water treated and conveyed by a public agency specifically for non-potable uses. 3. Use "Florida-Friendly" drought tolerant native or adaptive plants with lower water and maintenance needs (no invasive plants). Planting designs shall comply with City adopted "Florida-Friendly Ordinance" SB 2080. Use high-efficiency equipment and climate based controllers, captured roof or parking lot storm water, chiller waste water, gray water and store in cisterns for re-use for irrigation. Use mulch, groundcovers, wildflowers and native grasses in place of sod. Do not use cypress mulch. 19 4030f735 4. Separate "Hydrozones" for groups of plants with similar water and irrigation needs and climatic requirements. Separate zones for irrigation head types (sprays, rotors, and drip or flood bubblers) because they have different precipitation rate requirements. Irrigation designs shall comply with City adopted "Landscape Irrigation & Florida-Friendly Design Standards" SB 494. 5. No Potable Water Use or Irrigation (ALTERNATIVE) a. Eliminate potable water or other natural surface or subsurface water resources available on site or near project site for landscape irrigation; b. Use only captured rainwater, recycled wastewater, recycled graywater, condensate chiller water, water treated and conveyed by a public agency specifically for non-potable uses for irrigation; or c. Install landscaping that does not require permanent irrigation systems. Use temporary irrigation systems for plant establishment for one year from installation. J. Pest Prevention and Control 1. Provide stone mulch with aluminum or PVC edging from foundation to 1 ft. beyond drip edge of building (no wood edging or stakes). 2. Use mechanical traps or non-toxic traps to capture pests. 3. Keep all plants and vegetation 3 ft. from building foundation. 4. Irrigation line locations next to buildings shall comply with Florida Building Code. 5. Keep irrigation from spraying onto buildings. 6. Direct stormwater from roofs and paved areas away from building foundation. 7. Use pet safe grade diatomaceous earth sprayed 3 ft. up outside walls and 3 ft. of ground as a preventative measure for termites, ants and other insects. 8. Use Florida Building Code approved non-chemical soil treatment methods, such as Termimesh, for foundation protection. 20 4040f735 K. Light and Energy Use Reduction 1. Projects to be classified under zones as defined by IESNA RP-33 for light trespass design criteria and site lighting densities as defined by ASHRAE 90.1-2004 (Table 9.4.5). 2. For sites that have a SRI of 29 or more for paved parking areas provide foot candle calculations that indicate the reduced energy demand for increased pavement reflectance. 3. Illustrate foot candle reduction resulting form buildings, walls, trees, etc. on light trespass reduction onto adjacent sites. 4. Use efficient site lighting such as down reflected LED, Fluorescent and Metal Halide fixtures in 3000K range lighting sources or use of solar powered street lights, motion activated lights, set on timer and with cut off luminaries. 5. All exterior building grounds luminaries that operate at greater than 100 watts shall contain lamps having a minimum efficacy of 60 lumens per watt unless the luminaries is controlled by a motion sensor or qualified for one of the exemptions under Section 13-415.0 and 13-415.ABC.. .ABC.2.2 of the Florida Building Code. 6. Use energy efficient pool/filter and irrigation pumps and solar pool heating circulated with a solar powered pump or Energy Star rated heat pump. L. Innovative Site Design 1. Encourage the use of innovative methods and green products over and above the highest standards in the code and award incentives/points for creative site design. The green industry is continually changing with new materials and products introduced into the market every day. 2. Encourage the continuation of suitable green methods established on adjacent properties. Recommendations: The City shall offer incentives to applicants who demonstrate their intention to obtain certification for a building or project from an approved "green" building agency. This intention shall be demonstrated in the form of a Developers Agreement between the City and the applicant. Incentives shall be based on the merits of the project. 21 4050f735 The City shall annually publish, and update as necessary, a list of approved green building agencies and standards. The incentives must allow a developer to meet the specifications of at least one agency approved by the City. Possible incentives to include: Below is a list of potential incentives the City can provide green projects: 1. Expedited Review a. Intent to comply with an approved certifying agency's guidelines required (e.g. Developers Agreement). b. Based on sliding scale of the following factors: building size (sf), number of units, lot size, environmental impact, etc. c. Based on zoning/land use consistency and Citywide impact of development. 2. Reduced Fees a. Based on sliding scale of intensity/density of proposed project. b. Reduce fees (Planning & Zoning; Building; Utilities; Fire; Recreation & Art in Public Places) allowed due to rigorous review and building commissioning required by certification agencies. 3. Bonus Development a. City retains the right to allow certain development benefits. b. Based on the proposed green aspects of the proposed project. c. Additional density based on the Tier system. d. Additional FAR based on the Tier system. e. Additional building height based on the Tier system. f. Reduction in required parking as swap for green space. 4. Matching Grant Funding and Assistance a. City can match all, or a portion, of grants that a proposed green project may obtain from the county, state, and federal levels. b. City can assist applicant with obtaining grants for the proposed project. S. Reduced Meetings a. If land use and zoning are consistent, City Council meetings may not be necessary. Site Plans could be reviewed and approved administratively or by the Planning and Development Advisory Board. b. Based on size and scope of project. 22 4060f735 6. Focus Groups a. Conduct focus group or workshops with interested parties to exchange information and ideas to accomplish green community development. 7. Tax Exemptions a. Green projects may be eligible for local tax exemption if the applicant can provide market analysis for job creation and an overall viable development. b. Follow CHAPTER 23, ARTICLE V - Tax Exemptions for Green Building Projects, attached as Exhibit A. 407 of 735 23 EXHIBIT A (Proposed Tax Exemptions for Green Building Projects) CHAPTER 23, ARTICLE V - Tax Exemptions for Green Building Projects Sec. 23-55. Definitions. As used in this article, the following words and phrases shall have the meanings set forth below: GREEN BUILDING PROJECT - New development projects that incorporate the practice of increasing the efficiency with which buildings use resources, including: energy, water and materials - while reducing building impacts on human health and the environment during the building's lifecycle, through better siting, design, construction, operation, maintenance, and removal. IMPROVEMENT - Repair, construction or reconstruction, including alterations or additions, having the effect of rehabilitating a property so that it becomes a green building project and conforms to a nationally recognized green building standard and rating system. Ordinary upkeep and maintenance shall not be deemed an "improvement." LOCAL GOVERNING BODIES - The City Commission of Boynton Beach, Florida and the Boynton Beach CRA. LOCAL TAXING AUTHORITIES - The City of Boynton Beach and the Boynton Beach CRA. Sec. 23-56. Designated exemption areas. A. For purposes of determining tax abatement areas within the City of Boynton Beach, the City Commission of Boynton Beach has designated properties within the City limits in accordance with the plan attached as Exhibit A. B. For purposes of determining tax abatement areas within the Boynton Beach CRA, the Boynton Beach CRA has designated properties within the CRA limits in accordance with the plan attached as Exhibit B. 24 408 of 735 Sec. 23-57. Amount of exemption. The amount to be exempted shall be limited to the additional valuation attributable to the actual costs of improvements. Sec. 23-58. Exemption schedule. A.Exemptions granted under this article shall be as follows: Exemption Year (percent) 1 100% 2 80% 3 60% 4 40% 5 20% B.The exemption from taxes granted under this article shall be upon the property and shall not terminate upon the sale or exchange of the property. Sec. 23-59. Notice to taxpayers; application for exemption; required information. A.There shall be placed on the form application for the building and zoning permits the following: Notice to Taxpayers Under the provisions of the City of Boynton Beach Ordinance No. XX-_, you may be entitled to a property tax exemption on your contemplated green building project. An application for exemption may be secured from the and must be filed with the City Clerk of the City of Boynton Beach at the time a building permit is secured. B.At the time a building permit is secured for the construction of an improvement for which an exemption is requested, the taxpayer shall apply to the City of Boynton Beach City Commission for the exemption provided for in this article. Request for the exemption must be in writing, certified in full as prescribed by the City of Boynton Beach, setting forth the following information: (1) The date the building permit was issued for said improvements, (2) The type of improvement. (3) The summary of the plan of the improvement, including the desired green building rating system and desired level of green building certification. (4) The cost of the improvement. (5) Any or all such additional information required. 25 4090f735 Sec. 23-60. Procedure for obtaining exemption; appeals. A copy of the request for exemption shall be forwarded to the [tax assessor?] by the City of Boynton Beach. Upon completion of the improvement or new construction and certification of the green building project, the taxpayer shall notify the City of Boynton Beach so that it may have the Assessor assess the improvements separately for the purpose of calculating the amount of assessment eligible for tax exemption in accordance with the limits established in this article. The City of Boynton Beach will then obtain from the Assessor the amount of the assessment eligible for exemption and will notify the taxpayer. Appeals from the reassessment and the amount eligible for the exemption may be taken by the taxpayer or the City of Boynton Beach as provided by law. Sec. 23-61. Termination. Unless otherwise repealed by the City of Boynton Beach City Commission, this article shall terminate on . Nothing contained herein shall act to prohibit the City of Boynton Beach City Commission from enacting a similar ordinance or extending this one. Any property tax exemptions granted under the provisions of this article shall be permitted to continue according to the exemption schedule even if this article expires or is repealed. 26 410 of735 -- -- -. r TRANSPORTATION (" 27 r 411 of735 TRANSPORTATION The Transportation Sub-Team was created as one of the task teams resulting from City of Boynton Beach Green Task Force. The Transportation Sub-Team was charged with addressing the following two (2) Green Task Force Initiatives: 1. Investigate workforce transportation alternatives to reduce reliance on individual transportation (Le. mobile workforce programs like teleworking; flexible work hours' 4/10 work days; carpooling policies and incentives; parking solutions) 2. Continue to partner with the Treasure Cost Regional Planning Authority on regional land-use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles (also in Land Use) Early on in the process, the Transportation Sub-Team began discussing the various transportation issues and opportunities associated with Transportation Green Initiative #1, and developing potential programs, policies, strategies and recommendations for near-term and long-term implementation. The Sub-Team formulated a working philosophy that the city (city staff) should take the lead on implementing many of the identified initiatives and strategies, and use what is learned from those internal city activities to expand the programs out into the general Boynton Beach Community. The first Transportation Green Task Force Initiative outlined above was the first of several transportation strategies evaluated by the Sub-Team. The second initiative pertaining to coordination with the Treasure Coast Regional Planning Authority was later determined to be an activity to be undertaken by City of Boynton Beach Planning Staff rather than by the Transportation Sub-Team, so therefore the Transportation Sub-Team focused on the first initiative, and other newly identified initiatives. TRANSPORTATION GREEN TASK FORCE INITIATIVE #1: Investigate workforce transportation strategies to reduce reliance on individual transportation Early on, the Transportation Sub-Team believed that the above initiative should be re-worded and modified to be more specific and quantifiable. The new working version of the initiative was renamed as a "strategy" and modified as follows: 28 4120f735 STRATEGY T-1: Reduce City of Boynton Beach employee vehicle miles traveled (vmt) and vehicle hours traveled (vht) through implementation of city-initiated programs The Transportation Sub-Team spent the first several team meetings researching, investigating and evaluating various potential programs and strategies that would support the overall goals and objectives of Strategy T -1. With each bi-weekly Sub-Team meeting, many concepts were identified, researched and discussed by the Sub-Team Members, with several concepts moving forward for favorable consideration and evaluation, while a few other concepts were eventually eliminated from further consideration. In conclusion, twelve (12) sub-strategies to "Transportation Strategy T-1" were identified for immediate implementation, future implementation, or further consideration and evaluation. The twelve sub- strategies, and the current status of the action taken on these items, are discussed below: Strategy T-1-1: Adopt a City Car Pooling Policy & Guidelines Researching and implementing an employee carpool program and corresponding carpool policy manual was one of the first tasks undertaken by the Transportation Sub-Team. Several members of the Sub-Team actually started their own carpool program to familiarize themselves with carpooling, and to directly evaluate and report its operations to the rest of the Sub-Team. The Sub-Team also researched and evaluated other carpooling/ridesharing programs, and consulted with the Florida Department of Transportation South Florida Commuter Services organization for technical assistance and insight. Based on the research performed, the Sub-Team has produced a draft City of Boynton Beach Car Pooling Policy & Guidelines for city employees (Exhibit 1). The Transportation Sub-Team recommends that the draft Car Poolinq Policy & Guidelines be further refined and approved by the City Administration and ultimately incorporated into the city's final Climate Action Plan. Strategy T-1-2: Implement GIS-Based Employee Car Pooling Program & Electronic Bulletin Board In conjunction with Strategy T-1-1, the Transportation Sub-Team wanted to accomplish the start of a formalized Car Pooling Program for city staff utilizing a GIS-based locational system and electronic bulletin board that would allow potential carpoolers to identify potential employees who live near by or along their commute route, and contact each other electronically. The first steps of the pilot program are already in process, and technical coordination has been made to solicit the assistance of South Florida Commuter Service (SFCS) in developing the system. An initial "email-blast" survey performed in October resulted in 89 initial respondents for the program (attached as Exhibit 2). Next steps include the following based on coordination with South Florida Commuter Services: 29 413 of735 1) Create a 12-month calendar with initiatives. 2) Design an Action Plan to include: a) Scheduling of a "Transportation Day Event" for city employees in January 2010. i) Include representatives from Palm Tran, Tri-Rail and Van Pooling. ii) Invite the employees to "meet their carpool match." iii) Provide employees with a "Transit Try-It" free ticket for Palm Tran or Tri-Rail. b) Implement the carpool/vanpool preferential parking program (SFCS will provide signs and administer the program). c) Implement program for new city hires to be provided with a packet regarding alternate methods of transportation. d) Establish a location in City Hall and the Library to include posters and brochures regarding altemate methods of transportation. e) Distribute a quarterly correspondence via email to city employees encouraging employees to modify their current commuting practices and consider alternate modes of transportation. f) Launch a web site linked to the main SFCS webpage for City employees. The Transportation Sub-Team recommends that the above-described Employee Car Poolino Prooram and Electronic Bulletin Board Prooram be formally evaluated and approved by the City Administration and ultimately be incorporated into the final Climate Action Plan. The Transportation Sub-Team also recommends that a Post-Implementation Report be provided to the City Administration approximately one-year after implementation of the proqram. Followinq the first-year implementation period. and presentation of the Post- Implementation Report, a community outreach proqram should be initiated to encouraoe maior employers within the City of Boynton Beach to undertake similar carpoolinq proqrams. Strategy T-1-3: Develop and Adopt a High-Occupancy Vehicle Incentive Program through Preferred Parking Incentives, etc. Consistent with Strategies T-1-1 and T-1-2, the Transportation Sub-Team recognized that a City Ridesharing Program could be enhanced or further facilitated by an associated incentive program. One of the most feasible incentives was the concept of preferential parking provided for carpool vehicles at city office buildings, and possibly even the creation of "carpool teams" that could devise unique competitions and programs for encouraging carpooling among staff. The Transportation Sub-Team did not reach a final recommendation on exactly what incentives should be implemented, but recommended that a special task team or subcommittee be created to further evaluate and determine the details of such an incentive program. The Transportation Sub-Team therefore recommends that preferential parkina or other incentives be formally evaluated by a special task team. and that the City Administration approve the creation of such a task team for this purpose. 30 4140f735 Strategy T-1-4: Adopt a City Telecommuting Policy Manual The Transportation Sub-Team identified the concept of "telecommuting" as a potential trip-reduction, energy-saving and cost-reduction strategy that is currently being utilized by both public sector and private sector entities. The concept involves city employees working at home for designated periods and completing their work tasks via internet or phone communications. Because this concept involves employees working from home and not on city-owned property, there are several legal and policy issues that need to be considered. Also, given the current economic and budgetary environment in which many public agencies are facing reductions in work force, it is recognized that now may not be a particularly good time to have employees not physically visible on-site, even if there are some environmental and economic benefits in doing so. Nevertheless, telecommuting can be a beneficial cost-saving and energy-saving strategy under the appropriate parameters. At this time, the Transportation Sub-Team has drafted a City Telecommuting Policy Manual (Exhibit 3). The Transportation Sub-Team recommends that the draft TelecommutinQ Policy Manual be refined, and a final version be presented to the City Administration for adoption. Strategy T-1-5: Adopt a City Policy for all City Operations to Reduce Miles Traveled and Hours Traveled by Considering Efficiencies in Scheduled Meeting Times and Locations The Transportation Sub-Team identified the daily travel operations of city staff, particularly with regards to inter-departmental meetings and field visits, as an area in which vehicle miles and vehicle hours traveled by city staff could be reduced. The Sub-Team determined that with adequate advanced planning and some modest technology improvements, the amount of time and vehicle miles traveled by staff could be reduced by eliminating and/or better consolidating meeting attendance and travel. In response, the Transportation Sub-Team has drafted a set of City Operational Procedures to Reduce Vehicle Miles Traveled and Vehicle Hours Traveled. (This draft document is attached as Exhibit 4). The Transportation Sub-Team recommends that the draft of the Operational Procedures Manual be further evaluated and refined by city staff, and a final version be presented to the City Administration for adoption. Strategy T-1-6: Develop a Vehicle Idling Policy for All Applicable City Vehicles The Transportation Sub-Team researched and determined that many governmental agencies have recently adopted vehicle idling policies in order to reduce fuel consumption and reduce greenhouse gas emissions. Certain types of city vehicles, such as police cruisers and other vehicles that must remain on in order to support various types of energized communications and power equipment would be exempt from the policy, however, it is anticipated that such a 31 4150f735 policy would be applicable to a significant portion of the city's vehicle fleet. After researching similar policies enacted by other government agencies, the Transportation Sub-Team has prepared a draft City of Boynton Beach Vehicle Idling Policy, attached as Exhibit 5. The Transportation Sub-Team recommends that the draft policy be presented to the City Manaaer for approval. Strategy T-1-7: Implement Compressed 4-Day Work Week for City Employees (already implemented by City). This strategy, which is aimed at comprehensively reducing overall operational and energy costs by compressing most city business activities into a four-day regular workweek, was already in the process of being implemented by the city when the Transportation Sub-Team was formed. The four-day work week has now been formally implemented by the city, and preliminary reports indicate a reduction in monthly FPL electric energy usage by approximately 22%. A follow- up survey is scheduled to be sent to approximately 140 city staff-members on December 1 , 2009 to gather input and feedback regarding the implementation of the 4-day workweek. Strategy T-1-8: Evaluate (and Adopt if Feasible) a Furlough Policy to Close City Offices for One Full Week a Year as an Energy Cost and General Cost Reduction Strategy This strategy, which is being considered for implementation by many governmental agencies, is aimed at comprehensively reducing energy and transportation-related costs by creating a mandatory furlough period by closing all non-essential city business activities for a full week, such as around the winter holidays (nine consecutive calendar days); or by some other means. The Transportation Sub-Team is presentina this concept as a potential areenhouse !:las and eneray-reduction strateay. However. due to the fact that it has a direct financial impact on some. but not all city employees. no specific recommendation is beina provided by the Transportation Sub-Team other than it be further evaluated by city staff as a possible !:lreenhouse !:Jas and ener!:Jy reduction strateay. and only if the upcomina budaet process demands a need for this type of initiative. Strategy T-1-9: Evaluate (and Implement if Feasible) Provision of Alternate and/or Fuel Efficient Vehicles (such as Segways or Hybrid Vehicles) for Short-Distance Trips Made by City Employees (concepts being discussed- suggested policy to be drafted) As an extension of Strategy T-1-5, the Transportation Sub-Team determined that any necessary trips required to be made by city staff that could not be otherwise eliminated or consolidated, and also do not require specialized vehicles (such as police vehicles or construction vehicles), be made using alternate or fuel-efficient fleet vehicles ("pool cars"). Very short trips could be made using SmartCars or 32 4160f735 even possibly Segways. The determination of what types of vehicles should be introduced into the fleet would require an economic life-cycle analysis, but it is intuitive that larger-size, high-maintenance and low mpg vehicles should not be used for routine trip making by city staff. The Transportation Sub-Team recommends that a Task Team be created to soecificallv analvze and evaluate potential beneficial chanaes to the citv fleet's vehicle mix in order to phase out low mpa vehicles for more fuel efficient vehicles. and potentially implement alternative vehicles such as SmartCars. Seawavs and bicycles. Strategy T-1-10: Further Research and Provide Recommendations Regarding Bicycle Amenities for City Staff as Part of Facilities Planning and Capital Budget Processes The Transportation Sub-Team identified a probable need for better on-site bicycle amenities at city facilities. It is recognized that the South Florida climate is not very conducive to bicycle commuting, however, commuter bicycle trips may be increasing due to economic conditions and the increased availability of bike racks on Palm Tran busses and Tri-Rail for which potential bike commuters can vary the proportion of their trip based on how much they want to bike versus how much they want to take advantage of transit. Either way, the bike/transit trip does not require the use of a privately owned automobile. The Transportation Sub-Team therefore recommends the followinq: 1. Provide secure bike lockers and bike racks at all city office facilities. 2. Provide, where feasible, office shower facilities for bicycle commuters. 3. Provide biking incentives such as city-owned commuter bicycles available to city employees, helmets, t-shirts, training and safety sessions. 4. Establish an information program (possibly a bicycle-club program) that could put potential bicycle commuters in contact with each other. Strategy T -1-11: Further Research and Make a Recommendation Regarding "Shuttle" between the Boynton Tri-Rail Station and City Offices The Transportation Sub-Team has identified potential deficiencies regarding existing surface-transportation service to the Boynton Beach Tri-Rail Station located in the northwest Quadrant of the 1-95 @ Gateway Boulevard interchange. The Sub-Team noted deficiencies in bus service and headways, and very limited other types of circulator service connectivity to this station, which generally makes it undesirable for City of Boynton Beach commuters. The Transportation Sub-Team recommends the followina tasks be undertaken by a future Task Team: 1. Research and evaluate current transit service routes and headways serving the Tri-Rail Station. 2. Investigate the need/demand for connectivity between the station and City of Boynton Beach City Offices. (A spare city vehicle can be used to "shuttle" city employees back and forth. The idea of an older, used police vehicle, nicknamed "Copper- Hopper," was discussed for this purpose). 33 4170f735 3. Investigate and evaluate other potential linkages between this Tri-Rail station and other major employment, commercial and recreational destinations that could benefit from improved connectivity. 4. Determine if a city-initiated "shuttle" between the station and city offices is viable. 5. Initiate a public outreach program to major city employers and commercial centers to potentially support and/or participate in establishment of local connector service to the station. 6. Solicit the assistance of South Florida Commuter Services in carrying out Tasks 1 through 5 above. Strategy T-1-12: Further Research and Provide Future Report on Potential Feasibility of Workforce Housing, On-site Day-Care, In-house Cafes and Other Trip-Savingrrime-Saving Capital Amenities. The Transportation Sub-Team has identified several potential strategies that would reduce and consolidate employee trip-making demand relative to home- based trips and non-home-based trips associated with the daily office routine. In addition to travel time and fuel reduction, these strategies could potentially make employment at the City of Boynton Beach more attractive and more economical for current and future potential employees of the City. These strategies will require research, planning and capital investment to implement. The Transportation Sub-Team recommends the followina tasks be undertaken by a future Task Team: 1. Research, evaluate, and make recommendations (including funding mechanisms) for attainment of workforce housing units for City employees. 2. Investigate the need and financial feasibility for establishing an on-site day-care facility for the children of city employees. 3. Investigate and evaluate on-site services and amenities, such as on-site cafes, coffee-shops, dry-cleaning pick-up & delivery services, etc. Strategy T -2: Evaluate and Improve City-Wide Bicycle Facilities Network The Sub-Team has identified the city's bicycle facilities network as an area that can assist in the reduction of single-occupancy vehicle use, reduce emissions, provide commuter trip-making as well as recreational and social trip opportunities, and assist the transportation disadvantaged. The Transoortation Sub-Team recommends the followina tasks be undertaken by a future Task Team: 1. Research and evaluate the city's Comprehensive Plan, Bicycle Facilities Plan and Greenways Plan as it pertains to bicycle facilities. 2. Research and evaluate the city' Land Development Regulations pertaining to requirements and policies relative to developer provision of bicycle facilities and amenities. 34 4180f735 3. Research and coordinate with FDOT and Palm Beach County regarding bicycle facilities on their jurisdictional roadways. 4. Research and evaluate feasibility of establishing designated bike routes/greenways along South Florida Water Management District (SFWMD) canal rights-of-ways (such as the C-16), and canal rights-of- ways of other drainage agencies. 5. Identify ways to improve amenities for city employees that bike to work. 6. Investigation with Police Department to identify high bicycle crash areas. 7. Evaluate and develop potential bicycle linkages between major employment, commercial and recreational destinations. 8. Perform preliminary "opportunities & constraints" assessment of existing city bicycle network. 9. Develop an interactive bicycle map website for city-wide bicycle facilities, routes and destinations, including input provided by cyclists, and a bicycle hazards and "road rage" reporting link. 10. Provide specific recommendations for the development of an integrated Citywide Bicycle Master Plan. 11. Provide specific recommendations regarding the city's Land Use Recommendations pertaining to developer-funded bicycle facilities and amenities. 12. Grant the city the authority to require, where feasible, that logical and/or potential bicycle route linkages be dedicated by right-of-way dedications or easements by new development or redevelopment. Such authority shall be granted and specified by City Ordinance, and further supported by the city's Land Development Regulations. 13. Provide recommendations on creating a City Bicycle Facilities Map with routes, "bike friendly corridors" and potential bicycle points of interest. 14. Provide recommendations on a city-initiated bicycle safety program. 15. Identify potential grant funding sources for bicycle facilities enhancements and safety programs. Strategy T-3: Develop Comprehensive Planning Objectives and City land Development Regulations to Support Federal Initiatives pertaining to Complete Streets The Safe and Complete Streets Act of 2008 was introduced by U.S. Representative Doris Matsui on May 2, 2008 for the purpose of making the nation's roadways accessible to altemate modes of transportation, and ensuring that roadways are designed and operated to enable safe access to motorists, pedestrians, cyclists, and riders of public transit. The act requires states that receive federal funding for roadway improvement projects to implement Complete Street policies. These policies would ensure that any new road construction or rehabilitation efforts would accommodate the safety and convenience of all users of the transportation system. It is intended to improve pedestrian safety for nearly one-third of Americans who do not drive; encourage healthy and active lifestyles; and fight climate change and reduce greenhouse 35 4190f735 gas emissions by encouraging people to drive less. Although there are specific regulations pertaining to federally-funded projects, the concepts are far-ranging, and represent best practices for sustainable communities and livable streets at all levels. In response. the Transportation Sub-Team recommends the followina tasks be undertaken bY a future Task Team: 1. Monitor Federal and State legislation, regulations, policies and guidelines pertaining to Complete Streets concepts. 2. Incorporate Complete Street concepts into all applicable aspects of the city's Comprehensive Planning Process, including Evaluation and Appraisal Reports. 3. Draft City Ordinances supporting the implementation of Complete Streets concepts. 4. Develop a city guide of recommended practices regarding the planning, design, implementation and operation of Complete Street concepts. 5. Develop specific minimum standards and criteria for Complete Streets to be incorporated into the city's Land Development Regulations. Example criteria include: a. Pedestrian friendliness b. "Green" cross-sections c. Reduced lane widths d. Swale medians e. Tree canopies to reduce heat island Strategy T-4: Encourage Utilization of Solar-Power and Light-Emitting Diode (LED) Equipment for Transportation Infrastructure The Sub-Team has identified solar-power and LED lighting fixtures as ways to reduce energy consumption associated with the transportation system. Solar- power and LED lighting is supported by the Florida Department of Transportation and the Palm Beach County Traffic Engineering Division for traffic signal applications when feasible. The use of LED signal modules for all traffic signals (red, yellow, green and pedestrian signals) is now standard practice. LED and solar-applications are strongly related because the input power requirements of LED signals is approximately 10% - 30% of that of traditional incandescent bulbs, thus making the use of relatively small 1 OW & 20W and solar-power units much more practical and cost-effective. The combination of solar-power and LED fixtures are also starting to be utilized for traditional street lighting and illumination of transportation and transit facilities (refer to attached white paper. Exhibit 6). The Transportation Sub-Team recommends the followinQ tasks be undertaken by a future Task Team: 1. Research and evaluate solar-power and LED transportation system equipment. 2. Investigate LED street lighting programs and incentives by Florida Power & Light (FP&L) and others. 36 4200f735 3. Evaluate potential city policies/land development regulations and incentives for use of solar-power and LED lighting on public and private-sector projects. 4. Investigate potential economic stimulus grant funding sources for pilot projects. 5. Adopt city policy on encouraging solar-power and LED use on public & private sector projects. 6. Recommend amendments to Land Development Regulations to require or encourage solar-power and LED use for transportation facilities. 7. Coordinate a LED street light pilot project with FPL or other agency. Strategy T-5: Implement Traffic Engineering Improvements (or Enhancements) along Congress Avenue between Gateway Boulevard and Woolbright Road The Sub-Team has identified the Congress Avenue Corridor as a significant multi-modal corridor within the city that experiences high levels of traffic volume and congestion during peak hours. Relatively modest operational improvements along this corridor could result in potentially significant reductions in delay and emissions. The Sub-Team has begun exploring various potential approaches for minimizing congestion, improving traffic flow, and reducing peak hour travel demand. The Transportation Sub-Team recommends the followina tasks be undertaken by a future Task Team: 1. Coordinate with the Palm Beach County Traffic Engineering Division on exploring potential signal system enhancements to the corridor including video detection, CCTV surveillance, and improved signal coordination and synchronization. 2. Investigate grant funding opportunities for corridor traffic system improvements. Strategy T-6: Create Transportation Management Association (or Alliance) of Commercial Interests along the Corridor to Develop a Trip Linkage Strategy The Sub-Team has identified the Congress Avenue Corridor as containing significant commercial generators with relatively nearby residential clusters that could conceivably benefit from an organized approach to linking various shopping and social-recreational trip-making. Various retail establishments including large retailers, the Boynton Beach Mall. the movie theater complex, and dozens of restaurants likely have sufficient synergy to generate trips that could be locally linked in order to reduce unnecessary short-length trip making within the corridor. The Transportation Sub-Team recommends the followinQ tasks be undertaken by a future Task Team: 37 4210f735 1. Identification of potential "common ground" to begin discussions with the major commercial interests along the corridor regarding transportation management. 2. Investigation to see if any of the major retailers have participated in similar transportation management associations in other parts of the State or Country. 3. Identification of potential transportation services, routes, stops and incentives that could be shared by the various commercial interests. 4. Research and investigation of other similar successful programs. Strategy T-7: Develop City-Wide Multi-Modal Map that Illustrates Deficiencies and Opportunities related to Transportation and land Use Integration The Transportation Sub-Team has identified the potential benefit of creating a citywide map that illustrates various multi-modal routes (including Tri-rail, bus transit, trolley, bicycle and pedestrian routes) as an overlay to a land use map that depicts key destination areas, traffic generators and transportation hubs (including major employment centers, retail centers and recreational areas). The purpose of the mapping effort would be to identify possible "desire-lines" of transportation-land use interactions, identify significant deficiencies in terms of facilities and linkages, identify opportunities and obstacles to the development the linkages, and develop specific recommendations for future study. The tasks that are being considered at this time include: 1. Create a Multi-Modal Transportation-Land Use Relationship Map. 2. Identify potential "desire-lines" of transportation-land use interactions. 3. Identify significant deficiencies in terms of facilities and linkages. 4. Identify opportunities and obstacles to the development of the linkages. 5. Produce Multi-Modal Transportation-Land Use Relationship Map (First Draft for Future Enhancement). 6. Provide specific recommendations on areas for future study. 7. Provide recommendations for Comprehensive Planning and/or Land Development Regulations. 38 4220f735 Exhibit 1 wlWIT Car Pooling Policy and Guidelines for the City of Boynton Beach A.PURPOSE To ensure that the City of Boynton Beach pursues carpooling as an alternative method of transportation due to its direct and indirect relation to the current policies aimed at preserving our natural resources. Carpooling is a strategy which positively affects the design and environmental impact of parking as an integral part of a commitment to "go green". B. ISSUE The growing need to offer viable transportation alternatives is paramount to reducing the impact of vehicle emissions on air quality and the daily occurrence of traffic congestion on the interstate, county highways, and city streets. C. POSITION The City of Boynton Beach shall proactively work to develop and implement policies that meet its primary goal of providing services to the citizens of the City of Boynton Beach. In addition to our policies currently in place for energy and water conservation as well as recycling, carpooling offers the next opportunity for the City to support more environmentally and economically sustainable practices that enhance the city-wide plan for resource conservation. The City of Boynton Beach promotes carpooling on a voluntary basis. By participating in a carpool group, employees help reduce the amount of parking spaces needed at City Hall, our parks and other facilities may lower construction costs, reduce C02 emissions thus improving air quality and improve the overall physical health and mental well being. D. DESIRED OUTCOME Establish carpooling as the alternative approach to single car occupants in order to promote a healthier environment and reduced stress levels among employees improving performance of all building occupants. To influence environmentally and economically sustainable practices through the design of new and existing facilities, which may result in lower construction and maintenance costs. POLICY OUTLINE 1. Definition of Carpooling Carpooling is different from ridesharing. A rideshare is a personal arrangement to be driven regularly and not a formal commitment to share commuting responsibilities. Carpooling involves a mutual and reciprocal exchange of time and resources. Each member should drive and purchase gas. A carpool schedule should be agreed upon prior to committing to the carpool group. The proposed policy defines carpooling as a group of two or more people: a) Who travel to a "common destination" (e.g. City Hall and facilities) at least 3 days per week. 39 4230f735 b) Who make a formal written agreement to participate in the carpool for a minimum of three (3) months. c) Whose carpool members have registered with Human Resources. d) Each of whom is of legal driving age and has at least one vehicle registered to the carpool permit. e) Who do not take a break from the carpooling group for any longer than 4 consecutive weeks and no more than twice during a fiscal year (Oct 1 - September 30). f) Whose participants are enrolled in only one carpool group at one time, and g) Who must travel together for the majority of their trip distance. 2. Registration To be considered a part of a carpool, all members must first complete a Registration and Parking Application Form, including a Carpool Commitment Agreement signed by all members. a) Registration and Parking Application requires members to provide the following documentation prior to issuing a City of Boynton Beach parking permit tag: . Driver's license . Verification of current home address. Acceptable forms of proof include: current utility bill, lease, or payroll stub . license Plate # (for all cars that will be used in the carpool) . Employee ID . Carpool Commitment Agreement signed by all members b) The Carpool Commitment Agreement states: . Every member of the carpool must contribute driving time and gas expenses. . Members that wish to participate in the carpool, but do not have a vehicle must contribute at twice their share in gas based on the agreement made among the carpool members. 3. Carpool Fees No fees are required to join a carpool group. 4. Carpool Permits Carpool Members that are issued a carpool permit must use them according to the following Rules and Regulations: a) One carpool parking permit will be issued to each carpool member b) Only one carpool permit per group may be used at the designated location c) Carpool permits may not be shared or given to anyone not registered for carpooling d) Carpool permits must be renewed each year 5. Carpool Spaces a) There are XXX)( designated parking spaces assigned for carpoolers at City Hall (define location) and list other facilities and locations. These are available on a first come first serve basis for cars that are registered as a carpool 40 424 of 735 participant with XXXXX. Cars must display a City carpool parking permit tag in the front window while parking. b) A special carpool parking space is made available to low-emitting and fuel- efficient vehicles, either defined as Zero Emission Vehicle (ZEV) by the CA Air Resources Board, or with a minimum green score of 40 on the American Council for an Energy Efficient Economy (ACEEE) annual vehicle rating guide. These cars must also display a City of Boynton Beach parking permit tag in the front window while parked. 7. Withdrawal from a Carpool a) As stated in the section, "Definition of a Carpool", carpoolers must make a minimum three (3) month commitment to participate in the carpool program. If circumstances require the carpooler to withdraw prior to that period, all permits must be returned to the main office. A confirmation of withdrawal will be sent to the carpooler. b) In order to rejoin another carpool group after withdrawal, he or she must fulfill the following requirements: . Wait a full one-month period following the withdrawal before joining again and . Complete a new Registration and Parking Application. 8. Dissolving a Carpool A carpool is considered dissolved when sufficient members of the carpool are no longer interested in carpooling or are no longer eligible to belong to the carpool. In this case, official notice along with all permits must be returned to Human Resources. a) If a carpool dissolves once during the school year, it must wait a full one (1) month period after it dissolves before it can be considered for carpooling. b) A carpool that dissolves and has one member wishing to continue in the program, a five-day grace period will be given in order for him or her to find others to join. After that, all rights and privileges will be revoked. The permits must be returned promptly. 9. Enforcement of Regulations a) Violations, fines and/or penalties shall be issued to carpoolers if not in compliance with the Rules and Regulations stated. b) Vehicles not registered to be in a carpool will be tagged and a warning will be given if parked in a carpool space. c) Unauthorized use of carpool parking permits will result in suspension or revocation of carpool parking privileges. d) All Violations will be reported to the office of the City Manager. 41 4250f735 The City of Boynton Beach Car Pooling Application and Registration Date of Application: First Date of Carpooling: Last Date of Carpooling: Number of Participants: Name of Members: Name of Member 1: Home Address: Employee ID Number: Distance from Work: Phone Number: License Plate #: Designation as a Special Emission Vehicle: Type of Car: Color: License Tag: Scheduled Days: The City of Boynton Beach Carpooling Agreement (To be signed by all members) Date of Application: First Date of Carpooling: Last Date of Carpooling: Number of Participants: Name of Members: Pick up and Drop off Locations: Miles traveled: Schedule: Mo Tue Wed Th Fr Sat Sun Reimbursements (if any): Insurance Disclaimer to be worked out by members. (Please check with your insurance provider.) Signature: Signature: Signature: Date: Date: Date: The City of Boynton Beach - GREEN PARKING PERMIT TAG This Permit allows the car with the License Tag #: to park in the parking space designated for Carpooling on the City of Boynton Beach property until_/_/_. 4260f735 42 Exhibit 2 CITY OF BOYNTON BEACH: Em 10 ee Trans ortation Surve Results &;;- ./ 89 surveys collected ./ 44% were interested in carpooling ./ 28 were interested in vanpooling ,OUTH FLORIDA COMMUTER SERVICES South Florida Commuter Services (SFCS) is a regional commuter assistance program funded by the Florida Department of Transportation (FOOT) providing assistance to commuters and businesses in Miami-Dade, Broward, Palm Beach, Martin and S1. Lucie Counties. This program was established to increase the use of alternative modes of transportation by offering South Florida employers and their employee's alternatives to driving to work alone. SFCS provides free assistance to employers in the tri-county area that would like to implement transportation solutions at their company. OVERALL SURVEY RESUL TS The City of Boynton Beach employees were asked to complete a transportation survey. 89 employees, about 10% of the workforce, participated in the survey. In general, a 5 to 10% response is considered a normal response and statistically significant. The City of Boynton Beach results were average response rates. The majority of respondents, 55%, work at the City Hall complex. Please note that because some survey questions allowed for more than one answer, percentage results may exceed 100%. Details regarding specific work location results and comments are located later in the survey follow up report. The majority of City of Boynton Beach employees. 91%, are driving alone. The respondents driving alone however would consider using alternative modes. Of those driving alone, 39% would consider carpooling while a significant number, 21 %, would consider riding Palm Tran. The major commute concern selected by employee respondents regardless of their current transportation mode was transportation costs. The other major commuting issue was the lack of other options to get to work. Survey respondents selected incentives that would persuade them to try an alternative mode to get to work. The top two incentives chosen were commute savings and reduced car insurance rates. Respondents who said they were already using an alternative mode to drive to work were asked if they would like to sign up for the emergency ride home program. Applications were sent to 7 respondents on November 16, 2009. For respondents who would like to find a ride match, 39 respondents requested a ride match and another 27 respondents requested more information about vanpooling. 43 427 of 735 RESPONDENT LOCATION BREAKDOWN A BREAKDOWN OF SURVEYS RECEIVED BY lOCA TIQN GROUPING IS AS FOllOWS: Art Center 2% Children's Schoolhouse Museum 1 % City Hall Complex 55% Civic Center 2% East Water Treatment Plant 7% Ezell Hector Park 1 % Fire Station #2 1 % Fire Station #4 2% Fire Station #5 7% Golf Course 2% Library on Seacrest 4% Madsen Center 2% Public Works Complex 8% Wilson Park 3% ~~ ~ WORK HOURS The most frequently worked schedule is 7:00 am to 6:00 pm. Below is the breakdown of the respondent's work schedules: o 7:00 am to 6:00 pm 32 respondents o 8: 00 am to 5:00 pm 14 respondents o 7:30 am to 6:30 pm 6 respondents o 7:00 am to 4:00 pm 4 respondents o 8:00 am to 4:00 pm 4 respondents o 6:00 am to 4:00 pm 2 respondents o 6:00 am to 6:00 pm 2 respondents o 6:30 am to 5:30 pm 2 respondents o 7:00 am to 5:30 pm 2 respondents o 7:30 am to 5:00 pm 2 respondents o 8:00 am to 6:30 pm 2 respondents o 1 :00 am to 1 :30 pm 1 respondent o 6:00 am to 5:00 pm 1 respondent o 7:00 am to 4:30 pm 1 respondent o 7:00 am to 5:00 pm 1 respondent o 7:30 am to 6:00 pm 1 respondent o 7:30 am to 3:30 pm 1 respondent o 7:30 am to 4:30 pm 1 respondent o 8:00 am to 6:00 pm 1 respondent o 8:00 am to 7:00 pm 1 respondent o 8:30 am to 5:00 pm 1 respondent o 8:30 am to 5:30 pm 1 respondent o 8:30 am to 6:00 pm 1 respondent o 9:00 am to 6:00 pm 1 respondent 4280f735 44 r..... o 10:00 am to 10:00 pm 1 respondent o 12:00 pm to 9:00 pm 1 respondent o 6:00 pm to 6:00 am 1 respondent WORK COMMUTE MODES Respondents were asked which mode they currently used to commute to work at least three (3) days per week. The mode breakdown of the results of the survey are as follows: ./ Drive Alone' ./ Carpool ./ Tn-Rail ./ Palm Tran Bus ./ Walk ./ Bicycle 91% (81 employees) 9% (8 employees) 0% 0% 0% 0% . Includes two "other" responses. f-" r 429 of 735 1lI1.Drive Alone .2.Carpool .3.PalmTran8us [34.Tri-Rail . 5Vanpoli . 6.8lcycle . 7 Walk . 8.0ther Please Specify 45 r , DRIVE ALONE AL TERNA TE MODE CONSIDERATION Respondents who currently drive alone were asked if they would consider using a different mode to get to work. Respondents selected modes they would try: o Carpool 39% o Palm Tran Bus 21 % o Tn-Rail 14% o Bicycle 14% o Vanpool 12% o Walk 5% o Would not consider an alternative mode 38% 30 25 20 15 (- 10 5 o 2 6 3 4 5 . 1. Palm Tran Bus .. 2. Carpool . 3. Tn-Rail .4. Vanpool II 5. Bicycle II 6. Walk . 7. None oflhe above EMERGENCY RIDE HOME PROGRAM (ERH) Employees who responded to the survey that they were currently using an alternative mode of transportation for their commute to work at least three (3) days per week were asked if they wanted to sign up for the program. 7 employees requested the ERH application. r 4300f735 46 r~ TOP COMMUTING ISSUES. Employees were asked to select their greatest transportation challenge to commute to work regardless of their current work commute mode. The results from greatest concern to least concern are: o Transportation costs o Lack of other options to get to work o Traffic congestion o Parking at the facility o Other (see below for comments) o Lack of available vehicle ,_....',..~";; (-.... , o 5 10 15 20 25 30 35 r 4310f735 . 1. Transportation Costs III 2. Parking at the facility . 3. Traffic congestion .4. Lack of available vehicle III 5. Lack of other options to getto... . 6. other Please Specify 47 r Other Comments: What would you identify as your biggest transportation challenge to get to work? Central pick up point for carpool I 2 Evening meetings; offsite meetings I 3 Bike path on A1A is very narrow and dangerous around the Boynton Inlet I 4 None 5 If Vehicle breaks down 6 Probably should ride my bike... I need the exercise.. 7 parking at City Hall stinks! but art center parking is relatively easy... 8 none of the above 9 none of the above 10 None 11 Secure bicycle storage while at work 12 : none (' INCENTIVES TO PERSUADE MODE CHANGE. To determine if incentives would persuade employees to modify their current commute mode, employees were asked to select up to three options. Respondents selected the following reasons in order of most likely to persuade change of mode to least likely. 1. Commute savings 2. Reduced car insurance rates 3. Reduce carbon emissions 4. Six free taxi rides home in case of an emergency 5. Matchlist of potential co-workers to carpool with 6. Discounted tri-rail passes 7. Preferential parking for carpooling and vanpooling 8. Additional information about Palm Tran routes 9. Pre-tax savings for transit or vanpooling 21 % of respondents noted that none of the incentives listed would persuade them to change modes. 48 (- 4320f735 r 35 30 25 20 15 10 5 0 ,- , . 1. Preferential parking for... . 2. Six FREE taxi rides home in case... c 3. Pre-tax savings for transit or... .4. Discounted Tri-Rall passes c 5. Matchlist of potentia I co-workers... .6. Commute savings (less gas-less... .7. Additional information aboutPalm... c 8. Reduce carbon emissions . 9. Reduced car insurance rates . 1 o. None ofthe above . 11. Other Please Specify CARPOOL RIDE MATCHES Respondents were asked if they were interested in receiving a ride match for potential carpool partners from South Florida Commuter Services. 39 employees requested ride matches on the survey. SOUTH FLORIDA VANPooL PROGRAM Respondents were asked if they were interested in finding out more about the South Florida Vanpool program. The South Florida Vanpool program offers groups of 5 to 15 individuals with a passenger van to use for traveling to and from work. Participants pay a monthly fee to participate in the vanpool and are able to withdraw from the program with 30 days notice. The monthly fee includes the van, insurance, maintenance, and roadside assistance. The Palm Beach County Metropolitan Planning Organization also provides a $400 per month subsidy towards the cost. 28 respondents requested more information about vanpooling. 49 r 4330f735 r ZIP CODE ANALYSIS The survey asked respondents to provide their home zip codes allowing SFCS to create an analysis for zip codes. Zip code cluster analysis shows areas in which groups of employees may have the opportunity to develop carpools, van pools and/or utilize transit. Zip code maps are provided at the end of the survey results summary. OVERALL COMMENTS The final survey question was an option for respondents to provide comments about the surveyor commuting. Below is the comprehensive list of comments. r r Queslion 17 I Com m ents: ..---"'.,,..- -I I 12 ? 1 How would the City handle employees who receive auto allowances if they join 1 a carpool? I, I I Due to my personal situation I must have my own car with me at all times. It is I not feasible for me to car pool or use other modes of transporation at this time. I i Sounds like a good concept I : This was very interesting and helpful information. Thank you! I I I None ~ r 13 1 r ,4 t5 I i6 I '7 I Maybe I'll ride my bike to work sometimes... I hope that in some way we can influence the Gas Companies to reduce this high cost. 8 SINCE THE CITY HAll COMPLEX IS OUTGROWING ITSELF, I WOULD LIKE TO 9 SEE THE ENTI RE COMPLEX MOVED WEST ALONG THE CONGRESS AVE I GATEWAY BLVD CORRIDOR. 10 I carpool kids to and from school on way to and from work I live within a 2-mile radius of my place of work and I don't have a problem 11 I with parking or any of the other problems people may encounter. My make up is when I get ready to go, I don't like waiting for no one, I leave. I only fill up ; my tank once a month, so I do save on gas. 12 I am very glad that the City is reaching out to employees to improve our commutes, hopefully save money, and reduce our collective carbon emissionsl 13 I live only 3 miles from work and the amount of gas I use is minimal. 14 Plan on driving to work alone still! I It would be hard for me to carpool due to my long and odd work hours. Also 15 my home location beign so far in distance from the workplace. I 16 My job does not lend itself to really any other option unless they want to give r me a City Vehicle to use. 50 4340f735 17 If train service was moved to the east side of 1-95 (Dixie Hwy train) I would definitely take the train everyday to work. My biggest obstacle to car/vanpooling is needing to pick up my child midday two days per week. and a standing obligation immediately after work on Wednesdays. 18 19 None 20 I work Mon-Fri. 8A-4P. My commute is 6 miles one way. After work, I work out at the Y.M.C.A.; which is on my way home. So, I don't have a long involved commute in either direction; I gas up about once a month and there is nothing that I really need to change. 4350f735 51 EXHIBIT 3 CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL DRAFT CHAPTER: 06 Human Resources Policies POlicy No. 06.09.04 SECTION: 09 Hours of Work SUBJECT: 04 Telecommuting Policy PURPOSE This policy establishes a Telecommuting alternative for those employees in positions with essential functions and duties that can be performed from a remote site or their home. Telecommuting work arrangements are voluntary, mutually agreed to by the employee, supervisor and department head. Participation may be cancelled by the employee, supervisor or department head without cause, at any time. Telecommuting is not an employee benefit, but an alternative method of meeting the needs of the City. Telecommuting and issues surrounding it are not grievable. This policy is not a contract of employment and the City reserves the right to terminate this policy at any time. The City supports telecommuting one or more days per week as an alternative work arrangement. The telecommuting alternative will reduce employee commute trips, reduce traffic congestion and parking requirements, as well as, improve the green effect by reducing the City's carbon footprint. SCOPE: The Department Director working with Human Resources will determine which positions in their Department would qualify for telecommuting. Full-time, regular employees working in designated Telecommuting positions with an evaluation of at least meets standards will be eligible to request permission to participate in the telecommuting program. City Manager approval for telecommuting is required via an Employee Activity Report (EAR). PROCEDURE: 52 4360f735 1. Employees in positions determined by the Department Head and Human Resources to be eligible to participate in the Telecommuting Program should meet with their immediate supervisor to discuss the advantages and disadvantages of participation. 2. After meeting with their immediate supervisors employees in positions that are eligible for the Telecommuting Program are required to complete a Telecommuting Application (Exhibit I) and submit it to their supervisor. 3. Supervisors will review the applications and decide whether a telecommuter arrangement is beneficial to the employee and the City. When the number of applications submitted exceeds the number of openings available for telecommuting the Department Director and Human Resources Director will determine participation, based on the needs of the City. 4. Employees being considered for the program are notified in writing and provided a Telecommuting Agreement (Exhibit II). Employee will complete, sign and submit their Telecommuting Agreement to their and return to their supervisor. Supervisor and Department Director will review and approve or deny the agreement and then forward the original agreement to Human Resources. Telecommuting employees must abide by the terms and conditions of the agreement. 5. Employees who are approved for the program must set up a dedicated alternative work site including a computer at their expense that is safe for the employee and others entering it. The employee must allow authorized City representatives to inspect the alternate work place to ensure adequate health and safety conditions. 6. The employee is responsible for working with ITS to maintain proper computer security at the alternate worksite including safeguarding all City records under their control. 7. If necessary, a list of all City-owned property and supplies used at the alternative work location will be maintained by the employee's Supervisor. 8. Employees will report to customer and City work locations, as required, for meetings, training, etc., at the request of supervisor or customer. 53 4370f735 9. Employees will keep their supervisor informed of progress on assignments worked on at the alternative work site, including any problems which they may experience while telecommuting. 10. Employees in the Telecommuting Program are subject to the same policies and procedures as all other city employees. EFFECTIVE DATE: XXXXX, XX 2010 Kurt Bressner, City Manager 54 4380f735 Telecommuting Application The City of Boynton Beach Exhibit I To seek consideration for telecommutinJ!. vou must complete this form and submit it to vour supen'isor. Name: Phone number: Supervisor's name: Department: Justification for Telecommuting: Why do you want to telecommute? How will it benefit your department and the City? Have you met with your supervisor to discuss the advantages and disadvantages of telecommuting? r r no yes Proposed Schedule: How many days per week/month do you expect to telecommuter? per r r r r r r Telecommuter days: Mon Tue Wed , Thurs Fri Sat. If variable/seasonal, specify: Telecommuter day schedule: Start Lunch End Tasks:What types of tasks will you perform from your telecommuting location? (Le., planning, reading, budgeting, data entry, word processing, research, customer contacts, analysis, contract preparation, writing) How will your job performance be measured? Telecommuter Office: Where do you plan to work on telecommuting days? Do you have a room or an area at home or at your remote location with privacy that you can dedicate to your use during telecommuting? r yes r no 5S 439 of 735 Page I of 2 pages Dependent Care: If you have dependents requiring care at your telecommuting site, will you arrange for their care during telecommuting? r r yes no Equipment: Check the following items that would be used while you telecommute. Plea~e specify who would provide it by putting in each box a "E" for employee or a "C" for City. r Second telephone line r Mobile phone r Computer r E-mail r Calculator r telephone calling card r Surge protection r Voice mail r fax. r printer r Phone answering machine r Software also used at office (specify) r Other (specify) Experience: Have you ever participated in a telecommuting program before? .,... r I yes no If yes, please describe your experience. Employee's Signature Date r Approved I have discussed the possibility of working from home with the above employee. I believe this employee is a good candidate based on job responsibilities and performance in his/her current position. r Denied Reason(s) for denial: Supervisor's Signature Date Department Head Signature Date 56 4400f735 Telecommuting Agreement The City of Boynton Beach Exhibit II The following form serves as the agreement between the telecommuting employee and the City. It must be completed and signed by all appropriate parties and attached to the Emplovee Activitv Report (EAR). (Department name) (Employee name). This is an agreement between of The City of Boynton Beach and This agreement establishes the terms and conditions of telecommuting. The employee volunteers to participate in the telecommuting program and to follow the applicable guidelines and policies. The City agrees with the employee's participation. Duration: This agreement will be valid until canceled in accordance with policy by ei1ber party. Work Hou rs: Work hours and location are specified as part of this agreement. Pay & Attendance: All pay, leave and travel entitlement will be based on the employee's official work location. The employee's time and attendance will be recorded as if performing of1icial duties at the office. Leave: Employees must obtain supervisory approval before taking leave in accordance with established office procedures. The employee agrees to follow established procedures for requesting and obtaining approval of leave. Overtime: The employee will continue to work in pay status while working at the home office. An employee working approved in advance overtime, will be compensated in accordance wi1b applicable law and rules. The employee understands 1bat 1be supervisor will not accept work products resulting from unapproved overtime. The employee agrees 1bat failing to obtain proper approval for overtime work may result in removal from the telecommuting program and/or disciplinary action. Equipment: The supervisor and the employee must agree upon the equipment to be used in telecommuting. The City is not required to provide equipment for 1be home office; however, with the approval of the Department Director. 1be telecommuter may be provided City-owned equipment necessary to perform work assignments. Maintenance of Equipment: Equipment provided by the City must be protected against damage and unau1borized use. City-owned equipment will be serviced and maintained by the City. Equipment provided by 1be employee will be at no cost to the City, and will be maintained by the employee. Cost: The City will not be responsible for operating costs. home maintenance, or any other incidental costs (e.g. utilities), associated wi1b 1be use of the employee's residence. The employee does not give up any reimbursement for authorized expenses incurred while conducting official business for the City. Liability: The City will not be liable for damages to 1be employee's property resulting from participation in the telecommuting program. In signing this document. the employee agrees to hold 1be City harmless against ill!Y claims, excluding workers' compensation claims. Workers' Compensation (WC): The employee is covered by workers' compensation if injured in the course of performing official duties at the telecommuting location. Employee is responsible for following 1be City's WC notitication policy. 57 441 of735 Verificatitm of Rome Safety: In signing this agreement, the employee verifies that the home office provides work space that is free of safety and fire hazards. The telecommuter must allow an authorized City representative to inspect the alternate work place to ensure adequate health and safety (ergonomic) conditions. Work Assignments: The employee will meet with the supervisor to receive assignments and to review completed work. The employee will complete all assigned work according to procedures mutually agreed upon with the supervisor. Evaluation: The evaluation of the employee's job performance will be based on City performance evaluation standards. Performance must remain satisfactory to remain a telecommuter. Employees will not be allowed to telecommute while rated at less than meets standards pelformance. Records: The employee will apply safeguards which are approved by the employing City department and ITS to protect records from unauthorized disclosure or damage. All records, papers and correspondence must be safeguarded for their return to the office. Participation in Evaluation: The employee and supervisor agree to promptly complete and submit telecommuting evaluation materials and to attend periodic group meetings for the telecommuting program. Ending of this Agreement: The department, the supervisor, or the employee may terminate the voluntary telecommuting agreement at any time, and for any reason, with thirty days notice (less time if mutually agreed upon). If urgent circumstances exist, the agreement may be terminated with approval of the employee's Director. The agreement will be suspended during any investigation of City policy violation by the employee. If there are no findings, the agreement will resume. Work Location: The employee agrees to work at the office or the designated telecommuting location specified in this agreement and not from another unapproved site. Failure to comply with this provision may result in termination of the agreement. and/or other appropriate disciplinary action. Schedule: Number of telecommute days: per week/month (circle one). r ' Telecommute days:: Mon' Tue r Variable: (explain): r Wed .- , r Thurs Fri Typical Telecommute Day: Begin work at Lunch End work at The employee can be reached during their scheduled work hours at the telecommute office or by cell phone at all times, excluding lunch or any mandated break periods. Tasks: The following are typical assignments to be worked on by the employee on telecommute days: 58 4420f735 Communication: The employee agrees to use the following communication methods on telecommute days: r Answer machine r Voice Mail r Other: (specify) r E-mail r Call forwarding r Fax How wil. YOU han e any pt one ca s or you at come mto the )ty 0 Ice unng your te ecommute days? dl h II ~ th C ffi d . The employee agrees to retrieve phone and e-mail messages at least (circle one) times per day/hour D . edT I Offi L f es12nat e ecommute Ice oca IOn: Address Phone E-mail address Office Safetyllnspection: The employee must maintain the homeltelecommute office to meet health and safety requirements consistent with the main office work environment, and to allow the City to inspect the home/telecommute office site with appropriate advance notice. Equipment: The following equipment will be used by the employee in the telecommute office. (Specif\' whether equIpment IS owned by the City or emplovee-owned.) I 0.", ","'Em," .="~,~""' Employee agrees not to use any City equipment or supplies for private purposes and not to allow fmniJy members or friends access to City equipment or City records and files. The City of Boynton Beach is not responsible for private property uscd, lost or destroyed. 59 443 of 735 Begin Telecommuting: Telecommuting will begin on: Telecommuting Review: This telecommuting agreement will be reviewed on: Additional Conditions: Additional conditions agreed upon by telecommuter and supervisor/manager: I have read and understand the telecommuting policies of The City of Boynton Beach and agree to abide by and operate in accordance with them and the terms of this agreement. Employee Signature Date Supervisor Signature Date Department Head Signature Date Approved by: Human Resources Signature Date ITS Director Signature Date 60 4440f735 EXHIBIT 4 Operational Guidelines to Reduce Vehicle Emissions, Vehicle Miles Traveled (VMT) and Vehicle Hours Traveled (VHT) The following policy guidelines shall be implemented by City Staff to the greatest extent feasible during the regular course of conducting City business. The guidelines are divided into two basic areas of operation as follows: 1. Inter- or Intra-Departmental Meeting Travel by City Employees 1.1. In general, all reasonable attempts shall be made to redUce the number of inter- departmental meetings requiring vehicle travel. 1.2. Meetings involving City Staff from different City Departments located in different physical office locations shall be scheduled and centrally located to minimize the number of vehicles utilized and distance traveled to the meeting location. This may require staff from the "hosting" Department to hold the meeting at a more centralized location if the number of staff personnel from the hosting Department is actually less than the number of all other meeting participants. 1.3. Meetings shall be scheduled as far in advance as practical in order to allow as many participating staff to rideshare to the meeting location, reducing as many vehicles as possible. 1.4. Regularly scheduled weekly, bi-weekly or monthly meetings that share common participants should be scheduled as adjacent to each other as possible to reduce unnecessary vehicle trip-making. 1.5. Considerations should be given to web-casting City-wide meetings, programs or presentations via intra net whenever possible to reduce tripmaking by staff. 1.6. Annually required form processing, applications, and other submissions by City employees (such as health plan enrollment), should be available via internet in order to reduce vehicle travel. 1.7. Future capital budget programming should provide for all City building conference rooms to be upgraded to the greatest extent possible with technologies that facilitate video-conferencing and/or allow increased flexibility in meeting presentation and communications. City Staff from Departments residing outside of the building hosting the meeting should have readily available computer and communications technology at their disposal to conduct efficient and informative meetings to the same degree that would be available from their home Department office building. (Continued. . . ) 61 445 of 735 2. Off-site (Field Visit/External Agency) Travel by City Employees 2.1. In general, all reasonable attempts shall be made by City staff to reduce the number and/or distance of off-site vehicle trips. 2.2. External off-site meetings shall be scheduled as far in advance as practical in order to allow as many participating staff to rideshare to the meeting location, reducing as many vehicles as possible. 2.3. Off-site meetings involving different City Departments. such as site inspections, should consider ridesharing and Iinked-trip-making as much as possible. 2.4. Considerations should be given to consolidating routinely scheduled off-site field meetings to within one particular business day of the week, or a particular portion of the workday in order to maximize trip efficiency and link related trips. Similarly, field visits or inspections should be scheduled and grouped together within the same geographic area in order to reduce miles and hours traveled. 62 4460f735 Exhibit 5 CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL DRAFT Idling Policy CHAPTER: 08 City Equipment POLICY NO: 08.01.09 SECTION: 01 Fleet Maintenance Policy PAGE: 1 of 1 SUBJECT: 09 Vehicle Idling Policy Policv Intent: The intent of the policy is two fold. First, elimination of unnecessary vehicle idling will reduce fuel consumption and provide cost savings to the City. Secondly, a reduction in vehicle idling will reduce the overall vehicle emissions into the environment thereby reducing the City's carbon footprint. These two goals should be considered by all City staff during the normal course of all work operations. Vehicle Idlina: Unless so engaged in a work purpose, no City vehicle shall be allowed to remain motionless, in an idling state, for more than three minutes regardless of whether or not such vehicle is attended by the operator. Definition of Work Purpose: Work purpose shall be defined as any operating department function that must be conducted by using a City fleet vehicle, or any other ancillary work function that requires continued power, electrical or hydraulic, provided by the Fleet vehicle. Examples can include, but are not limited to, Police speed control operations and operation of hydraulic tools powered by the vehicle. Because additional examples and exceptions are too numerous to specifically identify, the immediate Supervisor shall be responsible to administer this policy based upon work being performed and the particular use of the vehicle. DEVELOPED BY: Public Works Department (Vehicle Services Division) EFFECTIVE DATE: ? REVISED: ? Kurt Bressner City Manager 63 4470f735 EXHIBIT 6 Light Emitting Diode (LED) Lighting and Solar Power Applications for Public Transportation Facilities Recent improvements in Light Emitting Diode (LED) technologies have resulted in LED lighting becoming more and more attractive for widespread installation as part of public infrastructure. The state of the industry is quickly reaching a tipping-point to where the energy-cost reduction and practical applications provided by LED lighting is outpacing the initial capital cost investment that had historically hindered retrofit projects. Federal stimulus and energy-based grants are also providing opportunities for public agencies and private-sector entities to offset initial capital costs in upgrading to much more energy-efficient LED lighting. Perhaps the greatest single benefit of LED lighting applications, particularly with current LED technologies, is the dramatic reduction in power consumption relative to traditional incandescent or pressurized metal halide fixtures. Most new LED fixtures can provide the same luminous output as traditional lighting for about 15%-35% of the power consumption (watts) depending on the specific application. Individual LED's are actually semi-conductors, and there are many types, colors and intensities of LED's. The light generated by the newest generation of LED's is also very "pure" in color due to the fact that the light emitted is limited to a very narrow band of the light spectrum, and therefore the colors associated with newer LED's are very deep, rich and intense to the human eye. Also, because they are semi-conductors and do not rely on heat energy for most of their illuminence, LED light fixtures are generally much cooler (and safer) to the touch than traditional light fixtures. LED Traffic Signal Applications A significant application of LED within the transportation industry is the conversion of traffic signal indications from traditional incandescent bulbs to LED light modules. This conversion has resulted in the widespread replacement of 145 watt signal bulbs being replaced with LED signal modules that have power ratings generally between 14 and 33 watts. This has resulted in an average per-signal indication energy reduction of approximately 121 watts per indication, or 83%. With a traffic signal system the size of Palm Beach County's, this corresponds to a reduction in over 30 million kilowatt-hours annually. The Florida Department of Transportation now requires that all red and green indications traffic signal be LED, with most Florida traffic signal agencies now voluntarily requiring that all signal indications (red, yellow, green and all pedestrian indications) be LED. The richer color and better directionality of the light provided by LED's has made the traffic signal application one of the best applications of LED in public infrastructure to date. LED Highway Lighting Perhaps the second largest potential application of LED lighting is associated with highway and local roadway street lighting. The conversion of traditional street lighting fixtures to LED fixtures has proven much more challenging than the traffic signal application for a variety of reasons, as discussed below. 64 4480f735 First, the inherent glow of traditional street lighting makes it naturally suitable for the luminous "blanket-effect" desired across the roadway surface and surrounding right-of- way. Roadway lighting is intended to be soft and gradual, with limitations on the maximum-to-minimum brightness ratios. Unwanted glare and directionality of traditional street lighting has generally been controlled by fixture height, fixture shape, and various types of lenses and refractors, with most new highway lighting now using "true cutoff" fixtures and lenses in order to reduce unnecessary glare for drivers and light overspill into residential areas. Because of the very "blue-white" color and highly directional characteristics of early LED street light designs, many motorists found them harsh to the eyes, often creating an uncomfortable and dramatic spot-like effect on the pavement. Early designs also did not often comply with nationally accepted highway lighting standards, and therefore there was reluctance on behalf of transportation agencies to install them, even on an experimental basis, for a variety of liability reasons. Secondly, most highway street lighting circuits operate on a higher 480-volt power service rather than 120-volt service, and most early versions of LED highway lights, due to their low wattage requirements, have been designed for 120 volt service. This creates an added step-down voltage conversion step, and associated additional cost as part of any retrofit program. Thirdly, many early LED highway lighting designs were initially derived from smaller commercial, residential and private-sector applications that use nominal mounting heights in the 15' to 25' foot range. Most conventional highway lighting uses mounting heights in the 30' to 50' range, and therefore, most early versions of LED highway lights could not simply be retrofitted into many of the pre-existing highway light poles and still maintain the desired lighting characteristics on the roadway below. And finally, the initial LED highway lighting designs have tended to be highly proprietary in nature, with virtually no owner-serviceable parts and very limited flexibility or interchangeability of parts among vendors or manufacturers. Maintaining agencies have had little other option than to select one particular manufacturer/vendor for their areas, and rely on the same selected vendor for replacement parts and servicing. This has created several issues with regards to initial costs, maintenance and competitive procurement. However, notwithstanding the above issues, the LED lighting industry is rapidly addressing many of the above issues, and there are now new generations of LED highway lighting fixtures that better comply with national highway lighting standards, have softer versions of "white" light as perceived by motorists, can be used on 480 volt circuits, and can be used with many existing highway light poles. Continued industry progress in these areas should allow the cost-effectiveness of LED retrofits to significantly improve by year 2012, thus making them a serious consideration for future highway lighting projects. LED Lighting for Neighborhood Streets and Outdoor Public Facilities The current state of the industry does provide ample opportunity for LED lighting to be a cost-effective solution for illuminating local streets, public parking areas, transit facilities, parks and recreational facilities, particularly for new installation projects where the light uniformity requirements and other engineering criteria are not as critical as they are with higher speed transportation facilities. The inherent compact size of individual LED's 65 4490f735 allows them to be integrated into a vast variety of linear, geometric and three- dimensional arrays, creating infinite possibilities of shapes and pattems, in both single- colored or multi-colored applications. LED lighting is particularly attractive for public recreation areas, particularly where small children play because LED lighting can be supported by voltages as low as 36-volts, 24-volts and even 12-volts, virtually eliminating the potential serious electric shock hazards. For this same reason, LED's are very suitable for marinas, public swimming pools and waterparks where it is desirous to have as low voltage as possible around bodies of water and wet surfaces. Low Voltage LED Lighting and Solar Power Applications More recent developments in LED technology have resulted in LED modules with higher luminous output-to-power ratios than earlier generations of LED's. In other words, improved technology is allowing LED fixtures to produce more light while using the same amount of electric power. Several LED manufacturers are now producing LED light engines for transportation applications that can produce 50 lumens of light output per one watt of power. Therefore, the same light output previously provided by two 90 watt high intensity fluorescent bulbs (180 watts) can now be produced by a single 45 to 55 watt LED light fixture with a corresponding energy savings of about 70%. LED light engines also exhibit a lifespan typically 50 to 100 times longer than that of most conventional lighting, which greatly improves its life-cycle cost value over that of conventional lighting. The relatively high luminous output of LED's at relatively low power levels is what makes them a particularly suitable companion for solar-based power applications. Relatively small 75-watt rated solar-panel/battery storage units can provide power sufficient for park and pedestrian lighting. Traffic control devices. such as for school zone warning beacons, can use solar engines rated as low as 20 watts for intermittently activated warning beacons, and 75 watt solar engines for continuously operated warning beacons such as for "curve ahead" or "signal ahead" sign assemblies. 66 450 of 735 ('" , REN EW ABLE/ AL TERNA TI VE EN ERGV & FUEL UTI LI TV (~ 67 r 4510f735 RENEWABLE / ALTERNATIVE ENERGY & FUEL UTILITY SUB-TEAM INITIATIVES: . Increase use of renewable energy resources . Explore the use of alternative fuels for existing fleet . Develop energy performance contract language for RFP's . Explore an Energy Service Company(ESCO) partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in city and CRA buildings . Define city standards for energy efficiency and renewable-energy criteria when assessing the housing, commercial amttf8fl5portation sectors . Develop financial, regulatory, policy, and marker incentives for development of energy-efficiency and renewable-energy projects and programs, training and incentivizing green jobs, assisting local businesses through retention and expansion . Identify opportunities such as (solar/photovoltaic) where demand for manufacturing exists and develop an economic incentive program to attract green business to Boynton Beach . Provide incentives for clean industry (also in Land Use subcommittee). INITIATIVE 1: Explore the use of alternative fuels to the city's existing fleet The following research was provided by Steve Weiser, Fleet Manager for the City of Boynton Beach, regarding alternative fuels for the city's fleet. Facts: 1. Ratio of diesel fuels to gasoline is 50/50. 2. City purchases approximately 7,500 gallon of diesel fuel every 2 weeks. 3. Ultra low sulfur diesel fuel is equal to biodiesel. Low sulfur is mandated. 4. B5 and B20 have higher costs per gallon than ultra-low sulfur. 5. B5 has only a slightly better emissions rating than ultra-low 6. Starting in 2010, the City's supplier of diesel engines will not warranty biodiesel blends greater than B5 7. Ethanol Gasoline blends burn at a ratio of 3:1 (3 gallon of E85 for every 1 gallon of gasoline) and is currently more expensive 8. Ethanol gasoline blends are option for gasoline vehicles 68 452 of 735 Summary Actions: City Staff is currently working to down-size fleet, replacing larger trucks with smaller ones whenever possible to improve fuel efficiency. Staff is also using behavior modification such as not leaving your vehicle running, regular vehicle maintenance, analyzing operations, etc. As a result of the higher cost of bio-fuels and the fact that the diesel engine vendor will not warranty after 2010, it is apparent that bio-diesel fuels are not cost effective as of this report date. Other lower percentage ethanol-gasoline blends may be a more feasible alternate fuel solution for the fleet. The Sub-Team recommends analyzing fuel usage, mpg, emissions, etc., to evaluate cost effectiveness of ethanol-gasoline blends. Sub-Team has developed a City of Boynton Beach Fleet-Best Practices Recommendation. Please refer to Appendix 1. INITIATIVE 2- Explore Energy Service Company (ESCO) as an opportunity for establishing a measurement and verification system for existing energy use management in city and CRA Buildings. The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach utilize Energy Performance Contracting as a mechanism to pay for sustainable improvements to the City's buildings. Backaround Buildings are a major cause of environmental impacts, so buildings provide major opportunities for reducing these environmental impacts and increasing sustainability. Many government and private organizations at the international, national, state, and local levels are setting sustainability goals for themselves. The City of Boynton Beach has undertaken an extensive effort to increase sustainability through the Community Alliance. To reach these sustainability goals all the traditional tools for implementing energy efficiency improvements in buildings need to be evaluated. One very important tool for delivery of energy efficiency improvements in buildings is Performance Contracting. Performance Contracting is an approach to upgrading building operating performance that allows local governments to use expense funding to pay for capital improvements related to operating performance. Due to the current economic conditions in south Florida and ever tightening budget constraints, it is difficult for the City to make capital improvement funds available for their buildings. As such, Performance Contracting removes a major barrier for making needed upgrades to City's facilities. 69 4530f735 The process of performance contracting consists of entering into an agreement with a private energy service company (ESCO). The ESCO will identify and evaluate energy-saving opportunities and then recommend a package of improvements to be paid for through savings. The ESCO will guarantee that savings meet or exceed annual payments to cover all project costs-usually over a contract term of seven to 10 years. If savings don't materialize, the ESCO pays the difference. To ensure savings, the ESCO offers staff training and long-term maintenance services. There are several distinct benefits to ESCO contracting including the following: . There is no impact on the city's bond rating. This is an important factor as the city tries to maintain its highest bond rating to ensure the lowest interest rates on issued bonds. . There is no impact on the city's capital budget. During these difficult economic conditions with falling property values, it is more important than ever to find alternative ways to fund much needed improvements. . An ESCO allows for many facilities to be improved immediately. If traditional funding sources are used, it is most likely that improvements would be implemented in a slower manner (depending on funding). An ESCO allows for a much deeper penetration into needed improvements . As ESCO allows for the energy savings to start much quicker. The cost of inaction includes the continued use of energy that could be preserved. Patrick Gleason, PHD PG V.P. with CDM Engineering and Mr. Hector Samario (FPL-ESCO) presented the following information related to ESCO's : · Look at total costs, including maintenance and other factors- find break-even point. · Go for energy efficiency before renewable energy. · Reduce energy to essential-then look for renewable resources. · Include escalation rates in ESCO proposal. · Look at Life Cycle costs · 20 yr. limit on ESCO Contracting, 10 yrs. is preferred because of capital equipment life-use cycle · ESCO requires no capital outlay. · Savings are guaranteed as long as operation remains the same. · ESCO provides one company source-Long term relationship · ESCO are licensed by the State; there are now ten in Florida. · ESCO sequence-Preliminary Analysis-Detailed Analysis Implementation-Energy Savings Guarantee. · Savings are stipulated in the contract-puts risk and burden on ESCO. Measurement and Verification are essential. 70 4540f735 ESCO Summary Action: The Sub-Team believes that ESCO's merit strong consideration in lieu of the City of Boynton Beach attempting these initiatives on their own. We recommend that the City contact other municipalities for their experiences. Look for lessons learned and other opportunities. INITIATIVE 3 - Develop Energy Performance Contract Language for RFP's The Sub-Team is recommending the City of Boynton Beach develop a Sustainable Procurement Policy and seek to do business with companies and organizations that utilize sustainable policies. The Sub-Team recommends meeting with other municipalities for review of similar procurement policies and discussing lessons learned during their implementation of a Sustainable Policy Procedure. The Sub-Team has developed a Sustainable Procurement Policy. Please refer to Appendix 2. INITIATIVE 4 - Increase use of Renewable Energy Sources while identifying Economic Opportunities Russell Glace of Glace & Co., an FPL certified contractor of lighting replacement in buildings, provided information regarding energy audits, energy savings from solar rooftop applications and photovoltaic rooftop applications, to include costs and energy savings. Also discussed was the use of applications in city buildings and home use for citizens. Mike Terry of Inergy (Wind Turbines) provided information regarding the shortage of necessary space for these turbines and the possibility of public non-acceptance. The potential for wind turbines is limited because of size, public acceptance, and location requirements within city limits. The Sub-Team recommends wind turbine restrictions be modified for above roof- line installations, both residential and commercial. Photovoltaic lighting has great potential to save the city money. Though initial costs are large, grant and rebate opportunities can make the investment very worthwhile. Current budget restrictions limit the installation of this product on existing facilities. The Sub-Team recommends that all new city buildings should consider this cost saving measure. The city has thousands of square feet of flat roof space on numerous city buildings that would be ideal for the installation of photovoltaics as well as implementation of the Department of Energy's cool roof initiative which includes repainting roofs white or installing reflective vinyl membranes. The Federal 71 4550f735 Energy Management Program also found that cool roof, particularly white reflective roofs; improve the efficiency of photovoltaics installed on top of them. The city can also benefit from the implementation of photovoltaics to provide solar energy for heating water. The Sub-Team has recommended a White Roofs Initiative. Please refer to Appendix 3. The city has been replacing Florescent lights and continues this effort. The Sub- Team recommends that solar water heating be considered for all new construction. The Sub-Team recognizes that the current budget restrictions limit its use for retrofitting existing buildings. The Sub-Team recommends that the city continue to look for incentives, rebates and grants for more affordability. The Sub-Team recommends Education of Renewable Eneray sources through our libraries and other information packets for distribution. The general public should be kept informed of our findings and give them the chance for incentives and energy saving opportunities. Energy Star, located online at www.enerQvstar.Qov is your best source for information distribution. To realize its ambitions in minimizing its carbon footprint, the city must provide the public with education in sustainable practices. The city must engage the public and encourage their participation in order to become a sustainable city. The Sub-Team recommends establishing a Center for Public Education located within a city facility. The Center for Public Education can become Boynton's "Open University." Possibilities include a partnership with PBCC to develop a vocational curriculum based on the needs of renewable energy economies. This would compliment a curriculum for the public which could include: · Sustainable home living · Sustainable business practices · Urban farming/gardening · Skills for a renewable energy economy The City Library can supplement the effort with a special collection of materials as well as offering additional workshop/classroom space. This can strengthen the basis for an educational green grant as, for example, FAU was able to secure during its solar roof project by funding a scholarship from the energy savings. FAU's Dr. Jaap Vos suggested using some of the savings to fund a special, green topics library collection to provide the educational justification for such a grant, were the city to pursue it. In seeking to realize opportunities to aUract green jobs and enterprises to Boynton Beach, such a center as in the example above, that provides vocational 72 456 of 735 skills for green jobs, can offer the city a competitive labor advantage when presenting itself for economic development. This seeks to meet one of the Sub-Teams objectives to provide non-capital intensive ideas on "training and incentivizing green jobs" and identifying "opportunities such as (solar/photovoltaic) where demand for manufacturing exists." For a reference on the kinds of content offered within a successful working model of such a center please see Appendix 4 - The Open University of the Environment. Two Sub-Teams Collaborate Renewable/Alternative Energy & Fuel Utility Sub-Team and Transportation Sub-Team · The meeting was held to trade overlapping strategies and to list those items for final recommendations. · Objective is to reduce vehicle miles traveled and fuel usage for the fleet and general public. · No idling policy for entire fleet except police. · Consider life cycle costs for alternative fuel vehicles. Does the Initial cost warrant life of vehicle cost savings? · Consider nitrogen filled tires for city vehicles. Subcommittee recommends testing with police patrol car to record miles per gallon savings. · Consolidate trips, reduce travel for meetings, and carpool when possible. · Electric charging stations should be considered for future travel needs. The city should explore collaboration with Palm Beach County in finding local sources of alternative fuels in an effort to make such fuels cost efficient for city fleets. The city, perhaps in coordination with other municipalities, should express that it has a demand for such fuels provided they meet a certain price per gallon so that the private sector is at least aware that such a market exists. Recognizing the absence of a fully developed mass transit network in the area, the city can offer density as a trade-off incentive to developers who seek to locate their developments within accessible reach of available modes of mass transit. A standard could be developed for how much permitted density is given to a developer for every mode of mass transit that is usefully accessible to the development. 73 457 of 735 APPENDIX 1 -INITIATIVE 1 Renewable/Alternative Energy & Fuel/Utility Sub-Team City Vehicle Fleet "Best Practices" Recommendations The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach implement a program to green the city's vehicle fleet. The Sub-Team recommends that the city develop a long-term plan to improve fuel efficiency and reduce emissions, while meeting the fiscal and budgetary constraints of the Fleet Department. The Sub-Team recognizes that fuel and vehicle technology is continually changing and recommends the following guidelines: Continue to replace vehicles with smaller, more economical and fuel efficient vehicles and change the mindset of employees to match the vehicle with job duties (Le., bigger is not always better). Continue to research and compare various contracts (Le., State Contract, Sheriff's Bid, Palm Beach County School District) for fleet purchases to provide the best price for the City. Consider the following factors as part of the long-term fleet plan: Fuel efficiency/miles per gallon Emissions (C02, CO, NOx, SOx, particulates) - Alternative fuels (hydrogen fuel cell, electric, gasoline-electric hybrid, diesel-electric hybrid, biodiesel, ethanol, propane/liquid petroleum gas, compressed or liquid natural gas, and fuel additives) - Mechanical equipment (selective catalytic reduction systems, particulate traps) Cost Update the applicable Administrative Policy Manual (APM) sections related to Fleet to add sustainability/green practices and create a no idling policy. Pursue all available grants to aid in the purchase of green fleet technologies. Consider the use of nitrogen in tires. 74 4580f735 APPENDIX 2 -INITIATIVE 3 Renewable/Alternative Energy & Fuel/Utility Sub-Team Sustainable Procurement Policy Recommendations The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach develop a Sustainable Procurement Policy and seek to do business with companies and organizations that utilize sustainable practices. The Sustainable Procurement Policy is intended to: . Encourage the purchase and use of materials, products and services that best align with the City's fiscal, environmental, climate change, social, community and performance goals. . Reduce the spectrum of environmental impacts from City use of products, including reduction of greenhouse gas emissions, reduction of landfill waste, health and safety risks, and resource consumption. . Incorporate sustainability standards into procurement policy decisions; and empower departments and city purchasing staff to be innovative and demonstrate leadership by incorporating progressive and best-practice sustainability specifications, strategies and practices in procurement decisions. . Encourage vendors to promote products and services that they offer which are most suited to the city sustainability principles . Enhance City Ordinances with sustainability policies. . Encourage and promote both local and national companies to bring forward emerging and progressive sustainable products and services, by being a consumer of such products and companies. . Communicate the city's commitment to sustainable procurement, by modeling the best product and services choices to citizens, other public agencies and private companies. Best Practices & Resources to implement these recommendations can be found on the following websites: http://www . na shville .aov /fi nance/procu rement/ eprocu rement.aspx http://www.seattle.Qov/environment/purchasina.htm http://www.portlandonline.com/omf/index. cfm?c=37732 Metro Nashville has adopted a suite of web based products to improve overall management of procurement. A copy of SMARTrac training module is available. Wal-Mart - Sustainability Product Index -15 Questions for Suppliers www.walmart.com Are our business partners/vendors practicing sustainability? 75 4590f735 APPENDIX 3 -INITIATIVE 4 Renewable/Alternative Energy & Fuel/Utility Sub-Team White Roof Initiative Recommendations The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach implement a program to retrofit city facilities with "white roofs" where feasible. Light-Colored Roofs are proven to save on cooling. Although light-colored materials for roofs make sense, the benefits have only recently been quantified in studies. The most recent study, performed in Florida by the Florida Solar Energy Center (FSEC), showed that reflective white roofs can cut cooling costs by 20 percent or more. The study was carried out by installing a variety of roofing materials on seven otherwise identical homes in Fort Meyers, each of which kept their thermostat at 77 degrees Fahrenheit. The study found the best results with white metal and cement tile roofs, which reflected from 66 to 77 percent of the solar energy, cutting cooling costs by 20 to 23 percent. See the FSEC report, with links to the press release and photos. The Energy Efficiency and Renewable Energy Network (EREN): http://www.eren.doe.Qov/. Federal study on the success of reflective/cool roofs: Berkley Lawrence National Laboratory Study on reflective roofs Federal Energy Management Program: http://www1.eere.enerQy.aov/femp/features/coolroofresources.html Cool Roof Rating Council with resources on certified materials and methods of achieving cool roofs: http://www.coolroofs.ora/ 76 4600f735 APPENDIX 4 -INITIATIVE 4 Renewable/Alternative Energy & Fuel/Utility Sub-Team Open University of the Environment Recommendations Open University of the Environment, Curitiba, Brazil Summary of Content Offered: 1) Training of Stakeholders in Environmental Protection - 16 hours (Provides knowledge and techniques necessary for people interested in the care, protection and conservation can act as educational agents, influencing attitudes with pro- active behavior in the local community.) 2) Citizens and the Environment - 12 hours (The relationship between cities and the environment; human practices for sustainable living that can be adopted to continue the improvement of urban quality of life.) 3) Challenges of Municipal Solid Waste - 12 hours (Avoiding waste generation, how the solid waste system works, reuse, recycling, benefits.) 4) Urban conservation - 4 hours (Direct contact with Protected Urban Areas, Parks, Recreation and the challenges of maintaining them. A critical view of the problems and impacts related to the practices of humans in urban areas.) Advanced courses offered: 1) Practices for a Sustainable Society - 4 hours (Society and the economic, cultural, and environmental issues of sustainability and the latest developments sustainable practices.) 2) Urban rivers - 4 hours (Raise awareness about urban water resources, human impact, the river basin as an instrument of water planning.) 3) Preparation for Activities in Environmental Education - 12 hours (Workshop teaching participants how to develop activities to raise awareness about current environmental issues. Experience and group work used to guide participants in the development of their own activities.) 4) Intro to Systems Thinking - 12 hours (Introduction to Systems Theory as part of environmental education, the interaction among multiple factors which influence sustainability and environmental quality, the use of relational models, etc.) 77 461 of735 In addition to adults, a curriculum called Project ECOS is provided for children, in partnership with the local education authorities, targeting students between the ages of 5 and 12. It is integrated into the school curriculum as well as being utilized for field trip activities in schools. The main objectives are to foster an appreciation and concern for conservation and habits for sustainable behavior in children which in turn may influence their parents and continue into adulthood. Website of The Open University of the Environment: http://www.unilivre.orQ.br/area publica/controles/ScriptPublico. php (In Portuguese) 78 4620f735 (~ r r --- --- SUSTAI NABLE CONSTRUCTION ,~ I'~l~... I ~ ~ 79 463 of 735 L SUSTAINABLE CONSTRUCTION The primary goal of the Sustainable Construction Sub-Team was to outline a Green Building Program for the city, to include a draft Green Building Ordinance that would create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings. Recommendations for addina an Enerav Efficiencv Incentive Element to the Green Buildina Ordinance Identification of Stakeholders . City of Boynton Beach . Builders/Contractors . Developers . Building/Property Owners . Design Professionals SUQaested Eneray Efficiency additions to draft Green Buildinq Ordinance: 2 - Definitions: Add Energy Starr; Boynton Energy Standards (future) 6 - Certification: Include Energy Star & future Boynton Energy Standards (Possibly change title to "Eligibility" for clarification) 7 - Standards: Same as item 6 above including necessity for HERS or similar independent energy audits. (There might be a potential for City Staff to become certified to conduct inspections. RE: Lake Worth) 8 - Compliance Thresholds: Three suggested benchmark levels beyond Energy Star and FBC standards. (15 & 25%) 14 - Certification: Same as item 6 above Enerav Standard Reduction Benchmarks . 15%; 30%; 50% more efficient than the most current nationallECC (residential) & ASHRAE 90.1 (commercial) standard. This accepts the minimum national standard. States must certify they are consistent or more stringent than those standards. An alternative approach could be the nationallECC & ASHRAE standards or the Florida Building Code, which ever is more stringent, but that requires keeping up with figuring out which one is more stringent. Proqram Evaluation . Assess built environment · Residential · Commercial · Industrial · Municipal · Other 80 4640f735 . Determine rating/audit process (either/or; exclusive or combined) · In house staff, retrained to provide energy audits (tap into or create a training program to do so in house or work with private sector to increase job pool to do it from the outside (Explore possible grant applications such as Florida Clean Energy Grant. Benefits may include jobs creation and retention) · Independent certification & audit (Energy Star; HERS; etc.) Proaram Implementation . Design a marketing program to educate the public on the benefits of energy efficiency and improved air quality (Example: Work with local radio station such as Radio Green Earth to develop a quick and easy "guide for homeowners and small businesses on how to go green"; Partnerships with non-profits). . Establish local partnership(s) to offer education, training and resources for contractors and design professionals. Commented on this above but same comment applies here. · User friendly materials written to the owner/builder level . Establish a recognition program for new construction and renovation. . Possible Incentives: · Add Energy Reduction to existing Green Expedited Permit Review · No (or reduced) Cost Energy Audit · Reduced permit fees offset from Sustainable Investment Fund created from a portion of the return from the Renewable Energy Fund - Rebated based on actual % of savings · Coordinated source for Federal, State & local rebates; grant opportunities; alternative funding · Low interest revolving loan fund · Voluntary property tax assessment · Future EECBG/EPA grant opportunities · Enhance CRA Residential Improvement Program Grant ($20,000) to require energy efficient renovations. 81 4650f735 Implementation and Additional Incentives: . City staff to track GHGE reductions/savings from all projects . Periodic audit of actual energy savings over time (3-5 years) . Incentives - o City sponsored signage on construction site indicating program participation. o Permanent placard for buildings o Educate and work with local realtors providing lists of Green Building participants with energy savings data o Low interest revolving loans o GrantslTax Credits Recommendation to City and CRA to add energy efficiency to existing grant programs and affordable housing Best Practice Suggestion - www.boulderareenpoints.com Optional suaaestion: Several communities have implemented mandatory energy audits for Rental units. This information is published along with the unit rental rates for consumer awareness. Owners who choose to improve the energy efficiency ratings are granted incentives to help offset the cost, such as low interest revolving loans; tax credits, direct grant. Best practices: Tucson Arizona Austin Texas Montgomery County Maryland Marin County California Sonoma County Califomia Rohnert Park California Memphis Tennessee (Rentals only) Burlington Vermont (Rentals at time of sale/resale) 82 4660f735 ~Wl\~~ THE CITY OF BOYNTON BEACH GREEN BUILDING ORDIANCE . Purpose The purpose of this chapter is to enhance public health and welfare and assure that further residential, commercial, and civic development is consistent with the city's desire to create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings. The green building provisions referenced in this chapter are designed to achieve the following goals: . Encourage water and resource conservation; . Reduce waste generated by construction projects; . Increase energy efficiency in buildings; . Provide durable buildings that are efficient and economical to own and operate; and . Promote the health and productivity of residents, workers, and visitors to the city. . Encourage sustainable development . Improve quality of life by making the city a valuable destination . Reduce materials sent to landfills and encourage recycling . Definitions For the purposes of this chapter, certain words and terms used are defined as follows: "Applicant" means any entity that applies to the city for the applicable permits to undertake any covered project within the city. "Approved green building inspector" means a person or organization certified or designated by a green building rating system body to perform inspections and provide documentation related to the inspection and verification of covered projects. When not precluded by other requirements, an approved green building inspector also means the green building compliance official. "Building" means any structure used for support or shelter of any use or occupancy, as defined in the Florida Building Code. "City" means the city of Boynton Beach. "City Commission" means the Boynton Beach city commission, or a board or commission, designated by the Boynton Beach city commission. "Director of Development" means the Director of Development of Boynton Beach or her or his designee. "City-sponsored project" means a building(s) funded more than fifty percent by the city and sponsored by the city. A city-sponsored project is on property that is not a part of the public right-of-way and may, or may not, be on city-owned land. 83 467 of 735 "Code" means the Boynton Beach Municipal Code. "Commercial new" means the construction of an entirely new retail, office, industrial, warehouse, or service building(s) within city limits that is not a city- sponsored project, a residential project, or a mixed-use project. "Commercial tenant improvement" means the renovation, remodeling, or rehabilitation of any existing retail, office, industrial warehouse, or service building(s), including additions, within city limits that is not a city-sponsored project, a residential project, or a mixed-use project. "Compliance documentation" means all documentation required by a green building rating system indicating the compliance threshold level that has been achieved. Compliance documentation includes, or excludes, specific requirements as set forth by city commission resolution. "Compliance threshold" means the minimum number of points or rating level of a green building rating system, as specified by city commission resolution that must be attained for a particular covered project type and tier for a covered project. "Construction" means the building or renovation, whether adding additional square footage or not, of any structure or any portion thereof. "Covered project" means any green building project that is subject to this chapter." "Covered project type" means the type and use of a building as defined in this chapter for the express purpose of determining application of a specific guideline. Covered project types include single-family dwelling new, single~family dwelling addition, multi-family dwelling new, multi-family dwelling remodel, commercial new, commercial tenant improvement, mixed-use, and city-sponsored. "Design review" means a review performed by the planning division for a covered project including, but not limited to, a building's architectural components, specific plan, final development plan, or site plan architectural review. "Final inspection" means the final inspection and approval required by the? Florida Building Code when a building is completed and ready for occupancy and use. "Good faith effort" means a project that has not met the required compliance threshold, but for extenuating reasons or reasons beyond the control of the applicant, the green building compliance official has found the project meets the provisions of good faith effort pursuant to Section 9.C.1. "Green building" means the design, construction, and operation of buildings that mitigates the environmental, economic, and social impacts of buildings. 84 4680f735 "Green building compliance official" means the building official or his or her designee. "Green building project checklist" means a checklist or scorecard developed for the purpose of calculating a green building rating. "Green building rating" means the point or performance threshold proposed or achieved for the respective rating system used for a covered project. "Green building rating system" means the rating system associated with a specific guideline adopted by city commission resolution and used to determine compliance thresholds. "Guidelines" means the specified green building rating system that applies to a covered project as set forth by city commission resolution in section. "LEED@" means anyone of the U.S. Green Building Commission's Leadership in Energy and Environmental Design green building programs. "Mixed-use project" means a building(s) within city limits that combines the uses of a commercial project and a residential project. "Multi-family residential project (MFD)" means a residential project containing more than two attached dwelling units, including apartments, condominiums, and townhouses, excepting townhouses that meet the definition of single-family dwellings. "Renovation" means any rehabilitation, repair, remodeling, change, addition, or modification to an existing building. "Residential project" means any building within city limits used for living, sleeping, eating, and cooking. Residential project includes single-family new, single-family addition, and multi-family new. For the purposes of this chapter, a residential project includes assisted-living facilities and senior housing. A residential project does not include hotels, motels, inns, or similar commercial enterprises wherein rooms or suites of rooms are rented for transient occupancy and are considered commercial projects. "Single-family addition" means any residential project that adds new floor area to an existing residence. Single-family residential additions may be attached or detached. "Single-family dwelling (SFD)" means a residential project on a single parcel containing one dwelling unit, or one dwelling unit with a legal second unit or a duplex. For the purposes of this chapter, townhouses shall be considered single- family residential projects provided there are recorded property lines between each unit and the occupancy group and division of each unit is designated as an R-3 as defined in the Florida Building Code. 85 469 of 735 "Structure" means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some definite manner and permanently attached to the ground, as defined in the Florida Building Code. "Tier" means the level of compliance, as indicated by Tier 1, Tier 2, or Tier 3 in Table 1 -- Tiers, for a given covered project type. Tier levels are determined by housing density for single-family, number of dwelling units for multi-family residential new projects, number of dwelling units for multi-family remodel projects, and floor area for all other covered project types. Specified green building standards and compliance thresholds for each tier of each covered project type shall be as set forth by city commission resolution. . General provisions - Applicability · Neither this chapter, nor any of its related green building resolutions, shall affect in any manner the permissible use of property, intensity of development, design and improvement standards, or other applicable standards or requirement of this code, all of which shall be operative and remain in full force and effect without limitation. · When the provisions of this chapter conflict with state law, state law shall govern. · For all non-city projects, the program shall be voluntary. · For any city-owned civic or office construction project, the city is expected to participate in the program. · The Director of Development or their designees shall develop policies and procedures to implement the green building program. . Designation of responsibility for administration and implementation The program shall be administered by the Development Department, which shall be responsible for: · Funding the program through annual funds budgeted and appropriated by the city commission; · Marketing the program to the City of Boynton Beach community by any reasonably effective means, including but not limited to print advertising, press releases, television advertising, or advertising in monthly mailers; · Developing any appropriate or necessary application procedures, including but not limited to, the program application form; 86 4700f735 · Providing an incentive award to any program participant who has successfully satisfied the requirements associated with that incentive; and · Resolving disputes that may arise from implementing the program. . Standard for compliance Covered Projects. All covered projects shall be constructed using the guidelines, green building rating systems, and green building project checklists adopted by THE Development Department. . Certification The program shall be subject to certification by a qualified third party who has been trained and certified as a green building rater. For the purpose of this section of the program, "third party" means any person or entity authorized by the FGBC, ICC or the USGBC to verify that a program participant has satisfied any or all of the requirements associated with the standard designated for a particular project . Standards The program shall be administered using standards developed by the city for certification of retrofitting/remodeling of existing residential units and standards developed by 1) the Florida Green Building Coalition or the NAHB/lCC and 2) the U.S. Green Building Commission for certification of all other building certifications, or other nationally recognized green building rating standards as approved by the city commission. . Compliance threshold for levels of green building established. · Compliance threshold levels for green building are established for all covered projects within the city. · The city commission shall, by resolution, set forth the specific compliance threshold required for each covered project type and tier found below in Tables 1, 2 & 3. 87 471 of735 Table 1 COVERED PROJECT TYPE & TIER Covered Project Tier 1 Tier 2 Tier 3 Type SFD - New > 12 dwelling 7-12 dwelling 1-6 dwelling units/acre unit<;/acre units/acre SFD - Addition >500 square feet MFD - New <20 dwelling 20-50 dwelling >50 dwelling units units units MFD- Remodel <20 dwelling 20-50 dwelling >50 dwelling units units units Commercial - <20,000 square 20,000-50,000 >50,000 square New feet square feet feet Commercial - TI <20,000 square 20,000-50,000 >50,000 square feet square feet feet City-Sponsored <10,000 square 10,000-20,000 >20,000 square feet square feet feet Table 2 APPLICABLE GREEN BUILDING STANDARD Covered Project Tier I I Tier 2 I Tier 3 Type SFD - New FGBC Green Home Designation Standard or NAHB/lCC-700 Standard SFD - Addition FGBC Green Home Designation Standard or NAHB/lCC-700 Standard MFD - New USGBC LEED for Homes - Multi Family MFD - Remodel USGBC LEED for Homes - Multi Family Commercial- New USGBC LEED for New Construction USGBC LEED for Core & Shell USGBC LEED for Schools, Healthcare, Retail Commercial - TI USGBC LEED for Commercial Interiors City-Sponsored As per project type above. 88 472 of735 Table 3 COMPLIANCE THRESHOLD Covered Project Tier I Tier 2 Tier 3 Type SFD - New 30 points (FGBC) 60 points (FGBC) 90 points (FGBC) or NAHB/ICC- or NAHB/ICC- or NAHB/ICC- 700 Bronze 700 Silver 700 Gold SFD - Addition 30 points (FGBC) 60 points (FGBC) 90 points (FGBC) or NAHB/ICC- or NAHB/ICC- or NAHB/ICC- 700 Bronze 700 Silver 700 Gold MFD - New LEED Certified LEED Silver LEED Gold MFD- Remodel LEED Certified LEED Silver LEED Gold Commercial - LEED Certified LEED Silver LEED Gold New Commercial - Tl LEED Certified LEED Silver LEED Gold City -Sponsored Based on project compliance above. . Compliance · Building Permit Documentation. With the application for a building permit, the applicant shall submit: o Building plans shall have a copy of the approved green building project checklist printed on or attached to the plans. Notwithstanding any other provision of this code, no building permit shall be issued for any covered project unless and until the green building compliance official has approved the pre-permitting documentation, including any subsequent changes to the green building project checklist, along with building construction documents and plans. · Documentation for Final Determination of Compliance. Compliance documentation shall be submitted to the green building compliance official demonstrating compliance and achievement of the desired green building rating certification. · Final Determination of Compliance. Prior to approving a final inspection for a covered project, the green building compliance official shall review the documentation submitted by the applicant, along with inspection records and certificates submitted by the approved green building inspector(s), 89 4730f735 and determine whether the applicant has achieved the required compliance threshold. If the green building compliance official determines the applicant has met the requirements for covered projects, the green building compliance official shall make a final determination that the covered project is ready for a final inspection, provided the covered project has received approval of all inspections required by the Florida Building Code. If the green building compliance official determines the applicant has not achieved the required green building rating, the green building compliance official shall find for one of the following: · Good Faith Effort to Comply. A good faith effort to comply shall apply to items on the green building project checklist on an individual basis. Granting of a good faith effort to comply for one item does not preclude the need for the applicant to comply with the other items on the green building project checklist. When an applicant submits a request in writing to the green building compliance official for approval of a good faith effort to comply, and when the green building compliance official determines that the covered project has not met one or more of the requirements for the applicable compliance threshold, the green building compliance official shall determine that the applicant has made a good faith effort to comply with this chapter when any of the following findings can be made: o The cost for providing green building documentation is disproportionate to the overall cost of the project. That is, the cost for compliance documentation is more than 2.5 percent of the total construction cost; or o The green building materials and technologies on the green building project checklist are no longer available or not yet commercially available. · Noncompliant Project. If the green building compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required within the required time period, then the project shall be determined to be noncompliant. . Appeal · Any applicant or person may appeal to the Director of Development the determination of the green building compliance official regarding: o The granting or denial of an exemption; or o Compliance with the ordinance. 90 4740f735 · Appeals to the Director of Development must be filed in writing with the city clerk within fifteen days of the determination by the green building compliance official. The appeal shall state the alleged error or reason for the appeal. In reviewing the appeal, the Director of Development may request additional written or oral information from the applicant or the green building compliance official. The Director of Development shall issue a written determination within thirty days of the receipt of the appeal. · Any applicant or person may appeal to the city commission the determination of the Director of Development regarding: o Compliance with the ordinance; or o Determination of alternate means as approved by the Director of Development at a hearing for noncompliant project. · Appeals to the city commission must be filed in writing with the city clerk within fifteen days of the mailing of written determination by the Director of Development. The appeal shall state the alleged error or reason for the appeal. In reviewing the appeal, the city commission may request additional written or oral information from the applicant, the Director of Development, or the green building compliance official. The city commission shall hold a hearing and issue a written determination within forty-five days of the receipt of the appeal. . Enforcement · Violation. Violation of any provision of this chapter due to the applicant's failure to build the covered project in accordance with the covered project's plans, shall be (TBD) · Civil Penalties. Any person who violates any provision of this chapter is liable to the city for a civil penalty of one thousand dollars. · Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, cumulative and in addition to any other remedy the city may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter. · Certification The covered project shall be subject to certification by a qualified third party who has been trained and certified as a green building rater. For the purpose of this section of the program, "third party" means any person or entity authorized by the FGBC, NAHB/lCC or the USGBC to verify that a program participant has 91 4750f735 satisfied any or all of the requirements associated with the standard designated for a particular project. · Program review. · Staff Review. The Development Department shall initiate a review of the program as necessary to determine the need for changes in the program to increase it effectiveness. · Frequency. The program shall be subject to review one year after the effective date of this ordinance and thereafter at a frequency of no more than once per year. · Purpose. The purpose of reviewing the program includes but is not limited to updating program incentives, recommending program or marketing changes to the city, reviewing suggestions made by program participants, and annually awarding the green building award in accordance with section 6-12(d) of the program. · Incentives. (Need to link Tiers 1, 2 & 3 with various incentives) The program shall consist of incentives designed to encourage the use of the program. · For any program participant seeking program certification for new residential construction, residential retrofitting/remodeling, new commercial/non-city construction, or new city owned civic or office construction, the city's general government shall provide the following incentives based upon the Tier threshold the project achieves through the green building rating organizations: o Fast-track permitting for building permits (Tiers 1, 2 & 3); o Reduced permitting fee, which shall equal XX percent of the fee required for a non-program participant, subject to availability of funds(Tiers 2 & 3); o For all projects other than one and two-family residential projects, there shall be a reduced development plan review fee, which shall equal 50 percent of the fee required for a non- program participant (Tiers 2 & 3); o Density bonuses (Tier 3); o Grants (Tiers 2 & 3); o Tax abatement (Tier 3); 92 4760f735 o Credit for Public Art requirement. Public art and green building practices can be integrated into building plans to create eco-art that serves as functional, educational and I or demonstrative purposes (Tiers 1, 2 & 3). · Marketing. For any program participant seeking program certification for new residential construction, residential retrofitting/remodeling, new commercial/non-municipal construction, or new city owned civic or office construction projects, the city's general government shall provide the following marketing incentives, including but not limited to: o The erection of building site signs designating a project under the program; o The inclusion of program participants on a city webpage dedicated to the program; o The creation of promotional packages such as a program logo for a program participant's advertisements or brochures; o Press releases. o Green building award. For the purpose of publicly recognizing outstanding commitment to "green building," the program shall provide for an award called the "green building award" to be awarded annually by the city's general government to one program participant in each sub-program. 93 4770f735 r EDUCATION (' 94 r 4780f735 EDUCATION SUBTEAM Education Plan 1. Purpose Our purpose is to position the City of Boynton Beach as the pre-eminent resource in South Florida for conservation, energy and transportation efficiency, recycling and green building practices by raising public awareness of the benefits of living green. 2. Benefits By sharing our knowledge, we can encourage and help others to conserve precious resources for now and in the future by reducing the City's carbon footprint. 3. Audience Residents, businesses, City employees, developers and contractors, and "green" professions 4. Strategy We will use a combination of: . Web site - Recycling tips will be developed for the web site. . BBTV - The Education Subteam will develop a short PSA-type message for BBTV. . On hold - Recycling messages will be placed on the on hold message . Utility bills - Recycling messages will be developed for inclusion on the utility bill. . Flyers & Posters - The Education Subteam will develop recycling flyers and posters. . Media - The Education Subteam will work with the media to position Boynton Beach as the "go to" recycling experts. . Newsletter and mailers . Social media . News media . City's marquee 95 4790f735 . Professional organizations . New resident packets (Utilities) . Events . City Services Institute . Construction Site Signs It is difficult at this point to determine specific elements of the Education Plan. Until each subcommittee's actions are determined and prioritized, only a general action plan can be formulated. It is recommended that the City work with the consultants, CDM, to determine which actions the City will pursue and in what timeframe. Initially, an overview of the entire sustainability strategy will be developed to help the public navigate through the process. This will go on the City's web site. In the meantime, Wayne Segal will set up a blog that will keep the public updated on the City's sustainability efforts as well as the progress of the consultant. To expand awareness of the City's recycling program, we will produce a public service announcement encouraging greater participation in the recycling program to be posted on YouTube, BBTV and the website. As the strategy develops, the web site will be expanded to include all branches of the sustainability action plan. Planning for a "Green Event" will take about a year. Consideration should be given to partnering with other agencies such as the Green Market, schools and universities and the business community through the Chamber of Commerce. The development and implementation of a coordinated energy education and public education plan as well as a training program for local businesses is a task that will have to be deferred until the City's climate action plan is finalized and sufficient staff can be employed to implement the program. 96 4800f735 10.B CITY MANAGER'S REPORT April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: March 06, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER ~ CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept report and presentation from CDM for the City of Boynton Beach Greenhouse Gas Emission Inventory. EXPLANATION OF REQUEST: CDM conducted a comprehensive greenhouse gas (GHG) inventory for the City of Boynton Beach, Florida as part of the Energy Efficiency and Community Block Grant (EECBG) Program, utilizing the Clean Air Climate Protection Software from ICLEI: Local Governments for Sustainability, which is compliant with the Local Governments Operations Protocol. The GHG inventory is for calendar year 2006 and outlines major data sources of GHG emissions from both city operations and from the community of Boynton Beach. The year 2006 was chosen as the "baseline" year due to it being a non- hurricane year for which data was readily available. The community-wide inventory includes GHG emissions from within Boynton Beach city limits, such as from residential, commercial, and industrial buildings, public transportation, private vehicles, and solid waste disposal. Data was collected with the help of City staff, directly from outside vendors such as Florida Power and Light (FPL), Florida Public Utilities (FPU), Palm Tran, and Tri-Rail. Overall, the largest source of emissions from the community-wide inventory is from vehicles traveling within the City. The GHG inventory also included sources from city operations. Nearly half of Boynton Beach's GHG emissions from city operations come from the water utilities sector, which includes electricity consumption and process emission from wastewater treatment. The City has taken a significant step in GHG and energy management by establishing a GHG emissions baseline inventory for the entire City. 4810f735 How WILL, THIS AFFECT CITY PROGRAMS OR SERVICES? The City may use this information to make informed decisions regarding GHG emissions and energy management decisions as well as focus funding towards high yielding projects for city operations. The City may also use this information to guide policy developments and broader projects that may reduce community- wide emissions. This GHG emissions inventory is a key step towards establishing a long-term Climate Action Plan for the City of Boynton Beach. FISCAL IMPACT: None at this time. ALTERNATIVES: Not accept the report and presentation. 4820f735 r r r - . - -- - --- - - ... - -- -. CITY OF BOYNTON BEACH, FLORIDA Greenhouse Gas Emissions Inventory March 2010 4830f735 r r CDM (- - - - - 11IIII..-- - __ I Table of Contents Executive Summary... ....... ........ ,... ............ ...................................... ................ ...........iii Section 1 Introduction. ..................... ........ .............................. ............ .............. .......1-1 Section 2 2006 Baseline GHG Inventory Methodology 2.1 Protocols ....................... ............................ .......... ................ ............ 2-1 2.2 Greenhouse Gas Emissions and Sources...................................2-1 2.3 Data Collection ... .......... ........ ............ ............ .................. ........ .......2-2 2.3.1 City Operations Sources.................................................2-2 2.3.2 Community-wide Sources .............................................2-3 2.4 Data Assumptions and Calculations..........................................2-3 2.4.1 City Operations ...............................................................2-3 2.4.1.1 Water and Wastewater Treatment...............2-3 2.4.1.2 Employee Commuting...................................2-4 2.4.2 Community-wide.,.......... .............................. ..................2-4 2.4.2.1 FueIOil.............................................................2-4 2.4.2.2 Palm Tran ........................................................2-5 2.4.2.3 Tri-Rail .............................................................2-5 2.4.2.4 Boynton Beach Trolley ...................................2-5 2.4.2.5 Community Vehicle Miles Traveled............2-6 2.5 Community-wide Double Counting Avoidance......................2-6 2.5.1 Electricity .......... ............ .... ...... ........ .................................. 2-6 2.5.2 Natural Gas..............................................,.................,.....2-6 2.5.3 Vehicle Miles Traveled...................................................2-7 2.6 Greenhouse Gas Emissions Calculations ..................................2-7 2.6.1 CACP Software ...............................................................2-7 2.6.2 Electricity ...... ,............, .......... ............" .................... .... ...... 2-8 2.5.3 Manual Calculations ........... ................ ....... .................... .2-8 2.6.3.1 Wastewater Treatment....,.,............................2-9 2.6.3.2 Residual Fuel Oil ............................................2-9 2.6.3.3 Solid Waste ......................................................2-9 2.7 Operational Boundaries .............................................................2-10 Section 3 2006 Baseline GHG Inventory Results 3.1 City Operations Results ...............................................................3-1 3.1.1 Results By Sector .............................................................3-1 3.1,2 Results By Source ............................................................3-2 3.1.3 Analysis of Results..........................................................3-4 3.2 Community-wide Results............................................................3-6 3.2.1 Results By Source ............................................................3-7 3.2.2 Results By Sector..............................................................3-8 3.2.3 Analysis of Results..........................................................3-8 Section 4 City Operations Greenhouse Gas Emission Forecasts 4.1 Forecast Overview ........................................................................4-1 4.1.1 Forecast Scenarios ...........................................................4-1 4.1.2 Forecast Years ..................................................................4-2 4.1.3 Forecast Sectors ...............................................................4-2 4.2 Forecast Methodology and Assumptions..................................4-2 4840f735 r (' mM 1-'" . Table of Contents 4.3 4.4 4.5 4.2.1 Scenario 1: Business as Usual........................................4-2 4.2.1.1 Population Projections...................................4-2 4.2.1.2 Boynton Beach Policies and Plans................4-4 4.2.1.3 U.s. Energy Information Administration ...4-4 4.2.1.4 Adopted Florida Legislation.........................4-5 4.2.2 Scenario 2: The U.S. Mayor's Climate Protection Agreement........... ............ ......... .......... ...... ........ ................ 4-5 4.2.3 Scenario 3: Pending and Non-binding Florida Legislation............................,..................................... ......4-5 4.2.3.1 Florida Executive Order 07-127....................4-6 4.2.3.2 Proposed Renewable Portfolio Standard ....4-6 4.2.3.3 Boynton Beach Employee Transportation Survey Results......................... ............ ............ 4-7 4.2.3.4 Solid Waste Greenhouse Gas Emissions Forecasting....................................................... 4-7 4.2.3.5 Issues Regarding Pending Legislation ........4-8 Results................................. ............................................................4-8 Analysis of Forecasting Results ..................................................4-9 Expanding on Greenhouse Gas Emissions Forecasting ........4-10 Appendices Appendix A - Support File Listing Appendix B - JCLE! CACP Reports 4850f735 ___ ____ I ,... r CDW (' Executive Summary COM conducted a comprehensive greenhouse gas (GHG) inventory for the City of Boynton Beach, Florida (City) as part of the Department of Energy's (DOE) Energy Efficiency and Community Block Grant Program. The GHG inventory included sources from city operations and from the community of Boynton Beach in calendar year 2006. COM used the Clean Air Climate Protection Software from ICLEI: Local Govenunents for Sustainability which is compliant with the Local Governments Operations Protocol (LGOP). City operations data was collected with the help of City staff and community-wide data was collected directly from outside vendors such as Florida Power and Light (FPL), Florida Public Utilities (FPU), Boynton Beach Community Redevelopment Agency (CRA), Palm Tran, and Tri-RaiI. The total GHG emissions from city operations in 2006 is about 29,300 metric tons of carbon dioxide equivalent (C02e). Over half of the City's GHG emissions from city operations come from the water utilities sector, which includes electricity consumption and process emission from water and wastewater treatment. The overall community of Boynton Beach, including GHG emissions from residential, commercial, and industrial buildings, transportation, and solid waste disposal sources, emitted about 931,300 metric tons of C02e, not including emissions from city operations. With city operations included, the entire City emitted 960,600 metric tons of C02e. Overall, the largest source of emissions from the community-wide inventory is from vehicles traveling within the City. Residents of Boynton Beach emitted 14 metric tons of C02e per capita which is far fewer emissions on a per capita basis compared to others in Florida, and the US which emitted 19 and 24 metric tons of C02e respectively. The City may use this baseline to measure the progress of GHG reduction actions in the future. In addition to creating a baseline GHG emissions inventory, three forecast scenarios were established based on the best information available to provide conservative, reasonable estimates for future emissions of city operations: . Scenario 1: Business as Usual; based on population trends, adopted rules, legislation, and policy since 2006. . Scenario 2: The U.s. Mayor's Climate Protection Agreement; which calls for cities to reduce their GHG emissions at least 7% from 1990 levels by 2012. . Scenario 3: Pending and Non-binding Florida administrative rules and legislation; including the Governor's Executive Order 07-127, the proposed renewable portfolio standard, and the results of the City's employee transportation sun'ey. The gap between the forecasted Scenario 1 and Scenario 3 GHG emission levels illustrate what reductions the City may expect to be required to achieve should future iii 4860f735 r (' CDM (...... regulation be adopted. The difference between these two scenarios is 3% in 2012,13% in 2025, and 18% in 2035. The City may choose to achieve reductions in the electricity sector because lowering GHG emissions from electricity may have the best monetary payback. If the City choose to the achieve GHG reduction between Scenario 1 and Scenario 3 by reducing electricity use only, electricity would need to be reduced 3% by 2012, 17% by 2025, and 25% by 2035. If the City chose to make a 10% reduction in vehicle fuel use as well, electricity would then only need to be reduced 2% by 2012, 16% by 2025, and 23% by 2035. iv 4870f735 r . r CDII ,.. Section 1 Introduction CDM conducted a comprehensive greenhouse gas (GHG) inventory for the City of Boynton Beach, Florida (City) as part of the DOE's Energy Efficiency and Community Block Grant (EECBG) Program. The GHG inventory is for calendar year 2006 and included sources from both city operations and from the community of Boynton Beach. 2006 was chosen as a baseline year for the City because it was considered a normal, or more representative, year, with no major hurricanes or storms that would interrupt normal operations and skew emissions results. The community-wide inventory includes GHG emissions from within Boynton Beach city limits, such as from residential, commercial, and industrial buildings, public transportation, private vehicles, and solid waste disposal. Table 1 ouUines the full list of GHG sources included in the 2006 GHG inventory. Table 1. Sources Included in the 2006 Boynton Beach GHG Inventory Trans The 2006 GHG inventory establishes a baseline to measure the energy use and GHG emissions from the City of Boynton Beach. This report outlines the major sources of GHG emissions from both city operations and the community of Boynton Beach, which may help inform decisions regarding future GHG reduction actions. 1-1 4880f735 r f aJM ,.... , Section 2 2006 Baseline GHG Inventory Methodology 2.1 Protocols The Local Government Operations Protocol For Quantification and Reporting of Greenhouse Gas Inventories (LGOP)1 was created to provide a transparent and consistent structure for local governments to conduct GHG inventories. It advises on the typical sources of GHG emissions considering the structure of local governments, as opposed to corporations or industrial operations. The LGOP is published by The Climate Registry (TCR), a 501(c)(3) non-profit organization that was formed with the intent of improving the consistency and accuracy of GHG emissions reporting in North America. TCR is subscribed to by 41 U.S. states (including Florida), 11 Canadian provinces and six Mexican states, and currently provides the leading unifying GHG inventory guidance in North America. A partnership of TCR, the California Air Resources Board, the California Climate Action Registry, and ICLE! - Local Governments for Sustain ability (ICLEI) developed the LGOP. CDM used the ICLEI Clean Air and Climate Protection (CACP) software to conduct the city operations 2006 GHG inventory. The most recent version of the CACP software is compliant with the LGOP. The CACP software was also used for the community-wide 2006 GHG inventory; however there is not yet a nationally recognized protocol for conducting community- wide GHG inventories. This is important to keep in mind when comparing Boynton Beach's results to other communities (see Section 3). To conduct the community- wide GHG inventory, CDM followed the best practices, extensive experience, and recommendations from the LGOP to supplement the CACP software. 2.2 Greenhouse Gas Emissions and Sources Figure 1 lists the six GHGs regulated under the Kyoto Protocol which are widely accepted as the main causes of climate change, along with example emissions sources. These GHGs are: carbon dioxide (C02), methane (CH4), nitrous oxide (N20), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). As shown in Figure 1, the primary sources of GHG emissions are the combustion of fossil fuels which release C02, C~, and N20; releases of C~ and N20 from biological processes; releases of HFCs, PFCs from refrigeration and fire suppression equipment; and releases of SF6 from high-voltage electrical equipment typically owned by utilities. GHG emissions from the City are primarily C02, but also include C~, N20, and a small amount of HFCs. I California Air Resources Board, California Climate Action Registry, ICLEI-Local Governments for Sustainability, & The Climate Registry. Local Govermnent Operations Protocol. The Climate Registry, September 2008. 2-1 4890f735 r , r . CDM (' Section 2 Methodology DIRECT INDIRECT GIG EIIIISSIONS GHG EMISSIONS COIIIIi.noR O' o.MC!. o.YE. IIOB. ....... .... . . ~.. ~l ~E~B~mmm iJTIER IIHG ll'llSSlOr:: ~ ffomwac:so.nctWIJGHG~1ClO1 Figure 1. Direct and Indirect Emissions Sources 2.3 Data Collection The basis of any GHG inventory is the activity data which is used to calculate GHG emissions. The LGOP provides emission factors which are applied to activity data in the CACP software to calculate the resulting GHG emissions. With the help of Boynton Beach staff, Florida Power and Light (FPL), Florida Public Utilities (FPU), Boynton Beach Community Redevelopment Agency (CRA), Palm Tran, Tri-Rail, and Florida Department of Transportation (DOT), COM gathered the following annual and! or monthly activity data to conduct the 2006 GHG inventory. 2.3.1 City Operations Emission Sources · Electricity purchased for City facilities, including buildings, street and traffic lights, water and wastewater treatment facilities; . Natural gas and propane used for heating City facilities; . Gasoline and diesel fuel use in City-owned vehicles and mobile equipment; 2-2 4900f735 F' c caw r' I Section 2 Methodology . Fugitive refrigerant releases from sources such as ice machines and refrigeration equipment; . Fugitive N20 emissions from wastewater treatment processes and effluent discharge; . Solid waste emissions from the decomposition and combustion of municipal solid waste (MSW); and . Fuel combustion from City employee commuting. 2.3.2 Community-wide Emission Sources . Electricity purchased in the residential, commercial, and industrial sectors; . Natural gas purchased in the residential, commercial, and industrial sectors; . Estimated fuel oil consumption by the residential, commercial, and industrial sectors based on statewide data; . Modeled vehicle miles traveled within City limits for all private vehicles; . Public transportation within City limits from the Boynton Beach Trolley, Palm Tran and Tri-Rail; and . Solid waste emissions from decomposition and combustion of MSW. 2.4 Data Assumptions and Calculations In some cases, the data provided for the GHG inventory was for calendar years other than 2006 or was not specific to Boynton Beach but instead Palm Beach County or the state of Florida. In these cases, COM made assumptions and/ or calculations based on best practices and experience with other municipal GHG inventories. The data sectors which were modified are discussed further below with an explanation of how COM calculated 2006 data. 2.4.1 City Operations 2.4.1.1 Water and Wastewater Treatment The City of Boynton Beach provides over 100,000 people with potable water service. The incorporated population for Boynton Beach was 67,644 in 2006 while the remaining 30,000 or so people being served by the City water utilities live just beyond the City limits. Because the City solely owns and operates all the water treatment plants and facilities, all GHG emissions from electricity associated with water treatment are included in the city operations total. 2-3 491 of735 r r CDM r , .. Section 2 Methodology The South Central Regional Wastewater Treatment Plant (SCRWWTP) is co-owned by Boynton Beach and Delray Beach, Florida. SCRWWTP serves approximately 200,000 people between the incorporated and unincorporated populations of Boynton Beach and Delray Beach. SCRWWTP tracks annual flow rates from the incorporated and unincorporated areas of both cities. Approximately 57% of SCRWWTP serves incorporated and unincorporated areas of Boynton Beach, therefore, 57% of the process and electricity use GHG emissions from SCRWWTP are attributable to the City. 2.4.1.2 Employee Commuting The home addresses of 549 Boynton Beach employees were provided by the City. The distance from each unique zip code to Boynton Beach was estimated using Google Maps and geographic information systems (GIS) were used by Florida Atlantic University (FAU) student interns to calculate the actual distance for Boynton Beach employees who are also residents. The average one way commute of Boynton Beach employees was just over 8.5 miles. An additional 362 employees are covered by Chapter 119, F.S., Florida's Public Records law, and home addresses were not available; the average commute for other employees was used to determine the number of miles employees covered by Chapter 119 drove to work. To determine the total number of miles driven by employees annually, the one way mileage was doubled to account for round trips and multiplied by 235 working days per year. 235 working days per year assumes a five day work week, ten holidays, five sick days, and ten vacation days in 2006. These addresses were of employees as of September 2009, however it was assumed that the overall number of employees and distance traveled to work would not change from 2006 to 2009. 2.4.2 Community-wide 2.4.2.1 Fuel Oil Fuel oil consumption within the City is not readily available through vendor information. To estimate fuel oil consumption, CDM used fuel oil consumption and sales data for the state of Florida, available from the U.S. Energy Information Administration (EIA) 2. The EIA breaks fuel oil consumption data down into fuel oil type and sector consumption as shown in Table 2. Each sector consumption value was then scaled back based on the population of Boynton Beach as compared with the population of the state of Florida. While fuel oil consumption in the state of Florida is less than in other states due to climate, it is important to include for a complete GHG inventory. 2 U.S. Energy Information Administration. Petroleum Summary Dara & Analysis: Distillate and Residual Fuel Oil by End Use.< http://tonto.eia.doe.gov/dnav/petJpecsum_top.asp> 2-4 4920f735 r r CD\t ,... , Section 2 Methodology Table 2. Availability of Fuel Oil Sales and Consumption Sectors Sector Distillate Fuel Oil (#1,2.4) Residual Fuel Oil (#5,6) Residential available not used Commercial available available Industrial available available 2.4.2.2 Palm Tran Palm Tran is a public bus system that operates 35 bus routes in Palm Beach County. Palm Tran provided all diesel and gasoline consumption in 2006 from their buses, cars, and trucks. This fuel consumption needed to be scaled down to estimate the amount of fuel used within the borders of Boynton Beach. CDM determined that of the 35 bus routes there were 218 major stops listed on the Palm Tran schedules. Thirteen of those stops were within Boynton Beach on six different bus lines, meaning that nearly 6% of major Palm Tran stops were in Boynton Beach. In order to attribute some of Palm Tran's emissions to Boynton Beach, CDM estimated that 6% of the total fuel consumption provided by Palm Tran was combusted within Boynton Beach. 2.4.2.3 Tn-Rail Tri-Rail is a commuter train that runs from Miami International Airport to Mangonia Park Station in West Palm Beach with a total of 22 stops and one stop in Boynton Beach. The CDM Team was able to. provide Tri-Rail diesel fuel and B20 biodiesel usage for 2009. There was a significant jump in Tri-Rail ridership between 2006 and 2009. Rather than use 2009 activity data, which may skew GHG emission results, CDM estimated 2006 fuel usage based on the difference in Tri-Rail ridership between 2006 and 2009. The total estimated 2006 diesel and B20 fuel was divided by the total number of stops to determine the share of fuel attributable to Boynton Beach. The CACP software allows for the input of BI00 biodiesel, but not B20. B20 biodiesel is a mix that consists of 20% BI00 and 80% conventional diesel fuel. CDM input 20% of the total B20 usage as BI00 and 80% of the total B20 as diesel fuel in the CACP software. 2.4.2.4 Boynton Beach Trolley The Boynton Beach Trolley began operation in 2005 and provides local transportation to major points in the Gty. Two trolleys operate five days a week; each trolley is driven on a 12 mile round trip loop 7.5 times per day. This results in a total of 46,800 miles annually. The CRA determined that the trolley has a fuel economy of about seven miles per gallon. This results in approximately 6,686 gallons of gasoline fuel 2-5 4930f735 r r CDM r Section 2 Methodology consumed annually. CDM entered this fuel total into the CACP software to calculate GHG emissions. 2.4.2.5 Community Vehicle Miles Traveled Annual vehicle miles traveled (VMT) within the City of Boynton Beach for 2008 were compiled by the DOT. Isolated Boynton Beach VMT was not available for 2006; however DOT provided a ratio of VMT change for Palm Beach County from 2006 to 2008. DOT recommended applying this same ratio to the 2008 VMT for Boynton Beach to estimate 2006 VMT. 2.5 Community-wide Double Counting Avoidance Some city operations data overlaps community-wide data since it is provided as an aggregate for the entire city. The city operations data is often more detailed and complete which allows the City to pinpoint emission sources; for this reason city operations data was subtracted from the community-wide totals to avoid double counting, rather than the other way around. In addition, community-wide VMT takes into account several other on-road vehicle categories. For the Gty of Boynton Beach, the following totals were adjusted before being entered into the CACP software: 2.5.1 Electricity FPL provided electricity consumption within City limits separated into several categories. CDM clarified that all electricity usage from the "Other Sales to Public Authority" was from city operations and part of the "Public Street & Highway Lighting" was from city operations - the rest was from lights owned by the state of Florida. The remaining double counted electricity usage from city operations was in the "commercial" category. To avoid double counting, CDM subtracted the city operations totals from the categories list above to determine an accurate community- wide total electricity usage total. 2.5.2 Natural Gas FPU provided natural gas consumption within Gty limits separated into multiple commercial categories. The" commercial" category referenced in this report includes "Large Volume (Commercial/Industrial)", "General Service Commercial", and Commercial generator only" categories as defined by FPU. In addition, the commercial category includes the "Public Authority (govt housing/buildings)" category, which includes city operations natural gas as well as Palm Beach county schools in Boynton Beach. CDM subtracted all city operations usage from the "commercial" category. 2-6 4940f735 r r , aat r Section 2 Methodology 2.5.3 Vehicle Miles Traveled The city vehicle fleet, employee commuting, the Boynton Beach Trolley and Palm Tran fuel usage was all double counted in the community VMT data provided by DOT since these vehicles are included in DOT s modeling estimates. The total GHG emissions in this category in the CACP software still contains emissions from the city vehicle fleet, employee commuting, the Boynton Beach Trolley and Palm Tran because the data was provided in different units and could not be separated until GHG emissions were calculated. CDM subtracted these double counted categories separately when calculating GHG emission totals for this report. 2.6 Greenhouse Gas Emissions Calculations 2.6.1 CACP Software The activity data was in most cases input directly into the CACP software. The CACP software then uses emissions factors from the LGOP to calculate the resulting GHG emissions. Each GHG has a global warming potential (GWP) which represents the ability of each GHG to trap heat in the atmosphere and is the ratio of the heat trapping ability normalized to that for C02 (Le., C02 has a GWP of 1). GWP are applied to the raw GHG emissions in the CACP software to report emissions in terms of carbon dioxide equivalents (C02e). GWP values from the Intergovernmental Panel on Climate Change (IPCC) Second Assessment Report3 were used, as shown in Table 3 below. Although these are not the most up-to-date GWP values available according to the latest lPCC reports, they are currently used by the CACP software, the LGOP and other accounting protocols. Table 3. Applicable Global Warming Potential GHG Pollutant GWP Values CO2 1 CH4 21 N20 310 HFC-134A 1300 R402B 1064 R404A 3260 3 Intergovernmental Panel on Climate Change. [PCC Second Assessment Repon: Climate Change. 1995. 2-7 4950f735 r r CDM r 2.6.2 Electricity Section 2 Methodology The emission factors for grid-based electricity in the LGOP are based on the U.s. Environmental Protection Agency's (EPA) Emissions & Generation Resource Integrated Database (eGRID). eGRID is a compilation of electricity emission factors developed from the annual, actual emissions data from electricity generation nationwide. This data is aggregated by electric grid-region, creating regionally based electricity emission factors. All electricity used in Boynton Beach (both for city operations and community-wide) is from the Florida Reliability Coordinating Council (FRCC) eGRID region as shown in Figure 2. -~ ~ .0 HIO... , ~ H1MS~ Figure 2. eGRID Subregions 2.6.3 Manual Calculations Some GHG emissions calculations were best performed outside of the CACP software, due to the availability of more precise techniques. These calculations included wastewater treatment plant operations, residual fuel oil, and solid waste. Once the calculations were made, the GHG emissions were input directly into the CACP software. The process and methodology for calculating GHG emissions from each of these sources is described below: 2-8 4960f735 CDM Section 2 Methodology 2.6.3.1 Wastewater Treatment As mentioned in section 2.4.1.1, SCRWWTP is co-owned by Boynton Beach and Delray Beach, Florida and serves approximately 200,000 people between the incorporated and unincorporated populations of Boynton Beach and Delray Beach. N2<) emissions from treatment processes were calculated based on the total population that is served by the plant and the emission factors from the LGOP for a wastewater treatment plant without nitrification4. Nitrous oxide emissions from effluent discharge were calculated using the measured average of total nitrogen discharged at SCRWWTP and the effluent emission factor provided by the LGOps. Since the emissions from SCRWWTP are jointly those of Boynton Beach and Delray Beach, CDM took the ratio of the annual flow rates from both cities, and applied them to total GHG emissions to calculate GHG emissions from wastewater treatment for Boynton Beach. The N20 emissions from treatment without nitrification and effluent discharge Boynton Beach were added and input into the CACP software. 2.6.3.2 Residual Fuel Oil The CACP software automatically calculates GHG emissions from distillate fuel oil but not from residual fuel oil. According to the EIA, residual fuel oil was only used by commercial and industrial facilities. CDM applied the appropriate emission factors from the LGOp6 to calculate GHG emissions from residual fuel oil and input the total kilograms of each GHG into the CACP software. 2.6.3.3 Solid Waste All municipal solid waste (MSW) generated within the City is disposed of at the Solid Waste Authority (SWAYs North County Resource Recovery Facility (NCRRF) in West Palm Beach, Florida. The NCRRF consists of both a landfill with a landfill gas recovery system and a waste-to-energy facility. As such, the GHG emissions from the NCRRF include fugitive and combusted CH4 emissions from the landfill and C02, CH4 and N20 emissions from the combustion of MSW at the waste to energy facility. The GHG emissions from the landfill were calculated based on the landfill gas flow rate using the equations and methods provided in the LGOp7. For the waste to energy facility, CDM used emission factors for C02, CH4 and N20 generated per ton of MSW combusted from the EP A Mandatory Greenhouse Gas Reporting Rule8. 4 LGOP, Chapter 10, Equation 10.8. 5 LGOP, Chapter 10, Equation 10.9. (, LGOP, Tables G.land G.3. 7 LOOP, Chapter 9. R U.S. Environmental Protection Agency. Mandatory Reponing of Greenhouse Gases: Final Rule. 40 C.F.R. Parts 86, 87, 89 et al. Table C-I and C-2. October, 2009 2-9 4970f735 CDtt Section 2 Methodology To determine the GHG emissions from NCRRF attributable from MSW generated by Boynton Beach city operations, a ratio based on the annual 2006 MSW accepted by NCRRF to the annual 2006 MSW generation from city operations was applied to the total GHG emissions. The same method was used for annual 2006 MSW generation community-wide. City staff provided MSW generation from city operations and community-wide. CDM was able to provide information specific to NCRRF. GHG emissions were input directly into the CACP software. The calculation below details this method and is applicable for both city operations and community-wide solid waste calculations: A+B=C CxD=E Where: A = Total MSW generated by Boynton Beach (either city aperations or community- wide) B = Total MSW accepted at NCRRF C= Percentage of MSW accepted at NCRRF that was generated by Boynton Beach (either city aperations or community-wide) o = Total GHG emissions from MSW at NCRRF E = Total GHG emissions at NCRRF from MSW generated by Boynton Beach (either city operations or community-wide) 2.7 Operational Boundaries The LGOP separates city operations GHG emissions into three categories, referred to as "operational boundaries" which allows for more effective GHG management and serves to minimize the potential double counting of emissions (see Figure 1). The categories, also called Scopes, include: . Direct / Scope 1 Emissions associated with fuel combustion by stationary and mobile combustion sources, and fugitive emissions from refrigerant equipment directly owned and operated by the City; . Indirect / Scope 2 Emissions from purchased electricity or steam generated by utilities or service providers for city-operations; and . Optional/Scope 3 Other indirect emissions, such as those from employee commuting and solid waste. All emissions from the community-wide GHG 2-10 4980f735 CDM Section 2 Methodology inventory are considered Optional/Scope 3 emissions because the City of Boynton Beach does not have direct control over these sources. GHG emissions from city operations are split into operational boundaries in Section 3 (see Table 6, Figure 6) to assist the City in determining which emission sources the City has the most direct control over reducing. 2-11 4990f735 (' r aat r Section 3 2006 Baseline GHG Inventory Results 3.1 City Operations Results The City of Boynton Beach's total GHG emissions from city operations is broken out by sector and by source below. GHG emission sectors refer to local government sectors such as buildings and facilities or streetlighting. Categorizing GHG emissions in terms of sectors can make it easier to communicate GHG emissions to the public or internally for policy decision makers. GHG emission sources refer to the actual source of emissions, such as electricity or natural gas combustion. 3.1.1 Results By Sector The City of Boynton Beach's total GHG emissions from city operations in 2006 is about 29,300 metric tons of CO~. Figure 3 shows this breakdown by detailed sector. Over half of Boynton Beach's GHG emissions from city operations come from the water utilities sector, which includes electricity consumption and process emissions from water and wastewater treatment, which is a typical breakdown for u.s. cities. Figure 3. 2006 City Operations GHG Emissions by Sector Streetlights & Traffic Signals 4% Water Delivery Facilities 29% Building & Facilities 20% Refrigerants Solid Waste 0.1% 2.4% Wastewater Facilities 24% Employee Commuting 5% Mobile Equipment 1% 3-1 5000f735 r r CDM r Section 3 Results Figure 4 shows the 15% of GHG emissions from the City's vehicle fleet broken out by department, based on recent fuel sales. 85% of GHG emissions from the vehicle fleet are from the solid waste, police, water utilities and fire departments. The other category, consisting of 6% of vehicle fleet emissions is made up of 14 departments all of which emit 60 metric tons of C02e or fewer from the operation of their vehicles. Figure 4. Estimated 2006 Vehicle Fleet GHG Emissions by Department Other Departments 6% Police 28% Forestry and Grounds 2% Facilities Management 2% Parks Department 3% 3.1.2 Results By Source Overall, the largest source of emissions is from electricity use in buildings, facilities (including water delivery and wastewater facilities), streetlights and traffic lights, which common in U.S. cities. Electricity makes up over 75% of the total city operations GHG inventory with over 22,000 metric tons of CO~ as shown in Figure 5. Boynton Beach's city operations GHG profile is typical of other Florida cities including North Miami, Florida9 and Clearwater, Florida10 as shown in Table 4. GHG emissions from electricity typically make up the majority of GHG emissions for municipailities, despite being indirect emission sources that the City does not have direct control of reducing at the power plant level. 9 City of North Miami, Greenhollse Gas Emissiolls IlIventory. Prepared by CDM. August 2008. 10 City of Clearwater, Greenhollse Gas Im'entory Report (2000 alld 2007): City of Cleanmter Government Operations. Prepared by Sandra Kling. University of South Rorida. June 2008. 3-2 501 of735 ,- 1 (' aJM r Section 3 Results Figure 5. 2006 Annual Metric Tons of GHG (C02e) Emissions by Source City Operations 25,000 20,000 15,000 10,000 5,000 6 26 577 378 15 o ~'l>" ~ .$0 ~ ~ :",~tO e';> q,...cF ~ ~ e.:i- ~'l>~ ~ .e" Q'< ~~e ~'l>q> o~ iJ-~ <<>" ~<J ~'Ii .~ if ~ ~e ~ ...oq q, ~e ~'l><; ~~ cp T bl 4 C fM th US C"f IE' . a e ompanson 0 unlclpa missions 10 0 er lies Boynton Beach, FL N. Miami, FL Clearwater, FL Source (2006) (2006) (2007) Population II 67,644 57,670 108,787 Electricity 75.7% 80.0% 77.6% Heating Fuel 0.1% 1.0% 1.7% Wastewater Processing 1.3% 0.0% 0.0% Vehicle Fleet and 15.9% 19% 19.3% equipment Solid Waste 2.0% 0.0% 1.4% Refrigerants 0.1% 0.0% 0.0% Employee Commuting 5.0% 0.0% 0.0% Total 100.0% 100.0% 100.0% II As stated in Sections 2.4.1.1 and 2.6.3.1, the water and wastewater utilities serve unincorporated populations not included in these population totals. The city operations total accounts for the total emissions from water utilities because the city owns and operates the facilities, regardless of service area. For the purposes of this discussion, using the incorporated population only for per capita rnetrics accurate. 3-3 5020f735 r C' CDM (' Section 3 Results 3.1.3 Analysis of Results Table 5 highlights sources that individually contribute a significant portion of total GHG emissions for city operations. These eight large emission sources may be an appropriate starting point for considering how to spend other EECBG funding as they may represent the greatest potential for GHG and energy savings. Table 5. Large Individual Sources of City Operations GHG Emissions Highlighted Sources Metric Percent of Tons C02e Total South Central Regional Wastewater Treahnent Plant, 5,258 17.9% 1801 North Congress Avenue Membrane Softening Water Treahnent Plant, 4,990 17.0% 5469 West Boynton Beach Boulevard Vehide Fleet 4,416 15.1% City Hall, 100 East Boynton Beach Boulevard 2,315 7.9% Wastewater Pumping Stations 1,829 6.2% Lime Softening Water Treahnent Plant, 1,536 5.2% 124 East Woolbright Road Employee Commuting 1,476 5.0% Streetlights & Traffic Signals 1,237 4.2% Hester Center, 1901 North Seacrest Boulevard 512 1.7% Total 23,569 80.3% When considering GHG emissions from city operations, it is also important to analyze emissions by the operational boundaries to determine where the City has the most direct control over reducing GHG emissions, as discussed in Section 2. Evaluating emissions in this way also assists the City to assess their GHG emissions in the context of emerging and existing GHG reporting and regulations as discussed below. Table 6 and Figure 6 shows that the City has direct control and regulatory responsibility over only 17% of total GHG emissions. The City also has indirect control over about 76% of the total GHG emissions that are from electricity consumption; the City may manage the electricity consumed, however the physical GHG emissions from electricity consumption occur at power plants generating electricity. This means that the power plant operators have regulatory responsibility for these errrlssions, not the City. 3-4 5030f735 r r CDM r \ Table 6. 2006 GHG Emissions by Operational Boundary Source Metric Tons C02t! Natural Gas 6 Propane 15 Refrigerants 26 Mobile Equipment 241 Wastewater Processing 378 Vehide Fleet 4416 Direct / Scope 1 Emissions 17.3% Electricity 22,198 Indirect / Scope 2 Emissions 75.7% Employee Commuting 1,476 Solid Waste 577 Other / Scope 3 Sources 7.0% Figure 6. 2006 GHG Emissions by Opera'tional Boundary Direct / Scope 1 Emissions 17% Section 3 Results Indirect / Scope 2 Emissions 76% Other / Scope 3 Sources 7% 504 of 735 3-5 ( -r CDM (..... Section 3 Results In October 2009, in response to the Consolidated Appropriations Act,12 the EP A published mandatory GHG reporting requirements (MRR)13 under its existing authority under the federal Oean Air Act14. Multiple Direct/Scope 1 sources such as stationary combustion will be required to report GHG emissions to the EP A if they trigger certain thresholds for reporting. Under the MRR, most direct (Scope 1) combustion emissions sources greater than 25,000 metric tons of CO~ annually will be required to report GHG emissions on an annual basis beginning in 2011. In addition to the finalized MRR, U.s. Congress may pass additional legislation that could potentially reduce this reporting threshold to 10,000 metric tons C02e. The House of Representatives passed the American Oean Energy and Security Act15 in June 2009; the Senate is currently debating the Oean Energy Jobs and American Power Act16 which is similar legislation that establishes the same reporting threshold. Finally, the Carbon Limits and Energy for America's Renewal (CLEAR) Act17 was introduced in December 2009 proposing greenhouse gas emissions reduction standards which will require some level of accounting and reporting It has been determined through this GHG inventory, the City of Boynton Beach does not have any sources that would trigger mandatory reporting to the EP A or the current legislation in Congress at this time. The State of Florida has established mandatory GHG reporting for electricity generation sources18, but it is uncertain how this requirement may be implemented pending resolution of the State's approach on cap and trade legislation. While this does not impact the City of Boynton Beach at this time, other states have established economy-wide GHG emissions reporting requirements with much lower thresholds. CDM recommends that the City should continue to track GHG emissions as well as federal and state reporting requirements to ensure they remain in compliance with all GHG reporting requirements as they evolve at the state and federal levels. 3.2 Community-wide Results The City of Boynton Beach's total community-wide GHG emissions from city operations is broken out by source and by sector below. GHG emission sources refer to the actual source of emissions, such as electricity or natural gas combustion, just as in the city operations GHG inventory. GHG emission sectors refer community area such as residential or commercial. 12 H.R. 2764; Public Law 110-161. 13 U.S. Environmental Protection Agency. Mandalar)' Reporting of Greenhouse Gases; Final Rille. 40 C.P.R. Parts 86, 87, 89 et aJ. 14 Sections 114 and 208 of 42 U.S.c. ~~ 7414 & 7542 IS H.R. 2454, lllth Congo (2009). 16 S. 1733, Illlb Congo (2009). 17 S.2877, Illth Congo (2009). 18 Section 403.44. F.S. 3-6 5050f735 r r CDW r . - - - __ - - __ II Section 3 Results 3.2.1 Results By Source The City of Boynton Beach's total GHG emissions from the community in 2006 is about 931,300 metric tons of C02e, not including emissions from city operations. This includes GHG emissions from electricity, natural gas, aod fuel oil used in residential, commercial, and industrial buildings, private vehicles traveling within city limits, public transportation and solid waste disposal. Overall, the largest source of emissions is transportation as shown in Figure 7 and Table 7. The next largest source of GHG emissions is electricity used in residential, commercial, and industrial build in s. 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 o Figure 7. 2006 Annual metric tons of GHG (C02e) Emissions by Emissions Source Community-Wide o~ ~ '<,.::> (:,'b" ~ ~.::> ~'I> .o~ ,#'l <<J. '{o..tt." ~~ ~ '<,'1> ...tt. ~'b<j ~~ r.p ~o~ ~'I> o ~..q, ~~ ~c. ~ ~ ~o~ ~'I> ~..~ ~~ Table 7. City of Boynton Beach Community-wide 2006 GRG Emissions Source Metric Tons C02e Percent of Total Fuel Oil 14 0.0% Public Transportation 2,366 0.3% Natural Gas 5,811 0.6% Solid Waste Facilities 33,018 3.5% Electricitv 433,231 46.5% Transportation 456,865 49.1% Total 931,305 3-7 5060f735 r r CDM r Section 3 Results 3.2.2 Results By Sector When community-wide emissions are broken out by sector, transportation is still by far the largest sector making up nearly half of the City's emissions as shown in Figure 8. The residential and commercial sectors each make up nearly a quarter of the City's emissions profile. City operations emissions account for a very small part of total emissions at only 3%, which is typical of US cities. While the city operations emissions make up a small piece, the City has the opportunity to lead the rest of the community by example. Figure 8. 2006 Percentage of GHG Emissions by Emissions Sector Community-Wide Public Transportation 0.25% Transportation 48% Commercial 21% Solid Waste Facilities 3% City Operations 3% Residential 25% Industrial 0.5% 3.2.3 Analysis of Results The City of Boynton Beach had a population of 67,644 in 2006; in 2006 each Boynton Beach resident emitted 14 metric tons of C02E!, used 11,000 kilowatt-hour (kwh) of electricity and 16 therms of natural gas, and drove about 11,500 miles as shown in Table 8 compared with national per capita rates. Residents of Boynton Beach emitted far fewer emissions on a per capita basis compared to others in Florida19, the US20, 19 Florida Action Team on Energy and Climate Change, Florida's Energy and Climate Change Action Plan. Prepared by the Center for Climate Strategies. October 2008. 20 U.S. Environmental Protection Agency,lm'entory of u.s. Greenhouse Gas Emissions and Sinks: 1990-2007. April 2009. 3-8 507 of 735 CDM Section 3 Results and Gainsville, Florida21 but are higher than those of North Miami, Floridas as shown in Table 9. Table 8. Breakdown of Communi -wide GHG statistics Bo ton Beach U.S. (200 ulation 67,644 301,579,895 ita 14 24 11,009 12,483 16 785 11,491 10,046 Table 9. Per Ca ita Metrics (metric tons of C02e) Per Capita Emissions Population Ci 14 19 24 10 16 67,644 18,088,505 301,579,895 57,670 124,491 The City has taken a significant step in GHG and energy management by establishing a GHG emissions baseline inventory for the entire City. The City may use this information to make informed GHG emissions and energy management decisions as well as focus funding towards high yielding projects for city operations. The City may also use this information to guide policy developments and decisions and prioritize broader projects that may reduce community-wide emissions. This GHG emissions inventory is a key step towards establishing a long-term Climate Action Plan (CAP) for the City of Boynton Beach. 21 Gainsville, Florida, One community's strategy to reduce global warming. < http://www.gru.com/Pdf/Final% 2OClimate% 2OChange. pdf> 3-9 508 of 735 mil Section 4 City Operations Greenhouse Gas Emission Forecasts 4.1 Forecast Overview The City of Boynton Beach is interested in establishing an aggressive, achievable, and informed GHG reduction goal for city operations GHG emissions. Forecasting GHG emissions assists the City in further analyzing the projected path of GHG emissions in the City and understanding what a set goal could mean. GHG reduction goals that should be taken into account include an analysis of external factors such as population changes, electricity demand, adopted and proposed regulations, and other factors rather than an subjective percent reduction. Subjective reduction goals can result in difficulty towards making progress because they are not based on analysis and therefore may not be feasible. In order to begin to develop a goal for the City, CDM analyzed three different GHG emissions forecast scenarios for city operations. At this time, forecasts were created for city operations only because the City does not have direct control over the community-wide GHG emissions. While these forecasts do not necessarily translate into a GHG reduction goal that should be adopted by the City, they give the City a better understanding of what types of issues should be considered. 4.1.1 Forecast Scenarios Forecast scenarios were established based on the best information available to provide conservative, reasonable estimates. Three GHG emissions forecast scenarios were chosen for city operations and based on the 2006 Baseline GHG Inventory for city operations: . Scenario 1: Business as Usual; including population estimates, the City's newly adopted four day work week, the EIA's projected electricity sales and generation mix in the FRCC region, the City's 10-Year Water Supply Facilities Work Plan, and adopted Florida legislation such as the California (CA) motor vehicle standard. . Scenario 2: The U.s. Mayor's Climate Protection Agreement; which calls for cities to reduce their GHG emissions at least 7% from 1990 levels by 2012 - in line with the U.S: s Kyoto Protocol reduction target. Over 1,000 communities have signed the agreement. . Scenario 3: Pending and Non-binding Florida legislation; including Florida Executive Order 07-127, the Florida Department of Environmental Protection's 4-1 5090f735 CDI Section 4 Forecasts proposed renewable portfolio standard rule, and the results of the City's employee transportation survey. 4.1.2 Forecast Years Each of the three forecast scenarios were projected from the 2006 baseline year to 2012, 2025, and 2035. 2012 was chosen as a forecast year because it is the target year for Scenario 2's GHG reductions. From there, the mid-term year of 2025 and the long- term year of 2035 were chosen to provide more or less 10 year forecasts from the 2006 baseline. 4.1.3 Forecast Sectors The considerations for each forecast scenario impact each of the GHG emissions sectors differently. For that reason, it is necessary to create GHG emission forecasts for each GHG emissions source and sector. In addition, sources were split by operational boundary as shown in Table 10. 4.2 Forecasting Methodology and Assumptions Unlike city operations GHG inventories, there is not a published standard or protocol for creating GHG emissions forecasts. This is important to keep in mind when comparing Boynton Beach's emissions forecasts results to other communities, which may take into consideration more or less forecasting information. To conduct the GHG emissions forecasts, CDM followed the best practices and extensive experience using the data outlined below. 4.2.1 Scenario 1: Business as Usual The BAU scenario takes into account the current projected path of GHG emissions based on population, City plans and operations, Florida regulations that have or will take effect since the 2006 baseline year, and national electricity projections. 4.2.1.1 Population Projections The City provided population projections from the Bureau of Economic and Business Research (BEBR) at the University of Florida which had been adjusted from Palm Beach County's population. BEBR population projections are through 2030. CDM modeled population through 2035 assuming that growth would continue on a linear path. Population growth from 2006 through 2012, 2025, and 2035 was assumed to impact several city operations GHG emissions sources, including natural gas and propane used in buildings and facilities, refrigerant releases, wastewater processes and electricity use, the City vehicle fleet and mobile equipment, employee commuting, 4-2 510 of735 Section 4 Forecasts Table 10. City Operations Emission Forecasts Source and Sector Categories and Projection Basis Proiection Basis Scenario 2: Scenario 3: Operational City Operations Emission Scenario 1: U.S. Mayor's Pending and Boundary Source Business as Usual Climate Non-binding Protection Florida AltI'eement legislation Natural Gas - Buildings & Population Facilities Propane - Buildings & Four day work .... week e.I Facilities c. 0 Refrigerants <.J EO-07-127 rJl Wastewater Processing Population :::- <.J Mobile Equipment e.I .= Population 0 Vehicle Fleet CA motor vehicle standards ErA FRCC Electricity - Building & Commercial 7% below 1990 Facilities Sales . N levels e.I 4 day work week BAD c. 1990 0 EIA FRCC <.J Proposed rJl Electricity - Streetlights & Population ....... Commercial Renewable .... Traffic Signals <.J Sales Portfolio e.I .. :a Electricity - Water Delivery Water Supply Standard ..5 F acili ties Plan Electricity - Wastewater Population Facilities <"l Population e.I BAD c. 4 day work week 0 Employee <.J Employee Commuting CA motor rJl Transportation ::::r. vehicle nl Survey ::: standards .S: Q. Solid Waste Population BAD 0 CDM 4-3 511 of735 CDM Section 4 Forecasts and solid waste. These are based on the assumption that as the population increases, City services will likely be in higher demand and need to increase. GHG emissions from these sources increase at the same rate as the population increase in this forecast scenario. 4.2.1.2 Boynton Beach Policies and Plans Since the 2006 baseline GHG inventory, the City adopted a four day work week. It was assumed that this would cut several emission sectors by 20% in all forecast years including electricity, natural gas and propane used in buildings and facilities, and employee commuting. The City created a 10-Year Water Supply Facilities Work Plan22 in 2008 which outlines expected reductions in water use. The plan expects a 3.1 % reduction in water use through 2026. The annual reduction was applied in all forecast years to the electricity use at water delivery facilities sector. 4.2.1.3 U.S. Energy Information Administration The EIA projects electricity sales and generation mix23 in the FRCC region through 2035. CDM used the commercial electricity sales growth rate from 2007 to each of the forecast years to project the increased electricity usage in the building and facilities and streetlights and traffic signals sectors. The rate from 2006 was not available but assumed to not have changed significantly. This commercial sales growth rate was not used for electricity used in water delivery because the City provided expected usage in the Water Supply Plan. For wastewater facilities, electricity usage is more directly tied to population than commercial sales; therefore, forecasted GHG emissions are tied to population growth. The generation mix for the electric grid is expected to change over time and affects the emission factor in all four electricity usage sectors. To calculate electricity emission factors for 2012, 2025, and 2035, total projected C02 emissions from the FRCC region were divided by the total projected electricity generation to create an emission factor in metric tons of C02/kwh. CHi and N20 emission factors were assumed to change at the same rate as the C02 emission factor and allowed CDM to estimate GHG emissions in C02e, consistent with the 2006 GHG baseline inventory. It should be noted that unlike eGRID, these emission factors do not take into account transmission losses; as such, they are conservative emission factors and may be slightly high. 22 City of Boynton Beach, lO-Year Water Supply Facilities Work Plan. April 2008. 23 U.S. Energy Information Administration. Annual Energy Outlook 20/0. December 2009. 4-4 5120f735 CDM Section 4 Forecasts 4.2.1.4 Adopted Florida Legislation In February 2009, Florida adopted the California motor vehicle standards24, also known as the "Pavley rules". These rules contain GHG exhaust emission standards for 2009 and subsequent model passenger cars, light-duty trucks, and medium-duty vehicles sold in the state. The fleet average GHG emission rate steadily decreases for 2009 through 2016 model year vehicles. The California Air Resources Board (CARB) published a report25 in 2008 that analyzed the impact the Pavley rules would have in other states in terms of annual metric tons of C02e reduced by 2016 and 2020. The annual impact of these rules for each forecast year was applied to GHG emissions for the City's vehicle fleet and employee commuting. 4.2.2 Scenario 2: The U.S. Mayor's Climate Protection Agreement The U.S. Mayor's Climate Protection Agreement calls signatory municipalities to reduce their GHG emissions at least 7% from 1990 levels by 2012 - in line with the u.s:s Kyoto Protocol reduction target. Over 1,000 communities have signed the agreement since its inception. To forecast GHG emissions for this scenario, CDM scaled the 2006 baseline GHG emissions back to 1990 levels using the City census data. CDM then applied a 7% reduction to the estimated 1990 levels to forecast 2012 GHG emissions. Since the Mayor's Agreement only mentions reductions through 2012, it is assumed that 2025 and 2035 GHG emission levels are constant from that point. 4.2.3 Scenario 3: Pending and Non-binding Florida Legislation The last scenario forecasts GHG emissions for city operations based on specific expected and possible legislation and rules outside of the City's control. GHG emissions targets and mandates are the subject of multiple state and federal legislative proposals which make this scenario perhaps the most difficult to predict. There are several other sources that could have been taken into account, such as additional draft EP A rules, however for our purposes, it was decided to focus on select Florida-based possibilities only to create a reasonable GHG emissions forecasts which may directly impact the City's GHG emissions. ~4 Department of Environmental Protection. Florida Low Emission Vehicle Program. Rule 62-285.400, FAC. February 2009. 2; California Air Resources Board, Comparison ofGreenllOuse Gas Reductions for the United States and Canada Under U.S. CAFE Standards and California Air Resources Board Greenhouse Gas Regulations. February 2008. 4-5 513 of735 aat Section 4 Forecasts 4.2.3.1 Florida Executive Order 07-127 The Florida Executive Order 07-12726 (EO) was signed by Governor Crist in July 2007. While the EO is currently not codified in the Florida Statutes or Florida Administrative Code it is non-binding, but it is reasonable to assume that this may serve as a basis for future required GHG emissions reductions. The EO establishes GHG emissions reduction targets as follows: . By 2017, reduce GHG emissions to 2000 levels . By 2025, reduce GHG emissions to 1990 levels . By 2050, reduce GHG emissions by 80% of 1990 levels It is assumed that this EO is focused on GHG reductions by the above percentages for all emission sectors. As Table 6 and Figure 6 show, the City only has direct control of 17% of GHG emissions; the EO goals were applied to the direct GHG emissions sources only including natural gas and propane used in buildings and facilities, refrigerants, process emissions from wastewater treatment, mobile equipment, and the vehicle fleet. CDM scaled the 2006 baseline GHG emissions back to 2000 levels using the City census data and applied the annual GHG reduction rate for 2006 through 2017 (Le., the next reduction goal in the EO) for 2012. 2025 GHG emissions were equal to the 1990 levels determined in Scenario 2. The annual GHG reduction rate between 2025 and 2050 was used to determine 2035 levels. 4.2.3.2 Proposed Renewable Portfolio Standard The EO also directed the Florida Public Service Commission (FPSC) to establish a renewable portfolio standard27 (RPS) which would require a certain percentage of renewable energy to be generated in the state. In January 2009, FPSC presented a draft RPS28 to the Florida House of Representatives and Senate. The RPS would establish the following targets: . 7% by January 1, 2013 . 12% by January 1, 2016 . 18% by January 1, 2019 26 Slate of Florida Office of the Governor. Executive Order Number 07-127 Establishing Immediate Actions to Reduce Greenhouse Gas Emissions within Florida. July 2007. <hup://www.flclimatechange.us/ewebeditprolilems/O 12F15074. pdf> 27 Draft proposed Section 25-17.400(3), Florida Administrative Code (F.A.C.), 28 Florida Public Service Commission, Section 25-17.400. F.A.C. January 2009. 4-6 5140f735 CDM Section 4 Forecasts . 20% by January 1, 2021 These targets include a 25% carve out for solar photovoltaic (PV) and wind renewable energy sources, meaning that 25% of 7% (1.8%) of electricity needs to be generated by either solar PV or wind by January 1, 2013. At this time, the RPS has not been passed, however 35 other states in the U.s. have a RPS, so it is reasonable that a RPS or similar rules may become law in Florida in the future. Additionally, several legislative proposals have been made in the 2010 session ranging from adopting the proposed Rule into the Florida Statutes to completely striking the requirement for the Department of Environmental Protection to promulgate the Rule. Therefore, a RPS is unclear at this time. Using the EIA generation mix18, CDM determined that the FRCC region is on track to meet the RPS in 2012 and 2015 with the exception of the solar PV and wind carve out, meaning that the adjusted RPS needed to achieve the desired GHG reductions are 1.8% and 3.0% respectively. In 2018 and 2020, the FRCC region is expected to meet approximately half of the RPS standard, meaning that the reductions needed to be achieved are 7.6% and 9.9% respectively. CDM applied the 2012 adjusted RPS standard to the BAU GHG emissions forecast for all electricity sectors to determine Scenario 3' s expected GHG emissions in 2012. The same method was used for 2025 and 2035 emissions by applying the adjusted 2020 RPS standard to the BAU GHG emissions forecast. 4.2.3.3 Boynton Beach Employee Transportation Survey Results The City conducted an employee transportation survey which was included in the Green Community Alliance report29. The survey indicated that 91 % of employees currently travel to work alone. Of the 91 %,39% would consider carpooling and 60% would consider using Palm Tran. CDM assumed that 50% of those who would consider alternative transportation would actually use it, meaning that 27.5% of all employees would change their transportation mode. To account for the survey results, forecasted GHG emissions were reduced 27.5% from BAU in each forecast year. 4.2.3.4 Solid Waste Greenhouse Gas Emission Forecasting GHG emissions from solid waste disposal were kept constant with the BAU because at this time, there are no pending regulations which may impact these emissions that CDM could readily use with confidence. 29 The City of Boynton Beach Gn:en Community Alliance, Strategies to Improve. Promote and Sustain the Environmental Needs afthe Community. 4-7 5150f735 Section 4 Forecasts 4.2.3.5 Issues Regarding Pending Legislation Given the uncertainty surrounding certain legislative proposals, the City should consider how the changing regulatory landscape may impact its efforts toward achieving GHG emissions goals. A fundamental aspect of complying with any of these evolving regulations will be an understanding of the City's 2006 baseline and how the strategies contained within the Climate Action Plan may need to evolve over time to accomplish the City's goals. 4.3 Results Scenario 1 shows a decrease in GHG emissions by 2012 of 11 % from the 2006 baseline, suggesting that both external factors and City action may result in lower GHG emissions from the baseline. These results are despite expected moderate population growth, because the external factors of the CA motor vehicle standards and a cleaner electricity grid contribute to a long term decline in GHG emissions. In addition, the City's four day work week and expected reductions in potable water use contribute to lower GHG emissions than the 2006 baseline. These emission levels remain approximately constant through 2035, showing that the effect of the external factors and City action compensate for population growth through 2035. Scenario 2 shows a 36% decrease in emissions from the 2006 baseline. Municipalities which sign the Mayor's Agreement often find that reductions from current levels are in the range of Boynton Beach's and results in a less achievable reduction goal than 7% below 1990 levels seems to indicate. This is largely due to increases in population and the building boom between 1990 and 2006. Scenario 3 shows an initial decrease in GHG emissions by 2012 from 2006 levels of 14 %, and continues on a nearly steady reduction path, of 8% below 2012 by 2025 and 8% below 2025 by 2035. This is results in a total reduction by 2035 from 2006 levels of 27%. The results of each GHG emission forecast scenario is outlined in Table 11, Table 12 and Figure 9. a e ompanson 0 nusslOns orecast cenanos 2e 2006 - Actual 2012 2025 2035 Scenario 1: Business as Usual 29,333 26,147 26,961 26,680 Scenario 2: U.S. Mayor's Climate Pledge Pro1ections 29,333 18,825 18,825 18,825 Scenario 3: Pending and Non-binding Florida Lelrlslation 29,333 25,320 23,173 21,292 T bl 11 C f GHG E . . F S (MTCO ) CDM 4-8 5160f735 Section 4 Forecasts Figure 9. Comparison of GHG Emissions Forecasts for City Operations 35,000 ......Scenario 1: Business as Usual 30,000 25,000 <II 20,000 ON U I- :E 15,000 10,000 5,000 _Scenario 2: U.S. Mayor's Climate Pledge Projections """'lir" Scenario 3: Pending and Non-binding Florida Legislation 2006- Actual 2012 2025 2035 Table 12. Percent Change of GHG Emissions from 2006 Levels for City Operations 2006 - 2006 - 2006 - 2012 2025 2035 Scenario 1: Business as Usual -11% -8% -9% Scenario 2: U.S. Mayor's Climate Pledge Projections -36% -36% -36% Scenario 3: Pending and Non-binding Florida -14% -21% -27% Legislation Total Reduction between Scenarios 1 and 3 -3% -13% -18% 4.4 Analysis of Forecasting Results CDM recommends evaluating the difference between the BAD GHG emission levels (Scenario 1) and Scenario 3 because Scenario 3 is in anticipation of state GHG reduction goals and initiatives. Should the EO or RPS become binding, the gap between these scenarios represent the emission reductions the City may be expected to achieve. The difference between Scenario 1 and Scenario 2 is not further evaluated due to the fact that it would be financially and technically infeasible to reduce city operations GHG emissions by 36% from the 2006 baseline in two years (See Table 12). Scenario 3 achieves a 27% reduction by 2035 and gives the City 25 years to achieve these GHG reductions, allowing the City to plan and allocate necessary funding over CDM 4-9 5170f735 CDM Section 4 Forecasts time. The total difference between Scenario 1 and Scenario 3 is 3 % in 2012, 13 % in 2025, and 18% in 2035. The 2006 baseline GHG inventory shows that the City has direct control over only 17% of GHG emissions (see Table 6, Figure 6). These are the sources that may be impacted by the EO. The largest of these sources is the vehicle fleet, making up over 86% of direct emissions sources. The City may consider initiatives or policies that may reduce GHG emissions from vehicle fleets in order to meet the EO, including reducing VMT, idling, and purchasing fuel efficient vehicles as needed. GHG emissions from electricity, if regulated, will likely be regulated at the source, meaning at the power generation facility rather than by the consumer (the City). However, the RPS or other regulations will increase costs initially for the electric generators which will likely be passed on to the City. Given that most of the City's GHG emissions are from electricity, the City should consider initiatives to reduce electricity use which will reduce GHG emissions and costs. Other emissions, including City employee commuting and solid waste, are optional to include in GHG inventories. The City may consider waste reduction strategies and encouraging alternative modes of transportation for employees to reduce this sector of GHG emissions. Since lowering GHG emissions from electricity may have the best monetary payback of various GHG reduction projects, the City may choose to achieve reductions in the electricity sector. Table 13 outlines GHG reductions scenarios to achieve reductions from BAD of 3% in 2012, 13% in 2025, and 18% in 2035 respectively, largely from electricity use only. The manner in which these GHG reductions may be achieved is explored further in the Climate Action Plan. 4.5 Expanding on Greenhouse Gas Emissions Forecasting The City may consider updating and expanding their GHG emissions forecasting as more information becomes available. The City may consider including more regulations, legislation, and statutes as they become adopted or estimate emissions based on actual or expected capital improvement projects. In addition, the City may consider forecasting GHG emissions from the Community if they were to be considered in City GHG reduction goals. 4-10 5180f735 Section 4 Forecasts Table 13. Percent Change in GHG Emissions from BAU Depending on Different GHG Emission Reduction Goals (MTCo2e) 10% Reduction in BAU Reductions in Vehicle Fleet Fuel Use, Electricity Usage Only Reductions in BAU to Achieve GHG Electricity Usage to Operational Reductions between Achieve GHG Boundary Scenarios 1 and 3 Reductions between Scenarios 1 and 3 2012 2025 2035 2012 2025 2035 2012 2025 2035 Direct / Scope 1 (Natural gas, Propane, Refrigerants, 686 803 891 686 803 891 686 803 891 Wastewater Processing, Mobile Equipment Fuel) Direct / Scope 1 (Vehicle fleet 4,293 4,190 4,648 4,293 4,190 4,648 3,864 3,771 4,184 fuel) Indirect / Scope 2 (Electricity) 19,421 20,147 19,121 18,750 16,750 14,250 19,000 17,000 14,750 optional/ Scope 3 (Solid Waste and 1,746 1,821 2,020 1,746 1,821 2,020 1,746 1,821 2,020 Employee Commutin!?;) Percent GHG Reduction of Electricity 3% 17% 25% 2% 16% 23% Emissions from BAU Percent of Total GHG Reduction from BAU 3% 13% 18% 3% 13% 18% CDII 4-11 5190f735 Appendix A Support File Listing The City of Boynton Beach 2006 GHG Inventory included many support files. Below is a description of each backup file provided to the City by CDM sorted by either city operations or community-wide inventory and emission source. 2006 Greenhouse Gas Baseline Inventory A.I City Operations A.l.l Electricity . "fpl 0607 green request_sorted.xls" Electricity usage from an Boynton Beach accounts; this has been broken out by sector (building and facilities, lighting, water deliver, and wastewater treatment) for input into the ICLEI software. Provided by Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach, modified and sorted by Lauren Miller, CDM. . "RE_Data request_Boynton Beach GHG inventory_electricity.pdf" Email fromChristopherJ.Roschek.PE. Engineering Division Manager, Utilities Department, City of Boynton Beach, explaining the original" fpl 0607 green request.xls" spreadsheet. . "FW _Boynton Beach Data_electricity followup.pdf" Email from Claudia (Thompson) Daniels, clarifying why some accounts have only partial year data. . "Boynton Beach WWTP electricity cales.xIs" Electricity usage from the South Central Regional Wastewater Treatment Plant. Spreadsheet created by Lauren Miner, CDM. . See also "SCRWWTP data_SCAN0439_0oo.pdf" in the Wastewater Treatment folder. A.l.2 Heating Fuel . "Boynton Beach Heating Fuel summary 2006.xls" Summary sheet of natural gas and propane usage; compiled from the pdf files below. Spreadsheet created by Lauren Miller, CDM. Data from this spreadsheet was input into the ICLEI software. 520 of 735 . "FPU_Natural Gas.pdf", "FPU_Natural Gas_Dec06.pdf" Scanned natural gas invoices from Florida Public Utilities. Hard copies provided by Christopher J. Roschek, PE, Engineering Division Manager, Utilities Department, City of Boynton Beach and Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach. . "Amerigas_Propane.pdf" Scanned propane invoices from Amerigas. Hard copies provided by Christopher J. Roschek, PE, Engineering Division Manager, Utilities Department, City of Boynton Beach and Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach. . "RE_2006 fuel data follow-up.pdf" Email from Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach, clarifying gasoline, diesel, and propane fuel units. A.l.3 Refrigerants . "Boynton Beach Refrigerant cales.xIs" Summary sheet of refrigerants; compiled from the pdf files below. Spreadsheet created by Lauren Miller, CDM. Data from this spreadsheet was input into the ICLEI software. . "Refrigerant inventory_ Vic Wooten.pdf" Inventory of refrigerants from Victor F. Wooten, Crew Supervisor, Facilities Management Public Works Department, City of Boynton Beach. A.l.4 Transportation Fuel . "Boynton Beach Transportation Fuel summary 2006.xIs" Summary sheet of diesel and gasoline usage; compiled from the pdf files below. Spreadsheet created by Lauren Miller, CDM. Data from this spreadsheet was input into the ICLEI software. . "Amerigas_Gasoline_1 Diesel.pdf" Scanned diesel and gasoline invoices from Amerigas. Hard copies provided by Christopher J. Roschek, PE, Engineering Division Manager, Utilities Department, City of Boynton Beach and Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach. . "BV OiLDiesel_Gasoline.pdf" Scanned diesel and gasoline invoices from BV Oil. Also includes several invoiced for motor oil which are not a source of GHG emissions and therefore not included in the inventory. Hard copies provided by Christopher J. Roschek, PE, Engineering Division Manager, Utilities Department, City of Boynton Beach and Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach. 5210f735 . "RE_Boynton Beach data clarification.pdf" Ernail exchange between Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach, Christopher J. Roschek, PE, Engineering Division Manager, Utilities Department, City of Boynton Beach and Lauren Miller, CDM, clarifying how the fuel was used and some delivery locations. . "Budget Maint Fuel 05-06 JRL.xls" Vehicle fuel use by department, used to estimate the GHG emissions from each department's fuel usage for the report. Provided by Jeffrey R. Livergood, PE, Director of Public Works and Engineering, City of Boynton Beach. . "RE_City follow up items from 3-4 meeting.pdf" Email fromJeffreyR.Livergood.PE. Director of Public Works and Engineering, City of Boynton Beach providing fuel usage by department. A.l.5 Wastewater Treatment . "Boynton Beach WWTP calcs_020410.xls" Emissions calculations from wastewater treatment processes at the South Central Regional Wastewater Treatment Plant; data used in this file is from the pdf files below. Emissions from this spreadsheet were directly input into the CACP software. Spreadsheet created by Lauren Miller, CDM. . "SCRWWfP data_SCAN0439_000.pdf" Data from the South Central Regional Wastewater Treatment Plant (SCRWWTP) including electricity use, treatment type, population served, nitrogen load, and flow breakdown. Provided by Dennis Coates, South Central Regional Wastewater Treatment and Disposal Board. . "RE_Data request_Boynton Beach GHG inventory_WWTP.pdf" Email fromChristopherJ.Roschek.PE. Engineering Division Manager, Utilities Department, City of Boynton Beach, explaining "SCRWWTP data_SCAN0439_000.pdf" A.l.6 Employee Commuting . "EE Address List for Green Team -10-09_with commute.xls" Addresses for all Boynton Beach employees; Contains estimated distance to city hall and calculated vehicle miles traveled annually which was input directly into the CACP software. Provided by Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach and modified by Lauren Miller, CDM and Florida Atlantic University student interns. . "RE_Data request_Boynton Beach GHG inventory_employee commuting.pdf" Email from Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach, discussing the mode of transportation to work for Boynton Beach employees. 5220f735 . "RE_Response to Follow-Up Item.pdf" Email from Sue Moroney, Revenue Manager, Finance Department, City of Boynton Beach, with the number of City employees covered under Florida Statute 119. A.2 Community-wide A.2.1 Electricity . "Boynton_Beach_elect.xls" Electricity usage for the entire city of Boynton Beach, broken down by account category. Provided by Claudia (Thompson) Daniels, FPL. This spreadsheet was modified by Lauren Miller, CDM to take out electricity usage by city operations. Data from this spreadsheet was directly input into the CACP software. A.2.2 Natural Gas . "Boynton Beach Community NG usage.xls" Natural gas usage for the entire city of Boynton Beach, broken down by account category. This spreadsheet was created by Lauren Miller, CDM using the pdf files below. Data from this spreadsheet was directly input into the CACP software. . "RE_2006 Natural Gas Usage for the City of Boynton Beach.pdf" Email from Bill McGoldrick, FPU with Natural gas usage for the entire city of Boynton Beach. . "RE_2006 Natural Gas Usage for the City of Boynton Beach.pdC2" Email from Bill McGoldrick, FPU confirming natural gas totals. . "RE_2006 Natural Gas Usage for the City of Boynton Beach.pdC3" Email from Bill McGoldrick, FPU clarifying the "Public Authority" account. A.2.3 Fuel Oil . "Boynton Beach - Fuel Use Cales. xis" Fuel oil usage estimates based on state-wide sales totals from the U.S. Energy Information Administration. Consumption was estimated using population estimates. Spreadsheet created by Lauren Miller, CDM. Data from this spreadsheet was directly input into the CACP software. . "FL city population_US Census_Copy of SUB-EST2008-04-12.xls" Florida city populations from the U.S. Census Bureau. . "State population_US Census_NST-EST 2009-01(1).xls" U.s. State populations from the us. Census Bureau. 5230f735 A.2.4 Transportation . "Boynton Beach Community VMT.xls" Vehicle miles traveled within the City of Boynton Beach in 2006; estimated from files below. Spreadsheet created by Lauren Miller, CDM. Data from this spreadsheet was input directly into CACP software. . "A VMT in Boynton Beach.xlsx" Vehicle miles traveled within the City of Boynton Beach in 2008; Provided by Gordon Morgan, Florida DOT. . "FW _ VMT for City of Boynton Beach, FL year 2006.pdf" Email from Gordon Morgan, Florida DOT giving the ratio of VMT from 2006 to 2008 for Palm Beach County. A.2.5 Public Transit A.2.5.1 Palm Tran . "CY2006FueIConsumed_Palm Tran_BB.xls" Diesel and gasoline usage for the Palm Tran fleet, including vehicle make, model, and type. Provided by Lorraine Szyms, Palm Tran. This spreadsheet was modified by Lauren Miller, CDM, to determine the percentage of total usage was within Boynton Beach. Data from this spreadsheet was directly input into the CACP software. A.2.5.2 Tn-Rail . "Boynton Beach Community Tri-Rail cales.xls" Diesel and biodiesel usage from Tri-Rail. Spreadsheet was created by Lauren Miller, CDM, using files below. Data from this spreadsheet was directly input into the CACP software. . "SFRTA 2009.pdf" Diesel and biodiesel Tri-Rail deliveries in 2009. Provided by Michelle M'Sadoques, consultant to CDM. . "FY 2009 Rail Fuel Usage MG OPS.pdf" Email from Marcin Gadek, 2009 Commuter Rail diesel and biodiesel usage. Provided by Michelle M'Sadoques, consultant to CDM. . "SunRail sank Tri-Rail - South Florida Sun-Sentinel com.htrn" Article from the Sun Sentinel with 2009 Tri-Rail ridership estimates. Accessed January 28, 2010. . "Tri-Rail breaks ridership records in 2006 - South Florida Business Journal.htm" Article from the South Florida Business Journal with 2006 Tri-Rail ridership estimates. Accessed January 28, 2010. 5240f735 A.2.5.3 Boynton Beach Trolley . "Boynton Beach Trolley calcs.xls" Estimated gasoline usage from the Boynton Beach trolley. Spreadsheet was created by Lauren Miller, CDM, using files below. Data from this spreadsheet was directly input into the CACP software. . "FW _carbon footprint. pdf" Email from Molly Stahlman, contractor for the Boynton Beach Community Redevelopment Agency. Estimates Boynton Beach trolley mileage and fuel economy. A.3 Solid Waste . "Boynton Beach Solid Waste cales.xIs" Emissions calculations from solid waste disposal from city operations and community wide; data used in this file is from the pdf files below. Emissions from this spreadsheet were directly input into the CACP software. Spreadsheet created by Lauren Miller, CDM. . "RE_Data request_Boynton Beach GHG inventory_Solid Waste_SWA facility.pdf" Email from Ravi Kadambala, CDM with the total municipal solid waste disposed of at the North County Resource Recovery Facility landfill and waste-to-energy facility as well as the landfill gas collection rate. . "RE_Data request_Boynton Beach GHG inventory_Solid Waste_tonnage. pdf" Email fromJeffreyR.Livergood.PE. Director of Public Works and Engineering, City of Boynton Beach, with the amount of municipal solid waste collected from city operations and community wide; data provided by Larry Quinn, Solid Waste Manager, Public Works Department, City of Boynton Beach. A.4 2006 GHG Baseline Inventory Report Files . "Boynton Beach GHG Report Charts.xlsx" Contains all data analyses for the 2006 GHG Baseline Inventory Results (Section 3) using output reports from the ICLEI CACP Reports (Appendix B). Spreadsheet created by Lauren Miller, CDM. . "BoyntonBeach032510.zip" Contains the backup files for the CACP Software. These files may be uploaded into the City's copy of the CACP software to modify the 2006 GHG Baseline Inventory as needed. 5250f735 City Operations Greenhouse Gas Emission Forecasts A.5 GHG Forecasting Report Files . "Boynton Beach GHG emissions forecasts_City Operations.xlsx" Contains all calculations and data analyses for the GHG Forecasting Results (Section 4). This sheet pulls from several resources outlined below, including "Boynton Beach GHG Report Charts.xlsx". Spreadsheet created by Lauren Miller, CDM. A.5.l Population . "Boynton Population.xlsx" Actual and estimate population of the City, Hanna Matras, Senior Planner, Planning and Zoning Department, City of Boynton Beach. . "FW _Boynton's population projections.pdf" Email from Hanna Matras, Senior Planner, Planning and Zoning Department, City of Boynton Beach, explaining the population projections. A.5.2 Electrici~ . "EIA-Copy of sup_elect.xls" Support file from the U.s. Energy Information Administration's Energy Outlook 2010. Provides electric power projections for the Florida Reliability Coordinating Council (FRCC) region including fuel mix, generation, and commercial sales. A.5.3 Florida Rules . "2007.07.13_eo_07-127.pdf" State of Florida Office of the Governor, Executive Order Number 07-127 Establishing Immediate Actions to Reduce Greenhouse Gas Emissions within Florida. July 2007. Used to estimate GHG reductions from direct emission sources. . "2009 ]PSC_Draft_RPS_Rule.pdf" Florida Public Service Commission, Section 25-17.400, F.A.C. January 2009. Used to estimate reductions in GHG emissions from the electricity sector. . "pavleycafeJeportfeb25_08.pdf" California Air Resources Board, Comparison of Green/lOuse Gas Reductions for the United States and Canada Under U.S. CAFE Standards and California Air Resources Board Greenhouse Gas Regulations. February 2008. Used to determine reductions of GHG emissions from new vehicle standards. 526 of 735 A.5.4 City Publications . "SCRWRF 10 year plan.pdf" City of Boynton Beach 10-Year Water Supply Facilities Work Plan, April 2008, used to estimate electricity from water utilities, provided by Jeffrey R. Livergood, PE, Director of Public Works and Engineering, City of Boynton Beach. . "Community Alliance Report - FlNAL.pdf" City of Boynton Beach Green Community , Alliance Report, October 2008, used the Employee Transportation Survey Results to estimate future alternative transportation use. 5270f735 Appendix B ICLEI CACP Reports The ICLEI: Local Governments for Sustainability (ICLEl) Clean Air Climate Protection Software (CACP) provides summary reports which were used by CDM to further analyze the greenhouse gas (GHG) emission results. The following is a summary of the reports: . Government Greenhouse Gas Emissions in 2006: Summary Report: Summary of city operations GHG emissions government by sector. . Government Greenhouse Gas Emissions in 2006: Report by Source: Summary of city operations GHG emissions by fuel or GHG emission source. . Government Greenhouse Gas Emissions in 2006: Detailed Report: Detailed GHG emissions from government sectors, by fuel or GHG emissions source and location where possible. . Community Greenhouse Gas Emissions in 2006: Summary Report: Summary of community-wide GHG emissions government by sector. . Community Greenhouse Gas Emissions in 2006: Report by Source: Summary of community-wide GHG emissions by fuel or GHG emission source. . Community Greenhouse Gas Emissions in 2006: Detailed Report: Detailed GHG emissions from community-wide sectors, by fuel or GHG emissions source. 5280f735 3/25/10 Page 1 Boynton Beach Government Greenhouse Gas Emissions in 2006 Summary Report CO2 N20 CH4 Equiv CO2 Energy Cost (tonnes) (kg) (kg) (tonnes) (%) (MMBtu) ($) Buildings and Facilities 5,710 69 234 5,736 19.6 32,582 0 Streetlights & Traffic Signals 1,231 15 50 1,237 4.2 6.978 0 Water Delivery Facilities 8,498 102 346 8,537 29.1 48,161 0 Wastewater Facilities 6,678 1,300 272 7,087 24.2 37,848 0 Vehicle Fleet 4,605 159 115 4,657 15.9 63,953 0 Employee Commute 1,446 91 86 1,476 5.0 20,402 0 Other Process Fugitive 534 20 1,780 578 2.0 Refrigerants All Sectors 0 0 0 26 0.1 ---.-- Total 28,703 1.756 2,882 29.334 100.0 209,924 0 This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 529 of 735 3/25/10 Page 1 Boynton Beach Government Greenhouse Gas Emissions in 2006 Report by Source CO2 NO CH4 Equlv CO2 Energy Cost 2 (tonnes) (kg) (kg) (tonnes) ("!o) (MMBtu) ($) Carbon Dioxide 534 0 0 534 1.8 0 Diesel 2,115 6 4 2,117 7.2 28,909 0 Electricity 22,097 266 899 22,198 75.7 125,226 0 Gasoline 3,696 243 197 3,775 12.9 52,139 0 HFC-134a 236cb 43-10mee 0 0 0 2 0.0 0 Methane 0 0 1,780 37 0.1 0 Natural Gas 6 0 6 0.0 108 0 Nitrous Oxide 0 1,240 0 384 1.3 0 OFF ROAD Diesel 210 0 0 210 0.7 2.872 0 OFF ROAD Gasoline 31 0 0 31 0.1 435 0 Propane 15 0 3 15 0.1 235 0 R.402B Blend 0 0 0 0.0 0 R-404A Blend 0 0 0 23 0.1 0 Total 28,703 1.756 2.882 29,334 100.0 209,924 0 Fuel costs include Buildings, Vehicle Fleet, Streetlights and Water/Sewage sectors only. This report has been generated for Boynton Beach. Florida using ICLEI's Clean Air and Climate Protection 2009 Sof1ware. 5300f735 3/25/10 Page 1 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) Buildings and Facilities Boynton Beach, Florida 100 E BOYNTON BEACH BL VD # CH Electricity Propane Subtota/l00 E BOYNTON BE, 2,228 o 2,228 27 o 27 91 o 91 2,238 7.6 o 0.0 2,238 7.6 12,626 4 12,630 o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" Propane use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Heating Fuel Summary 2006.xls" 1021 S FEDERAL HWY Electricity Subtota/l021 S FEDERAL HV 157 2 6 6 158 158 0.5 0.5 890 890 o '0 157 2 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 108 GATEWAY BLVD # IRR Electricity Subtota/l08 GATEWAYBLV[ o o o o o o 0.0 0.0 o 6 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green request_sorted-xis" 123 E OCEAN AVE # TRLR Electricity Subtotal 123 E OCEAN A VE # 22 22 o o 22 22 0.1 0.1 126 126 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 125 SE 2ND AVE #ART CTR Electricity 64 64 3 3 64 64 0.2 363 o o - - Subtota/125 SE 2ND AVE #AI 0.2 363 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5310f735 3/25/10 Page 2 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 N20 CH Equiv CO2 Energy Cost 4 (tonnes) (kg) (kg) (tonnes) (%) (MMBtu) ($) 128 E OCEAN AVE # CIVIC-LIB Electricity 57 2 58 0.2 326 0 Subtota/128 E OCEAN A VE # 57 2 58 0.2 326 0 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xls" 129 E OCEANAVE# 1913 Electricity Subtota/129 E OCEAN AVE # 180 180 2 2 7 7 181 181 0.6 0.6 1.022 1.022 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 1301 W BOYNTON BEACH BL VD # IRR Electricity Subtotal 1301 W BOYNTON B o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 141 E OCEAN AVE # BBE-0801 Electricity Subtotal 141 E OCEAN A VE # 207 207 2 2 8 8 208 208 0.7 0.7 1,171 1.171 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" 145 SE 2ND AVE # MADSEN CTR Electricity Subtotal 145 SE 2ND AVE # tv 25 25 o o 25 25 0.1 0.1 144 144 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 1490 SW 8TH ST # PUMP Electricity Subtota/1490 SW 8TH ST # P o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM AD DR COMPLETE. "tpl 0607 green requesLsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5320[735 3/25/10 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) Equlv CO2 (tonnes) (%) ($) CH4 (kg) 150 E Boynton Beach Blvd Natural Gas 2 2 o o o o 2 0.0 2 0.0 Subtotal 150 E Boynton Beach Natural Gas use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Heating Fuel Summary 2006.xls" 1550 N FEDERAL HWY # SIGN Page 3 Energy (MMBtu) Cost 40 o o 40 Electricity Subtotal 1550 N FEDERAL H~ o o o o 0.0 0.0 o o o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Depanment. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_ soned.xls" 1611 S SEA CREST BL VD # CEMET ARY PMP Electricity Subtotal 1611 S SEA CREST E 29 29 0.1 0.1 o o o o 30 30 167 167 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Depanmenl. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_soned.xls" 1611 SSEACRESTBLVD#MAUSOLM Electricity Subtotal 1611 S SEACREST E 0.1 0.1 o o 23 23 o o 23 23 132 132 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Depanment. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_soned.xls" 1901 NSEACRESTBLVD#LGT Electricity Subtotal 1901 N SEAGREST E 0.1 0.1 o o 32 32 o o 32 32 179 179 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Depanment. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xls" 1901 N SEAGREST BL VD # REG Electricity Subtotal 1901 N SEAGREST E 1.6 1.6 o o 470 470 6 6 472 472 19 19 2.665 2.665 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Depanment. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 533 of 735 3125/10 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) 1901 N SEACREST BLVD #PRSS BOX Page 4 Energy (MMBtu) Cost ($) Electricity 8 8 o o 8 0.0 8 0.0 o o o o Subtotal 1901 N SEACREST E 47 47 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" 1919 S FEDERAL HWY #FIRESTATIO o 118 0.4 4 0.0 Electricity Natural Gas 117 4 121 5 o 5 0.4 121 Subtotal 1919 S FEDERAL HV 664 68 732 o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" Natural Gas use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Heating Fuel Summary 2006.xls" 200 S SEA CREST BL VD # LlBR Electricity 33 33 813 2.8 813 2.8 o o 809 809 10 10 Subtotal 200 S SEA CREST BL 4.587 4.587 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "!pI 0607 green request_sorted.xls" 201 NW 9TH OT # SIMS PK CTS Electricity 24 24 0.1 o o o o Subtota/201 NW 9TH CT # SIi 24 24 0.1 137 137 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 2010 N FEDERAL HWY # BAIT SHOP2 Electricity Subtola/2010 N FEDERAL HV 32 0.1 32 0.1 178 31 31 o o 178 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 2010 N FEDERAL HWY # BOA T Electricity Subtola/2010 N FEDERAL HV 19 0.1 19 0.1 o o 19 19 o o This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5340f735 107 107 3/25/10 Page 5 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green reques'C sorted-xis" 2201 HIGH RIDGE RD # IRR Electricity o o o o o o o o 0.0 0.0 o o o Subtotal2201 HIGH RIDGE RJ o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group trom excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 2210 South Congress Ave (Fire Department #2) Propane Subtofal2210 South Congress 3 3 o o 3 3 0.0 0.0 48 48 o o Propane use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Heating Fuel Summary 2006.xls" 222 NE 9TH AVE # PUBLIC WORKS FACILITY Electricity Subtotal 222 NE 9TH A VE # P 5 5 o o o o 5 0.0 5 0.0 30 30 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM AD DR COMPLETE. "fpl 0607 green request_sorted.xls" 222 NE 9TH AVE # PW-l Electricity Subtofal222 NE 9TH A VE # P 92 92 4 4 92 92 0.3 0.3 520 520 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xls" 222 NE 9TH A VE # PW-3 Electricity Subtotal 222 NE 9TH A VE # P 54 54 2 2 55 0.2 55 0.2 308 308 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 222 NE 9TH AVE # PW-6 Electricity Subtotal 222 NE 9TH A VE # P 6 6 o o o o 6 0.0 6 0.0 34 34 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5350f735 3/25/10 Page 6 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 N20 CH4 Equiv CO2 Energy Cost (tonnes) (kg) (kg) (tonnes) (%) (MMBtu) ($) column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 222 NE 9TH A VE # TEMP2 - --- Electricity 7 0 0 7 0.0 38 0 ~~--~ 0 Subtotal 222 NE 9TH A VE # T, 7 0 7 0.0 38 0 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 2221 NW1STST#IRR o o o o o o o o 0.0 0.0 o o o o Electricity Subtotal2221 NW 1 ST ST # If Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 2221 SCONGRESSAVE Electricity 50 50 2 2 51 51 0.2 0.2 285 285 o o Subtota/2221 S CONGRESS, Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM AD DR COMPLETE. "fpl 0607 green request_sorted.xls" 2240 N FEDERAL HWY # IRR Electricity Subtotal 2240 N FEDERAL HV 3 3 o o o o 3 3 0.0 0.0 14 14 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 227 NE 13TH AVE #PMP Electricity Subtotal 227 NE 13TH AVE #f 3 3 o o o o 3 0.0 3 0.0 16 16 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorteiixls" 2500 SW 8TH ST # PARK Electricity Subtotal 2500 SW 8TH ST # P o o o o 0.0 0.0 5 5 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5360f735 3/25/10 Page 7 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 N20 CH4 Equiv CO2 Energy Cost (tonnes) (Kg) (kg) (tonnes) (%) (MMBtu) ($) column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 2615 W WOOLBRIGHT RD # NEW FIRE STA 2 ._- Electricity 48 2 48 0.2 273 0 Subtota/2615 W WOOLBRIGf 48 2 48 0.2 273 0 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 2850 OCEAN PKWY # IRR Electricity o o o o o o o o 0.0 0.0 o o o o Sublotal2850 OCEAN PKWY Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" 2910 S FEDERAL HWY # COAST Electricity Subtota/2910 S FEDERAL HV 8 8 o o o o 8 0.0 8 0.0 48 48 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls' 300 BOYNTON LAKES BL VD # PARK Electricity 3 3 o o o o 3 0.0 3 0.0 16 16 o o Subtota/300 BOYNTON LAKE Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" 300 SW 15TH A VE # BALL PRK & #L5499 Electricity 17 17 o o 17 0.1 17 0.1 95 95 o o Subtotal 300 SW 15TH AVE # Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 300 SW 15TH AVE # RESTROOMS Electricity Subtotal 300 SW 15TH AVE # 2 2 o o o o 2 2 0.0 0.0 11 11 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5370f735 3/25/10 Page 8 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis' 300 W WOOLBRIGHT RD #IRR Electricity Sublolal300 W WooLBRIGH' o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 3111 S CONGRESS A VE # TENNISCT Electricity 43 43 2 2 43 43 0.1 0.1 243 243 o o Sublolal3fll S CONGRESS, Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques,-sorted.xls" 3501 N CONGRESS AVE #SIGN Electricity Sublolal3S01 N CONGRESS, 2 2 o o o o 2 2 0.0 0.0 9 9 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 3501 S CONGRESS A VE # FIRE ST A Electricity 282 3 11 283 1.0 1.595 0 Propane 0 0 0 0 0.0 6 0 Sublolal3S01 S CONGRESS, 282 3 12 283 1.0 1,601 0 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" Propane use provided by Chris Roschek and Sue Moroney, City of Boynton Beach (Propane bills list address as 3501 North Congress Ave - Fire Station #3). Hard copy bills summarized in: "Boynton Beach Heating Fuel Summary 2006.xls' 400 SE 5TH AVE # PENCE PK L TS Electricity Sublolal 400 SE 5TH A VE # p, 12 12 o o o o 12 12 0.0 0.0 68 68 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5380f735 3/25/10 Page 9 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (Ionnes) H20 (kg) CH4 (kg) Equiv CO2 (Ionnes) ('\'oj Energy (MMBtu) Cost ($) 400 SE 6TH A VE # PENCE PK PMP Electricity Subtotal 400 SE 6TH A VE # p, 3 3 o o o o 3 3 0.0 0.0 14 14 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM AD DR COMPLETE. "fpl 0607 green request_sorted-xls" 415 NE 4TH ST # AN/MAL POUND Electricity Subtotal 415 NE 4TH ST # AN 13 13 o o 13 13 0.0 0.0 72 72 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "tpl 0607 green requeSt_sorted-xls" 421 NE 13THAVE#PARK Electricity Subtotal 421 NE 13TH A VE #F 8 8 o o o o 8 8 0.0 0.0 45 45 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" 4305 N CONGRESS AVE #PARK Electricity Subtotal 4305 N CONGRESS. 31 o o 31 31 0.1 0.1 t75 175 o o 31 Electricity use compiled by Sue Moroney, City ot Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM AD DR COMPLETE. "fpl 0607 green request_sorted.xls" 511 E OCEAN A VE #IRR Electricity Subtotal511 E OCEAN A VE # o o o o 0.0 0.0 5 5 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xls" 511 S CONGRESS AVE # PMP Electricity Subtota/511 S CONGRESS A o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xIS" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5390f735 3/25/10 Page 10 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 515 NW 15TH AVE # TWR/CITY Electricity Subtotal 515 NW 15TH AVE # 22 22 o o 22 22 0.1 0.1 124 124 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" 520 GATEWAY BLVD # IRR Electricity Subtota/520 GA TEWA Y BL VC o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 551 NE 26TH A VE PA VILLlAN Electricity Subtota/551 NE 26TH A VE PI o o o o 0.0 0.0 8 8 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 620 NE 6TH A VE Electricity Subtotal 620 NE 6TH A VE o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 639 E OCEAN A VE STE 103 Electricity Subtotal 639 E OCEAN A VE S 12 o o o o 12 12 0.0 0.0 68 68 o o 12 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green request_sorted.xls" 639 E OCEAN A VE STE 107 Electricity 7 7 o o o o 7 0.0 7 0.0 40 40 o o Subtotal 639 E OCEAN AVE S Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5400f735 3/25/10 Page 11 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tannes) N20 (kg) CH4 (kg) Equlv CO2 (tannes) ("!o) Energy (MMBtu) Cost ($) 6635 N OCEAN BL VD # BCH PK Electricity Subtotal 6635 N OCEAN BL V[ 30 30 o o 30 30 0.1 0.1 170 170 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" 6635 N OCEAN BL VD # CONC Electricity Subtotal 6635 N OCEAN BL V[ 19 o o 19 19 0.1 0.1 108 108 o o 19 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 700 CASA LOMA BL VD # DOCK Electricity Subtotal 700 CASA LOMA BL \ 13 13 o o 13 0.0 13 0.0 73 73 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green request_sorted.xls" 700 CASA LOMA BL VD # OL Electricity Subtotal 700 CASA LOMA BL \ 2 o o o o 2 2 0.0 0.0 13 13 o o 2 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 700 CASA LOMA BL VD # STORE Electricity Subtotal 700 CASA LOMA BL 1 20 20 o o 20 20 0.1 0.1 114 o o 114 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 700 NE 4TH A VE # PARK Electricity Subtotal 700 NE 4TH A VE # P 2 2 o o o o 2 0.0 2 0.0 10 10 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 541 of735 3/25/10 Page 12 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 737 E OCEAN A VE IRRIGA TlO #IRRIGA TION Electricity Subtotal 737 E OCEAN A VE /I o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 801 N CONGRESS AVE STE 111 Electricity Subtotal 801 N CONGRESS A 13 13 o o 13 13 0.0 0.0 75 75 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 8020 JOG RD # GCCLUBHSE&LS999 ---- Electricity 92 4 92 0.3 520 0 Propane 11 0 2 11 0.0 172 0 ------- Subtotal 8020 JOG RD # GCC 103 6 103 0.4 693 0 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" Propane use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Heating Fuel Summary 2006.xls" 8020 JOG RD # SIGN Electricity Subtotal 8020 JOG RD # SIG^ 5 5 o o o o 5 5 0.0 0.0 28 28 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpi 0607 green request_sorted.xls" 8020 JOG RD #GC CART SHED Electricity Subtotal 8020 JOG RD #GC C 50 50 2 2 50 50 0.2 0.2 282 282 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 8020 JOG RD #GC MNT BDG Electricity Subtotal 8020 JOG RD #GC M 19 19 o o 19 19 0.1 0.1 107 107 o o This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5420f735 3/25/10 Page 13 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 8020 JOG RD #GC-IRR PMPS Electricity Subtotal 8020 JOG RD #GC-If 129 129 2 2 5 5 129 129 0.4 0.4 729 729 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 848 NW 13TH AVE Electricity Subtotal 848 NW 13TH AVE o o o o 0.0 0.0 5 5 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 915 S FEDERAL HWY Electricity Subtotal 915 S FEDERAL HW 6 6 o o o o 6 6 0.0 0.0 33 33 o o EElectricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 915 S FEDERAL HWY # REAR Electricity Subtotal 915 S FEDERAL HW 10 10 o o o o 10 10 0.0 0.0 58 58 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" NW 12TH A VE # WILSON PK POOL Electricity 2 2 o o o o 2 2 0.0 0.0 9 9 o o Subtotal NW 12TH AVE # WIL Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column iabeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" NW 13TH AVE # WILSON PK L TS Electricity Subtotal NW 13TH A VE # WIL 6 6 o o o o 6 6 0.0 0.0 36 36 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5430f735 3/25/10 Page 14 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) (%) column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" NW 17TH AVE # NW 3RD LN # IRR Electricity Subtotal NW 17TH A VE # NW o o o o o o Energy (MMBtu) Cost ($) o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" S FEDERAL HWY # JA YCEE PK L TS Electricity o o o o o o o o Subtotal S FEDERAL HWY # . o o 0.0 0.0 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" SW 15TH A VE # BALL PARK L TS Electricity Subtotal SW 15TH A VE # BAL o o o o 17 17 17 17 0.1 0.1 96 96 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" W BOYNTON BEACH BL VD # GALAXY CTS Electricity Subtotal W BOYNTON BEAG/- o o o o 3 3 o o 3 3 0.0 0.0 20 20 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" W BOYNTON BEACH BL VD # GALAXY FLD Electricity o o o o 11 11 o o Subtotal W BOYNTON BEAG/- 11 11 0.0 0.0 60 60 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" W OCEAN DR # HIBISCUS PK Electricity Subtotal W OCEAN DR # HIBI o o o o o o o o o o 0.0 0.0 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Building or Facilities Group from excel spreadsheet This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 544 of 735 3/25/10 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Equiv CO2 (tonnes) (%) N20 (kg) CH4 (kg) column labeled PREM ADDR COMPLETE. "fpl 0607 green requesl_sorted.xls" Page 15 Energy (MMBtu) Cost ($) Subtotal Buildings and Facilities 5,710 234 5,736 19.6 o 69 Streetlights & Traffic Signals 32,582 Boynton Beach, Florida 141 E OCEAN AVE # BBE-0801-0L Electricity Subtotal 141 E OCEAN A VE # o o o o 0.0 0.0 7 7 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Name of Street Light or Traffic Signal Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 141 E OCEAN A VE # E PARKLTS Electricity Subtotal 141 E OCEAN A VE # 4 4 o o 4 0.0 4 0.0 o o 22 22 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Name of Street Light or Traffic Signal Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 215 E OCEAN A VE # LIGHTING Electricity Subtotal 215 E OCEAN AVE # 27 0.1 27 0.1 o o 26 26 o o 150 150 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Name of Street Light or Traffic Signal Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 222 NE 9TH A VE # PW-2 Electricity Subtotal 222 NE 9TH A VE # P 28 28 o o 28 28 0.1 0.1 158 158 o o Electricity use compited by Sue Moroney. City of Boynton Beach Finance Department. Name of Name of Street Light or Traffic Signal Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" STREET LIGHTS # BOYNTON Electricity 1,172 1,172 48 1,177 4.0 1,177 4.0 14 Subtotal STREET LIGHTS # B 14 48 6.641 6.641 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Name of Street Light or Traffic Signal Group from excel spreadsheet column tabeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5450f735 3/25/10 Page 16 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equlv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) Subtotal Streetlights & Traffic Si! 1,231 15 50 1,237 4.2 6,978 o Water Delivery Facilities Boynton Beach, Florida 1201 SW3RDST#WL 12& 14 Electricity 22 22 o o 22 0.1 127 o o Subtotal 1201 SW 3RD ST # V 22 0.1 127 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" 124 E WOOLBRIGHT RD # E WTR PLNT Electricity Propane 1,491 o 1,491 18 o 18 61 o 61 1,498 5.1 o 0.0 1,498 5.1 8,449 5 o o o Subtotal 124 E WOOLBRIGH7 8,454 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "tpl 0607 green request_sorted.xls" Propane use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Heating Fuel Summary 2006.xls" 160 N CONGRESS A VE # PN100 Electricity o o o o o 0.0 o o o Subtota/160 N CONGRESS A o o o 0.0 o Electricity use compiled by Sue Moroney, City ot Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "tpl 0607 green requesCsorted.xls" 160 N CONGRESS A VE # PN99 Electricity o o o o o o o o 0.0 0.0 o o o o Subtota/160 N CONGRESS A Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" 1900 CORPORA TE DR # WLS-19-22 Electricity 294 4 12 295 1.0 1,665 o Subtotal 1900 CORPORA TE [ 294 4 12 295 1.0 __ ~_____~~_. --- _..0 1,665 0 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeied PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5460f735 3/25/10 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonneS) CH4 (kg) Equiv CO2 (tonnes) (%) Np (kg) 2611 SW 15THAVE#WATER TANK Page 17 Energy (MMBtu) Cost ($) Electricity Subtotal 2611 SW 15TH A VE i 3 3 67 0.2 67 0.2 o o 66 66 375 375 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" 300 W WOOLBRtGHT RD # WELLS Electricity Subtotal 300 W WOOLBRIGH' 222 222 223 0.8 223 0.8 o o 3 3 9 9 1,261 1.261 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 300 W WOOLBRIGHT RD # WLS-6-7 Electricity Subtotal 300 W WOOLBRIGH' 9 9 217 0.7 217 0.7 o o 216 216 3 3 1,226 1.226 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 345 SW 14TH AVE # WL13 Electricity Subtotal 345 SW 14TH AVE # 29 0.1 29 0.1 o o 29 29 o o 164 164 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "/pI 0607 green request_sorted.xls" 3600 MINER RD # STORE TANK Electricity Subtotal 3600 MINER RD # S7 138 0.5 138 0.5 o o 137 137 2 2 6 6 778 778 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xis" 4693 W BOYNTON BEACH BL VD # WI Electricity Subtotal 4693 W BOYNTON B 134 0.5 134 0.5 o o 134 134 2 2 5 5 757 757 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5470f735 3125110 Page 18 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) 5469 W BOYNTON BEACH BL VD # W WTR PL T Electricity Subtotal 5469 W BOYNTON B 4,929 4,929 59 59 200 200 4,952 16.9 4,952 16.9 27.933 27,933 o o Electricity use complied by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green request_sorted.xls" 600 E BOYNTON BEACH BL VD #L TS Electricity 15 15 o o 15 15 0.1 0.1 87 87 o o Subtotal 600 E BOYNTON BE Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 6058 SUNBERRY CIR # WELL 4W Electricity Subtotal 6058 SUNBERRY CII 141 141 2 2 6 6 141 141 0.5 0.5 797 797 o o Electricity use complied by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 7262 S MILITARY TRL #LS929 Electricity Sublotal 7262 S MILITARY TR 2 2 o o o o 2 0.0 2 0.0 9 9 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 9730 SILLS DR E # LFT 11 Electricity 109 109 4 110 110 0.4 0.4 620 620 o o Subtotal 9730 SILLS DR E # L 4 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_ sorted-xis" 9815 S MILITARY TRL # PN10l Electricity Subtota/9815 S MILITARY TR o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted-xls" This report has been generated for Boynton Beach, Florida using ICLEf's Clean Air and Climate Protection 2009 Software. 5480f735 3/25/1 0 Page 19 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH 4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 9941 MAJESTIC WA Y # WELL 6W Electricity Subtotal 9941 MAJESTIC WA' 274 274 3 3 11 11 275 275 0.9 0.9 1.550 1.550 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM AD DR COMPLETE. "fpl 0607 green request_sorted-xis" SW 17THLN#WLS 15-18 Electricity Subtotal SW 17TH LN # WLS 416 416 5 5 17 17 418 418 1.4 1.4 2,357 2.357 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Water Delivery Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "lpl 0607 green request_sort&l.xls" Subtotal Water Delivery Facilitie: 8,498 102 346 8,537 29.1 48,161 o Wastewater Facilities Boynton Beach, Florida 1 NW 36 TER #LS 707 Electricity Subtotal 1 NW 36 TEFl #LS 70 10 10 o o o o 10 10 0.0 0.0 57 57 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" I SANDALWOOD DR # LS516 Electricity 20 20 o 20 0.1 111 o - - Subtotal I SANDALWOOD DF o ---'---~~~ 20 0.1 111 o Electricity use compiled by Sue Moroney, City 01 Boynton Beach Finance Department. Name 01 Wastewater Group lrom excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 10 E TARA LKS DR # LS 612 Electricity Subtotal 10 E TARA LKS DR Ii 14 14 o o 14 14 0.0 0.0 82 82 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5490f735 3/25/10 Page 20 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonneS) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) (010) Energy (MMBtu) Cost ($) 10 MEADOWS 8L VD # LS 615 Electricity Subtotal 10 MEADOWS BLVD 9 9 o o o o 9 0.0 9 0.0 52 52 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 1 0002 GRANADA BA Y # LS917 Electricity Subtotal 10002 GRANADA BA 2 2 o o o o 2 0.0 2 0.0 11 11 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 10355 S MILITARY TRL #LS901A Electricity Subtotal 10355 S MILITARY T 20 20 o o 20 0.1 20 0.1 113 113 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 10626 LAWRENCE RD # LS801 Electricity Subtotal 10626 LAWRENCE Pi 113 113 5 5 113 0.4 113 0.4 640 640 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PAEM_ADDA_COMPLETE. "fpl 0607 green requesCsorted.xls" 10650 S MILITARY TRL # 910 Electricity Subtotal 10650 S MILITARY T 2 2 o o o o 2 0.0 2 0.0 9 9 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PAEM_ADDA_COMPLETE. "fpl 0607 green request_sorted.xls" 10773 QUAIL COVEY RD # LS703 Electricity Subtotal 10773 QUAIL COVEl 3 3 o o o o 3 0.0 3 0.0 17 17 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PAEM_ADDA_COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5500f735 3/25/10 Page 21 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 10808 GREENTRAIL DR 5 # L5814 Electricity Subtotal 10808 GREENTRAIL 5 5 o o o o 5 5 0.0 0.0 26 26 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 1 090 SW 24 TH AVE # LS608 Electricity Subtotal 1090 SW 24TH A VE I 2 2 o o o o 2 2 0.0 0.0 9 9 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "1pl 0607 green request_sorted.xls" 1100 NW 9TH WAY # LS 507 Electricity 5ubto/alll00NW9TH WAYII 3 3 o o o o 3 3 0.0 0.0 18 18 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 11390 QUAIL COVEY # LS702 Electricity Subto/al1139G QUAIL COVEl 3 3 o o o o 3 3 0.0 0.0 17 o o 17 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 1145 MENTONE RD # L5302 Electricity Subtotal 1145 MENTONE RD. 3 3 o o o o 3 0.0 3 0.0 17 17 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 1155 QUANTUM LAKES DR # L5 510 Electricity Subtota/1155 QUANTUM LAk 8 8 o o o o 8 0.0 8 0.0 45 45 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_ sorted.xls" This report has been generated for Boynton Beach, Florida using ICLE/'s Clean Air and Climate Protection 2009 Software. 551 of735 3/25/10 Page 22 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 11601 CASCADE LAKES BL VD #LS925 Electricity 4 4 o o o o 4 0.0 4 0.0 24 24 o o Subtotal 11601 CASCADE LAI Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 12120LAV/TA WAY#LS927 Electricity Subtota/12120 LA VITA WAYI 3 3 o o o o 3 3 0.0 0.0 19 19 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 1219 S CONGRESS AVE # PMP Electricity Subtotal 1219 S CONGRESS, o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 1246 SUSSEX ST # LS913 Electricity 9 9 o o o o 9 9 0.0 0.0 52 52 o o Sublotal 1246 SUSSEX ST # L Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 12550 S MILITARY TRL # LS923 Electricity Subtota/12550 S MILITARY T. 6 6 o o o o 6 6 0.0 0.0 32 32 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" 1304 SW 16TH 5T # L5605 Electricity Subtotal 1304 SW 16TH ST # , 2 2 o o o o 2 2 0.0 0.0 10 10 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5520f735 3/25/1 0 Page 23 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) 1340 SW 27TH A VE # LS609 Electricity Subtotal 1340 SW 27TH AVE I 26 26 o o 26 26 0.1 0.1 146 146 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green requeSt_sorted.xls" 1359 NW 22ND AVE # LS 708 Electricity Subtota/1359 NW 22ND AVE 35 35 o o 35 35 0.1 196 196 o o 0.1 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_.ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 1401 N CONGRESS AVE # LS 719 Electricity Subtotal 1401 N CONGRESS, 9 9 o o o o 9 9 0.0 0.0 51 51 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 145 N PALM DR # L5304 Electricity o o o o 0.0 0.0 5 5 o o Subtotal 145 N PALM DR # LS Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 1488 HYPOWXO RD # L5303 Electricity Subtotal 1488 HYPOLUXO RC 11 o o o o 11 11 0.0 0.0 63 63 o o 11 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted. xis" 1500 NW 22ND AVE # LS 706 Electricity Subtota/1500 NW 22ND A VE 3 3 o o o o 3 3 0.0 0.0 18 18 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" This report has been generated tor Boynton Beach, Florida using ICLEf's Clean Air and Climate Protection 2009 Software. 5530f735 3/25/1 0 Page 24 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) NO 2 (kg) CH4 (kg) Equlv CO2 (tonnes) ("10) Energy (MMBtu) Cost ($) 1527 NW 2ND AVE # LS317M Electricity Subtotal 1527 NW 2ND A VE # 194 194 2 2 8 8 195 195 0.7 0.7 1.099 1.099 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 greenrequeSt_sorted.xls" 1530 W BOYNTON BEACH BL VD # LS5DB Electricity o o o o o o o o 0.0 0.0 o o o o Subtotal 1530 W BOYNTON B Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 1599 SW 30TH A VE # L$-611 Electricity Subtota/1599 SW 30TH A VE I 6 6 o o o o 6 6 0.0 0.0 36 36 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 1721 STONEHA VEN DR # LS614 Electricity Subtota/1721 STONEHA VEN 4 o o o o 4 0.0 0.0 25 25 o o 4 4 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 18 BRENTWOOD DR # LS 716 Electricity Subtotal 18 BRENTWOOD DR 5 5 o o o o 5 0.0 5 0.0 28 28 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 1800 SW CONGRESS BL VD # LS604 Electricity $ubtota/1800 SW CONGRES: 7 7 o o o o 7 0.0 7 0.0 38 38 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" This report has been generated for Boynton Beach. Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5540f735 3/25/10 Page 25 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (Kg) CH4 (kg) Equlv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 1801 OCEAN DR# LS601 Electricity Subtotal 1801 OCEAN DR # L 9 9 o o o o 9 0.0 9 0.0 52 52 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 greenrequeSt_sorted.xls" 1810 NEW PALM WA Y # LS202 Electricity Subtotal 1810 NEW PALM WA 7 7 o o o o 7 0.0 7 0.0 40 40 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 1900 CORPORATE BLVD # LS613 Electricity Subtotal 1900 CORPORATE E o o o o 0.0 0.0 6 6 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 1900 S CONGRESS A VE # LS 705 Electricity Subtotal 1900 S CONGRESS, 5 5 o o o o 5 0.0 5 0.0 31 31 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 1909 SW 18TH ST # LS606 Electricity Subtotal 1909 SW 18TH ST #. 15 15 o o 15 0.1 lS 0.1 87 87 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 1931 N SEA CREST BLVD # LS309 Electricity Subtotal 1931 N SEACRESTt 125 125 2 2 5 5 126 0.4 126 0.4 711 711 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5550f735 3/25/1 0 Page 26 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tOnlleS) N20 (kg) CH4 (kg) EquiY CO2 (tonnes) ("!oj Energy (MMBtu) Cost ($) 195 SE 27TH WAY#LS410 4 o o o o 4 0.0 4 0.0 25 25 o o Electricity Subtotal 195 SE 27TH WA Y # 4 Electricity use compiled by Sue Moroney, City at Boynton Beach Finance Department. Name at Wastewater Group trom excel spreadsheet column labeled PREM ADDR COMPLETE. "tpl 0607 green request_sorted.xls" 2015 S FEDERAL HWY # LS414 Electricity 5 5 o o o o 5 5 0.0 0.0 26 26 o o Subtotal 2015 S FEDERAL HV Electricity use compiled by Sue Moroney, City ot Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPlETE. "fpl 0607 green request_sorted. xis" 21 WOODS LN # LSB03 Electricity Subtotal21 WOODS LN # LSE 3 3 o o o o 3 3 0.0 0.0 18 18 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPlETE. "fpl 0607 green request_sorted. xis" 220 BA YVIEW A VE # LS305 Electricity Subtotal 220 BA YVIEW AVE # o o o o 0.0 0.0 7 7 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPlETE. "fpl 0607 green requesCsorted.xls" 2203 1/2 SW ROMA WA Y # LS607 Electricity Subtotal2203 1/2 SW ROMA I o o o o 0.0 0.0 6 6 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "tpl 0607 green requeSt_sorted. xis" 2240 N FEDERAL HWY Electricity Subtotal 2240 N FEDERAL H~ 41 41 o o 2 2 41 41 0.1 0.1 231 231 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted. xis" This report has been generated for Boynton Beach, Rorida using IClEI's Clean Air and Climate Protection 2009 Software. 5560f735 3125110 Page 27 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 2399 QUANTUM 8L VD # LS 512 Electricity Subtotal 2399 QUANTUM 8L \I 7 7 o o o o 7 0.0 7 0.0 38 38 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM AD DR COMPLETE. "fpi 0607 green requeSt_sorted.xls" 24 SOUTHPORT LN # LS812 Electricity 5 5 o o o o 5 0.0 5 0.0 27 27 o o Subtotal 24 SOUTHPORT LN ; Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 2590 N SEACREST BL VO # L5307 Electricity Subtotal 2590 N SEA CREST f 6 6 o o o o 6 0.0 6 0.0 35 35 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name at Wastewater Group trom excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green requeSt_sorted.xls" 2612 SW 23RD CIRCLE OR # LS807 Electricity 22 22 o o 22 0.1 22 0.1 123 123 o o Subtotal 2612 SW 23RO CIRC Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green requeSt_sorted.xls" 2709 SW 6TH ST # LS405 Electricity 15 15 o o 15 0.1 15 0.1 86 86 o o Subtotal 2709 SW 6TH ST # L. Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 28 STRATFORD LN W # LS813 Electricity Subtotal 28 STRA TFORO LN I 6 6 o o o o 6 0.0 6 0.0 33 33 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5570f735 3/25/10 Page 28 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 2800 SW GOLF RD # LS518 Electricity 2 2 o o o o 2 2 0.0 0.0 11 11 o o Subtotal 2800 SW GOLF RD II Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 2870 S FEDERAL HWY # LS207 Electricity Subtotal 2870 S FEDERAL HV 6 6 o o o o 6 0.0 6 0.0 32 32 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "tpl 0607 green requeSt_sorted.xls" 3000 NW COMMERCE PARK DR #LS718 Electricity 5 5 o o o o 5 5 0.0 0.0 29 29 o o Subtotal 3000 NW COMMERC Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "!pI 0607 green request_sorted.xls" 3010 S SEACREST BL VD # LS306 Electricity 5 5 o o o o 5 5 0.0 0.0 29 29 o o Subtotal 3010 S SEA CREST E Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 3111 S CONGRESS AVE # IRRIG Electricity Sublotal3111 S CONGRESS, 17 17 o o 18 0.1 18 0.1 99 99 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 3285 QUANTUM BL VD # LS 511 Electricity Subtotal 3285 QUANTUM BL v 5 5 o o o o 5 5 0.0 0.0 27 27 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5580f735 3/25/10 Page 29 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) 3401 SCONGRESSAVE#LS816 Electricity o o o o 0.0 0.0 8 8 o o Subtotal 3401 S CONGRESS, Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "!pI 0607 green request_sorted.xls" 344 SW 6TH AVE # L5402 Electricity Subtotal 344 SW 6TH AVE # L 3 3 o o o o 3 3 0.0 0.0 15 15 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.XIS" 3445 N FEDERAL HWY # LS-208 Electricity Subtotal 3445 N FEDERAL H~ o o o o 0.0 0.0 3 3 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPlETE. "fpl 0607 green requescsorted.xls" 3506 SE 2ND CT # L5409 Electricity Subtotal 3506 SE 2ND CT # U o o o o 0.0 0.0 6 6 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted. xis" 360 MAIN BL VD # L5404 Electricity o o o o 0.0 0.0 7 o o Subtotal 360 MAIN BL VD # LS 7 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted.xls'" 3609 S FEDERAL HWY # LS413 Electricity Subtotal 3609 S FEDERAL HV 2 2 o o o o 2 2 0.0 0.0 9 9 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green request_SOrfed.xls" This report has been generated for Boynton Beach, Florida using IClEI's Clean Air and Climate Protection 2009 Software. 5590f735 3/25/10 Page 30 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 3625 S CONGRESS AVE # LS806 Electricity 15 15 o o 16 0.1 16 0.1 87 87 o o Subtotal 3625 S CONGRESS, Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 greenrequeSt_sorted.xls" 37 COCOA PINE DR # LS 915 Electricity Subtotal 37 COCOA PINE DR 3 3 o o o o 3 0.0 3 0.0 15 15 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques,-sorted.xls" 3769 SIL VER LACE LN # LS811 Electricity Subtotal 3769 SIL VER LACE L 7 7 o o o o 7 0.0 7 0.0 42 42 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 3800 S CONGRESS AVE # LS610 Electricity Subtotal 3800 S CONGRESS, 3 3 o o o o 3 0.0 3 0.0 19 19 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "!pI 0607 green request_sorted.xls" 3883 WINFIELD RD # LS701 Electricity Subtotal 3883 WtNFIELD RD ~ 2 o o o o 2 0.0 2 0.0 10 10 o o 2 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "!pI 0607 green reques,-sorted.xls" 3951 NOCEANBLVD#LS104 Electricity Subtotal 3951 N OCEAN BL Vi o o o o o o o 0.0 o 0.0 2 2 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEf's Clean Air and Climate Protection 2009 Software. 5600f735 3/25/10 Page 31 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 N20 CH4 Equiv CO2 Energy Cost (tonnes) (kg) (kg) (tonnes) ("!o) (MMBtu) ($) 4030 PALO VERDE DR # LS810 Electricity 4 0 0 4 0.0 24 0 Subtotal 4030 PALO VERDE [ 4 0 0 4 0.0 24 0 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSl_sorted.xls" 4100 NW 7TH CT # LS717 Electricity Subtotal 4100 NW 7TH CT # L 7 7 o o o o 7 0.0 7 0.0 39 39 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSl_sorted.xls" 4101 MAHOGANY BAY DR # LS720 Electricity Subtotal 4101 MAHOGANY B; 9 9 o o o o 9 0.0 9 0.0 53 53 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 4290 ROYAL MANOR BLVD # LS918 Electricity 5 5 o o o o 5 0.0 5 0.0 29 29 o o Subtota/4290 ROYAL MANOF Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 4455 CARYOTA DR # LS809 Electricity Subtotal 4455 CARYOTA DR I 2 2 o o o o 2 0.0 2 0.0 12 12 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques'-sorted.xls" 4512 N OCEAN BL VD # LS102 Electricity Subtotal 4512 N OCEAN BL VL 6 6 o o o o 6 0.0 6 0.0 37 37 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques,-sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5610f735 3/25/10 Page 32 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 N20 CH4 Equiv CO2 Energy Cost (tonnes) (kg) (kg) (tonnes) ("!o) (MMBtu) ($) 4600 NOCEAN BLVD#LS10l Electricity 0 0 0.0 3 0 Subtotal 4600 N OCEAN BL V[ 0 0 0.0 3 0 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted. xis" 4722 BUCIDA RD # LS 911 Electricity Subtotal 4722 BUCIDA RD # L 2 2 o o o o 2 0.0 2 0.0 10 10 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 4755 STORKWOOD TER # LS805 Electricity Subtotal 4755 STORKWOOD 2 2 o o o o 2 0.0 2 0.0 10 10 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 4802 N OCEAN BL VD # LFT 103 Electricity Subtotal 4802 N OCEAN BL V[ 5 5 o o o o 5 0.0 5 0.0 28 28 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 4901 GOLF RD # LS 316 Electricity 51 51 2 2 51 51 0.2 0.2 289 289 o o Subtotal 4901 GOLF RD # LS Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 4945 PALO VERDE DR # LS808 Electricity Subtotal 4945 PALO VERDE [ o o o o 0.0 0.0 7 7 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request~sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 562 of 735 3/25/10 Page 33 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 N20 CH4 Equlv CO2 Energy Cost (tonnesj (kg) (kg) (tonnes) ("!oj (MMBtu) ($) 502 VENICE DR # LS505 Electricity 0 0 0 0 0.0 2 0 Subtotal 502 VENICE DR # LS 0 0 0 0 0.0 2 0 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xIS" 5199 TARTAN LAKES BL VD # LS903 Electricity Subtota/5199 TARTAN LAKE~ 4 o o o o 4 0.0 4 0.0 24 24 o o 4 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name ot Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 522 INDUSTRIAL AVE # LS 501 Electricity Subtotal 522 INDUSTRIAL A V, 3 3 o o o o 3 0.0 3 0.0 18 18 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 5230 FLA VOR PICT RD # LS 924 Electricity Subtotal 5230 FLA VOR PICT I 6 6 o o o o 6 0.0 6 0.0 35 35 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted. xis" 5317 MIRROR LAKES BL VD # LS902 Electricity Subtotal 5317 MIRROR LAKE~ 3 3 o o o o 3 0.0 3 0.0 19 19 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 5333 BRIAN BL VD # LS 906 Electricity Subtotal 5333 BRIAN BL VD # 4 4 o o o o 4 0.0 4 0.0 22 22 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5630f735 3/25/10 Page 34 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equiv CO2 (tonnes) ("!oj Energy (MMBtu) Cost ($) 5351 PALM CHASE DR # LS 907 Electricity Subtotal 5351 PALM CHASE l 4 4 o o o o 4 4 0.0 0.0 25 25 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Depanment. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "Ipl 0607 green requeSt_soned.xls" 5469 BOYNTON BEACH BL VD # LS804 Electricity o o o o o o o o 0.0 0.0 2 2 o o Subtotal 5469 BOYNTON BEA Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Depanment. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_soned.xls" 550 SW 3RD ST #LS#415 Electricity Subtotal 550 SW 3RD ST #LS; o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Depanment. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_soned.xls" 5501 PARK RIDGE BL VD # LS509 Electricity Subtotal 5501 PARK RIDGE B 6 6 o o o o 6 0.0 6 0.0 33 33 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Depanment. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_soned.xls" 600 SW 6TH A VE # LS603 Electricity Subtotal 600 SW 6TH AVE # L 7 7 o o o o 7 0.0 7 0.0 38 38 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Depanment. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sonad.xls" 615 POTTER RD # LS201 Electricity 8 8 o o o o 8 0.0 8 0.0 46 46 o o Subtotal6t5 POTTER RD # U Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Depanment. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sonad.xls" This repon has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5640f735 3/25/10 Page 35 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) ("!oj Energy (MMBtu) Cost ($) 635 E BOYNTON BEACH BL VD # SVC PT 1 Electricity 24 o o 25 0.1 25 0.1 139 139 o o Subtotal 635 E BOYNTON BE 24 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 635 E BOYNTON BEACH BL VD # SVC PT 2 Electricity Subtotal 635 E BOYNTON BE, 3 3 o o o o 3 0.0 3 0.0 15 15 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 greenrequesLsorted.xls" 649 SUNNY SOUTH A VE # LS-704 Electricity Subtotal 649 SUNNY SOUTH, o o o o 0.0 0.0 5 5 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques,-sorted.xls" 6880 LAWRENCE RD # LS711 Electricity Subtotal 6880 LA WRENCE R[ 3 3 o o o o 3 0.0 3 0.0 15 15 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 6999 NAUT/CA SOUND BL VD # LS922 Electricity 5 5 o o o o 5 0.0 5 0.0 27 27 o o Subtotal 6999 NAUTlCA SOUl Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 705 E BOYNTON BEACH BL VD # LS356M Electricity Subtotal 705 E BOYNTON BE. 225 225 3 3 9 9 226 0.8 226 0.8 1,273 1,273 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 565 of 735 3/25/10 Page 36 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) 7050 S FEDERAL HWY # LS 205 Electricity Subtotal 7050 S FEDERAL HV 6 6 o o o o 6 0.0 6 0.0 32 32 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 7182 OLD ORCHARD WA Y #LS928 Electricity 3 3 o o o o 3 3 0.0 0.0 16 16 o o Subtotal 7182 OLD ORCHARC Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 7200 E OAKRIDGE CIR # LS301 Electricity Subtolal 7200 E OAKRIDGE C o o o o o o o o 0.0 0.0 3 3 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 7200 LAWRENCE RD #LS 920 Electricity Subtotal 7200 LA WRENCE RC o o o o 0.0 0.0 3 3 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" 7255 S MILITARY TRL # LS909 Electricity Subtotal 7255 S MILITARY TR 2 2 o o o o 2 0.0 2 0.0 9 9 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 7280 PALMDALE DR # LS714 Electricity Subtolal 7280 PALMDALE DR 8 8 o o o o 8 0.0 8 0.0 47 47 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "!pI 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5660f735 3/25/10 Page 37 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equlv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 7296 S FEDERAL HWY # LS Electricity Subtotal 7296 S FEDERAL HV 3 3 o o o o 3 3 0.0 0.0 18 18 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 7362 S FEDERAL HWY # LS 210 Electricity Subtotal 7362 S FEDERAL HV 5 5 o o o o 5 0.0 5 0.0 28 28 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 7501 LAWRENCE RD # LS 713 Electricity Subtotal 7501 LAWRENCE R[ 4 o o o o 4 4 0.0 0.0 22 22 o o 4 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques,-sorted.xls" 7580 S FEDERAL HWY # LS 209 Electricity Subtotal 7580 S FEDERAL HV o o o o o o o o 0.0 0.0 3 3 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 7830 S MILITARY TRL # LS 926 Electricity Subtotal 7830 S MILITARY TR 2 2 o o o o 2 2 0.0 0.0 10 10 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 800 OCEAN DR # LS602 Electricity Subtotal 800 OCEAN DR # LS 32 32 o o 32 32 0.1 0.1 183 183 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5670[735 3/25/10 Page 38 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (Ionnes) ("!o) Energy (MMBtu) CosI ($) 8004 US HIGHWAY 1 # LS312 Electricity Subtota/8004 US HIGHWA Y 1 4 4 o o o o 4 0.0 0.0 23 23 o o 4 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 801 NCONGRESSAVE#LS712 Electricity Subtota/801 N CONGRESS A o o o o 0.0 0.0 4 o o 4 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 greenrequeSt_sorted.xls" 8020 LA WRENCE RD # LS319 Electricity Subtota/8020 LAWRENCE R[ 64 64 3 3 64 64 0.2 0.2 362 362 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques,-sorted.xls" 815 W BOYNTON BEACH BL VD # IRR Electricity Subtotal 815 W BOYNTON BE. o o o o o o o o 0.0 0.0 o o o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 815 W BOYNTON BEACH BLVD # LS513 Electricity Subtota/8/5 W BOYNTON BE 2 2 o o o o 2 0.0 2 0.0 12 o o 12 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 8150 S FEDERAL HWY # LS 314 Electricity Subtotal 8/50 S FEDERAL HV 2 2 o o o o 2 2 0.0 0.0 12 12 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted. xis" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5680f735 3/25/10 Page 39 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) 8194 SUN UP TRL # LS919 Electricity Subtota/8194 SUN UP TRL # o o o o 0.0 0.0 5 5 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xIS" 8207 AMBACH WAY# LS311 Electricity 2 2 o o o o 2 2 0.0 0.0 9 9 o o Subtotal 8207 AMBACH WA Y Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 8265 BERMUDA SOUND WA Y #LS 921 Electricity Subtotal 8265 BERMUDA SOL 2 2 o o o o 2 2 0.0 0.0 13 13 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 848 NW 13TH A VE # LS503 Electricity Subtotal 848 NW 13TH A VE # 4 4 o o o o 4 4 0.0 0.0 21 21 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 8484 NORTHSTAR AVE # LS912 Electricity 10 10 o o o o 10 10 0.0 0.0 55 55 o o Subtotal 8484 NORTHSTAR A Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 900 MISSION HILL RD # LS408B Electricity Subtotal 900 MISSION HILL R 7 7 o o o o 7 7 0.0 0.0 37 37 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 569 of 735 3/25/10 Page 40 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) 906 S FEDERAL HWY # LS206 Electricity Subtotal 906 S FEDERAL HW o o o o 0.0 0.0 7 7 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.Xls" 9135 LAWRENCE RD #LlFT STA 721 Electricity Subtota/9135 LA WRENCE R[ o o o o 0.0 0.0 4 4 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 9507 CYPRESS PARK WA Y # LS908 Electricity Subtotal 9507 CYPRESS PAR o o o o 0.0 0.0 6 6 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" 9656 SILLS DR E # LFT 9 Electricity Subtotal 9656 SILLS DR E # L 204 2 2 8 8 205 205 0.7 0.7 1,156 1,156 o o 204 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" 9667 CALLlANDRA DR # LS715 Electricity Subtotal 9667 CALLlANDRA C 2 2 o o o o 2 0.0 2 0.0 12 12 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 9760 S MILITARY TRL # LS905 Electricity Subtotal 9760 S MILITARY TR o o o o 0.0 0.0 7 7 o o Eleclricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5700f735 3/25/10 Page 41 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH 4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) 9779 PLATlNA AVE # LS914 Electricity Subtotal 9779 PLA TINA A VE ~ 18 18 o o 18 18 0.1 0.1 100 100 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 9870 PINEAPPLE TREE DR # LS 802 Electricity Subtotal 9870 PINEAPPLE TR 7 7 o o o o 7 7 0.0 0.0 42 o o 42 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" 9903 S MILITARY TRL # LS 904 Electricity Sublolal9903 S MILITARY TR o o o o 0.0 0.0 7 o o 7 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requesCsorted.xls" BOYNTON LAKES BL VD #LS 517 Electricity Subtotal BOYNTON LAKES BI 9 9 o o o o 9 9 0.0 0.0 50 50 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet COlumn labeled PREM_ADDR_COMPLETE. "!pI 0607 green request_sorted.xls" BOYNTON LAKES BLVD #LS 520 Electricity Subtotal BOYNTON LAKES Bl 3 3 o o o o 3 0.0 3 0.0 16 16 o o Electricity use compiied by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" CHAPEL HILL BL va # LS406 Electricity Subtotal CHAPEL HILL BL va 8 8 o o o o 8 0.0 8 0.0 43 43 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green requesCsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 571 of735 3/25/10 Page 42 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (lonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) CHURCHILL RD # LS407 Electricity Subtotal CHURCHILL RD # LEo o o o o 0.0 0.0 8 8 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" CONGRESS AVE # LS 709 3 3 o o o o 3 3 0.0 0.0 16 16 o o Electricity Subtolal CONGRESS A VE # L Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" CORAL DR # LS506 Electricity Subtotal CORAL DR # LS506 o o o o o o o o 0.0 0.0 2 2 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excei spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" HIGH POINT BL VD # LS403 Electricity Subtotal HIGH POtNT BL VD # 4 4 o o o o 4 0.0 4 0.0 23 23 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" MEADOWS BL VD # LS71 0 Electricity Subtotal MEADOWS BL VD # 1 12 12 o o 13 0.0 13 0.0 71 71 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green request_sorted. xIs" N FEDERAL HWY # LS203 Electricity Subtotat N FEDERAL HWY # I 4 o o o o 4 0.0 4 0.0 22 22 o o 4 Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green requescsorted.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 572 of735 3/25/10 Page 43 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) ("10) Energy (MMBtu) Cost ($) N SWINTON A VE # LS411 Electricity Subtotal N SWINTON AVE # L 2 2 o o o o 2 2 0.0 0.0 14 14 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" NE 12TH A VE # LS204 Electricity Subtotal NE 12TH AVE # LS2( 3 3 o o o o 3 3 0.0 0.0 14 14 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" NE 22ND A VE AND 4 ST # LS308 Electricity Subtotal NE 22ND A VE AND 4 7 7 o o o o 7 7 0.0 0.0 42 42 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "!pI 0607 green reques,-sorted.xls" NE 4TH STAND 16AVE#LS310 Electricity Subtotal NE 4TH ST AND 16 J 22 22 o o 23 23 0.1 0.1 127 127 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green reques,-sorted.xls" NE 4TH ST AND 26 AVE # LS 315 Electricity Subtotal NE 4TH ST AND 26 J 7 7 o o o o 7 0.0 7 0.0 39 39 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" NW 3RD ST AND CANAL # LS313 Electricity Subtotal NW 3RD ST AND CA 15 15 o o 15 15 0.1 0.1 84 84 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted.xls" This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5730f735 3/25/10 Page 44 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) NW 8TH A VE AND lOST # LS502 Electricity Subtotal NW 8TH A VE AND 11 9 9 o o o o 9 9 0.0 0.0 51 51 o o Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "!pI 0607 green requeSt_sorted.xls" PINETREE DR # LS8t5 Electricity o o o o 0.0 0.0 8 8 o o Subtotal PINETREE DR # LS8 Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_ COMPLETE. "fpl 0607 green requescsorted.xls" SE 23RD AVE AND US 1 # LS412 Electricity 3 3 o o o o 3 3 0.0 0.0 17 17 o o Subtotal SE 23RD A VE AND L Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted. xis" South Central Regional Wastewater Treatment Plant Electricity Nitrous Oxide 4,857 o 4,857 59 1.220 1,279 198 o 198 4,879 16.6 378 1.3 5,258 17.9 27,526 o 27.526 o o o Subtotal South Central Region Data provided by Dennis Coates, Executive Director of the South Central Regional Wastewater Treatment and Disposal Board. N20 from nitrification and and effluent discharge. Calculated using equations 10.8 and 10.9 from the Local Government Operations Protocol. "Boynton Beach WWTP calcs_020410.xls" "Boynton Beach WWTP electricity calcs.xls" SW 3RD ST AND 1 ST A VE # LS401 Electricity Subtotal SW 3RD ST AND 1 S~ 2 2 o o o o 2 2 0.0 0.0 10 10 o o Electricity use compiled by Sue Moroney. City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM_ADDR_COMPLETE. "fpl 0607 green request_sorted.xls" W BOYNTON BEACH BL VD # LS504 Electricity Subtotal W BOYNTON BEAO 4 4 o o o o 4 0.0 4 0.0 25 25 o o This report has been generated for Boynton Beach. Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5740f735 3/25/10 Page 45 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Cost ($) Electricity use compiled by Sue Moroney, City of Boynton Beach Finance Department. Name of Wastewater Group from excel spreadsheet column labeled PREM ADDR COMPLETE. "fpl 0607 green requeSt_sorted. xis" Subtotal Wastewater Facilities 6,678 1,300 272 7,087 24.2 37.848 0 Vehicle Fleet Boynton Beach, Florida 1 00 E Boynton Beach Blvd OFF ROAD Diesel 77 0 0 77 0.3 1,047 0 Subtotal tOO E Boynton Beach 77 0 0 77 0.3 1,047 0 Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as off-road construction equipment. 1155 Ouamtum Dr (Lift Station #510) OFF ROAD Diesel Subtota/1155 Quamtum Dr (Li 5 5 o o o o 5 5 0.0 0.0 71 71 o o Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls' Total diesel use entered as off-road construction equipment. 124 E Woo/brite Road OFF ROAD Diesel Subtotal 124 E Woolbrite Roae 38 38 o o o o 38 38 0.1 0.1 524 524 o o Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as off-road construction equipment. 222 NE 9th Ave (Vehicle Parts Warehouse) Diesel Gasoline 2,115 2,250 4,364 6 153 159 4 111 115 2,117 7.2 28,909 0 2,299 7.8 31.737 0 4,416 15.1 60,646 0 Hard copy bills summarized in: Subtota/222 NE 9th Ave (Vehi Gasoline and diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. "Boynton Beach Transportation Fuel Summary 2006.xls" Total fuel quantities entered in the "Light Trucks Alt. Method" category This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5750f735 3/25/10 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) (%) ($) 5469 W Boynton Beach Blvd. OFF ROAD Diesel o o o o 38 38 0.1 38 38 Subtotal 5469 W Boynton Bea, 0.1 Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as oft-road construction equipment. 5501 Park Ridge B/vd (Lift Station #509) OFF ROAD Diesel 5 5 o o o o 5 5 0.0 0.0 Subtota/5501 Park Ridge Blvo Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as oft-road construction equipment. 8020 Jog Road (Golf Course) OFF ROAD Diesel OFF ROAD Gasoline 30 31 60 o o o o o o 30 0.1 31 0.1 60 0.2 Subtotal 8020 Jog Road (Golf . Gasoline and diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total fuel use entered as oft-road construction equipment. Congress St (lift station) OFF ROAD Diesel Subtotal Congress St (lift static 7 7 o o o o 7 7 0.0 0.0 Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as oft-road construction equipment. Station #309 OFF ROAD Diesel o o o o 0.0 0.0 Subtotal Station #309 Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as oft-road construction equipment. This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5760f735 Energy (MMBtu) 523 523 68 68 405 435 840 94 94 13 13 Page 46 Cost o o o o o o o o o o o 3/25/10 Page 47 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equlv CO2 (tonnes) ("!o) Energy (MMBtu) Cost ($) Station #316 OFF ROAD Diesel Subtotal Station #316 3 3 o o o o 3 3 0.0 0.0 41 o o 41 Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as off. road construction equipment. Station #3356 OFF ROAD Diesel Subtotal Station #3356 5 5 o o o o 5 5 0.0 0.0 70 70 o o Diesel use provided by Chris Roschek and Sue Moroney. City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as off-road construction equipment. Station #801 OFF ROAD Diesel Subtotal Station #801 o o o o 0.0 0.0 16 16 o o Diesel use provided by Chris Roschek and Sue Moroney, City of Boynton Beach. Hard copy bills summarized in: "Boynton Beach Transportation Fuel Summary 2006.xls" Total diesel use entered as off-road construction equipment. Subtotal Vehicle Fleet 4,605 159 115 4,657 15.9 63.953 o Employee Commute Boynton Beach, Florida Employee Commuting Gasoline Subtotal Employee Commutinf 1,446 1,446 91 91 86 86 1,476 1,476 5.0 5.0 20,402 20,402 o o Employee home zip codes provided by Sharyn Goebel!, City of Boynton Beach. Distance to City Hall was estimated based on employee home zip codes and using GIS. Assumes single occupancy vehicles driving round-trip 235 days per year (5 day work week - 10 holidays, 10 vacation days, 5 sick days). For employees covered by FL Statute 119. the average distance for other employees was applied. "EE Address list for Green Team 9-10-09_with commute.xls" Subtotal Employee Commute 1,446 91 86 1,476 5.0 20.402 o This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 577 of 735 3/25/10 Page 48 Government Greenhouse Gas Emissions in 2006 Detailed Report CO2 N20 CH4 Equlv CO2 Energy Cost (tonnes) (kg) (kg) (tonnes) ("!o) (MMBtu) ($) Other Process Fugitive Boynton Beach, Florida Municipal Solid Waste Carbon Dioxide 534 0 0 534 1.8 Methane 0 0 1,780 37 0.1 Nitrous Oxide 0 20 0 6 0.0 Subtotal Municipal Solid WastE 534 20 1,780 578 2.0 Emissions from the Solid Waste Authority North County Resource Recovery Facility (NCRRF). NCRRF includes a municipal solid waste (MSW) landfill and waste to energy facility (WTE). Emissions were calculated using LGOP Chapter 9.3.2 Landfills with Comprehensive LFG Collection Systems and the EPA Mandatory GHG Reporting Rule Subpart C (Stationary Combustion). NCRRF data provided by Ravi Kadambala, COM. Emissions are relative to the City Operations contribution to the total MSW received at NCRRF. C02 emissions are from the combustion of MSW at the WTE. CH4 emissions mostly from iandfill, small portion are from the combustion of MSW at the WTE. N20 emissions are from the combustion of MSW at the WTE. "Boynton Beach Solid Waste calcs.xls" ~~_._,.- -_._--~----- Subtotal Other Process Fugitive 534 20 1,780 578 2.0 Refrigerants All Sectors Boynton Beach, Florida Refrigerants HFC-134a 236cb 43-10me 0 0 0 2 0.0 R-402B Blend 0 0 0 0.0 R-404A Blend 0 0 0 23 0.1 Subtotal Refrigerants 0 0 0 26 0.1 Provided by Vic Wooten, City of Boynton Beach; from 12/09 - prior year information not available. "Boynton Beach Refrigerant calcs.xls" Subtotal Refrigerants All Sector! 0 0 0 26 0.1 ~-~ ~....- Total 28,703 1,756 2.882 29,334 100.0 209,924 0 This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 578 of 735 3110110 Page 1 Boynton Beach Community Greenhouse Gas Emissions in 2006 Summary Report CO2 N20 CH4 Equiv CO2 Energy (tonnes) (kg) (kg) (tonnes) (%) (MMBtu) Residential 235,741 2,832 9.633 236,821 25.2 1,347,138 Commercial 196,930 2,323 8,275 197,824 21.1 1,181.256 Industrial 4,391 53 179 4,411 0.5 24.961 Transportation 458,039 25,015 21.351 466,242 49.7 6,429.631 Other 30,456 1.410 101,180 33,018 3.5 Total 925,557 31.633 140,618 938,316 100.0 8.982.987 This report has been generated for Boynton Beach, Florida using ICLEf's Clean Air and Climate Protection 2009 Software. 579 of 735 3/10/10 Page 1 Boynton Beach Community Greenhouse Gas Emissions in 2006 Report by Source CO2 NO CH Equiv CO2 Energy 2 4 (tonnesj (kg) (kg) (tonnes) (%j (MMBtu) Blodiesel (B1oo) 0 0 0 0 0.0 957 Carbon Dioxide 30,461 0 0 30,461 3.2 Diesel 75,237 222 228 75,311 8.0 1 ,028,530 Electricity 431,251 5.197 17.540 433,231 46.2 2,443,977 Fuel Oil (#1 2 4) 9 0 9 0.0 127 Gasoline 381,543 24.761 21,023 389,660 41.5 5,382,942 Methane 0 0 101,181 2,125 0.2 Natural Gas 5,797 11 546 5,812 0.6 109.251 Nitrous Oxide 0 1,410 0 437 0.0 OFF ROAD Diesel 1.259 0 0 1.259 0.1 17,202 Total 925,557 31,601 140,519 938,304 100.0 8,982,987 Fuel costs include Buildings, Vehicle Fleet, Streetlights and Water/Sewage sectors only. This report has been generated for Boynton Beach, Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 5800f735 3/10/10 Page 1 Community Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Residential Boynton Beach, Florida Residential Electricity 234,895 2,831 9,554 235,973 25.1 1.331,189 Fuel Oil (#1 24) 0 0 0 0 0.0 2 Natural Gas 846 2 80 848 0.1 15,947 Subtotal Residential 235,741 2,832 9,633 236,821 25.2 1,347,138 Electricity provided by Claudia M Thompson, Account Specialist, FPL "Boynton_Beach _ elect.xls" Natural Gas provided by Bill McGoldrick, FPU. Email1 /5/201 0 "2006 Natural Gas Usage for the City of Boynton Beach.pdf" "Boynton Beach Communi1y NG usage.xls" Fuel oil calculated using EIA state consumption rates, per sector. Extrapolated using Boynton Beach v. Florida population: http://tonto.eia.doe.gov/dnav/petlpet_sum_top.asp n> Consumption and Sales --> Sales ot Fuel Oil and Kerosene "Boynton Beach - Fuel Use Calcs.xls" Subtotal Residential 235,741 2.832 9,633 236,821 25.2 1,347,138 Commercial Boynton Beach, Florida Cammer/eel Electricity Fuel Oil (#1 24) Natural Gas Carbon Dioxide Methane Nitrous Oxide 191,979 2,314 7,808 192,860 20.6 1.087,976 6 0 1 6 0.0 79 4,945 9 466 4,958 0.5 93.201 1 0 0 0.0 0 0 0 0 0 0.0 0 0 0 0 0 0.0 0 196,930 2,323 8,275 197,824 21.1 1,181,256 Subtotal Commer/cal Electricity provided by Claudia M Thompson, Account Specialist, FPL. Actual City operations usage subtracted from the Commercial Sector. Also includes county and state accounts. "Boynton_Beach _ elect.xls" Natural Gas provided by Bill McGoldrick, FPU. Email1/5/2010.1/28/201 O. Commercial includes Public Authority category minus actual City Operations usage to avoid double counting. Public Authority category includes City Operations and County Schools. "2006 Natural Gas Usage for the City of Boynton Beach.pdt" "Boynton Beach Community NG usage.xls" Fuel oil calculated using EIA state consumption rates, per sector. Extrapolated using Boynton Beach v. Florida populatIon: http://tonto.eia.doe.gov/dnav/petlpet_sum_top.asp --> Consumption and Sales n> Sales of Fuel Oil and Kerosene This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 581 of735 3/10/10 Page 2 Community Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) Np (kg) CH4 (kg) Equiv CO2 (tonnes) (%) Energy (MMBtu) Residual Fuel Oil (#5, 6) emissions calculated using factors from the LGOP and added into the appropriate GHG totals. "Boynton Beach - Fuel Use Calcs.xls' Subtotal Commercial 196,930 2,323 8,275 197,824 21.1 1,181.256 Industrial Boynton Beach, Florida Industrial Electricity Fuel Oil (#1 24) Natural Gas Carbon Dioxide Methane Nitrous Oxide Subtota/lndustrial 4,378 53 178 4.398 0.5 24,812 3 0 0 3 0.0 47 5 0 0 5 0.0 103 4 0 0 4 0.0 0 0 0 0 0.0 0 0 0 0 0 0.0 0 4,391 53 179 4,411 0.5 24,961 Electricity provided by Claudia M Thompson, Account Specialist, FPL "Boynton __Beach __ elect.xls" Natural Gas provided by Bill McGoldrick, FPU. EmaiI1/5/2010 "2006 Natural Gas Usage for the City of Boynton Beach.pdf" "Boynton Beach Community NG usage.xls" Fuel oil calculated using EIA state consumption rates, per sector. Extrapolated using Boynton Beach v. Florida population: http://tonto.eia.doe.gov/dnav/petlpeCsum__top.asp --> Consumption and Sales -> Sales of Fuel Oil and Kerosene Residual Fuel Oil (#5,6) emissions calculated using factors from the LGOP and added into the appropriate GHG totals. "Boynton Beach - Fuel Use Cales.xls' Subtotal Industrial 4,391 53 179 4,411 0.5 24.961 Transportation Boynton Beach, Florida Boynton Beach Trolley Gasoline 59 59 3 4 4 60 60 0.0 0.0 831 831 Subtotal Boynton Beach Tro/Je. 3 All data/assumptions provided by Molly Stahlman, contractor for the Boynton Beach Trolley, run by the Community Redevelopment Authority (CRA). Email 3/8/2010 "FW 3arbon footprint.pdf" "Boynton Beach Trolley calcs.xls" This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5820f735 3/10/10 Community Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonneS) N20 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) CH4 (kg) Community-wide VMT Diesel Gasoline 225 21,018 21,244 74,286 7,9 389,578 41,5 463,864 49.4 74,214 381 ,462 455,675 219 24,756 24,975 Subtotal Community-wide VMl Provided by Gordon Morgan, Florida DOT. Page 3 1 ,014,539 5,381.795 6,396,334 The city vehicle fleet, employee commuting, Boynton Beach trolley and Palm Tran fuel usage was all double counted in the community VMT data provided by DOT. The total GHG emissions in this field still contain emissions from those sources because the data was provided in different units and could not be separated before being entered into the software. COM subtracted these double counted categories separately outside of CACP when calculating GHG emission totals for the final report. Palm Tran emissions - 1,047 MTC02e City on-road fleet - 4,416 MTC02e Employee Commuting - 1,215 MTC02e Actual emissions from community VMT - 457,186 MTC02e Palm Tran Diesel Gasoline 1,023 22 1,046 3 3 1.024 23 Subtofal Palm Tran 4 4 1,047 0.1 0.1 0.0 13,990 317 14,307 Fuel usage provided by Mike Cassidy, Palm Tran. Diesel usage is from buses and light trucks; Gasoline from carsltruckslvans: Model years past 2005 were added as an MY2005 line item. Fuel usage was scaled down by number of major stops as highlighted in the Palm Tran schedule in Boynton Beach vs. all of Palm Tran. EmaiI121212009 "Greenhouse Gas Inventory of Boynton beach_Palm Tran.pdf" "CY2006FueIConsumed_Palm Tran_BB.xls" Tn-Rail: 820 ----- Biodiesel (B100) 0 0 0 0 0.0 957 OFF ROAD Diesel 425 0 0 425 0.0 5,811 Subtotal Tri-Rail: 820 425 0 0 425 0.0 6,768 Fuel usage provided by Michelle M'Sadoques, originally from the South Florida Regional Transportation Authority. 2006 Data not available, 2009 data was scaled based on the increased ridership from 2006 to provided estimated 2006 fuel usage. Total fuel usage was split by number of stations. B20 is 20% biofuel and 80% Diesel. 20% of total B20 fuel use was added to the B1 00 category (Heavy Duty Vehicles All. Method) and 80% of total B20 fuel use was added to the OFF ROAD Diesel category (locomotive). "Boynton Beach Tri-Rail calcs.xls" Tn-Rail: Diesel OFF ROAD Diesel Subtotal Tn-Rail: Diesel 834 834 11.391 11.391 834 834 o o o o 0.1 0.1 Fuel usage provided by Michelle M'Sadoques. originally from the South Florida Regional Transportation Authority. 2006 Data not available, 2009 data was scaled based on the increased ridership from 2006 to provided estimated 2006 fuel usage. Total fuel usage was split by number of stations. "Boynton Beach Tri-Rail calcs.xls" This report has been generated for Boynton Beach. Florida using ICLEI's Clean Air and Climate Protection 2009 Software. 583 of 735 3/10/10 Page 4 Community Greenhouse Gas Emissions in 2006 Detailed Report CO2 (tonnes) N20 (kg) CH4 (kg) Equiv CO2 (tonnes) ("!o) Energy (MMBtu) Subtotal Transportation 458,039 24,983 21,252 466,230 49.7 6,429,631 Other Boynton Beach, Florida Municipal Solid Waste Carbon Dioxide Methane Nitrous Oxide Subtotal Municipal Solid WastE 30,456 o o 30,456 o o 1.410 1.410 o 101,180 o 101,180 30,456 3.2 2,125 0.2 437 0.0 33.018 3.5 Emissions from the Solid Waste Authority North County Resource Recovery Facility (NCRRF). NCRRF includes a municipai solid waste (MSW) landfill and waste to energy facility (WTE). Emissions were calculated using LGOP Chapter 9.3.2 Landfills with Comprehensive LFG Collection Systems and the EPA Mandatory GHG Reporting Rule Subpart C (Stationary Combustion). Ravi Kadambala. COM. Emissions are relative to the City of Boynton Beach's contribution to the total MSW received at NCRRF. C02 emissions are from the combustion of MSW at the WTE. CH4 emissions mostly from landfill, small portion are from the combustion of MSW at the WTE. N20 emissions are from fhe combustion of MSW at the WTE. "Boynton Beach Solid Waste calcs.xls" Subtotal Other 30,456 1,410 101.180 33,018 3.5 Total 925,557 31,601 140,519 938,304 100.0 8,982,987 This report has been generated for Boynton Beach, Florida using ICLEl's Clean Air and Climate Protection 2009 Software. 5840f735 10.C CiTY MANAGER'S REPORT April 6, 2010 /((( ,,' ., " ~'" "'.~-J .....",' r'.; CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER [gI CITY MANAGER'S REPORT D ANNOUNCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D D CONSENT AGENDA LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Authororize staff to prepare ordinance or resolution to create a financial advisory committee to assist with budget and financial stability recommendations. EXPLANATION OF REQUEST: The City Attorney's Office has completed a comparative review of municipal financial or budget advisory committees. A copy of the review is attached. If the City Commission desires to establish a financial advisory committee or board, staff suggests looking at the City of Delray Beach as a possible model. In 2009, the Financial Review Board prepared an excellent, comprehensive review of the City's operating budget. This report is attached as an exhibit. The role and function of budget advisory committee is to review the recommended budget of the City Manager and to provide other financial review as requested by the city commission. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The establishment of a budget or financial advisory committee will affect the budget calendar for fiscal 2010-11. The current plan is to present a proposed budget to the City Commission in early July. A newly established committee may not have much time to do a detailed review of the budget. FISCAL IMPACT: None other than staff support services to the committee. ALTERNATIVES: Do not establish a financial or budget advisory committee at this time. (See next page for exhibits to this agenda item) Exhibit A 1-A3: City of Delray Beach Resolutions 55-09 and 58-09. Resolution 55-09 (Exhibit A 1) established the Budget Review Committee, Resolution 58-09 (Exhibit A2) changed the name to the Financial Review Board. (Exhibit A3) 5850f735 Exhibit B: Research on financial oversight committees as prepared by the City's Legal Department. Exhibit C; City of Delray Beach, Budget Task Force Report, dated June 30. 2009. 5860f735 CITY OF DELRA Y BEACH BUDGET TASK FORCE REPORT .. ...... ~>. "'.,~7 , , > >;I>:~ .. . FINAL REPORT - JUNE 30. 2009 MISSION STATEMENT The mission of the Budget Task Foree is to provide a mechanism for members, working with the Director of Finance and staff per8ounel, to study the budget for Delray Beach to recommend if there are ways, both in the short-term and long-ternl, to enhance revenues or reduce expenses beyond what is currently being established. Committee Members Franklin Wheat- Chairman Howard EDingsworth- Vice Chairman Peter Arts Vmcent Dole Todd L'Berrou Alexander Simon Robert Moore James Smith (Alternate) Mark Denkler (Alternate) Steve Janssen (July, 2008) 5870f735 CITY OF DELRA Y BEACH, FLORIDA LIST OF PRINCIPAL OFFICIALS June 30, 2009 CITY COMMISSION Mayor ............................................................................... .......................W oodie McDuffie Vice- Mayor....................................... ...... ................................................. Gary Eliopoulos Deputy Vice-Mayor........ ...............................................................Bernard Mackenson Commissioner ..............................................................................................Fred B. Fetzer Commissioner ..............................................................................................Adam Frankel CITY STAFF City Manager...................... ............................ .......................... ...............David T. Harden City A ttorney ....................................................................................................B rian Shutt Assistant City Manager .....................................................................Robert A. Barcinski Assistant City Manager .........................................................................Douglas E. Smith City Clerk. ................................................. .................... .Chevelle D. Nubin Community Improvement Director............... ..............................Lula C. Butler Environmental Services Director...........................................Richard C. Hasko Finance Director ........................................................... ....Joseph M. Safford Fire Chief........................................... ................ .................. ..David James Human Resources Director...... ...... ...... ....... ... ......... ...................Bruce Koeser Parks and Recreation Director....................................................Linda Karch Planning & Zoning Director.... .......... .......... ...................... .........Paul Dorling Police Chief............................................. ........... ....... ..... .Anthony Strianese 2 5880f735 TABLE OF CONTENTS Pa2e No. List of Principal Officials....................................................................................2 Executive Summary Executive Summary............................................................................... 5 Observations/Recommendations......................................................... ....... 9 Projected Possible Impacts on Future Budgets.............................................. 12 Employee Suggestions............................................................................ 12 Other Recommendations........................................................................ 13 Budl!et Evaluation Recommendations for Increased Revenues s 1. Special Event Cost Reimbursements......................................................... 15 2. Employee Medical Plan Premium Contributions.......................................... 17 3. Hurricane Wilma- Insurance Recovery...................................................... 19 4. Rental Properties with Tax Exemptions..................................................... 21 S. Rental Properties with No Landlord Permit................................................ 22 6. Personal Use of Take-Home City Vehicles................................................... 23 Recommendations for Reduced Exuensess Waees and Benefits 1. Overtime Pay. ............................................................................... ...... 33 2. Car Allowance.............................................................................. ....... 41 3. Education Incentive Pay................................ ........................................ 43 4. Fair Labor Standards Act (FLSA) Time......................................... ........... 47 S. Tuition Reimbursement Program........................ ....... .... ..... .................... 49 6. Away With Pay (Comp Time).................................................................. 51 7. Mechanic Certification Bonus Pay........................................................... 56 8. Sick Leave Payout at Termination............................................................ 58 9. Vacation Leave Payout at Termination...................................................... 60 10. Retiree Health Insurance Fund (VEBA).................................................... 61 11. PolicelFire Pension Costs....................................................................... 63 Other Professional Services 1. Other Professional Services (Detail Breakdown)........................................... 67 2. Medical Professional Services .................................................................. 70 3. Shuttle Bus Service..... ........................................................................... 73 4. Vehicle WashingfDetailing.. .... ....... ... ..... '" ................. .... ........................ 76 5. Property/Casualty Broker Commissions............................................ 77e Other Contractual Services 1. Other Contractual Services (Detail Breakdown).......................................... 79 2. Hometown Connection Publication...... ....... ........ ....... ....... .... ...... ..... ........ 83 3. Tennis Stadium Operations..... ....... ..... ......... ....... ... ............... ... ............. 84 4. Tennis Center Operations....... ...... ... ............. ..... .... ......................... ...... 87 S. CreditlDebit Card Transaction Fees......................................................... 89 3 589 of 735 Travel & Traininl! Competition Events....................................................... ............................ 91 Special Events SPIRIT Program Costs......... ....... ...... ........ ... ............... .... ..... ....... ............... 94 Parks & Recreation College Tour Program Costs............................. .............. ..................... 96 Other City Commission Assi2nment Match Point Amendment No.2 Review (A TP Champions Tour Tennis Event)...... 97 4 5900f735 EXECUTIVE SUMMARY The Budget Task Force is pleased to present their final Budget Ta..<;k Force Report dated June 30, 2009. The Budget Task Force was created and appointed by the City Commission in January, 2008 to evaluate the City of Delray Beach budget as well as actual revenue and expenditure activity and make observations and recommendations to increase revenues, reduce expenses, or improve productivity and efficiency. The Budget Task Force is a seven (7) member citizen task force with two (2) alternate members, all appointed by the City Commission. Alternate members participate in all discussions but may vote only upon the absence of a regular committee member. This Task Force was supplemented with staff support from Joseph Safford (Finance Director), Lisa Hemnann (Budget Administrator), and Becky O'Connor (Treasurer) as well as other clerical support. The recording and preparation of meeting minutes, agendas and additional staff support was provided by Karen Schell (Pension Administrator). All agendas and minutes are posted on the City website. Meetings were initially bi-weekly meetings lasting approximately two (2) hours each meeting. This schedule was changed in July, 2008 to monthly meetings when the Budget Task Force original expiration date was changed from December, 2008 to July 31, 2009. The Budget Task Force reviewed the FY 2007-08 budget and the FY 2008-09 budget (Detail Budget) document as well as calendar year actual payroll statistics and the actual revenue and expenditure activity. The detail budget review consisted primarily of the departmental requests. In some cases the City Manager reduced the departmental requests but the details of these cuts were not disclosed in detail so the Budget Task Force analyzed the departmental requests as originally documented. The basic premise for the budget evaluation was "We want to increase revenues or reduce expenditures without reducinl! essential services performed bv the Citv". In addition, another premise was that "We want to consider what a fair and reasonable cost would be to our taxpavers". Costs beyond what are considered to be fair and reasonable would be questioned, analyzed and the Budget Task Force would provide observations and recommendations on these issues. It is important to realize that nothing illegal was found in the analysis. This was a study comparing written City policies to actual practice. What was found was that many exceptions to written policies were supported by internal memos from the City Manager and/or Department Heads. Some of these internal memos were issued many years ago. The Budl!et Task Force would recommend that any future exceptions to l!eneral written policies be documented and the policies be amended instead of relvinl! on outdated correspondence for the benefit of future reference. It is also important to realize that some benefit changes have been made to management employees as a reaction to benefits allowed to non-management positions through union 5 591 of735 agreement~. In order to avoid further compression between exempt and non-exempt employees pay amounts, several independent benefit adjustments were made without a written policy amendment. It should be noted that some of these benefits were approved in lieu of requested salary or salary range adjustments. Some management employees feel that if there is not sufficient distinct benefits in the management package to the point that no union or non-union employee would ever want to be promoted to these positions. It should also be pointed out that several decisions made by previous City Commissions have locked the City into significant long-term costs that, in most cases, cannot be reversed. The Budeet Task Force would recommend that a full cost-benefit analvsis be made on all lon2-term commitments prior to makin2 a final decision on the ~. ~e examples of these prior decisions are as follows: pe decision to execute a 25-year contract with Match Point dated October, 2005 for the ATP World Tour tennis tournament that will cost the City an estimated $2.0 million per year since this agreement has CPI escalation clauses each year. The total cost to Year 2030 is $39.7 million and this does not include the costs of the City departments in overtime and other costs. This is only the cost of the Match Point agreement. These costs have not been offset with any direct revenues to the General Fund from the event, sponsorships, or naming rights as of this date with the exception of a $500k contribution from the CRA in FY2008-09. The annual net cost of this event represents approximately 2% of the entire General Fund budget. ~e decision in March, 2004 to increase the service multiplier in the Police and Fire pension plan from a 3.0% multiplier to a 3.5% per year of service multiplier and the additional decision to have the City pay for the conversion of all past service for active employees to the 3.5%. In concert with the performance of the Police & Firefighter's Pension Plan, this resulted in a City cost of 37.03% of the payroll of Police and Fire employees just to fund their pension plan benefits. When added to other fringe benefits, the City is being required to fund over 60% of payroll to fund Police & Fire fringe benefits on an annual basis. In addition, in FY 2000, this PolicelFire pension plan had $-0- unfunded liabilities and now it has a $41 million unfunded liability that must be paid over the next 30 years. By comparison, the General Employees' Pension Plan has an unfunded liability of only $1.2 million. ~e decision to provide the Police take-home car program to remain competitive with the Palm Beach County Sheriffs program has cost the City millions of dollars in vehicle costs, vehicle law enforcement equipment costs, the cost of installing (in each vehicle) mobile digital tenninals, communications, insurance costs, maintenance and fuel costs and the impact of a required maintenance program for these vehicles .in our Fleet Maintenance Division. In addition, this significant increase in the number of t1eet vehicles on the road impacts the City's liability exposure and these vehicles must be replaced every 6-7 years. The City of Delray Beach is facing some significant and challenging issues in their current and future budgets from the following: a=itizens, vendors and customers impacted by the general economy, unemployment 6 592 of 735 ~tate-imposed tax reform legislation lIReferendum allowing additional property tax exemptions and portability of Save Our Homes and revenue caps ecreasing property market values as well as taxable values ortgage foreclosures and depressed neighborhoods and commercial vacancies esidential and commercial slowdown in construction and real estate sales eductions in State shared revenues (sales taxes. utility taxes, gasoline taxes, etc.) scalating fuel costs ncreasing costs for property insurance while number of insurance carriers are decreasing in the State that provide this coverage owngrading of municipal bond insurers and its impact on municipal interest rates ack of credit availability for municipal borrowing essure from labor unions for enhanced benefits sses in investment market values requiring additional City pension plan funding ncreasing health insurance costs ederal spending and impact on interest rates and value of the dollar Tax Reform Le2islation In order to comprehend the condition of the General Fund budget, it is important to recap the tax reform legislation which consists of the 2007 tax reform legislation and the 2008 tax reform voter referendum (Amendment I). 2007 Tax Reform Legislation In 2007, the State Legislature approved House Bill lB and Senate Bill 2B that required local governments to limit their operating millage property tax rates for FY 2007-08 to the same rates as were in place in FY 2006-07. These roll-back rates were then to be adjusted downward by an additional 3%, 5%, 7% or 9% based on a formula that reviewed the tax performance over the past 5 years. The City of Delray Beach was obligated to reduce their FY 2006-07 operating millage tax rate by an additional 9% in order to establish their FY 2007-08 rates. Our operating tax rate for FY 2006-07 was 6.86 and therefore our rollback rate for FY 2007-08 was 6.7527. With the 9% reduction, our operating millage tax rate was 6.1449. This resulted in a $4.6 million reduction in revenues in FY 2007-08 after adding back new construction and allowing for a 95% collection rate. The total millage tax rate (with debt service milla2e) went from 7.3000 in FY 2006-07 to 6.5783 in FY 2007-08 or a reduction of 9.16%. For future years (FY 2008-09 and beyond), a local government may not levy an operating tax rate that exceeds the roll-back rate (that rate that would derive the same property tax revenues as the prior year) increased by the annual increase in the Florida per capita personal income index without a super majority vote of the City Commission. The City of Delray Beach roll-back rate for FY 2008-09 adjusted by the 4.15% increase in the Florida personal income index would be 6.9997. However, Senate Bill 1588 passed earlier this year that required local governments to adjust the roll-back rate (as adjusted by the Florida personal income index) for the impact of the 2008 referendum. Therefore, the rate of 6.9997 after adjustment for Amendment I of the 2008 referendum would now become 6.9094 (Operating millage of 6.4490 and debt service millage of .4604). 7 593 of 735 2008 Tax Reform Voter Referendum The second year of tax reform was highlighted by the State putting a constitutional question on the ballot for voters on January 29, 2008. This Amendment I, as it is referred to, consisted of the following: Isave Our Homes exemptions become portable (up to $500,000) and can be moved to another homestead within the State of Florida ~e first $25,000 of tangible personal property is exempt 1H0mestead property owners will have an additional $25,000 homestead exemption on property that exceeds $50,000 in taxable assessed value (does not apply to school taxes) IAnnual increases to non-homestead properties (residential and commercial) assessed values cannot exceed 10% provided there is no change in ownership (does not apply to school taxes) Conclusion Following an in-depth analysis of several areas of the both revenue and expense budgets as well as actual activity, the Budget Task Force would present this final report that outlines observations and recommendations with estimated potential revenue enhancements or cost reductions. The City Commission has met with the Budget Task Force on two (2) different occasions with specific opinions and directions and therefore we have also displayed the current status of each of these recommendations. The members of the Budget Task Force recognize the benefits of analyzing, in detail, the revenues and expenses of the City. The assignment of the Budget Task Force tenninates June, 2009. We would therefore recommend that a more permanent Financial Review Committee be established to continue the efforts and achievements of the Budget Task Force. We would express our gratitude and recognition of the Finance Department staff and compliment them for their dedication and extensive research efforts, to their administrative staff for their time in the development of agendas and minutes of the meetings and posting of these materials to the City website, and for their numerous presentations to the Budget Task Force and the City Commission. We would also express our gratitude to the City Manager and members of the City Commission (past and present) for their cooperation and support of the Budget Task Force. 8 5940f735 OBSERV A TIONS/RECOMMENDA TIONS BEFORE REDUCING ESSENTIAL CITY SERVICES THE CITY COMMISSION SHOULD CONSIDER THE FOLLOWING: INCREASED REVENUES ESTIMATED AMOUNT SoeciaJ Events Cost Reimbursenlents- .City overtime costs. for First. Night event should be paid 100% from $12,000 coUectedrevenues or reServes of First Ni ht or ization SoeciaJ Events Cost Reimbursements- City departmental cost reimbursements from non-profit organizations $10,000 should be 75% instead of 65% Emplovee GrouP Health Plan Premiums (lIMO) Employees enrolled in the HMO health plan should be charged a premium per pay period in addition to their dependent family premiums. Actual was $336,969 $721.56 er ear for 467 em 10 Retiree Medical Premiums (Retiree Health TrUst Contributions) Police Department employees need to give up a 2% salary increase to Retiree Health Trost similar to Fife Department contributionS in exchange $211,38S for a Ci contribution of 3.3% to the VEBA Retiree Health Trost Hurricane Wilma;; Insurance Recoverv Additional i~urance claim filed based on fmal costs incurred against $461,231 Hurricane Wilma Rented Prouerties with Tax ExemDtions There were 493 rented properties receiving some form of tax exemptions which, if confirmed. will add $54.990,986 to the tax rolls $376,710 Rented Prouerties with No Landlord Permits . There were 1,085 rented properties found with no landlord permit on file. If $54,250 confrrmed. this would add $50 per property Take-Home Vehicles Employees would be charged an average .$60 per month fee for their personal commuting mileage costs from using take-home City vehicles.. Em 10 should be restricted to di-minimis nal useonl . TOTAL INCREASED REVENUE PROJECTIONS 9 5950f735 DECREASED EXPENSES Tafre..Home Vehicles- City take-home vehicles should be limited to either no personal use or di- minimis nal use on! . Overtime Pav- Eliminate double overtime pay and paid holiday time created by using "floatin holida" assi ents in Police ent Overtime Pav- Reduce overtime. costs by elimi~ating vacation and holiday time as time worked in the calculation of overtime a Union Time Pool- Develop the Union Time Pool in the FlI'e Department by taking 3 hours of accroedvacation. holid3y, or comp time from each employee at the beginning 'Of each year (not by using non-qualifying romp time in excess of allowableco time banks) .pension Investment Seminars Reduce the number of shifts allowed to be taken for investment seminars and not allow time off if a shift re lacement is uired for minimum mannin . Car Allowances- Reduce Car allowances by eliminating fixed montbly car allowances and pay 10 ees based on actual business mil e 001 . EducationPav- Reduce. eduCation pay by eliminating FU'e Department management supplemental education pay (hourly rate) for education that duplicates the State education su lemental . Education Pav- Eliminate duplicate education pay to Police employees by eliminating minimUm State required payment for Police education which duplicates the Ci su lemental education Education Pav- Reduce education pay by changing the hourly supplemental education rate in the Police Department to a fixed montblyamount so that all employees receive the same amount for a de ~- Reduce. overtime by eliminating the payment of overtime to. exempt em 10 ees that are alread receivin FLSA time Tuition ReimbUrsementPro2ram- Reduce 1be cost of the tuition~bursement program by eliminating Master's degrees and Doctorate degrees from the tuition reimbursement o that are not uired in their . ob . nons. Tuition Reimbursement Proeram- Reduce fringe benefit costs and pension costs by stopping the conversion of tUition reimbursement to comp time (which is eligible for pension) 10 596 of 735 ESTIMATED AMOUNT $48,000 $495,000 $335,346 $6,600 $50,000 $500 $28,950 $89,340 $0 $52,661 $63,501 $25,000 Mechanic ASE Certification Bonus Pav Change the certification pay to a fixed monthly amount instead of a $0 percentage of gross DaV to eliminate differences due to overtime Retiree Health Insurance Trust (VEDA) Change the City contribution to 2.0% instead of 3.3% since the City savings from fringe benefits was not realized and the payment should be fixed with $377,133 no annual increases. Medical Professional Fees Charge the costs of employee medical procedures done in the FIre Clinic to the Insurance Fund health insurance plan since this should be applied to $200,000 employee health insurance oremiums Shuttle Bus Service The Budget Task Force would recommend keeping the shuttle bus service at this time pending further analysis of the Congress A venue corridor project by Palm Beach County and further evaluation of shuttle performance over $0 the winter season. Vehicle WashitWDetaiIill2 Fire Department employees should wash/detail. their fIre trucks and City employees should wash/detail their take-home vehicles as part of responsibility for vehicle maintenance as opposed to using outside $12,000 contractors Hometown Connection Publication Limit the Hometown Connection publication to the Annual Report since it is duplicated by the News for Neighborhood publication which has a much $31,572 wider distribution Tennis Stadium Ooerations Given the opportunity, renegotiate the terms of the Match Point contractual agreement and conduct cost-benefit analysis on any future commitments of $0 this nature Tennis Center Ouerations $0 CreditlDebit Card Costs - Renegotiate credit/debit card transaction fees with credit card companies. $132,000 We are currently chanted several different rates de......A.....t upon location. Travel & Trainine (Conwetition Events) Eliminate all costs for competition events since these costs are not required $149,169 as Part of vrovidini; essential services to Delrav Beach residents Special Events (SPIRIT Proeram) Eliminate allcosts for the SPIRIT prognlm as these costs are conflicting with $47,180 pay freezes, lost matching funds and budget cuts PoIice/Fire Pension Plan Reduce the per year of service multiplier from 3.5% per year to 3.0% per year for all future service with no change to prior service benefits in order to $454,318 reduce the 60% fringe benefit factor on police and fire salaries 11 5970f735 Insurance Broker Commissions Issue an RFP to rebid insurance broker commissions since the contract has ex ired. $175,000 TOTAL DECREASED EXPENSE PROJECTIONS $2,773,270 TOTAL PROJECTED CURRENT BUDGET IMPACTS $4,343,815 (PROJECTED POSSffiLE IMPACTS ON FUTURE BUDGETS) Recommendation A wav with Pav (CompTime)- Reduce future pension costs or improve productivity by eljminating camp time from the calculation of pension benefits since comp time is rimaril .overtime and net re ar a . Sick Leave Pavout at Termination- Reduce future payments of excess sick leave by capping the maximum. haurs that can be~accumulatedtO 1,120 non-shift emplayees and 1,344 fer Fire shift em Ie ees Vacation Leave Pavout at Termination- Agreements should state that vacati.on leave pay.out and is nat eli'hle far nsi.on calculations Amount $474,188 $118,201 $..0- $592,389 EMPLOYEE SUGGESTIONS The Budget Task Force has received numerous contacts from individual employees with suggestians an increasing revenues .or reducing expenses. These recammendatians can be shawn as fallaws: 1. Cansider using auctian vehicles for Police valunteers instead .of leasing new vehicles City Manager respanse (September 8th memo to City Commission) is that this has been tried in the past and the maintenance casts far the older vehicles generally exceeded the cost of the lease. Therefare, this would not be recommended. No further action is reauired. 2. Can sider having lacal auctian instead .of using Palm Beach County and using one flaar .of the new Old School Square parking garage as a staging area. City Manager response (September 8th mema to City Commission) is that we do not 12 5980f735 have the personnel to properly stage and secure this area. Therefore, this would not be recommended. No further action is reQuired. 3. Consider using an on-line auction site for auctioning our vehicles and other equipment. Police cars, for example, could be auctioned to other Police departments and we would not have to strip the car of back seat replacement, prisoner cages. and lights and sirens since they could be used by other Police departments. In addition, buyer would pick-up the vehicle and thus save the travel time to and from the Palm Beach County auction site for multiple employees. City Manager response (September 8th memo to City Commission) was that the City would implement this suggestion to determine if this is more profitable than using the Palm Beach County auction. An al!reement with GovDeals.com was approved on the October 21. 2008 al!enda. 4. Fax all confirming purchase orders over $ I ,000 instead of mailing to vendors. City Manager response (September 8th memo to City Commission) stated that this recommendation has already been implemented. No further action is reQuired. 5. Print in-house change orders only on regular paper and attach to original purchase order instead of printing change order on pre-printed purchase order forms. City Manager response (September 8th memo to City Commission) stated that this recommendation has already been implemented. No further action is reQuired. 6. The Finance Department is currently reviewing the possibility of automating the vendor payments in Accounts Payable by utilizing VISA credit card payments which will result in rebates back to the City from Commerce Bank. The current estimate is an annual rebate of $181,000. In addition, vendor invoicing will be through e-mail submissions. These savings do not include the savings generated from reduced mailing costs, reduced envelopes, or improved noat on cash payments to vendors. (June, 2009) OTHER RECOMMENDA nONS The City should adopt a policy that, at the end of an expiring contract, the City should issue an RFP and seek alternative pricing to ensure the City is paying the lowest current equitable market rates as opposed to extending the contracts to the existing vendor. (October, 2008) The City should entertain the recommendation to develop a Finance Review Committee to review long-term cost proposals in order to provide recommendations to the City Commission so that they may make informed decisions on the basis of a cost-benefit analysis, research and intensive negotiations with the vendor. In addition, this Committee, consisting of staff and citizen appointees, would also continue cost-saving studies and revenue generating studies to benefit the City as previously conducted by the Budget Task Force. 13 5990f735 RECOMMENDATIONS FOR INCREASED REVENUES 14 6000f735 SPECIAL EVENTS COST REIMBURSEMENT Back2round: City Sponsored Events There are eight (8) City sponsored/produced events where the City absorbs all City overtime costs and the following: IIchris Evert Charity Tennis Tournament (Host site fees $42,400 + other costs = $50,000+ costs to the City) lurkey Trot (costs other than overtime paid by Parks & Recreation department) hristmas Tree Lighting ($25,000 City contribution + overtime costs) oliday Parade (City contributes $1,500 + overtime costs) irst Night (Costs other than overtime covered by revenues) TC Tennis Tournament (Annual City costs of $978,333 in addition to overtime) in accordance with contract expiring in June, 2030. This is a 9 day event. IPlayers International Tennis Tournament (Host site fees $ I 52,000 per year +CPI) There are four (4) five day USTA sanctioned youth tournaments per year per the contract expiring September 30,2012 IIFourth of July Fireworks Display (City contribution $40,000 + overtime costs) Old School Square and DMC Events Old School Square and DMC events have the first $1,000 no charge then they pay 35% of other City costs excluding regular time. Privately Produced Events Howard Alan Art Show- pays 100% of all City costs to include overtime and fringe benefits Non-Profit Orl!anizations Not Incorporated in City of Dekay Beach Asian Food Festival- pays 100% of all City costs to include overtime and fringe benefits Non-Profit Or2anizations Incorporated in City of Delray Beach First $ 1 ,000 of City costs waived, sponsor pays 65 % of balance of City costs Recommendation No.1 The Budget Task Force recommends that City overtime costs for First Night ($32.459) be paid from revenues collected from this event or from $52,250 reserves Estimated Potential Savin2s- $12.000 Follow-up Actions The City Manager addressed this issue in a memorandum to the City Commission dated September 8, 2008 and he concluded that First Night would pay $7,000 this year for this event with the expectation that this would increase in the future. 15 601 of735 The Assistant City Manager, in an e-mail dated February 10, 2009 announced the First Night Committee would be transferring $12,000. No further follow UP action is reauired. Recommendation No.2 Reimbursements from non-profit organizations incorporated in the City should pay 75% of costs instead of 65%. Estimated Potential Savine:s- $10,000 Follow-up Actions: The City Manager addressed this issue in a memorandum to the City Commission dated September 8, 2008 and he informed the Commission that Staff would review this item and make recommendations back to the City Commission. Assistant City Manager, Bob Barcinski, issued a memorandum dated February 20, 2009 presenting the City Manager with his analysis of the impact of this decision. No further follow UP action is reauired. ]6 6020f735 EMPLOYEE MEDICAL PLAN PREMIUM CONTRIBUTIONS Reference: IAFF Union Agreement- Article 19 Health Insurance NCF&O Union Agreement- Article 12 Health Insurance IAFF Union Agreement (Lifeguards) - Article 19 Health Insurance PBA Union Agreement- Article I I Hospitalization Insurance EB-3 Enrollment in City Group Health Plan- Administrative Policy Manual Back2round: The present policy of the City and past practice has been to have the City cover 100% of the cost of HMO medical premiums for the active employee and the employees cover the cost of any dependent coverage premiums. Retirees and COBRA employees pay 100% of their entire premi urns. The City presently pays $460.93 per month for an active employee on the HMO plan and the employee pays $-0-. In the POS plan, the City pays $564.40 and the employee pays $29.71 per month. In the PPO plan, the City pays $671.68 and the employee pays $167.92. The City presently pays 77 .05% of the total costs of the health plan. Observations: The City has been paying 100% of the monthly premium for active HMO employees which represent over 87% of our medical plan enrollment units. In addition, over 50% of these employees have been taking annual physicals at the Fire clinic where the City also pays for 100% of the clinic costs. The employees pay no office visit or co-pay payments for this service. The City contributes 3.3% of active Police and Fire base pay to their Retiree Health Trust in addition to the City costs of the health plan. Payments from the Trust can be used to offset medical premiums and costs on a tax-free basis for Police and Fire retirees. Fire Department employees gave up a 2% wage increase to receive this 3.3% deposit to the Trust. The Police Department employees did not give up a 2% raise in exchange for receiving their 3.3% deposit to the Trust. The difference between the 2% wage given up and the 3.3% deposit was the estimated payroll tax savings to the City. This benefit was negotiated in union contracts. Per State statutes, the City is also required to pay 100% of the costs of any heart or lung disorder for Police and Fire employees under worker's compensation with no cost to the employee. This is called the "presumption law" and is an example of State unfunded mandates which have cost the City millions of dollars in the past. Recommendation: The City should consider charging a minimum of $10.00 per pay for HMO employee medical premiums. This would involve negotiating this change with all unions. 17 6030f735 Estimated Potential Revenues: $10.00 per pay x 26 pays x 680 employee units = $176.800 Follow-up Actions: The City Manager addressed this recommendation in a memo to the City Commission dated September 8, 2008 where he solicited the City Commission direction as to whether this should be included in current contract negotiations. The City Commission directed that a survey be done of other entities within Palm Beach County. The Human Resources Department conducted a survey of other entities (October, 2008). The comprehensive survey was recently completed by Gallagher Bassett of multiple employee benefits and was presented to the City Commission in February, 2009. In the health insurance renewal (Plan Year starting June 1,2009), the City developed a structure that included a "Core HMO" at no cost to the employee and a "Buy-Up HMO" plan where the employee was charged $60.13 per month or $721.56 per year. There are 467 employee units in the new "Buy-Up HMO" plan at this time. Proiected Increase in Revenues: For the 467 emplovee units in this Buy-Up HMO. the employee contribution would equate to increased revenues of 467 x $721.56 annuallv or a total of $336.969. Recommendation No.2 The City should consider the inequity in the Retiree Health Trust in that the Fire Department union gave up a 2% wage increase in order to receive their 3.3% contribution to the Trust and the Police Department union did not give up any wage increase. It would be recommended that either the Police union contract be negotiated to allow for a 2% wage deduction (contribution) or the 3.3% City contribution for Police retirees to the Trust should cease. Proiected Increase in Revenues: Police Operations salary budget of $10.569.250 x 2 % = $211.385 18 6040f735 HURRICANE WILMA- INSURANCE RECOVERY Fire Station No.4 Insurance Recoverv Fire Station No.4 was recently tom down and reconstructed at a cost of $2.7 million using borrowed funds. An external (third party) engineering report was authorized and issued evaluating the building for Hurricane Wilma damage and an assessment was made comparing rehabilitating the building or reconstructing a completely new building. The value of the old 1981 structure was listed on the insurance policy Statement of Values as $302,000. According to building codes, If the cost of the proposed rehabilitation exceeded 50% of the value of the old building, the building code requires that the entire building must be brought up to current codes (electrical, plumbing, structural, ADA, etc.). With the hurricane damages to the bay doors, roof, trusses, mold and mildew damage, costs should easily have exceeded this amount. We therefore feel that the decision to construct a new building was possibly an insurable event. The entire amount of $2.7 million has been turned in as a claim to our insurance carriers. Other Hurricane Wilma Insurance Claims The original insurance claims due to Hurricane Wilma were based on some final costs and some projected costs. We have now prepared a listing of all claims based upon actual costs. We therefore are claiming additional revenues of $966,000 from our insurance carrier. This amount, once finalized, will have to be reconciled with FEMA and some portion may be due back to FEMA. Follow-up Actions A meeting has been set up with the insurance broker (Arthur J. Gallagher) on January 8, 2009 A second meeting with Liberty Mutual and our insurance broker was held February 18, 2009. We provided the carrier with building plans of Fire Station No.4 (original building and new building) and discussed the engineering report issued on this building. It was determined at this meeting that Liberty Mutual would only be responsible for $1.0 million of this claim and other carriers should be notified of this claim since they would be responsible for the remainder of the claim. A third meeting was held with all involved insurance carriers on April 23, 2009. At this meeting it was determined that insurance would not pay for the replacement of Fire Station NO.4 but that hurricane repairs would be paid for. There were several reasons for this position but primarily it was determined that the hurricane damage was minimal and would not justify full replacement of the building. In addition, the insurance policy excluded the code upgrades. The remainder of the insurance claim not related to Fire Station No.4 was to be reviewed in detail by a forensic accounting firm. 19 605 of 735 The detailed information requested by the forensic accounting firm was prepared and delivered to the accounting firm of Matson, Driscoll and Damico on May 4, 2009. The final document review was held with the insurance carrier on June 8-9, 2009. We received notice on June 25. 2009 that the City of Delray Beach is to receive $461,231 in additional insurance payments for this supplemental claim. The final Policy Release form has been executed and the funds should be forwarded in 5-10 business days according to Liberty Mutual. Since the Finance Department has already reserved $893,923 as the estimated reimbursement to FEMA and the latest actual estimate is $600,000, the $461,23 I is to be considered revenue since it would not have to reimburse this amount to FEMA. FEMA officials should be here in the City starting mid-July for the final project closeout process. Proiected Increase in Revenues- $461.231 20 606 of 735 RENTAL PROPERTIES WITH TAX EXEMPTIONS Backe:round The Budget Task Force has conducted an evaluation of all rental properties in the City of Delray Beach to determine if the taxable assessed values of these properties are correct. The taxable assessed values of these properties should not include any homestead and "Save Our Homes" exemptions since they are not the primary residence of the property owners since they are being rented. Broward County Property Appraiser conducted a similar evaluation and completed the City of Sunrise which uncovered over 200 properties that were not properly classified and the end result added over $23 million to the taxable tax rolls within the City of Sunrise. Status We have contacted Utility Customer Service (utility billing function) and Code Enforcement (landlord permit function) in order to develop a listing of rented properties in the City that we are aware of. In addition, we contacted the Palm Beach County Property Appraiser's Office to establish a contact person for this project. We were put in contact with Mr. Jose Montane (355-1704) and his supervisor, Mr. Pat Poston (355- 2647). An evaluation of approximately 1.500 properties listed in the Landlord Permit File was completed by comparing each of these properties with the Palm Beach County Property Appraiser files. A worksheet was prepared listing all properties that continue to receive either homestead exemptions or Save Our Homes exemptions or both. The worksheet consisted of the property control number (PCN), address, the number of units, the market value, the taxable value, the non-taxed value, the utility customer identification number (for future backup reference), name of the tenant and the date the tenant initiated their utility account. This initial listing resulted in 223 properties that were labeled as rented and that continue to receive tax exemPtions. If this is confirmed by the Property Appraiser, this would add $23,782,562 to the taxable property tax rolls which would add $610,023 in additional property taxes to taxing entities of Palm Beach County, the Palm Beach County School Board, other taxing districts and the City (25.65 mils). The direct impact on the City of Delray Beach would be $162,920 in additional property taxes at the current millage rate (6.8504 mils). Copies of this analysis along with copies of the Landlord Permit files were forwarded to the Palm Beach County Property Appraiser for further review and follow-up. The Property Appraiser has the authority to go back 10 years to collect back tax amounts due. Estimated Impact on Revenues: $162.920 (Propertv Taxes) The second evaluation of rented properties involved the Utilities Customer Service utility billing files. All customer accounts are classified as either "Owner" or "Tenant". We prepared a listing of all the tenant tiles (approximately 2,500 customers). A worksheet was prepared after comparing the tenant property to the Property Appraiser files to 21 6070f735 determine if the rental properties continued to receive homestead and Save Our Homes exemptions. The worksheet included the PCN, address, number of units, market value, taxable value, the non-taxed value, the customer identification number, the tenant name and the date the tenant account was initiated This worksheet contained 270 properties that were (l) not on the Landlord Permit files and (2) received homestead and Save Our Homes exemptions. If confirmed by the Property Appraiser, these 270 properties would generate $3 I ,208,424 in additional taxable values which equates to $800,496 in additional tax revenues (Palm Beach County, School District, and the City of Delray Beach). The direct impact on the City of Delray Beach would be $213,790. In addition, these 270 properties have not filed for Landlord Permits ($50 each). Copies of this detail were forwarded to the Property Appraiser for further verification and disposition. Copies of this file were also sent to Community Improvement Department for follow-up on the filing for landlord permits. Estimated Impact on Revenues: $213.790 (Propertv Taxes) Proiected Total Increase in Revenues: $376.710 The third evaluation was to list all the rented properties that were taxed properly on their full market value (no exemptions) but had failed to file for Landlord Permits. A worksheet was prepared listing these properties with the PCN, address of the property, number of units, owner name and tenant name. This resulted in 8 I 5 properties that had not filed for landlord permits ($50 each). Copies of this detail and the worksheet were turned over to Community Improvement Department to follow-up the filing of the landlord permits. In addition to the 270 properties found on the Utility Billing files that had exemptions but did not have landlord permits, the total properties without landlord permits were 1,085. At $50 per permit, this would represent $54,250 in additional landlord permit revenues. The Community Improvement Department has the ability to assess triple fees for the owners not filing landlord pelmits. Estimated Imoact on Revenues: $54.250 (Landlord Permits) Follow-uo Status: The Property Appraiser's Office (Pat Poston) informed this office in June, 2009 that the letters denying homestead had been sent out for properties they confirmed were rented. These property owners have until September, 2009 to challenge these findings. A full accounting of their final disposition will be forwarded to the City following this appeal period (September, 2009). The Community Improvement Department reports that many owners have submitted applications for landlord permits following the study. A full accounting of this will be developed at a later date. 22 6080f735 PERSONAL USE OF TAKE- HOME CITY VEHICLES Reference: Internal Revenue Code Section 1.61.21 Taxation of Fringe Benefits Administrative Policy Manual- GA-4 Vehicle Use Policy Survey of Other Palm Beach County Entities General Rule IRS Regulations generally consider working condition fringe benefits as taxable to the employee unless specifically exempted. An employer provided vehicle which is totally used for business (personal use prohibited) is exempted and is not taxable to an employee. This vehicle must remain on City property and not be used for commuting. An employer provided vehicle used partly for business and partly for personal commuting use is a working condition fringe benefit. erified business use of this vehicle is not taxable to the employee ersonaI use is taxable to the em 10 ee as wa es ommutin to and from an em 10 ee's residence and work is ersonal use as well as anv other personal use of the vehicle Substantiation Reauirements A record of business and personal milea2e is reauired in order to verify business vs. personal use. If the employee does not provide this record, the value of all vehicle use is taxable to the employee as wages and the employee can then deduct business use on Form 1040 at year-end. If the employee does provide a record. only the personal mileage is taxable as wages to the employee. Personal Use Cost (1) $1.50 each one-way commute (normally $3.00 per day or $780 per year) if the followin conditions are met: ehicle is owned or leased by employer ehicle provided to employee for business use mployer requires the emplovee to commute in the vehicle for a valid noo- compensatorv business reason Employer has a written policy prohibiting personal use other than commuting mployee does not use the vehicle for other than de minimis personal use mployer reasonably believes that the employee does not use the vehicle for other than commuting and de minimis personal use (2) FMV of leasing this vehicle plus fuel, maintenance, and insurance multiplied by the percentage of personal use. Qualified Non-Personal Use Vehicles 23 609 of 735 The IRS regulations allow for certain PolicelFire vehicles to be exempted from the general requirements of being taxed for commuting mileage if the following conditions are met: It=learlv marked police or fire vehicles required to be used for commuting (painted insignia or words, marked license plate not valid) nmarked Police car used for law enforcement u ose m 10 ee must be on call at all times ny personal use by police officer outside of his jurisdiction for arrest powers must be strictly prohibited IAny personal use by firefighter outside of his obligation to respond to an emergency must be strictly prohibited .pecialty utility truck (not including pickup truck) on call and used to restore utility services is also allowed Clean and Safe Pro2ram Unit The Clean and Safe Program has one (I ) take-home vehicle which is a Ford F-150 pickup truck and the employee lives in Delray Beach. No mileage log is kept to our knowledge. This program is responsible for the cleaning of the downtown area and is accomplished at odd hours when the Garage and the Public Works complex are closed and the gates are locked. This is a supervisor position and the vehicle is clearly marked. Observation This vehicle does not qualify as an emergency vehicle, is not a specialty utility truck, is not on call, yet the vehicle is required to be taken home due to the schedule that this truck and crew work (valid non-compensatory reason). Therefore, it would appear that the employee should be taxed on $3.00 per day for the commuting cost. % Personal Commuting Use 12.93% Daily Round-Trip Miles To Home 3.0 Home Location Delra Beach Recommendation: This vehicle could be maintained at the Public Works complex and the employee could be given a gate opener similar to the one given to on-call employees. This would eliminate all personal commuting mileage and costs. As an alternative, the employee should be taxed $3.00 per day for commuting cost and the employee must keep a mileage log so that the City has verifiable business and personal use mileage. Community Improvement Units Community Improvement Administration has five (5) take-home vehicles. These vehicles are not emergency on-call vehicles and are not clearly marked. All of these 24 6100f735 individuals are taxed for their personal mileage ($3.00 per day). No mileage logs are kept. Observation Since these vehicles are not emergency vehicles, are not on-call, and are not clearly marked, they appear to be authorized for take-home use for compensatory reasons and not for a valid non-compensatory business purpose. In addition, no mileage logs are kept and therefore business vs. personal mileage cannot be confirmed. If this is so, the IRS states that the $3.00 per day tax calculation method is not authorized and the individuals should be charged and taxed the full cost of the vehicle including annual lease cost and 5.5cents per mile for all mileage. It would then be up to the individuals to report the deduction for the business portion of those costs on their Form 1040 at year end. % Personal Commuting Use 26.49% 72.09% 15.01% 48.93% 46.19% Daily Round-Trip Miles To Home 5.4 19.2 5.2 23.8 19.6 De1ra Bo ton Beach DelTa Beach Lake Worth Palm Beach Ford Taurus Chevrolet Cavalier Chevrolet Cavalier Chevrolet Cavalier Recommendation Vehicles that do not qualify as take-home vehicles should not be used for commuting. The $3.00 per day tax for mileage does not qualify since the vehicles do not qualify as acceptable take-home vehicles. The employees should be charged the full cost of the vehicle and report their business vs. personal costs on their tax forms at year-end. As an alternative, these individuals could be given compensatory car allowance and the vehicles would be stored at the City and used as pool vehicles for this department. Fire DeDartment Units In a memorandum dated August 20. 200 I, the Fire Chief directed that all management emplovees be authorized personal use of staff vehicles for employees that live in Palm Beach and Broward County effective October 1, 2001. This memorandum conflicts with IRS regulations that state that personal use other than commuting must be prohibited. The IRS allows for the commuting use of fire vehicles if the following restrictions are met: "ire vehicle, for non-compensatory business reasons must be required to be used for commuting ehicle must be on call at all times ire vehicle must be clearly marked ersonal use outside the limit of the firefi hters oblioation to res ond to an emergency must be prohibited 25 611 of735 ~e employer reasonably believes that the employee does not use the vehicle for personal use other than de minimis personal use. The Fire Department has emergency vehicles in 6 fire stations located throughout the City and Highland Beach capable of responding immediately to either fire or medical emergencies within minutes of a 911 call. The Budget Task Force questions the need for take-home vehicles for the Fire Department on a full-time basis with the exception of the Fire Chief who, by policy, is authorized a take-home vehicle. They question the need for three unmarked take-home Ford Expeditions for the Assistant Fire Chiefs that are on duty at the same time and in the same building. They would also question why one Battalion Chief would have a required take-home vehicle and not all three since they are all shift commanders with identical job descriptions. Why would one Fire Lieutenant (who lives furthest away from the City) have a required take-home vehicle when four other Fire Lieutenants (who live within the City or nearby cities) do not have vehicles when they have a 30-minute response time requirement? Why would a Paramedic Lieutenant be required to take home a Dodge Quad Cab 4x4 who lives in Tequesta? Why would a Paramedic Lieutenant take home a Ford El50 Club Wagon living in Lake Worth? If these are emergency vehicles they should be available to shift personnel on duty. Are these employees actually on-call? How often are they actually called in for emergencies? There have been numerous comments on the constant use of fire pumper trucks and even ladder trucks for transport of Fire Department personnel to minor medical calls, traffic accidents, or other events unrelated to fire calls or special needs (extrication equipment, etc.). If some of these take-home vehicles were available for shift use, could they be used for transport of personnel to reduce the mileage on the larger vehicles? The mileage on the larger Fire apparatus trucks can be shown as follows (June 2007-June 2008 records): Miles 8,506 2,533. 9,828 11,409 5,954 10,546 7,062 New 3,356 6,454 6,533 72,181 Gallons 2,849.2 1,306.6 4,388.3 4,132.7 1,728.7 3,996.1 1,789.6 New 1,009.4 l,854A 1;949.3 25,004.3 There are 15 Fire Depm1ment take-home vehicles. Three (3) vehicles are not marked (IRS requirement) which allows for questionable personal use. Several vehicles are 26 6120f735 outside of the area where they could reasonably be obligated or expected to respond to an emergency (Sunrise, Tequesta, Stuart for example) which is also an IRS requirement.. % Personal Commuting . Use 84.89% . 81.87% 66.28% Home LocatiOn Ford nod Ford Ex fordE Ford Crown Victoria Ford Taurus Ford Police Inte tor Chevrolet Tahoe 50.00% 45.62% 43.39% 34.43% 25.87% 24.02% 20.61% 16.82% 7.15% On avera!!e. 44.09% of the miles put on these Fire take-home vehicles are for personal commutin!! use. It should be noted that we calculated personal mileage by doing a MapQuest to the employee's residence. Other personal mileage may have been used and these percentages could be higher. Police Department Units Reference: PBA Union Agreement (Article No. 40 Take Home Vehicle Plan) The union agreement Article No. 40 allows for non-probationary officers that live in either Palm Beach or Broward County to have a take-home vehicle. This benefit was given to offset the policy of other entities that allowed take-home vehicles and to enhance the presence of police patrol units. The policy states that Officers living outside a 15- mile distance from the City of Delray Beach limits must be charged $15 per pay ($1.50 per normal workday) for their commuting personal use. In addition, internal Police Department procedures were to be prepared to define the policies and procedures regarding take-home vehicles. Observations: There are 113 take-home vehicles in the Police Department at this time. 117 vehicles have over 80% of their total use commuting (personal mileage), 20% or less business use 27 613 of735 Is vehicles have between 70% and 80% of their total use commuting, 20% - 30% business use . vehicles have between 60% and 70% of their total use commuting, 30% - 40% business use 119 vehicles have between 50% and 60% of their total use commuting. 40% - 50% business use 114 vehicles have between 40% and 50% of their total use commuting, 50% - 60% business use 119 vehicles have between 30% and 40% of their total use commuting, 60% - 70% business use 120 vehicles have between 20% and 30% of their total use commuting, 70% - 80% business use 120 vehicles have between 10% and 20% of their total use commuting, 80% - 90% business use 113 vehicles have between 0% and 10% of their total use commuting, 90% - 100% business use There are currently 28 employees with take-home vehicles that exceed the 15 mile limit. Of these there are only 7 employees that pay the $15.00 per pay period. The IS-mile limit was measured from the Police station to the employee's home and the policy reads from City limits and therefore some of these units would qualify for the IS-mile limit. Police Department Percentage of Commuting Miles to Total Miles Overall. 39.33% of all Police take-home vehicle use is for commutin2 onlv. 28 6140f735 There are nine (9) Citizens on Patrol (COP) vehicles leased by the Police Department. They are 2005 Honda Civic sedans (1545-1553) costing $273.90 each per month or $3,286.80 per year. Therefore, the total annual lease cost would be $29,581.20. These leases were recently renewed in 2008. There are five (5) volunteer Toyota Camry vehicles (l540-1544)leased by the Police Department from Southeast Toyota costing $295.00 per month for an annual lease cost of $17,700.00. These leases were recently renewed in 2008. Parks and Recreation Department Units There are nine (9) take-home vehicles in this department. Two units are in Administration, one unit is in Ocean Rescue and six units in Parks Maintenance. All of these take-home vehicles are for supervisor positions. None of these vehicles are emergency vehicles. Several units are unmarked. All of the take-home vehicles in Parks Maintenance are F-150 pickup trucks which are not recognized by the IRS as eligible vehicles. The Budget Task Force would question the need for any of these vehicles to be allowed as take-home vehicles. In particular, why would the Supervisor of Ocean Rescue need to have a Dodge Dakota 4x4 as a required take-home vehicle? If any of the Parks Maintenance vehicles were on call, they could be issued a gate opener and retrieve their vehicle from the Public Works complex if needed. Recommendations The Budget Task Force would recommend that the City conduct an in-depth survey to review all take-home vehicles, justify the reasoning for the take-home use, review the "clearly marked" vehicles vs. the unmarked vehicles, review the location ofthe employee residence, determine if the take-home vehicle is for compensatory or non-compensatory reasons, question the actual number of recalls and emergency responses, determine if on- eall employees could simply be issued a gate opener and retrieve their vehicle from the Public Works compound, and compare this data with IRS regulations in order to determine exactly how many units are truly justified and required to be taken home and used for commuting purposes. Those units required to be taken home should be charged accordingly. Those not needed should be used exclusively for business purposes, eliminated from the vehicle inventory or used as pool vehicles. Take-Home Vehicle Policv- Other Cities Boca Raton ~ Departrnent- $-0- charge to employee living within City limits and $20 per month charge to employee living outside City limits lIoepartment Heads receive either a take-home vehicle or a car allowance between $75 per month to $350 per month dependent upon their pay grade 1N0 other City take-home vehicles 29 6150f735 ~ ~olice Department- must live within 20 miles of City limits. Those living outside 20-mile limit will be issued a pool car but may not take vehicle home ~ ~olice Department- sworn officers are allowed take-home cars. All officers pay the City $50 per pay period. Officers that live within 5 miles of City may use car for personal use. Officers outside 5 miles may not use car for personal use. There is no limit on commuting mileage. lILimited take-home vehicles for other than Police Department Palm Beach Gardens ~olice Department- officer must Jive within 30 miles of City limits. Officers pay $5 per mile outside of City limits per month (example: officer lives 30 miles outside City would pay $150 per month). Officers are expected to clean, vacuum, and wash their vehicles 0-5.0 miles from City $25 per month ($12.50 per pay) 5.1-10 miles $50 per month ($25.00 per pay) 10.1-15 miles $75 per month ($37.50 per pay) 15.1-20 miles $100 per month ($50.00 per pay) 20.1-25 miles $125 per month ($62.50 per pay) 25.1-30 miles $150 per month $75.00 per pay) 30.1 + miles- No take home vehicle Wellin on o Police Department- contract with the Sheriff's Department 11 other take-home vehicles in accordance with IRS guidelines ($3.00 per day or $30 per pay period). Mileage logs must be kept. uno Beach olice Department- officer must live within 30 miles of City limits. Officers pay the following: 0-10 miles from City $10 per pay (one-way commute) or $20 10.1-20 miles $25 per pay (one-way commute) or $50 20.1-30 miles $35 per pay (one-way commute) or $70 30.1 + miles with City Manager approval only - cost to be determined Lake Worth ~ Department- officer must reside within City limits Lantana --.;3.00 per day for all non-Police vehicles plus $50 flat rate per pay period for all take-home vehicles Palm Beach ~ice, Fire, General employees have take-home vehicles 30 6160f735 lIcity Manager and Department Heads have option for $400 per month car allowance or take-home vehicle Palm Beach County Sherifrs De artment worn officers pay $25.00 per pay period for off-duty usage ivilian employees pay $10.00 per pay period plus $3 per day IRS tax Palm Beach Coun Fire De artment n no case will a take-home assignment be made as a benefit of employment or convenience to the individual IlEmployee must be on-call. On call means that the employee is in the area, can be contacted at a specific telephone number, and will respond immediately. The willingness to respond if contacted does not constitute an on-call status. Ionly employees living in Palm Beach County qualify for take-home vehicles lM:ileage logs must be maintained for all vehicles except for IAFF agreement approved vehicles authorized for full-time take home vehicles 1L0gs of all call-ins required lPersonal use is prohibited. No family or relatives, friends, or co-workers may be transported for off-duty, non-business use. Accidents during non-authorized use will not be covered by County insurance and are the responsibility of the employee Follow-up Actions: The Police Department has resolved their sworn officers' take-home vehicle issues. They have decided to limit their take-home vehicle personal use to di minimis use in accordance with IRS guidelines. This essentially means that these officers will not be taxed on their personal use to and from their residence as long as their residence is within their law enforcement jurisdiction. The Fire Department has decided to mark all their vehicles and have issued option letters to their senior staff. These option letters have been executed and these officers will be taxed according to their selection. Some officers will be required to submit monthly mileage logs. Recommendation: The City of Delray Beach should charge the employees with City take-home vehicles for their personal mileage $3.00 per day ($60.00 per month) to reimburse the actual cost to the City for personal commuting mileage. With approximately 150 take-home vehicles, this would be $108,000 per year. Proiected Revenue Increase: $108.000 Proiected Cost Decrease $48.000 31 6170f735 RECOMMENDA TIONS TO REDUCE EXPENSES 32 6180f735 OVERTIME PAY References: Human Resources Policy Manual- Overtime/Compensatory Time Classification and Pay Plan IAFF Collective Bargaining Agreement PBA Collective Bargaining Agreement NCFO Collective Bargaining Agreement Memorandum from Finance Director dated October 25, 1994 Backl!round: Non-union employees are covered by the Human Resources Policy Manual and their pay is shown in the Classification and Pay Plan. The pay plan identifies employees that receive overtime (non-exempt) and those that do not receive overtime (exempt). The policy manual stipulates that vacation time and holiday time will be considered time worked for the computation of overtime. The manual also states that exempt employees are not eli~ble for overtime or compensatory time. There can be an exception for extraordinary conditions. In the Fire Department union contract, vacation time and holidays are recognized as time worked for the computation of overtime. Overtime is calculated based on a 21-day work cycle (overtime paid after 144 hours) for shift personnel and a 40-hour week for non-shift personnel. Union business may be conducted by swapping shifts with no overtime allowed for union business. Only union officials or their designees may take time from the Time Pool and no overtime shall be paid for use of the Time Pool. The Time Pool is established from the donation of personal holiday, vacation time or compensatory time from bargaining unit members. Leave of absence with pay shall not be considered as time worked for the computation of overtime. Leave of absence with pay for City business shall be considered as time worked for the computation of overtime In the Police Department union contract, vacation time and holidays are recognized as time worked for the computation of overtime. Overtime is calculated based on an 80- hour bi-weekly pay period for all full time employees. Union business may be conducted by swapping shifts with no overtime allowed for union business. Only union officials or their designees may take time from the Time Pool and no overtime shall be paid for use of the Time Pool. The Time Pool is established each October by each bargaining unit member donating three (3) hours of vacation, holiday, or compensation time (this was confirmed by the Payroll Administrator). Leave of absence with pay shall not be considered as time worked for the computation of overtime. Leave of absence with pay for City required training sessions shall be considered as time worked for the computation of overtime. In the other departments (NCFO union), vacation time and holidays are recognized as time worked for the computation of overtime. Overtime is calculated based on a 40-hour workweek (7 days) after which overtime shall be paid. Leave of absence with pay shall not be considered as time worked for the computation of overtime. Leave of absence 33 6190f735 with pay for City business shall be considered as time worked for the computation of overtime Methodolol!v: A schedule of total wages and overtime for calendar year 2007 (all employees) was prepared The total wages for 2007 were $43,397,834 and overtime costs for Calendar Year 2007 were $3,318,000 (not including comp time). This schedule was then sorted by department and by total wages for the year. lNoted 60 employees over $100.000 1. City Manager- 2 2. City Attorney- 2 3. Community lmprovement- I 4. Engineering- 1 5. Environmental Services- I 6. Finance- 2 7. Fire- 33 8. Police- 18 A schedule of overtime by department (9-years) was then prepared. Of the total of $3,318,000 in overtime costs for calendar year 2007,92.5% of all overtime costs were in the Police, Fire, and the Parks & Recreation departments which are all part of the General Fund. The remaining 7.5% was primarily Public Works and Public Utilities. In this period 86.4% of the total overtime was in Police and Fire departments. Public Works was generally due to special events and Public Utilities overtime is primarily due to water line breaks, sewer line breaks, or work that could not be done or completed during normal working hours. The Fire Department expended $1,283,873 in overtime costs (38.7% of total) for Calendar Year 2007. Following an interview with the Fire Department staff at a Budget Task Force meeting and subsequent discussions, it was presented that over 80% of this overtime is due to minimum manninl!: of stations. The Police Department expended $1,583,533 in overtime costs (47.7%) for Calendar Year 2007. Following an interview with the Police Department staff at a Budget Task Force meeting and correspondence from Chief Larry Schroeder, it was presented that 82% of their overtime was in the Operations Bureau and there were six (6) major reasons for their overtime. A summary breakdown of these major reasons is as follows: taffing for special events- 20.61 % inimum manning- 14.41 % oliday robbery task force- 9.13% ourt attendance- 7.31 % obbery task force- 6.70% W AT training and deployment- 5.13% ther tasks and duties- 36.70% 34 620 of 735 The Parks & Recreation Department expended $201,679 in overtime costs (6.1%) for Calendar Year 2007. Following an interview with the Parks & Recreation Department staff at a Budget Task Force meeting and correspondence from Acting Director Tim Simmons, it was presented that most of this overtime was due to staffing for special events, lifeguard manning (7 days per week), and other activities not able to be completed during normal working hours. Findinl!s: Police Department Police union employees are allowed to be paid double pay for working a holiday for the time actually worked (PBA Union Agreement Article 13, Section 3}. This provision is supposed to mean that an employee will receive straight time for the holiday and straight time for the time worked. If an employee does not work a holiday then, and only then, would the holiday count as time worked for the computation of overtime. This was clarified in a memo from the Finance Director dated October 25, 1994. The annual budget for the Police Department includes 2,080 hours for each employee that would include their paid time ofT for vacation, sick, and holiday time. Therefore, these employees are budgeted as if they will take off all holidays. If they are required to work on a holiday, Police employees can assign when their holidays are taken ("floating holidays") with the permission of the Police Chief or his designee. Several employees, instead of taking the time off are assigning their "floating holidays" to days that they already are working overtime and are receiving pav for their holidav and double overtime. This means, as an example, that an employee working overtime on a Saturday, could receive 24 hours of pay for 8 hours of work (8 hours for the holiday and 16 hours for 8 hours of time worked at double overtime) since they are considering holiday time as time worked. This was the only department in the City to record double overtime. Examples of this double overtime are provided below: Career Officer 3 Career Officer 2 Career Officer 1 Police OffiCer 1 Class Police Officer 1 Class Police Officer 1 Double Overtime 6,874.85 61614.77 .44 7,950.04 4$72.04 4,933.65 The total amount of Police double overtime costs for 2007 was $255.981 35 621 of735 Recommendation No.1 The Budget Task Force would tirst recommend that the City consider ceasing the ability of Police union shift employees to assign their "floating holidays" to days they already are working overtime and thus eliminate all double overtime costs. The union agreement states that a straight-time rate will be paid for these assigned holidays. not a double overtime rate. But by assigning this day to a day when overtime is being worked, it results in additional overtime. The intent of the floating holiday was to move the holiday to a day that could be taken off, not to assign this day to a day that they are already working. If the Police employee charged 24 hours for the day and the correct amount should be 12 hours (8 hours worked for the day at time and a half rate) the savings would be 50.0% of the actual paid time (8 hours of paid holiday that should not be paid + 4 hours of added overtime). Estimated Potential Cost Reduction: 8 hours of paid holiday time x II holidays x 150 employees x $25/hour= $330,000 4 hours of extra overtime pay x 11 holidays x 150 employees x $25/hour= $165,000 Total potential cost reduction is $495.000. Follow-up Actions: The first payroll of October, 2008 was reviewed to determine if double overtime was still being charged by the Police Department. There were 22 individuals that were charging double overtime for a total of 95.75 hours ($6.211 ). An e-mail was sent to the Police Chief reminding him of the Budget Task Force suggestion and the supporting document from the City Manager to the City Commission dated September 8, 2008. The City Manager also sent an e-mail to the Police Chief stating that this double overtime should be stopped and that it did not need to be negotiated. The second payroll for October, 2008 was reviewed to determine if the double overtime was being charged. It was found that there were 22 employees charging double overtime for a total of 152.5 hours ($9,621). Finance contacted Major Hartmann who stated that this was being currently negotiated. Contact was then made with Human Resources and the City Attorney to determine why this was being negotiated. (October 27,2008) An e- mail was forwarded to the Police Department, Human Resources, and the City Attorney stating that, at this rate, over 20% of the Operations Bureau will be spent on double overtime for the year and asked to resolve this issue as soon as possible. The third payroll for November, 2008 was reviewed to determine if the double overtime was being charged. It was found that there were 25 employees charging double overtime for a total of 191.5 hours ($12,194). An e-mail was forwarded to the City Manager, Police Chief, Police Major, City Attorney and Human Resources Director stating that, at the current rate, over 24.3% of the Operations bureau will be spent on double overtime and asked that we be advised as soon as this issue is resolved. The City Attorney's office received a legal opinion that this does not require union impact bargaining. A meeting was held with the City Manager, Police Chief, Major 36 6220f735 Hartmann, Human Resources Director, and Finance Director resulting in direction to cease charging holiday time to days an officer is working overtime. This should eliminate double overtime. The Police Department incurred $134,442 in holiday pay and double overtime costs through January 9, 2009 which was communicated to the department. This amount through one quarter appears to confirm the savings estimate of the Budget Task Force for an annual period. The City Manager stated that this would be resolved by February 1, 2009 or the City would implement the terms of the union contract as written. As of June, 2009 there does not appear to be any continuing double overtime for the payment of holiday time assigned to days officers are working. No further action is reauired. Recommendation No.2 The Budget Task Force would also recommend that the City consider changing all policies and union agreements to only allow time actually worked in the calculation of overtime and delete the allowance of vacation time, holidays and any other charges for time not actually worked as allowable time worked. The Budget Task Force feels that this would be a fair and reasonable way to administer overtime. We could not find any FLSA guidelines that require vacation time or holidays as time worked in the computation of overtime. Again, this benefit has been in place for several years. It needs to be emphasized that this benefit reduction is proposed in order to reduce the number of potential job cutbacks. Estimated Potential Cost Reduction $333,180 (10% of total overtime costs of $3,331,800) per year + fringe benefits (estimated 7.65% FICA) = $335.346. Follow-up Actions: The City Manager issued a memorandum to the City Commission dated September 8, 2008 stating that this recommendation would have to be bargained. The Finance Director met with the Human Resources Director and confirmed that this recommendation is being placed in the current PBA agreement for consideration. Recommendation No.3 The State of Florida passed legislation effective in 1999 that required Police overtime be included as a minimum benefit in pension calculations up to 300 hours annually. It is well recognized that there is a nationwide problem with funding of Police and Fire pension plans. The current Delray Beach pension plan for Police and Fire allows an individual to retire with a maximum of 87.5% (3.5% per year of service x 25 years) of average monthly earnings. The individual retiree also receives a cost of living adjustment paid for from premium taxes on local resident's insurance policies. In addition, the City pays for social security benefits that also have a cost of living applied. The total of these benefits would mean that an individual could easily earn more in retirement than they did on active duty. 37 6230f735 The Budget Task Force would recommend that our City Commission, lobbyists, and the State legislators respond to this situation by seeking legislation removing overtime from the calculation of pension payments. Taxpayers should not be asked to fund retirement benefits which allow an individual to earn more in retirement than active duty. Follow-up Actions: The City Manager presented his recommendation to the City Commission in a memorandum dated September 8, 2008 that this issue be made one of the City's legislative priorities for the next session of the Legislature and that we seek to have this adopted by the Florida League of Cities in the legislative policy statement. An e-mail was sent to the City Manager in October, 2008 recommending this action be done. This was advance notification prior to the City Manager attending legislative meetings with the Florida League of Cities in October. The City filed legal action against the State of Florida stating that the 1999 legislation interfered with the City of Delray Beach 1993 Agreement approved by the unions, the Police & Fire Pension Board and the City of Delray Beach. In May, 2009 the City of Delray Beach prevailed in this action which means that the 1999 legislation cannot overturn the 1993 Agreement and that we do not have to include Police overtime in pension benefits. The premium taxes received would be used to pay retiree cost of living increases. No further action is required. Fire Department The Fire Department is using compensatory time that exceeds allowable time banks to be donated to the Union Time Pool. The time pool is for union employees to conduct union business and the time is supposed to be donated from vacation time, holiday time, or compensatory time of union members. Recommendation No.4 The City Manager and the Department Head in the Fire Department need to discuss the hours used to develop the union time pool for the Fire Department so that employees are not donating time that would normally not have been paid since it exceeded allowable compensatory time caps. By donating this time to other employees the City is paying for the time which otherwise they would not be required to pay. The Police Department, for example, turns in a listing to the Finance Department Payroll Administrator each year of union employees and each employee's donation of time to be taken from their active accumulated time banks. Payroll then deducts this time from their accrued time banks. The Fire Department should turn in this type of listing each year to the Finance Department Payroll Administrator so that the City can keep track of the payment of the union time pool. Estimated Savinl!s- If the Fire Department turned in 3 hours per employee each year for the Union Time Pool from active vacation, holiday, or comp time banks the savings would be as follows: 38 6240f735 88 Employees x 3 hours x $25.00 averaee salary = $6.600 The Fire Department is allowim! employees that are part of the Police & Fire Pension Board to have 10 shifts off for education seminars. For a shift worker, this represents 10- 24 hour shifts off to go to these seminars or 240 hours. This represents a significant expense, in addition to the lost productivity during the 10 shifts, since most shift workers are part of minimum manning requirements and have to be replaced with overtime workers. The cost of one Fire Department shift employee to attend these seminars is costing more overtime than most other City departments are given in their entire departmental overtime budgets. This 10-shifts off would not appear to be reasonable since the term of office for pension board members is only 2 years and the Pension Board retains professional money managers and a monitor that oversees these money managers. One of the members on the Pension Board is a Battalion Chief (shift worker) who is allowed to be replaced by another Battalion chief at an overtime rate. Another employee is a Paramedic Lieutenant (shift worker) who would normally be replaced with another Paramedic Lieutenant at an overtime rate. The third employee is a Fire Lieutenant who is a normal 8-hour shift employee and would not be replaced. Scenario No.1 Fire Battalion Chief- maximum allowed 10 shifts off for seminars and not replaced 240 hours x $39.56= $9,494.40 x fringe benefits (51 %) = $4,842.14 = $14,336.54 Fire Paramedic Lieutenant- maximum allowed 10 shifts off for seminars and not replaced 240 hours x $37.56= $9,014.40 x fringe benefits (51%) = $4,597.34 - $13,611.74 Fire Inspector- maximum allowed 10 shifts off for seminars and not replaced 80 hours x $42.92= $3,433.60 x fringe benefits (51 %) = $1,751.14 = $5,184.74 Example Total Scenario No.1 Fire Department = $33.133.02 Scenario No.2 Same as Scenario No. 1 except Battalion Chief and Paramedic Lieutenant are replaced as part of minimum manning requirements: Fire Battalion Chief- maximum allowed 10 shifts off for seminars and is replaced 240 hours x $39.56= $9,494.40 x fringe benefits (51 %) = $4,842.14 = $14,336.54 Replacement 240 hours x $39.56 x 1.5 = $14,241.60 x fringe (7.65%) = $1,089.48 = $15.331.08 Fire Paramedic Lieutenant- maximum allowed 10 shifts off for seminars and is replaced 240 hours x $37.56= $9,014.40 x fringe benefits (51%) = $4,597.34 - $13.611.74 Replacement 240 hours x $37.56 x 1.5= $13,352.16 x fringe (7.65%) = $1,034.40 = $14.386.56 Fire Inspector- maximum allowed 10 shifts off for seminars and not replaced 80 hours x $42.92= $3,433.60 x fringe benefits (51%) = $1.751.14 = $5.184.74 Total Scenario No.2 Fire Department = $62.850.66 39 6250f735 It is unknown what this limit is for Police Department employees. However, numerous members of this Board have gone to Hawaii, Toronto, Las Vegas, New York and other locations as well as in-State seminars within the same Plan year. TIlis Board's current actuarial study disclosed $183,000 of administrative expenses beyond what they spent for investment-related fees to money managers, whereas the General Employees Pension Plan spent $11,573. Most of this $183,000 expense can be attributed to travel expenses related to investment seminars. Recommendation No.5 The City Manager and the Police and Fire Department Heads need to review and limit the amount of lost productive time and overtime costs being realized by allowing individuals to attend numerous investment seminars for the Police & Fire Pension Board in any given year. This could be of significance if these employees are being replaced for minimum manning purposes at overtime rates of pay. The recommendation is to reduce the number of shifts off being allowed by 50% and not allow any time off if the employee would need to be replaced. Estimated Increase in Productivity or Reduced Expenses- $50.000 40 626 of 735 CAR ALLOWANCE Reference: Car Allowance Policy No. GA-40 Findinl!s: The City of Delray Beach currently pays $79,333.20 per year for twenty-eight (28) fixed car allowances with no required reporting of business mileage. Some of these allowances, per the policy, appear to be either contractual or entitlements. The City Manager and City Attorney are to receive $400.00 per month grossed up for taxes, for example. However, most of the other employees were l!iven car allowances with the policy provision that they have either 200 or 400 business miles per month. Those employees with over 200 will receive $110.00 per month and those with over 400 business miles per month will receive a $220.00 per month allowance. A normal employee works 20 days per month and therefore must average 10 or 20 business miles per day to justify their car allowance. This, of course, does not include travel to and from work that is considered personal mileage. Car allowances are paid through the payroll system and taxes are deducted from the gross amount. Employees can then deduct their business mileage from their tax returns if they have kept a log of their business mileage and can show the IRS personal use versus business use. Recommendation: The Budget Task Force would recommend that the City consider changing from a fixed monthly car allowance to a monthly payment for actual business mileage. Emplovees should not consider this payment as an entitlement but a reimbursement of business mileal!e. Employees must maintain business mileage logs which can be turned in each month and they will be paid at a fixed mileage rate of $.44 per mile (or the current rate established within the policy). This payment will be processed through the Accounts Payable system with no taxes taken out. This method ensures that the City is paying for only the actual amount of business miles driven each month. The Budget Task Force feels that this is a fair and reasonable way to administer a reimbursement program for the business use of a personal vehicle. Estimated Potential Cost Reduction: $40,000 per year (50% of total) + fringe benefits (estimated FICA 7.65%) = $43,060 Follow-up Actions: The City Manager submitted his recommendations in a memo to the City Commission dated September 8, 2008. With the exception of those individuals that are given car allowances per an employment contract (City Manager and City Attorney), all employees receiving a car allowance will be required to submit a quarterly mileage log to verify their actual business mileage. Car allowances would then be adjusted dependent upon the actual business mileage. 41 6270f735 The Finance Department designed a standard Vehic1e Mileage form for business mileage in October, 2008. The Finance Department redrafted GA-40 to revise the policy and included the mileage log form as part of the policy. This form can be used for either the verification of their car allowance mileage or for those employees requesting mileage reimbursement. A revised policy (GA-40 Revision 9) was forwarded to the City Manager for approval. The City Manager issued a revised policy GA-40 effective December 1, 2008 with the requirement for a quarterly mileage log. In conversations with the City Manager on January 27, 2009, the City Manager stated that any employee with either an employment contract or an offer letter from the City that allowed for a car allowance would not be required to submit a quarterly mileage log. A final tabulation of mileage logs was presented to the City Manager February 6, 2009 who will then detennine the revised car al10wances (or mileage reimbursement) for the next quarter. Since almost all employees had to have some form of written documentation to warrant the payroll inclusion of a car al1owance, these documents represent a form of offer letter and therefore there will be very few employees that are required to present mileage logs in the future. Out of the original 28 employees receiving a fixed car allowance, based upon the fact that most had either an employment contract or offer letter, only 6 employees will be required to provide mileage logs on an on-going basis. The remaining employees continue to receive a fixed car allowance. Revised Estimated Savin2s: The estimated savings from the remaining 6 employees out of 28 original employees receiving car al10wance is $500. No further action is required. 42 6280f735 EDUCATION INCENTIVE PAY Reference: Listing of Fire State Supplemental Education Compensation (F.S. 633.362) Listing of Police State Supplemental Education Compensation (F.S. 943.22) Backl!round: Florida statute (F.S. 633.362) requires and provides for supplemental education compensation for ccrtain "firefighters" who qualify. This compensation is a fixed rate of $50 per month ($600 annually) for an applicable Associates Degree and $110 per month t$I,320 annually) for a Bachelor's Degree. The State reimburses the City for this cost from insurance premium taxes. These costs are allowed to be part of the employee pension calculation. The City currently has 53 Fire Department employees receiving this State supplemental compensation totaling $4,210 per month ($50,520 annually). This benefit is not covered by the IAFF union agreement. Florida statutes (F.S. 943.22) require a Citv to provide for supplemental education compensation for certain "law enforcement officers" who qualify. The minimum required compensation is a tixed amount of $30 per month ($360 annually) for an applicable Associates Degree and $80 per month ($960 annually) for a Bachelor's Degree. The State does not reimburse the City for this cost as it does for the Fire employees. These costs are allowed to be part of the employee pension calculation. The City currently has 114 Police Department employees receiving this supplemental education compensation totaling $89,340 per year. Note: This is a different provision than the Fire supplemental pay which is reimbursed by the State premium taxes. This benefit is not covered by the PBA union agreement. Sworn officers in the Police Department (Union and Non-Union) are being paid $1.00 per hour for an Associates Degree and $2.00 per hour for a Bachelor's Degree in addition to the State mandated minimum education pavments. This hourlv rate applies to all hours to include overtime. The State required minimum incentive pay is a fixed amount per month regardless of the number of hours worked. This means that the Police Department employees are actually being paid twice for their education incentive payments. Findinl!s: Fire Deparbnent- Several Fire Department non-union management positions are currently being paid $1.00 per hour for an Associates Degree or $2.00 per hour for a Bachelor's Degree in addition to their hourly rate and in addition to the State supplemental compensation. This means that these employees are beinl! paid twice for their education pay. This amount is also allowed for pension calculation purposes. Most of these positions require a degree in their job descriptions tor equivalent experience) and therefore is considered in their salary schedules. This hourly rate is allowed for all hours to include overtime hours. Union employees do not receive this additional hourly rate education benefit. Union employees only participate in the State supplemental education compensation. A breakdown of the Fire Department management positions receiving this hourly adjustment are: Position at Assistant Fire ClUef Assistant Fire Chief Assistant Fire Chief . 43 6290f735 Dh1sion Chief Division Chief Battalion ODef BaUalion 0Jief BattalionODef Total Ci: Pa ment Management states that this benefit was allowed since the Police Department management personnel have this benefit. Although this is not part of the personnel policies, Fire Management represents that they have a memo from the City Manager allowing this benefit, but it must be realized that they are being pai.d twice for their education incentives. Reconunendation:No.l The Budget Task Force would recommend reconsideration of the Fire Department policy that increases an exempt management employee hourly rate for a level of education that is required in their job description. In theory, the minimum/maximum salary ranges should already include payment for the level of education required in the job description. Since their union employees do not receive this benefit, there is no compression caused by this benefit. The State statute appears to exempt certain State management positions from the State education compensation. The statute also allows for any questionable positions to be submitted to the State for clarification. The Budget Task Force would reconunend that the list of management employees that require a degree as part of their job description be submitted to the State for clarification and approval Estimated Potential Cost Reduction: Fire management employee savings = $28.950 Follow-up Actions: The City Manager issued his recommendation in a memorandum to the City Commission dated September 8, 2008. His recommendation is that we keep the Fire Department associates and bachelors degree supplemental education payments (in addition to the State supplemental education pay) since this has proven to be a benefit to the City, is needed for succession planning, and was promised to keep these positions in line with the Police Department senior staff benefits. Since there is no action on the Police benefit (January, 2009 e-maiJ from City Manager), ~ further action is required. Police DeDartment- Sworn officers in the Police Department (Union and Non-Union) are being paid $1.00 per hour for an Associates Degree and $2.00 per hour for a Bachelor's Degree in addition to the State mandated minimum education payments. This hourly rate applies to all hours to include overtime. The State required minimum incentive pay is a fixed amount per month regardless of the number of hours worked. There is a significant difference in these two methods. As noted previously, some officers have a large number of overtime and even double overtime hours. Example: Bachelor's Degree $2.00 per hour + fixed $960.00 State mandated payment- the annuaJ City cost is as follows: 44 6300f735 Recommendation No.2: The State statute for Police simply requires a tmmmum payment by the City for an Associate and Bachelor degree (as well as some other education not to exceed $130 per month). This is not a cost that is reimbursed by the State similar to the Fire statute. Since the City already offers an education incentive program that pays well above this statute minimum requirement by allowing $1.00 per hour for an Associates degree and $2.00 per hour for a Bachelor's degree, the State minimum amount should not also be paid to the employees. This is a duplicate payment to the employees. The State required minimum payment would be $89,340 and the City actually pays out $461,298 in education supplemental pay. Therefore, the Budget Task Force would recommend that the City cease paying the Police employees the "State Supplemental Education Pay". Estimated Potential Cost Reduction- $89.340 This does not include the potential savings in pension plan costs. Follow-up Action: The City Manager provided his recommendations to the City Commission in a memo dated September 8, 2008. He accepted the recommendation of the Budget Task Force and stated that this would need to be negotiated in the PBA union contract. Finance met with the Human Resources Director and confirmed that this recommendation will be part of the current PBA negotiations (October, 2008). E-mail issued January 27, 2009 requesting status of this item from Human Resources Director. The City Manager responded that this recommendation is not being pursued at this time. Recommendation No.3: The City should consider changing all policies and union agreements to present a fixed rate per month instead of an hourly rate for both an Associates and Bachelor's degree. This would ensure that all employees with an Associates Degree would have the same annual benefit and all employees with a Bachelor's Degree would have the same annual benefit. This would remove the education payments from the hourly rates which include overtime factors. In essence, the education benefit should be a fixed amount for each degree and should not fluctuate due to someone working overtime. The amount paid by the City for the education supplement hourly rates above 2.080 hours is $49,458. 45 6310f735 Total potential savings = $49.458 Follow-up Action: The City Manager provided his recommendations to the City Commission in a memo dated September 8, 2008. He advised the City Commission that the City Attorney has informed him that this recommendation cannot be accepted since it would violate FLSA regulations regarding the calculation of overtime. A fixed monthly amount must be used in the calculation of overtime. No further action is required. 46 6320f735 FAIR LABOR STANDARDS ACT (FLSA) TIME Reference: FLSA Employees Leave Days Policy No. EB-2 Human Resources Policy Manual Statement: The Human Resources Policy Manual does not allow overtime or compensatory time for exempt employees except under extraordinary circumstances. Certain key employees that are exempt for overtime purposes are given FLSA days to compensate them for the additional after-duty hours they work These days are not allowed to be carried over into another year. Hours not taken are forfeited. Findinl!s: Certain management exempt positions are receiving both overtime and FLSA time. Position Fire-Battalion Chief Fire-Battalion Chief . f'ire..BattaIion Chief Pollee-. Police- PoUce-ca t.1I1Q Pollee- Communications Pollce- Communications Su Police-Lieutenant PoIice-Lienten8nt Fleet Mainfenalice S Street Su Construction Su FLSA $971.04 886.~ 93L()8 12L84 796.48 1 505.04 500.32 612.00 147.44 1,529.92 5S8.64 613.76 717.60 $11,921.84 Recommendation: The Budget Task Force would recommend that the City not allow overtime-exempt employees to be paid for overtime except in emergency situations such as hurricane recovery time. If this is not feasible, these positions should be removed from the FLSA eligibility list. If employees are allowed to receive overtime or comp time in lieu of overtime (other than emergency situations), they should not be eligible for FLSA time. Estimated Potential Cost Reduction- $52.661 47 6330f735 Follow-up Action The City Manager provided his recommendations to the City Commission in a memo dated September 8, 2008. He stated that the Street Superintendent and the Fleet Superintendent were issued overtime contrary to policy and that this has been corrected. The Communications Supervisors are non-exempt and should not have been listed. The remaining positions all had justifiable overtime due to their special circumstances. No further action is reauired. 48 6340f735 TUITION REIMBURSEMENT PROGRAM Reference: Employee Development and Training Policy (No.GA-39) IAFF Contract- Article 44 Compensatory Time and Tuition Reimbursement Program Employees in the IAFF union may receive compensation time not to exceed 72 hours for off-duty education or training as authorized and approved by the Fire Department in lieu of tuition reimbursement (see "Absence with Pay-Away with Pay") Findines In 2007, there were 58 employees in the tuition reimbursement program. The total cost to the City for this period was $121,113. Of these 58 employees, there were sixteen (16) employees being reimbursed tuition for Master's Degrees at a total cost in 2007 of $63,501 (52.43% of total tuition reimbursement cost). There is no job description in the City that requires a Master's Degree except for the Planning and Zoning Department. These degrees were either in Organizational Leadership, Educational Leadership, Public Administration or Criminal Justice. Two (2) employees subsequently terminated their employment with the City. Two (2) employees receiving tuition reimbursement are in the Deferred Retirement Option Plan (DROP) Plan and are actually retired for pension plan pumoses. Eight (8) of these employees are within a few years of retirement eligibility. There are currently 40 employees in the tuition reimbursement program. Of these there are 15 in the Fire Department, 18 in the Pol ice Department and 7 in other departments. There are 15 employees taking a Master's Degree program (37.5%). Some of these employees are taking 12-21 hours of courses in one semester. Some of these courses are on-line computer courses. This number of hours is considered full-time enrollment in college course work. Tuition reimbursement is not an eligible cost for pension calculations but, by allowing Fire employees to receive comp time in lieu of tuition reimbursement, comp time is currently eligible for pension calculations. Recommendation No.1 The Budget Task Force would recommend that the City review their policy on tuition reimbursement and consider only reimbursing Associates and Bachelor's degrees that pertain directly to an employee's present position or a position that they are potentially qualified to be promoted to. This would eliminate all payments for Master's degrees and Doctorate degrees since there are no job descriptions in the City requiring this level of education (except for 2 Planning & Zoning positions- Masters). 49 6350f735 Departments should monitor those employees taking substantial hours to ensure the college course work is not being done on duty time (especially on-line courses) or that the burden of this number of courses in a single semester is not impacting job performance. Estimated Potential Cost Reduction Assuming the same level of cost as 2007 there would be a cost reduction of $63,501 for eliminating the master's degree and doctorate degree reimbursement programs. Estimated Savin2s- $63.501 Follow-up Action The City Manager provided his recommendation in a memo to the City Commission dated September 8, 2008. The City Manager stated that these advanced degrees have been eliminated from the FY 2009 budget except for a few positions that may require these degree levels and are needed for succession planning. Otherwise, the tuition policy will be revised to ensure that it is consistent with the City's employee development objectives and recognizes our financial limitations. The Finance Director met with Human Resources to ensure that they carefully review applicants for this program and not accept DROP applicants, applicants close to retirement, and not accept advanced degrees. The Tuition Reimbursement Policy (GA-39) was revised October I, 2008. No further action is reauired. Recommendation No.2 The City should not allow the substitution of compensatory time for tuItlon reimbursement since compensatory time will have a fringe benefit factor applied to the cost and will be allowed in the calculation of pensions whereas tuition reimbursement would not be eligible for pension and is simply an expense reimbursement. Article 44 of the IAFF union agreement is being misinterpreted. Paragraph A covers the tuition reimbursement program and does not allow compensatory time in lieu of tuition reimbursement. Paragraph B covers other Fire Department training and allows for comp time if an off-duty employee is called in for this training. Estimated Potential Cost Reduction Unknown impact due to inability to document employee choice of comp time over tuition reimbursement and impact on pension costing. Estimate only- $25.000 Follow-up Actions: Finance Department met with Dot Bast, Human Resources Consultant- Human Development, to discuss and clarify policies and procedures regarding tuition reimbursement. She is to contact Fire Department to clarify if there is any other documentation approving comp time in lieu of tuition reimbursement. 50 6360f735 LEA VE OF ABSENCE WITH PAY (A WAY WITH PAY. COMP TIME) References: Human Resource's Policy Manual. Section 503 Administrative Policies and Procedures Manual- GA-36 Compensatory Time-Police lAFF Union Contract, Article 31 Leave of Absence with Pay IAFF Union Contract, Article 44 Compensatory Time and Tuition Reimbursement PBA Union Contract, Article 16 Leave of Absence with Pay NCF&O Contract, Article 17 Leave of Absence with Pay In most departments of the City, Away with Pay time is used to account for activity away from an employee's work site to include court time, jury duty, conferences, seminars, conventions and other similar meetings which are to be approved by the City. In the Fire, Police and NCF&O union contracts a similar explanation is given. The training, conference, seminar or meeting must be approved by the Department Head and the City Manager. Absence with Pay shall not be considered as time worked in the computation of overtime. No overtime will be considered due to this benefit. However, there is also allowance for overtime consideration if the training is for City business. In the Administrative Policies and Procedures Manual, Policy GA-36, the Police union personnel may receive compensation time in lieu of overtime at their discretion not to exceed sixty (60) hours inclusive of the time and a half conversion. In the IAFF Union Contract, Article 44, it appears that comp time mav be received for certain education/training not to exceed 72 hours. em 39 51 6370f735 84.3% of the total hours in this category were in the Police and Fire departments. There are 392 employees in the Police and Fire departments out of 821 total employees in the City of Delray Beach. Therefore, Police and Fire represent 47.8% of the workforce yet they are spending 84.3% of the Away with Pay costs. Most of the Away with Pay costs for the non-Public Safety departments are seminars, conferences, conventions or similar events although some hours are in-lieu overtime payments. Therefore, the focus of the analysis is on these two areas (Police and Fire departments). Police Department A sample of employees in this department with significant Away with Pay is as follows: Hours 207.0 221.0 145.0 310.0 197.0 360.0 216.0 185.0 The Police Department was given this listing and they replied that most of this time was overtime and the employee chose "Compensatory Time" in lieu of overtime in order that they could have additional time off. The total cost of A way with Pay time for the Police Department was $408,800. Fire Department A sample of employees in this department with significant Away with Pay is as follows: The total cost of Away with Pay time for the Fire Department was $434,212. 52 6380f735 A listing of employees with significant Away with Pay time was submitted to the Fire Department. Responses were received on non-management employees that showed the primary reasons were "Comp Time", "Union Time Pool", "Investment Seminars" (PolicelFire pension plan investment seminars, and various training seminars). The comp time is in lieu overtime. The union time pool costs are offset with contributed time from union employees. The individuals on the pension board attending the investment seminars are allowed UP to 10 shifts off for these seminars per the directive of the Fire Chief. This would represent 240 hours of time off for investment seminars unrelated to their City iob as a Paramedic Lieutenant and could present part of the overtime needed for minimum manning. Fire management employees are exempt employees. However, these employees are charging overtime and comp time. We were advised that Fire management employees keep their own comp time records. Management employees are allowed to have unlimited comp time banks but they do not get paid for these banks at termination. Their comp time is overtime straight. The fringe benefit factor applied to overtime is basically only 7.65% (FICA) and this cost is not eligible for pension. Overtime is not part of earnings in the calculation of pensions. Away with Pay time is considered regular pay and is eligible for pension. Therefore, employees are increasing their potential future pension earnings by electing A way with Pay time (Comp Time) in lieu of overtime. Observation No.1 This would appear to be a payroll coding problem. Away with Pay time was originally set up to account for time on City business away from the City. Compensation Time (payment in lieu of overtime) should be separated in the payroll system from Away with Pay (seminars, conferences, jury duty, court time). Actual City overtime costs are being hidden because comp time is showing UP as regular pay in the financial system. Observation No.2 Overtime is paid at time and a half times an employee's regular rate of pay. Overtime carries a fringe benefit factor of 7.65% for social security. There is no fringe benefit factor for pension, health insurance, life insurance or other benefits on overtime since fringe benefits are generally based on regular pay only. Regular salary carries a full fringe benefit factor of 60%. Therefore, it would appear that overtime costs could be less cost to the City if paid as overtime (7.65% fringe) and not taken as comp time since comp time is paid as regular salary with the full fringe benefit cost (60% ). Observation No.3 In most cases involving shift employees in the Police and Fire departments, if an employee takes time off another employee is called in to take their place on shift duty. Therefore, if one shift employee takes time off for comp time. another employee will be called in to take their place on shift and this would be overtime to that employee. Therefore, it would appear that overtime costs could be reduced by paying the overtime costs and not allowing comp time. 53 639 of 735 Observation No.4 Comp time (limited to certain maximum allowances) can also be paid out at termination and, since it is considered as Away with Pay, this would be included in final pension calculations. Therefore, it would appear that overtime costs should be paid as overtime which is not eligible in pension calculations as opposed to comp time which is eligible for pension calculations. Pension costs for Police and Fire also have cost of living adjustments each year. Scenario #1 Assumption: Police Officer A is an officer with a bachelor's degree at Step 5 with an hourly wage rate of $27.90. He works 8 hours of overtime in a pay period and requests to be paid for the 8 hours of overtime. The fringe benefit rate on overtime is 7.65% (social security or FICA). This overtime amount will not be included in pension calculations. Example: Police Officer Comp Time Payroll Cost - $27.90 x 1.5 x 8= $334.80 salary + 7.65% fringe ($25.61) = $360.41 Scenario #2 Assumption: Police Officer A is an officer with a bachelor's degree at Step 5 with an hourly wage rate of $27.90. He works 8 hours of overtime in a pay period and requests comp time (12 hours) to be taken in the following month. The fringe benefit rate on comp time is 53%. This amount will be included in pension calculations even though it is essentially payment for overtime worked. No replacement employee is needed for minimum manning requirements of the Department. Payroll Cost - $27.90 x 12= $334.80 salary + 53% fringe ($177.44) = $512.24 This represents a 42.13% increase in payroll cost over Scenario #1 Scenario #3 Assumption: Police Officer A is an officer with a bachelor's degree at Step 5 with an hourly wage rate of $27.90. He works 8 hours of overtime in a pay period and requests comp time (12 hours) to be taken in the following month. The fringe benefit rate on comp time is 53%. This amount will be included in pension calculations even though it is essentially payment for overtime worked. A replacement employee (Officer B same pay grade) is needed for minimum manning requirements of the Department. This employee cost will not be included in pension calculations. Payroll Cost - Officer A- $27.90 x 12 = $334.80 salary + 53% fringe ($177.44) = $512.24 Officer B - $27.90 x 1.5 x 12= $502.20 + 7.65% fringe ($38.42) = $540.62 Total Payroll Cost = $1,052.86 This represents a 292 % increase in payroll cost over Scenario #1 54 640 of 735 Recommendation No.1 Chane:e the pavroll code ("Awav with Pay") for overtime that is not directly paid and is taken and paid as comp time. Away with Pay should only be for when an employee is away from his work station due to seminars, conventions, conferences or other training event. Recommendation No.2 Overtime should be paid for in the pay period it is worked and not allowed to be taken as comp time. The payment of overtime is less expensive than taking comp time because of the fringe benefit applied. By allowing the use of comp time, the department reduces the number of budgeted productive hours available to an employee. Assuming 75% of Police and Fire charges to Away with Pay is actually overtime, 75% of $843,000 is $632,250 that would no longer be eligible for pension calculations and would not have the full fringe benefit costs applied, only FICA. While this would not save any pension costs in the current budget, it would be a direct savings to pension plan costs in the future at some point or employees will choose to be paid for their overtime and work the time they normally would have taken off (increasing productivity). If overtime is not elieible for pension then comp time (in lieu of overtime) should not be considered elieible for pension. It is actuallv cheaper to pay the overtime and not allow comp time in lieu of overtime. $632,250 x 75%= $474.188 per year Follow-up Actions: The City Manager responded to these recommendations in a memo to the City Commission dated September 8, 2008. He recommended that the payroll code for comp time be established separate from the Away with Pay code which is for seminars and conferences. He stated that comp time should not be considered as time worked for the calculation of overtime. This will have to be bargained with the unions. The Finance Director met with Human Resources to clarify that comp time should not be allowed as a substitute for tuition reimbursement since this is not stated in the union article on tuition reimbursement. The Finance Director met with Human Resources to ensure this recommendation is being addressed in our current impact bargaining session with the PBA. The City Manager issued a memorandum to Department Heads dated October 31, 2008 stating that a new payroll code will be set up for comp time (CT). It further stated that comp time will be considered for pension calculations but will not be considered as time worked in the computation of overtime. No further action is required. 55 641 of735 MECHANIC CERTIFICATION BONUS PAY Reference: Article 11 (Wages) Section 4.of the NCF&O, SElU union contract covers certification pay for mechanics in the union. They receive 5% of gross pay per pay period for 3 Automotive Service Excellence (ASE) Council certifications, 10% for 6 certitications, and 15% for 10 certit'ications. These certifications must be kept current in order to receive these certification bonus payments for the pay period. % 15% 15% 15% 15% 15% 10% 15% 10% 0% 0% In an interview with the Fleet Superintendent it was determined that the employee certifications are monitored on a current basis. Employees with expiring certification deadlines are notified in advance of their expiration dates and given the opportunity to be retested and recertified. The Job Description for the Fleet Superintendent requires ASE certifications (15) as part of the qualifications for the position. The Fleet Superintendent is not a union employee and is exempt from overtime. There does not appear to be any policy or memo authorizing the Fleet Superintendent to receive certification pay in addition to his salary. It is recognized that, if this certification pay is not allowed, the earnings of the Senior Master Fleet Technician would exceed the earnings of the Fleet Superintendent. Recommendation No. 1 This union article should stipulate that this certification pay is a bonus payment and is not eligible for pension calculations. This will clarify any future misconceptions regarding this issue. Recommendation No.2 The union agreement should be changed to a fixed monthly amount for certifications in lieu of an hourly rate so that all certifications receive the same amount and do not change due to overtime hours. Estimated Potential Cost Reduction Fixed monthly rate for certifications (eliminate overtime factor) = ~ 56 642 of 735 Follow-un Actions: The City Attorney has issued the opinion that we cannot avoid putting certification pay into the hourly rate for overtime due to FLSA regulations whether it is paid hourly or monthly. No further action required. 57 6430f735 SICK LEAVE PAYOUT AT TERMINATION Reference: Human Resources Policy Manual- Section 403 Sick Leave IAFF Union Contract- Article 17 Sick Leave IAFF Lifeguard Union Contract- Article 17 Sick Leave NCF&O (SEIU) Union Contract- Article 16 Sick Leave PBA Police Union Contract- Article 15 Sick Leave Sick leave is allowed to be accrued at 8 hours per month for 40 hour non-shift employees or 9.6 hours per month for 48 hour shift employees. Sick leave payout at termination per the policy is as follows: Years of Service % of Accrued Sick Leave to be Paid -0- to 560 boors (672 shift) to 560 hours (672 shift) to 560 hours (672 shift 100% of u to S60 hours 672 shift) 100% of u to 1,120 hours (1 Shift) 5-18 10-15 15-20 20 or more 20 or more (retirement) Sick leave shall be forfeited upon discharge or employee not in good standing at the time of termination. The City must record the liability for accrued sick leave at year-end Observations If exempt employees are being allowed comp time, they can take comp time for illnesses and continue to accumulate sick leave which they will be paid for at termination. This would be another reason to eliminate comp time for exempt employees. Employees are being allowed to accrue sick leave in excess of the maximum payouts. Some of these employees are using this excess to donate to other employees in need of sick leave time due to serious illnesses. This would mean that the City actually paid for sick leave in excess of the maximum while the employee was an active employee. There were five (5) individuals that were paid sick leave in excess of the maximum limits set in the policy in 2007. The payment was I days pay for 5 days of excess sick leave above the cap or 20% of their excess sick leave. ICMA originally authorized a policy but the IRS changed this policy not allowing a cash-out alternative. 58 6440f735 As of September 30, 2007 there were 42 employees with sick leave in excess of the maximum of 1,120 hours and 5 Fire shift employees in excess of the 1,344 hours. If these employees were paid 20% of their excess sick leave at termination it would cost the City $1l8,20l at this time. This total will increase over time until the employee is eligible for retirement and finally terminates employment. Recommendation No.1 All union agreements and the Human Resources Policy Manual should stipulate that sick leave payouts are bonus payments and are not eligible for pension calculations to clarify any future misconceptions. Recommendation No.2 Sick Jeave should be capped at the maximum payout limits of 1,120 for non-shift employees and 1,344 for shift employees and any accrual over this amount would be automatically forfeited similar to the way vacation time is handled and an employee should not be allowed to accumulate hours above these maximum caps. Recommendation No.3 Donated sick leave should be taken from the maximum cap and not from excess sick leave above the maximum cap that would not have been paid for by the City. Recommendation No.4 In no case should an employee be paid for any sick leave in excess of the maximum of 1,120 hours (1,344 shift employee). Estimated Potential Cost Reduction 20% of excess sick leave bank at September 30, 2007 = $118.201 Follow-up The City Manager responded to these recommendations in a memorandum to the City Commission dated September 8, 2008. In this memorandum he recommended that the payroll system be changed to put a hard cap on sick leave. This would mean that there would be no further sick leave accrual once an employee reached the cap. The City Manager also recommended that an employee that presently exceeds the cap be allowed to take those hours if needed. This would mean that the Finance Department is going to have to maintain some manual record of those individuals that are currently in excess of the cap. The City Manager issued a memorandum to all department heads dated October 31, 2008 stipulating that there will be a cap on sick leave and employees cannot exceed the cap. All existing employees may use their current excess sick leave to account for used sick leave but will not be paid for this excess at ternlination. No further action is reauired. 59 645 of 735 VACATION LEAVE PAYOUT AT TERMINATION Reference: Human Resources Policy Manual- Section 502 Vacation Leave IAFF Union Contract- Article 15 Vacation IAFF Lifeguard Union Contract- Article 15 Vacation NCF&O (SEIU) Union Contract- Article 15 Vacation PBA Police Union Contract- Article 14 Vacation 11 Ma!<h.ium Accrual Observations If exempt employees are being allowed comp time, they can take comp time instead of vacation time which they will be paid for at termination. This would be another reason to eliminate comp time for exempt employees. Recommendations All union agreements and the Human Resources Policy Manual should stipulate that vacation leave payouts are bonus payments and are not eligible for pension calculations. Estimated Potential Cost Reduction This recommendation would not result in any projected savings. 60 6460f735 RETIREE HEALTH INSURANCE TRUST FUND (VEBA) Reference: Article 48-A-FR IAFF Union Contract - Retiree Insurance Article 43 PBA Contract- Retiree Insurance Internal Revenue Code 50l(c) (9) Actuarial Valuation (Police and Fire Pension Plan) as of October 1, 2006 Backl!round: Effective FY 2002, the firefighters' union negotiated an agreement with the City to give up a 2% pay raise in exchange for a 2% City contribution to a Retiree Insurance Fund. This amount was later raised to 3.3% to recognize the savings the City would incur (fringe benefits and taxes) by not paying the 2% salary increase. Effective FY 2006, the police union negotiated an agreement to give them a 3.3% contribution to the Retiree Insurance Fund. Each year the City continues to contribute 3.3% of base wages to the trust. The Retiree Insurance Fund is a 501(c)(9) VEBA (Voluntary Employees Beneficiary Association) trust that is administered by an employee association. The Retiree Insurance Fund is administered by an independent board of police and fire employees which retains their own independent actuaries, investment advisors and financial auditors. Recent Federal law changes allows for a retiree to receive a maximum $3,000 withdrawal from the trust on a tax-free basis if payments are made direct to the health insurance carrier from the trust. A breakdown of City contributions to this retiree health trust is shown as follows: Fiscal Year FY2002 FY2003 FV2004 FY2005 FY2006 FY2007 FY2008 20. $296 Note: FY 2007 (Fire) includes an adjustment for FY 2006 Observations: The City agreement to offer a 3.3% contribution in exchange for a 2.0% wage reduction with the difference being City savings on fringe benefits does not appear to be accurate. In actuality the City only saves 7.65% FICA whereas the employee savings would be FICA, pension contributions and income taxes which could total approximately 20%. In addition, the IRS allows for tax-free withdrawals from the trust so the 2% funds are tax- free (as opposed to tax deferred). The City pension contribution would not be impacted 61 6470f735 since this contribution is fixed by the actuarial report of the previous year and is paid in a lump sum. The City cost is increasing each year since the agreement is tied to a percentage of base salary. The Fire Department is increasing on average 10% per year and the Police Department is increasing on average 19% per year. Part of these increases are positions now filled that were previously open and part is due to the level of wage increases being given to these employees. In actuality, the average wage increase for both Police and Fire since 1977 has been 7.9% which is 1.9% above their actuarial assumption which means that the pension plan has been incurring an actuarial loss each year which translates to increased pension costs for the City. To state that the Fire Department gave up a 2.0% across the board raise does not take into account that they also received a performance increase of 0-5%. We did receive confirmation that the Police Department did not g:ive up a 2% raise when their 3.3% City contribution to the Retiree Health Trust started in FY 2006. We also did not find any documentation to verify if Police and Fire non-union management employees gave up a 2% raise when they were allowed to join in the 3.3% City contribution to the Retiree Health Trust. Police and Fire wage and salary survey comparisons with other municipalities and counties do not include the fact that the City is contributing 3.3% of payroll to the Retiree Health Trust. Recommendation: The City should consider changing the union agreements regarding the 3.3% City contribution to the Retiree Health Trust to a fixed amount of 2.0% of the Police and Fire base salary as of the year each started since the City savings on fringe benefits was not realized and not allow an annual increase to this amount. This would mean that Fire would receive $128,600 ($212,186/3.3% x 2) and Police would receive $129,290 ($213,328/3.3% x 2) for a total of $257,890. Estimated Potential Savinl!s Current City contribution of $635,023 less recommended $257,890 = $377,133 Follow-up The City Manager responded to this recommendation in a memorandum to the City Commission dated September 8, 2008. In this memorandum the City Manager commented that the City is currently researching how our Police and Fire benefit package compares to other entities. He wants the benefit package to be reviewed and revised as a package and not as individual items. The unions would have to participate in this review. This survey will be presented to the City Commission on February 10,2009. No further action is reauired at this time. 62 648 of 735 POLICE/FIRE PENSION COSTS Reference: Police/Fire Pension Plan Actuarial Report (Submitted July 17,2007) for Plan Year Ended September 30, 2006 Financial Trends Monitoring Report (November, 2007) Backe:round: The City presently spends 37.03% of payroll ($5,608,475) for the PolicelFire pension plan. The amount of cost for the City has been continually increasing over the past ten (10) years as evidenced by the following: CllV of Delrav Beach Pension Plans EmDlover Pension Cost as a Percentaae of Pavroll 0.40 0.35 0.30 >- ~ .. :a '60 Iii 0.25 0.20 '0 .. :il' c .. !! l 0.15 0.10 0.05 0.00 ___ GEPP % _PFP"".. 63 6490f735 The PolicelFire pension plan presently has an unfunded liability of $40.738.290 which must be paid for over the next 30 years by the City. The plan has a funded ratio of 69.6% whereas just 10 years ago this plan was 100% funded. This can be shown as follows: (Note: Brackets signify overfunded condition) Plan Year 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Funded Ratio 97.7 100.2 104.4 105.1 102.4 95.6 88.0 76.8 73.4 70.7 69.6 Police and Fireflahters Pension Plan Actuarial Assets and Liabilities $160.000,000 $60,000,000 $140,000,000 $120,000,000 $100,000,000 $60,000,000 $40,000,000 $20,000,000 $0 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Observations: The chart shows a dramatic difference in unfunded liabilities between 2002 ($9.6 million) and 2003 ($23.9 million). This is primarily due to the City approving the funding of a 3.5% multiplier from date of hire (all past service paid for by City) with the maximum 64 650 of 735 pension increased from 75% of average monthly earnings to 87.5% of average monthly earnings. The previous multiplier was 3.0% for each year of service. The Police and Fire Pension Board has taken a position that Fire certification pay should be in the calculation of pension benefits although the City Commission and City Attorney have stated several times that certification pay is considered a bonus and is not to be considered in pension benefits. The Pension Board authorized a third party administrator to include certification pay in pension calculations without City permission for retirees prior to 2004. This has led to litigation which is unresolved at this time. In 1999, the State of Florida passed legislation that added up to 300 hours of Police overtime to the minimum benefits that the City is required to provide. The funding of this benefit is supposed to come from premium taxes but this benefit conflicts with our 1993 Agreement which states that the premium taxes will be used solely for cost of living adjustments to employees after 25 years from date of hire. This conflict has led to litigation between the State and the City and is unresolved at this time. The fact that Police overtime is to come from the pool of funds from premium taxes is not going to be acceptable to the Fire employees who would see part of their COLA funds going to Police benefits. Therefore, you could see the State take future actions to include Fire overtime in pension calculations or substitute recommendations could be made by the Pension Board or the Fire union. It should be noted that Police and Fire employees can retire at any age with 20 years of service. Employees hired in their 20's could retire in their 40's, as an example. Most of the individuals in their 40's and 50's would be expected to be reemployed in other jobs following their retirement from the City. It also should be noted that the City also funds social security benefits for these employees that they would not be able to draw until their social security eligibility date. The State of Florida Retirement System also provides a retirement plan for police and fire employees. It presently has a 3.0% multiplier with a 21 % required City funding formula. If the City were to join this fund, the City would lose its funding from the premium taxes (approximately $1.5 million which wouJd have to also be funded by the City. The City cannot change the benefits for prior (past) service but can change the benefits of future service. This change would have to be agreed upon by the unions. Recommendations: The City cannot afford to maintain a 60% of payroll fringe benefit factor for police and fire. The City is presently losing significant property tax revenues, reduced State shared revenues (gasoline taxes, revenue sharing, utility taxes, franchise fees), is approaching buildout which means lower growth revenues from the new construction industry, the downturn in the housing and real estate market, and the condition of the general economy 65 6510f735 The single largest part of this fringe benefit percentage is the pension contribution of 37.03%. Investment performance in this Plan for their year ended 9/30/07 is expected to increase the City contribution in the upcoming budget by $1.5 to $2.5 million. This could mean that the City contribution to fund this Plan could exceed $7.5 million which is 7.5% of the entire General Fund budget. This is not sustainable. The Budget Task Force feels that it would be in the best interests of the City and the police and fire employees not to recommend conversion to the State of Florida Retirement System but instead to face the fact that, at a minimum, we have to reduce the future service multiplier from 3.5% to 3.0%. It would be recommended that all parties involved address this pension plan issue and change the design of the benefit package to ensure the plan can afford to fund both current and future retirees. These discussions should include minimum age at retirement, employee contributions, service multiplier, administrative costs, as well as other plan performance and costs. Estimated Potential Cost Savings The changing of the multiplier from 3.5% to 3.0% for future service is expected to save between 2-4% of payroll each year. The latest actuarial report shows that payroll is $15,143,925. Therefore, the estimated potential cost savings this year based on a 3% of payroll average would be $454,318. Follow-up The City Manager responded to this recommendation in a memo to the City Commission dated September 8, 2008. He recognized that this item would require concurrence with the bargaining units and the State of Florida Division of Retirement and could possibly impact our current litigation with the State. The City is currently in litigation with the State of Florida over the issue of Fire certification pay being included in pension earnings calculations and the issue of Police overtime being taken from premium taxes that were, by contract, previously assigned to cost of living increases to retirees. The City Attorney has recommended that this new recommendation not be discussed until these litigation issues are resolved which should be within the next few months (early 2009). The City prevailed in the lawsuit with the State of Florida over the issue of Police overtime being part of the pension plan retirement calculations and being paid for with premium taxes. This essentially means, if court opinion is so documented, that the 1993 Agreement would override the 1999 changes made by the State. Therefore, all premium taxes in excess of $504,000 would go toward retirement benefit enhancements (COLA). No further action is required at this time. 66 6520f735 OTHER PROFESSIONAL SERVICES The Budget Task Force evaluated all departmental costs under the classification of "Other Professional Services" (31.90 accounts). Since this account title is indicative of a miscellaneous category, detailed research had to be conducted in order to determine what services made up the total cost of $1.063,251. In addition, it is recognized that some of these services have revenues associated with them. A breakdown of major costs for Other Professional Services for FY2007 can be summarized as follows: 67 6530f735 University of Central Florida Data sharine: consortium - Deception Control _ Pre-emoloyment volvmmhs . EQuifax Credit research services - Lane:uae:e Line Services Proficiencv tests - Ituran Monitoring of Teletrak and Lifetrak 33,864 Police Suooort Services Lan2Uaee Line Services Proficiencv tests 70 Police OperatiOns ChoicePoint . BaCkmlUnd/Auto tracking; service... - Colonial Bank .. Tracldne: - CountrYwide Traclcine: - Wachovia Bank Trackine: - BMW Fmancial Services Trac~ - Yahoo Trackine: - Accurint Trackine: 6,443 Police- District 1 Louis Vallalba Referee fees- soccer tournament 210 Fire Administration ChoicePoint Back2l'ound checks - The IT Association Emnlovment testine: - Billion & Associates Pre-emnlovment nsvchololtical test - EMS Consultants Annual maintenance contracts - Deception Control Pre-emplovment nolv!mlnhs 34,556 FIl'e Operations Dr. Wolff . Medical Director contract 24.750 A.J. GaUacller Insurance on fire medical clinic. 14.011 Plannine: & Zonine: Qualitv Tr Shuttle bus service 248.387 Delray Beach Downtown Marketine: Tram simls 5,851 Chamber of Commerce SiJmS, markers 2,185 Urban Desiml Beach overlav review fees 3,000 Covelli Deshm Plat review and develonment cons. 3.803 Executive Mannioe Comotation Coachinl! fees 8,400 Treasure Coast Regional Pla~ Arehitecturai desiml review 17,708 McMahon Traffic planning; services 6,220 Communitv ImDrovement MEP Electrical insoections services 1,755 En2ineerine . RBP Mold remediation services. 23,086 Ocean Rescue Dr. Woolf Emolovment phySicals 2,000 David Miller & Associates Life~ tower replacement 3,447 Avirom Life1lUaId tower reolacement 3,000 Parks Maintenance 68 6540f735 450 69 655 of 735 MEDICAL PROFESSIONAL SERVICES Reference: IAFF Union Agreement, Article 39 Physicals NCF&O Union Agreement, Article 27 Physical Fitness Ocean Rescue Union Agreement, Article 38 Annual Physicals PBA Union Agreement, Article 26 Physical Fitness The City of Delray Beach currently spends approximately $300.000 per year for the current services provided by Dr. Wolff, M.D. at Fire Station No. 1. This would not include the cost for the office space provided by the City and related costs of this space. Dr. Wolff also charges certain employees with office co-pays that are his revenues and are not recorded on the City's financial statements. The services provided by Dr. Wolff include serving as the Medical Director, mandatory employee physicals, new hire physicals, random drug testing, tetanus and flu shots and other general medical services provided to employees and, in some cases, their dependents. Prescription costs are borne by the individual employees. Dr. Wolff is not part of the City's health insurance plan with Cigna since he does not have a private office that serves the general public. Therefore, any costs for services, out<;ide lab work, or prescribed medications are not controlled through our normal health insurance networks. Contract No.1 Medical Director Dr. Wolff is the Medical Director and the City operates its paramedic services under his medical license. The City must have a Medical Director to provide these services. The City pays $2,229 per month or $26,750 per year for this contract. Contract No.2 Medical Clinic The City currently spends approximately $200,000 annually on mandatory and non- mandatory physicals, random drug tests, tetanus and flu shots, and other services. The City also covers the professional services of the clinic with an insurance policy costing $14,100. The current individual costs for specific procedures are as follows: Procedure Ph ical Exam New Hire Physical New Hire MRO Fee Cost $115.00 184.00 5.17 70 656 of 735 Observations: The City pays 100% of the employee health insurance premiums for all City employees. This amount is charged to departments and the resultant revenue is transferred from that particular fund and deposited into the Insurance Fund each year. In the Insurance Fund, health claims and administrative costs are deducted from these revenues and the fund retains any profits or losses on an annual basis. The City is also paying 100% of the costs of union employee physicals, laboratory fees, blood tests, and vaccinations being conducted in the Fire clinic amounting to approximately $200,000 each year. If these procedures were conducted by eligible primary care physicians and not the clinic, the costs would be charged to the Insurance Fund and the employee would pay office visit costs and co-pays. By having the clinic do the procedures, the costs are borne 100% by the City. Departments are being charged for both the cost of the employee health insurance premiums and the services performed by the clinic. Police Department Medical services budgeted for clinic = $82250 Employee health insurance premiums charged to department = $1,661,110 Fire Department Medical services budgeted for clinic = $134,780 Health insurance premiums charged to department = $1,090,010 Recommendations The City should not be paying for 100% of the employee health insurance premium and then allowing the health procedures to be conducted in the clinic which is also paid for by the City. This is a duplication of charges to the City. If the clinic is to be maintained, the costs incurred by employees should be charged to the Insurance Fund and applied against the premium revenues paid for by the City. Since the health insurance experience in the lnsurance Fund has accumulated profit balances since FY 2003 when the City first became self-insured, there should be no impact on premium costs. The health insurance profits for the current plan year were $627,000. Estimated Potential Cost Reduction Transfer costs of employee procedures performed by the clinic to the Insurance Fund (excluding the cost of new employee physicals) and pay for these costs from accumulated profits in the Insurance Fund = $200.000 71 6570f735 Follow-up The City Manager responded to this recommendation in a memorandum to the City Commission dated September 8, 2008. In this memorandum, the City Manager concluded that by transferring these costs to the Insurance Fund health claims account, the ultimate costs for health premiums would increase and the departments would be charged more. Therefore, he feels that we would be exchanging one cost for another. In addition, since the Police and Fire physicals are more extensive that other employees, he want~ the costs to continue to be reflected in their respective departments. No further action is required. 72 6580f735 SHUTTLE BUS SERVICE Reference: Purchase Order No. 647518 Quality Transport Services, Inc. Backeround: The City of Delray Beach runs a downtown roundabout shuttle bus service at no charge to the public. The contract is with Quality Transport Services (P.O. 647518). These services currently include three (3) buses. Their schedules are as follows: 1IR0ute lA- Weekdays from 6:30 am to 7 pm (60 hours oer week). This route starts at the Tri-Rail Station, north on Congress to Atlantic, and east on Atlantic to the Beach and then returns by the same route. This pickup is every 30 minutes. 1IR0ute IB- Weekdays from 7:00 am to 9 pm, Saturday from 10 am to 8 pm, and Sunday from noon to 8 pm (85.5 hours per week). This route starts at the Beach (Marriott Hotel), west on Atlantic to Congress, and south on Congress to the Tri- Rail Station. On weekends, this route assumes Route lA. This pickup is every 30 minutes. 1IR0ute 2- Weekdays from noon to 10:30 pm, Saturday from 10 am to 8 pm, and Sunday from noon to 8 pm (68.0 hours oer week). This route starts at the Public Library and goes east to the Beach and returns. This pickup is every 20 minutes. This service costs $8,219.75 per week for the 3 buses or an annual cost of $429,071 ($8,219.75 x 52.2 weeks). The City pays a cost of $38.50 per hour for each bus. Observations: The actual riders for the most current past four (4) weeks (W fE 4/20, 4/27, 5/4, 5/11) and the computation of average riders/hour, average riders/pickup, and the average per rider cost per hour is as follows: Route IB Route 2 Observations: The total contract for this service for three (3) buses could exceed $430,000 per year. This amount could equal the cost of ten (0) full-time employees The City presently 73 6590f735 receives $175,000 (50% of the cost of 2 buses), $60,000 from FDOT per year for Bus #3, $30,000 from Palm Beach County for Bus #3, and $30,000 from the CRA for Bus #3 totaling $295,000 to offset some of the costs of the $430,000 shuttle bus service costs. This would leave a net cost of $135,000 as the net cost to the City. The present contract with Quality Transport Services expires January, 2010. Therefore, the question is what value (benefit) is the City getting for this cost (cost benefit analysis)? Several factors need to be addressed as follows: Irf the determination of the number of riders is solely dependent upon the reports of the service providers, can the data be relied upon since they would have a vested interest in seeing that the service continues Irf the primary pick-up point is Tri-Rail, how many of these riders are City residents vs. non-residents Irf the riders are primarily non-residents, the present budget constraints would assume to require that the City attempt to maintain as many employees and basic services as possible for City residents lIooes the City find that four (4) riders per pickup is an acceptable rate for the cost of the service 1Io0es the City find the cost of approximately $4.00 per rider per hour an acceptable cost of the service given the distance from the Tri-Rail Station to the Beach or from the Library to the Beach Irf we are averaging four (4) riders per pickup for 3 buses, can the number of buses be reduced to increase the number of riders per pickup and reduce the cost per rider per hour without losing the funding from other sources Irs the overall cost of this service vs. the results more valuable than the cost of ten (10) full-time employees ($43,000 per employee) that provide basic services to our City (2-3 full-time employees after considering external contributions) ~e there any other funding alternatives available that could reduce the net City cost Irf one of the primary purposes of the shuttle is to eliminate the need for parking in the downtown area, have the new parking garages in the downtown area (OSS parking garage, Federspiel parking garage, County parking garage) eliminated the need for the shuttle lIcould the net City cost increase with the current escalation of gasoline costs lIcould the proposed County complex redevelopment project impact a decision on the shuttle service Recommendations: The Budget Task Force should defer a decision on the shuttle bus service at this time due to the following reasons: 1. The present contract does not expire until January 2010 2. The utilization of the 3 buses needs to run through the winter season to fully measure an annual calculation of perfonnance 3. The City is presently in discussions with Palm Beach County over a major redevelopment project on Congress A venue that impacts our goals for the development of the Congress Avenue corridor, the development of the Delray Tri- 74 6600f735 Rail site, additional parking and other areas which may have an impact on the decisions of the Budget Task Force. 4. The present cost of gasoline may have an impact on shuttle utilization over the next several months Estimated Potential Cost Reduction $-0- estimated savings at this time. Follow-up The City Manager responded to this recommendation in a memo to the City Commission dated September 8, 2008. In this memo, he concurred with the recommendation to defer any position on this cost at this time. No further action required. 75 661 of735 VEHICLE W ASHINGIDET AILING The Fire Department currently spends approximately $500 per month to have their trucks detailed (exterior only) by Spotless Image Auto Detailing. This includes fire trucks, rescue trucks, utility trucks, ladder trucks and Ford Expedition (Assistant Fire Chiefs vehicle). This represents $6,000 annually. In addition, $3,030 budgeted for truck soap, chamois, pails, brushes presumably for truck washing. The Garage currently spends approximately $18,600 per year to have City fleet vehicles detailed by Barrett's Mobile Detailing. The Garage Superintendent states that each vehicle is detailed 2 times per year. This detailing also includes putting insignias and decals on cars and removing the same insignias and decals when the car is either turned in (leased cars) or sent to auction. Departments spend approximately $6,000 per year to have their departmental vehicles washed and waxed. Total cost of detailing and washing of vehicles = $30,600 Recommendation No.1 Fire Department employees should detail their trucks as part of their routine maintenance responsibilities and save the costs of external contractors detailing their vehicles Recommendation No.2 City employees should detail their own take home vehicles as part of their maintenance responsibilities and save the costs of external contractors washing and detailing their vehicles Estimated Potential Cost Reduction $1,000 per month x 12 months = $12,000 Follow-up The City Manager responded to these recommendations in a memo to the City Commission dated September 8, 2008. He stated that the Police and Fire departments have reduced the number of times that their vehicles are washed and detailed by outside contractors. He recommended no further change to internal policies. No further action is required. 76 6620f735 INSURANCE BROKER COMMISSIONS Reference: City prepared spreadsheet on current year property!casualty premiums and commissions AJ. Gallagher Proposal of Insurance dated June 10, 2008 Backl!round: The City of Delray Beach presently insures its property and casualty coverage through AJ. Gallagher (Broker) for a term from June 1, 2008-June 1,2009. The excess property policies are from 6/20/08 to 6/01109. The City has $192.7M in insurable values and has policies covering $50M of that total value. Therefore, the City is covered for the 1 sl $50M in damage from a single event. This coverage is broken down into $25M for the Water Plant and $25M for all other City property. This coverage, premium cost, and commission costs can be summarized as follows: Total ICasWd$1~721,90S $303;083 These policies have certain coverage with certain self-insured retentions (SIR) or deductibles: Crime - $500,000 coverage, $50,000 SIR per occurrence Worker's Compensation, statutory limits with $500,000 SIR per occurrence Employer's Liability, $1,000,000 coverage, $500,000 SIR per occurrence General Liability, Auto Liability, Public Officials, Police ProfessionaJ $1,000,000 per occurrence with $3,000,000 aggregate and $500,000 SIR per occurrence 77 6630f735 $5,000,000 excess of underlying or $1,000,000 SIR whichever is greater Water Plant- $25,000,000 property coverage with $25,000 SIR for Contractor equipment or $50,000 SIR per occurrence, 5% SIR for named windstorm Other Property- $25,000,000 property coverage with a $75,000 SIR per occurrence or $500,000 for a named windstorm Observations: A.J. Gallagher is the retail broker for the City of Delray Beach renewal and will receive a total commission of $201 ,663. Risk Placement Services is the wholesale broker for the City of Delray Beach renewal and will receive a total commission of $101,420. Risk Placement Services is owned by or affiliated with A~J. Gallal!her. The total commission ($303.083) is approximately 18% of the net premium payment. The Risk Management Division recently sent out Request for Proposals for insurance brokerage firms. These proposals are presently being evaluated. Recommendation: 1. The City should evaluate the possibility of a fee-based broker as opposed to a commission-based broker. Consideration must be given to the ability of the broker to secure appropriate coverages in a "tight" market. 2. The City should evaluate the possibility of a broker that also handles the Third Party Administrator function for claims administration. Consideration must be given to the fact that the current TPA, Gallagher Bassett Services, has all the historical files, medical records, and relationships with current claim recipients. Consideration must also be given to legal representation and coordination with our City Attorney on sensitive claims such as Police-related claims. Potential Cost Savinl!s The City should be able to reduce commission costs by $175.000 based upon recent bids received from multiple brokers. Follow-up The Risk Management Division bid out brokerage services for the City's property and casualty policies. The City Commission awarded the brokerage services to Plastridge Agency at a fixed 6% commission rate and saved approximately $175,000. This will take place upon our upcoming renewal deadlines. No further action is required. 78 6640f735 OTHER CONTRACTUAL SERVICES The Budget Task Force evaluated all departmental costs under the classification of "Other Contractual Services" (34.90 accounts). Since this account title is indicative of a miscellaneous category, detailed research had to be conducted in order to determine what services made up the total cost of $1 ,524,441. In addition, it is recognized that some of these services have revenues associated with them. A breakdown of m<tior costs for Other Contractual Services for FY2007 can be summarized as follows: 2,130 18,262 19,500 Sesac Clean and Safe GK PressUre Cleanin Public Works HartzellConstroction 447 115 290 488 567 791 79 6650f735 IDformation TedmolO2V QsendTecbnoloJries .'. Fixed asset adiustment on iSeries 7,535 American Securitv Alarm SYStems Alarm monitoring service 300 Police- Bureau Harry Maxime '. " Landscapin~ services 6,900 RCC Consultants . Freauencv rebanding consultant 1,210 Soundcom of S. Florida Sound system in P.D, (music) 2,856 Standard.& Associates NSLST items- CaptUn's exams 1,250 Maximum Security &AIarm , Cat 4 cables 1,600 Down Under Tank Testin2 Hvdrostatic leak detection tests 480 Florida Police Cbief!s Publications NFLST test and studvmrides 2,010 , PoIiee-.SUooort'SerVicd. Emer~encvCommunications . Additional minutes for Code Red 4,975 PoIice,Onerations , I Action Labor mFlorida School crossin!! l!uardproeram 211,785 Wheelbrator of North Broward Evidence destmction 389 ~ce-; DistriCt 2 Maximum Security & Alarm Alarm monitorin!!- Auburn Trace 18 Fire Administration Devcon Secu:ritv Alarm monitorin2 for Fire stations 3,951 First Advan~e ' . Uack2l'Ound checks- Lifet:nards I 245 Fir " Beach Devcon Secu:ritv ' ' . Alarm monitorin2 for Fire station 655 Advanced,Data Processin2 EMS billin1'!; and collection a2ency 54,493 Gatewav EDI. . Electronic c1aimsservices 1,634 ETS Environment Pre-demolition asbestos surveys 1,125 . & Zoninil SunGuaro lITE , Correct applications on iSeries 2,013 G&K Services Office cleaning; services 384 Boil . . n G&K Services , Office cleaning services 418 COde Enforcement Simon &Schtnidt Service as Code Enforce. Officers 1,275 Seacrest Title Title searches- unsafe housing 1,625 Streets Maintenance . Florida East Coast Railway Street maintenance and repair 6,292 /Traffie ODerations . CSX Railway':? ,,' Traffic shmal maintenance 4,375 FloridaEast Coast Railwav . Parkilll:!, beautificatio~ traffic 13,563 Bob's Barrlcides Traffic maintenance 650 Street T .iohtinp Municipal LiglltinsiSVslems Umzrade liehting 6,250 ParkilmFadlities ' ,- Accurate , ' Parldn2 and valet services 10,215 QualitY Transoort Maintenance parkin es 57,535 80 666 of 735 Advanced Fire & Security Inc. Alarm maintenance 408 Board of County Commissioners Parking ganlge security 12,512 Parking Pros Courthouse lZanl2e . 8,734 Florida East: Coast Railway Parking and traffic services 4,900 . B . . Maintenance Alarm Club.com Monitor and repair alarm systems 1,996 Oracle Elevator Service Elevator service 952 Arrow Extermina~ Extermination services 353 Devcon SecuritY Fire inspections 565 ParkslReereation P.&R.-OutofSchool Miscellaneous Movies, homework assistance, field trips. fOod,. variety shows. ceramics, bowling, water parks. skating, trips to Miami SeaQuarium. lion Country Safari 142,671 P.&R. -Administration F.colos;cal Associates Miscellaneous ecological services 2,680 P.&R. -Teen Center Devcon Securitv Alarm monitoring 1,091 P .&R.- Athletic and Sneclal Ewnts Jermac Pest ContrOl. Pest control services 234 P.&R..ocean ReScue Universal Beach Services .. Beach cleaninl! services 79,080 FIrSt Advantage Background checks-lifeguards. 642 Alarm Partners, LLC Alarm monitoring 763 P.&R.- Communitv Center Devcon Securitv. Alarm Club Security and alann monitoring 2,017 P.&R.- Veteran's Park BanyJaffe Musical entertainment 200 Carol Birtwell Children's entertainment 100 Devcon Security Security and alann monitoring 782 P .&R.- Park Devcon Security Security and alann monitorinJ! 1,380 Dean Simmons Computer lab instructor fees 20,440 TIa Dobard, f(m:tAl Hill Coaching fees 8,373 P.&R.- Parks Maintenance Bucky Dent Baseball School FJeld 1 e maintenance 75,104 SPOrts Turf One Turf replacement 86.537 Manpower Emplovrnent services. 949 Mac's Garden of Eden Nursery Plants and landscapinJ! 4,482 Simplex Grinnel Time clock maintenance 229 ADT and Devcon Security Security and alann services 2,887 Homrich Nursery Re-oair of fiber optic cable 2,141 First Advantage Employee background checks 798 81 667 of 735 Mesozoic Landsc e First Cleanin Services P.&R... Catllerine St 82 6680f735 293 400 304 160 20.742 34,088 260,023 30,996 3.184 1,474 7,580 2,380 307 1,742 794 1,495 952 160 5,980 1,522,261 HOMETOWN CONNECTION PUBLICATION The City publishes two (2) on-going newsletters to the general public. The first is the News for Neighborhoods which is issued monthly to utility customers (approximately 21,000) at an annual cost of approximately $12,900. This publication provides information to the customers in an economical manner since it is inserted with the monthly utility bills. Additional copies are available to the general public at various distributions sites in the City. The second publication is the Hometown Connection which is issued on a bi-monthly basis (approximately 7,000 copies mailed, extra copies at distribution points in City) at an annual cost of approximateJy $43,850. This publication provides important infonnation to the public that mayor may not be duplicated on the New for Neighborhoods or the general media. It also includes the Annual Report. Recommendation: With the exception of the Annual Report, the Budget Ta<;k Force feels that the Hometown Connection is duplicative of the News for Neighborhoods publication and the general media. In light of the fact that the budget may require cutbacks either in employees or services, the Budget Task Force would recommend that the City Commission consider not publishing the Hometown Connection with the excePtion of the Annual Report. Estimated Potential Cost Reduction 75% of the total cost of $43,850 = $31.572 Follow-un The City Manager responded to this recommendation in a memo to the City Commission dated September 8, 2008. The City Manager recommended that we change the present publication from six times per year to quarterly. No further action is required. 83 6690f735 TENNIS STADIUM OPERATIONS FY 2007 Descrl .0011 Amount Total Revenues $20.000 39,943 15,000 20,000 2,000 17,831 13,000 4,500 21,110 14,763 170 18,376 1,781 18,936 1,061,937 51,480 139,871 170,515 174,866 Observations: The City Commission executed a 25-year contract with Match Point, Inc. (Mark Baron) dated October 1, 2005 which obligates the City for approximately $1,016,140 annually with CPI increases of 3-5% each year until 2030. This fee is basically a sponsorship fee to Match Point which also gives them an exclusive license to manage and operate their ATP event at the Tennis Stadium and gives them office space throughout the year. This is approximately a lO-day event each year. 84 6700f735 In addition to the sponsorship fee, the City is oblil!ated to provide other items such as: Ese of the tennis stadium and tennis center ity shall provide seat covers for up to 4,000 seats ity shall prepare and maintain tennis courts, buildings and grounds to A TP standards for 7 days prior to event and during event lity shall provide a quality public address system and lighting ity shall provide a T.V. tower and platform and electricity ity shall design, construct and install a draw/sponsor board ity shall provide 2 show hard courts with public address system and temporary seating for 100 and 500 persons respectively lIcity shall provide 4 practice hard courts with A TP standards with cold water supply, electrical outlets, tables, chairs, and access lIcity shall provide 2 extra nets, posts, 10 pairs of single sticks and 6 umpire chairs with umbrellas, line person chairs, 12 windscreens, 5 scoreboards, court barriers lIcity shall provide clearly numbered seating and dividers for box seats and room dividers for gymnasium lIcity shall install and maintain 75 international flags lIcity shall provide short-term parking and long-term parking along with transport from parking areas lIcity shall provide electrical power, water supply and space for at least 2 T.V. trucks and related personnel tents, area lighting and parking for television trucks, tents for hospitality and concession operations lIcity shall provide construction of 2 program sales stands and provide space for tents, food, and concessions, merchandise sales, and other vendors lIcity shall provide restroom facilities for general public and VIPs with supplies lIcity shall provide use of professionally maintained courts for practice, clinics, an pro-am event, junior event, and sponsors during the A TP event lIcity shall provide use of the air conditioned Community Center, locker rooms, and players lounge along with an area for volunteers, officials and ball persons lIcity shall provide necessary traffic signage to direct public to parking and Tennis Center lIcity shall provide a ticket sales office with year-round exclusive use by Match Point lIcity shall provide suitable flooring for exhibit booths lIcity shall provide reasonable access to golf tee times and cart for players and sponsors along with exclusive use of 3 golf carts during ATP event lIcity shall pay Match Point up to $9,785 for Match Point operations personnel during the A TP event lIcity shall supply 1 licensed electrician and I licensed plumber lIcity shall supply teaching tennis professionals to assist with clinics, Kid's Day and Pro Am during the A TP event lIcity shall pay for and supply all permits lIcity shall supply 50 telephone lines 1 week prior to the event and pay phones for general public lIcity shall supply flooring for tents and covering for 2 courts 85 671 of735 lity shall supply 2 vacuums and 6 fire extinguishers and a 800 sq.ft. storage space ity shall ensure entire facility is ADA compliant at no expense to Match Point ity shall collect and dispose of all refuse and garbage including water and grease in holding tanks on a daily basis lIcity shall covenant and warrant that the facility is and shall remain in as good a condition as it was upon execution of the Agreement Icity shall, at no cost to Match Point, assist in the promotion of the event lIcity shall be responsible for security and crowd control JCD Sorts Grou rovided the followincr data on ITC room ni Holida Inn Hotel & Suites Boca Raton Hotel Doubletree Guest Suites Boca Raton Hotel Boca Raton Resort Boca Raton Hotel Colon Hotel & Cabana Club Delra Beach Total Rooms This table information supports the result that the marketing impact is more regional than local specific to Delray Beach. It would appear that the City is committed to this contractual agreement until 2030 unless Match Point, with our permission, chooses to move this event to another site which is highly unlikely. Recommendations: If there is any opportunity to renegotiate this agreement, the City should consider shortening the term of this agreement. In the future, the City should prepare a cost-benefit analysis of any and all long-term commitments prior to their approval. This agreement represents approximately 2% of our General Fund budget with no direct revenue source to offset the costs. Follow-up The City Manager responded to this recommendation in getting the Community Redevelopment Agency to contribute $500,000 in the upcoming FY2009 budget towards the cost of the Tennis Stadium operations and activities. The Assistant City Manager is presently negotiating to get a naming rights contract on the Tennis Stadium which would also offset the costs of this operation. No further action is required. 86 672 of 735 TENNIS CENTER OPERATIONS Amount $145,970 347.920 4,023 36,775 71,718 21,353 -3.803 1,709 11 ,945 $637"10 5,328 4,267 3,053 36.000 31,312 56,132 87 6730f735 l7 ,695 605 5.457 135,062 2,210 143 10,677 400 237 287 558 11,083 ($503 923) Observations: It would appear that some of these costs incurred by the Tennis Center are for the A TP tournament and should therefore be placed in the Tennis Stadium accounts. The Match Point agreement requires that we keep the facilities and courts up to A TP standards and some of these costs are in the Tennis Center. The Tennis Center is being charged an allocated portion of the General Fund general liability insurance in addition to the general liability insurance purchase by JCD Sports which appears to be duplicated except that the City covers the building structures that are not covered by the JCD Sports policy. Recommendations: Since several costs incurred by the Tennis Center are caused by the contractual terms of the Tennis Stadium contract, we would not make any recommendations for the Tennis Center. Follow-up Refer to "Follow-up" for the Tennis Stadium. 88 6740f735 CREDITIDEBIT CARD FEES References: Credit/debit card fee sheets State Statute 215.322(5) Background: The City of Delray Beach allows for credit/debit card payments to pay for certain costs in the following areas: olf courses ennis court.') (Tennis stadium facility, swim and tennis facility) olice Department fees tility bill payments arks & Recreation fees ommunity Improvement fees R (Interactive Voice Response) payments ebsite payments There are numerous fees that are charged to the City for this customer use of credit/debit cards. The credit card companies and banking institutions are charging on average 2.1 % to 3.1 % of the transaction amount as a fee. State statute 215.322(5) specifically allows for municipalities to charge a convenience fee (surcharge) for the use of credit cards without exception (IVR, website, and over the counter transactions). However, VISA does not allow for a specific charge for using their credit cards. Therefore, the State does not accept VISA payments by credit card but does accept MasterCard, Discover Card, and American Express. Findings: The City of Delray Beach currently incurs $175,000 in credit card transaction fees on an annual basis. Many of these fees are over-the-counter and telephone credit card charges, Per State statutes a municipality can charge a separate fee specifically for the use of a credit or debit card. Another option is to consider this a cost of doing business and recover the costs in rates (golf course rates, water/sewer/garbage rates, permit fees, parking fees, etc.). The use of a credit card through the IVR or web site is different in that you may charge a convenience fee. The City of Delray Beach currently incurs about $30,613 in IVR or website transaction fees. There are 7,839 transactions per year. This is about to increase since Parks & Recreation is going to implement their on-line payment systems and Community Improvement is about to begin their IVR service for occupational license business taxes. Oril!inal Recommendation: The City of Delray Beach should institute a charge of $ I .50 as a convenience fee per transaction for the use of the IVR and website services involving credit and debit cards. This recommendation would have resulted in the need to modify our existing software and there was a possibility that we would have to charge a customer account and this 89 6750f735 would mean that a manual adjustment would have to be made to take it off a customer bill or the customer would have had a negative balance on their account. In addition, there were several conflicting statements made between credit card companies, State officials, and the written documents on this subject. Estimated Potential Revenue Increase: 7,839 transactions x $1.50 convenience fee = $11.759 Revised Recommendation: The City should consider "piggy-backing" the State contract or negotiating with the credit/debit card companies to reduce the costs per transaction that we are presently paying. We currently are paying 2.1 %-3.1 % dependent upon location. If we can reduce all of the transaction fees to 2.1 %, this change would probably exceed the value of the original recommendation to charge a customer fee. The revised fee would then be recovered in our rate structures as a cost of doing business. Follow-up Actions The City Manager responded to the original recommendation in a memo to the City Commission dated September 8, 2008. He recommended that we institute the $1.50 convenience fee for website and IVR transactions. The revised recommendation was sent to the City Manager in a memorandum dated October 8, 2008. Treasurer piggy-backed the State contract rates and had this approved by the City Commission in April, 2009. This new rate structure should be implemented in June, 2009. This should result in savines (reduced expenses) of $132.000. No further action is reQuired. 90 6760f735 TRAVEL & TRAINING COMPETITION EVENTS A few departments are budgeted with funds for competition events in their travel & training funds. In light of restricted budgets, it would seem appropriate to review these costs, their total impact on operating costs, and the question as to whether they should be continued in light of the fact that the City may have to cut positions or services to citizens. Rel!ionaJ Combat Challem!e 15 employees, 4 days = $10,333 (overtime and FICA /1.5) or 60 days @ $172.22 or $21.53/hr. Overtime coverage required- $14,400 FICA on overtime coverage- $1,100 Registration- $1,800 Per Diem Cost- $2,280 Lodging- $1,200 Fuelrrolls- $450 $2,500 for maintenance/repair of combat challenge equipment $600 combat challenge T-shirts $10,000 for 10 new sets of combat challenge gear Total Cost = $44.663 Fire Department Advanced Life Support (ALS) Competition 6 Paramedics, 5 days = 30 days @ $172.22 = $5,167 Per Diem Cost- $1,140 Lodging- $1,440 FuellTolls- $80 Total Cost = $7.827 Public Safety Dive Championship 10 employees, 6 days = 60 days @ $172.22 = $10,333 Per Diem Cost- $2,280 Lodging- $2,500 Fuelrrolls- $250 Total Cost = $15.363 Wodd Combat Challenee 10 employees, 6 days = 60 days @$172.22 = $10,333 Overtime coverage required- $19.200 FICA on overtime coverage- $1,463 Registration- $1,200 Per Diem Cost- $2,280 91 677 of 735 Lodging- $3,130 Airfare- $4,500 Vehicle Rental- $1,000 Total Cost = $43.106 New York Fire Department (FDNY) Tunnel to Tower 5K Run 3 employees, 3 days = 9 days @$172.22 = $1,550 Registration- $90 Per Diem Cost- $340 Lodging- $800 Airfare- $800 Total Cost = $3.580 Beach Operations (Life2uards) Lifee:uard Competition Events Only send 1-2 staff to competitions. They are paid only if they are regularly scheduled to work that day. They leave at 3 p.m. and competition lasts until 7 p.m. with minimal cost (approximately 1 hour of salary). If they are not scheduled to work, they are not paid. Personal car use is not reimbursed. Regional and National events require some payment to full-time staff if they are regularly scheduled to work but they cannot earn overtime going to a competition. Part-time staff is called in to cover when travel time is required. May 2,2008 Hollywood Row event- I person after 4 p.m. at no cost May 7,2008 Delray Beach Lifeguard Competition- 8.75 hours overtime May 30, 2008 Delray Beach Basic Life Support- 5 hours comp time June 11, 2008 Palm Beach County Lifeguard Competition- will send 3 staff after 3 p.m. June 22, 2008 Key West 12 Mile Paddle, Ski, Row Competition- off duty employees with only cost being mileage June 27,2008 Boca Raton Lifeguard Competition- will send 3 staff after 3 p.m. USLA Competition- Regionals (Sarasota) July 14-15 and Nationals (California) August 7 -9 will be paid for from Rotary Accounts donation fund. International Clincon Basic Life Support Competition- July 9-10 (Orlando) $920 Estimated total cost of Lifeguard competitions- $2.000 Police Department National Dive Team Forum & Competition 5 Officers, 5 days ($50,000 / 2080 hrs, x 40 x 5) = $4,800 Lodging- 3 rooms @ $J 00 x 5= $1,500 Meals- $38/day x 5 x 5= $950 Gas- $150 92 6780f735 Registration- $2,000 Total Cost = $9.400 Annual Sniper Competition 2 Officers, 5 days = ($50,00012080 hrs. x 40 x 2) = $1,920 Lodging- $75 x 5= $375 Meals- $38 x 5 x 2 = $380 Gas- $80 Registration - $400 Total Cost = $3.155 SWAT Roundup Competition 10 Officers, 5 days = ($50,000/2080 hrs. x 40 x 10) == $9,600 Lodging- $75 x 5 x 5 days= $1,875 Meals- $38 x5 x 10 EE == $1,900 Gas- $200 Ammunition- 14,000 rounds (practice) @$.25/round = $3,500 Registration- $3,000 Total Cost- $20.075 Total Cost- All Competitions = $149.169 Recommendation: The City Commission should consider eliminating all competition events since these costs are not part of the required services provided to our citizens. These costs should be considered before any employee positions are eliminated or important services to our citizens are reduced. Estimated Potential Cost Reduction Total cost of all competitions (including improvements to productivity) == $149.169 It should be noted that these savings are based on the original departmental request and not the actual expenses incurred during the fiscal year. Follow-up These costs for competition events were derived from the original budget requests from the departments. The City Manager reduced some of these budget requests but the detail was not sufficient to tell what items were cut. The Fire Department actually only spent some $8,000 to date on competition events. The FY2009 budget for travel and training was cut by the City Manager due to financial limitations in the overall budget. The City Manager responded to these recommendations in a memo to the City Commission dated September 8, 2008. He stated that the travel and training budgets were reduced and he would defer to the Department Heads to prioritize the spending of the remaining budgets. No further action is required. 93 679 of 735 SPECIAL EVENTS SPIRIT Program Costs The City of Delray Beach currently spends almost $50,000 on the "SPIRIT" program. This cost does not consider the loss of productivity costs for the 350 employees participating in the annual BBQ event where some departments take off a half-day. In light of the fact that the budget shortfalls may require employee cutbacks or basic service reductions to our citizens, employees would expect to see all unnecessary costs reduced before employee positions are lost. Since this is a relatively new program, the Budget Task Force feels that it would not be considered to be a required or necessary program at this time. Cost Newsletter . tin Annual BBQ Buildin rental Catered food Desserts 250 7,000 300 400 400 1,700 3,000 2,000 5,000 600 1,200 18,000 1,500 1,200 3.470 47 ISO Recommendation: Considering the present budget shortfall, the City should consider eliminating the program costs associated with the SPIRIT program as this is a relatively new program that is not critical to the continuation of essential services to the citizens. In addition, in the current budget environment with the loss of the 1 % match program, the freezing of wages and positions, and the possible loss of positions in the upcoming budget, a SPIRIT program is not exactly high on the essential cost list of employees at this time. Estimated Potential Savings: 94 6800f735 The total projected savings from this program would be $47.180. Follow-up The City Manager responded to this recommendation in a memo to the City Commission dated September 8, 2008. In this memo the City Manager recommended we keep the budget at approximately $30,000 by possibly eliminating the Annual Banquet but keeping the Employee BBQ. No further action is required. 95 681 of735 PARKS & RECREATION COLLEGE TOUR PROGRAM COSTS The Parks & Recreation Department has a College Tour program whereby they bus up to 50 students and 8 chaperones around to different colleges. This year the tour went from Florida to Georgia, Tennessee, Kentucky, Illinois (Chicago) and back. The trip is 8 days long and has included stops in the past at different colleges, historical sites, other famous sites, theatres and various theme parks. The budgeted costs for this program exceed $35,000 (not including employee salaries, benefits and overtime). These costs include the bus rental and driver for 200 hours @ $72.59 per hour (24 hours per day), 25 hotel rooms for 6 days @$120 per night, meals for the chaperones. In addition, students are charges $350 each for costs not listed. This receipt of funds does not offset the General Fund costs. They cover additional costs of the students. Three of the current chaperones are City employees. Therefore, in addition to the budgeted costs there would be salary and fringe benefit costs of these employees. This program would not reasonably be recognized an essential City service in light of the current budget conditions with potential for salary freezes, position freezes, lost jobs, and other cutbacks. In addition, this event would appear to have significant liability exposure to the City. Recommendation: This program should be eliminated as a non-essential City service for an estimated savin2s of approximately $40.000. Follow-up Status: This program is included in the Department request for FY2009-2010. 96 6820f735 OTHER ASSIGNMENTS Review of Match Point Amendment No.2 (ATP Champions Tour Tennis Event) In June, 2009, the Budget Task Force was assigned the responsibility to review the Match Point Amendment No.2 for the ATP Champions Tour tennis event. Following the review, the Budget Task Force was to present their observations and recommendations to the City Commission. The following represents a comparison of the original amendment and the revised amendment as negotiated between the Budget Task Force and Match Point: .:. Original 20-year agreement was for $375,000 per year and a 3% CPI for a total cost to Year 2030 to the City of $10,885,000. The Budget Task Force negotiated a 5-year agreement with renewals. The initial 5-year contract could be terminated after 2 years or after 4 years if the sponsorship funds received did not equal or exceed the tournament costs to the City .:. Original amendment included a $75,000 fee to Match Point to administer the CRA funding of $500,000. The City staff negotiated no cost for Match Point to administer the CRA funding .:. Original amendment included a $20,000 fee to Match Point in exchange for allowing the City to pay for the first event over a 4-year timeframe. The City staff negotiated no cost to Match Point to allow for the 4-year time phasing of the first tournament. .:. Original agreement included a 10% fee to Match Point on all sponsorship fees received by the City in order to administer these sponsorships. The Budget Task Force negotiated a 5% fee to Match Point on all sponsorships received by the City. .:. Original amendment included a $30,000 reimbursement to the City from Match Point if the tournament was not televised. The Budget Task Force negotiated a $100,000 reimbursement from Match Point if the event was not televised. .:. Original amendment stipulated that Match Point would spend a minimum of $200,000 on player appearance fees. Budget Task Force negotiated the minimum of $250,000 for player appearance fees. The City is required to make the first payment to Match Point for this tournament on October 1, 2010 which allows the City 16 months to raise sponsorship fees for the first event and make this a fully funded event. The ultimate goal of the City should be to raise 97 683 of 735 sufficient funds to cover the A TP Champions Tour event and contribute and excess to cover costs incurred in the A TP World Tour event. The revised amendment was passed by the City Commission June 16,2009. 98 6840f735 . . .R..t::SOLU lION A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, CREATING THE BUDGET REVIEW COMMITI'EE TO REVIEW THE CI1Y'S BUDGET, SYSTEMS AND PROCEDURES, TECHNOLOGY IMPROVEMENTS OR RELATED MATERIALS AND CONCEPTS AND MAKE RECOMMENDATIONS REGARDING SAME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to establish a permanent volunteer Budget Review Committee consisting of nine (9) members (seven (1) regular and two (2) alternate members) to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding these issues; and WHEREAS, the City Commission desires to establish this Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby agrees to appoint a Budget Review Committee with the qualifications that meet the requirements as set forth below: A. Budget Review Committee Member Requirements: 1. All members shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. 2. At least five (5) of the members on the task force shall have one (1) of the following qualifications: a. Certified Public Accountant b. Accounting Professional c. Finance Professional d. Certified Financial Planner e. Investment Advisor f. Insurance Professional (property/casualty or health) g. Business OWIler/Manager/Officer h. MBA or MP A degree The remaining four (4) members may be at large. 685 of 735 . . Section 2. That the Budget Review Committee shall be responsible for reviewing the City's budget, systems and procedures, technology improvements or related materials and concepts and shall make written I recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget or financial condition to the City Commission. PASSED AND ADOPTED m regubo< .",,= on tho 6TH ...~~ Attest: ~~~~. City Clerk ~~"',,,".. 2 RES. NO. 55-09 6860f735 Page 1 of 1 ~~ Op (.I 0........ % ~ u ~ AI )' " ...'" MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 1, 2009 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF OCTOBER 6. 2009 RESOLUTION 55-09 ITEM BEFORE COMMISSION Resolution 55-09 establishing the Budget Review Committee. BACKGROUND The attached resolution establishes the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding these issues. RECOMMENDATION Commission approval of Resolution 55-09. http://miwebOO II AgendasIBluesheet.aspx?ItemID=2695&MeetingID=220 10/7/2009 687 of 735 RESOLUTION NO. 55-09 A RESOLUTION OF THE GTY COlvtMISSION OF THE GTY OF DELRAY BEAm FLORIDA, OtEATING THE BUDGET REVIEW COlvtMITIEE TO REVIEW THE OTY'S BUDGET, SYSTEIv5 AND PROCEDURES, TEOiNOLOGY IMPROVEMENTS OR RELATED MATERIALS AND CONCEPTS AND MAKE RECOMMENDATIONS REGARDING SAME; PROVIDING AN EFFECI'lVE DATE. WHEREAS, the Oty Conunission of the Oty of Delray Beach, Florida, cEsires to establish a permanent volunteer Buiget Review Committee consisting of nine (9) rrerrbers (seven (7) regular and me (2) alternate rrerrbers) to review the Oty's budget, system; and procedures, technology improverrents, or related materials and concepts and make recomrrendations ~ these issues; and WHEREAS, the Oty Commission desires to establish this Btdget Review Committee to review the Oty's budget, systems and procedures, technology inpuverrents, or related materials and concepts and make recomrrendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably imprt the Oty's buiget and overall financial condition NOW, THEREFORE, BE IT RESOLVED BY THE OTY COlvtMISSION OF THE OTY OF DELRAY BEAGI, FLORIDA, AS FOLlDVVS: Section 1. That the Oty Commission hereby agrees to appoint a Budget Review Committee with the qualifications that m.'et the requirements as set forth below: A Budget Review Committee Member Requirements: 1. All rrembers shall be residents of or OWl property in the Oty, OWl a business within the Oty, or be an officer, director or manager of a bl5iness located within the Oty. 2. At least five (5) of the rrerrbers on the task force shall have one (1) of the following qualifications: a Certified Public Accountant b. Accounting Professional c. Finance Professional d Certified Financial Planner e. Invest:mnt Advisor f. Insurance Professional (property/casualty or health) ~ Business Ow1er/Manager/Officer h. MBA or MP A degree 6880f735 The remaining four (4) rrerrbers may be at large. Section 2. That the Budget Review Committee shall be .Te:SfXlI\Sil>le for reviewing the Otis bu::iget, systems and procedures, technology improvem:nts or related materials and concepts and shall make written recorrurendations ~ revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other func5 or any other items that may favorably impact the Otis btdget or finandaI. condition to the OtyCornmission PA'3SED.AND ADOPTED in regular session on the_ day of .2009. MAYOR Attest: GtyOerk 2 RES. NO. 55-09 6890f735 RESOLUTION NO. 58-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING RESOLUTION 55-09 WHICH CREATED THE BUDGET REVIEW COMMITTEE IN ORDER TO CHANGE THE NAME TO THE FINANCIAL REVIEW BOARD AND TO EXPAND THE RESPONSIBILITY OF THE BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to rename the Budget Review Committee to the Financial Review Board in order to be more in line with the responsibilities and functions of the board; and WHEREAS, the City Commission desires to expand the responsibilities of the Financial Review Board to not only include the review of the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition, but shall also include analysis of revenues and expenses and business practices and processes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. Review Board. That the Budget Review Committee shall hereinafter be renamed to the Financial Section 2. That the Financial Review Board shall be responsible for reviewing the City's budget, systems and procedures, technology improvements or related materials and concepts and shall make written recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget or financial condition as well as analysis of revenues and expenses and business practices and processes. ~ PASSED AND ADOPTED in regular session on the L day of 2009. {\.. A ttes t: ~L..'~'~ ~~._\ City Clerk 690 of 735 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 29, 2009 SUBJECT: AGENDA ITEM g.G. - REGULAR COMMISSION MEETING OF NOVEMBER 3. 2009 RESOLUTION 58-09 ITEM BEFORE COMMISSION Resolution 58-09. BACKGROUND The attached resolution amends Resolution 55-09 by renaming the Budget Review Committee to the Financial Review Board and to provide that the board's duties shall also encompass an analysis of the revenues and expenses and business practices and processes of the City. RECOMMENDATION Commission approval of Resolution 58-09. http://www.mydelraybeach.comlAgendas/Bluesheet.aspx?ItemID=2782&MeetingID=223 11/4/2009 691 of735 RESOLUTION NO. 58-Q9 A RESOLUTION OF THE OTY COMMI$ION OF THE OTY OF DELRAY BEAGL FLDRIDA, AMENDING RESOLUTION S5-09 WHICH ~ATED THE BUJ:X;ET REVIEW COMMITTEE IN ORDER TO OiANGE THE NAME TO THE FINANQAL REVIEW BOARD AND TO EXPAND THE RESPONSlBIUTY OF THE BOARD; PROVIDING AN EFFECTIVE DATE. WHEREA5, the Oty Commission of the Gty of Delray Beach, Florida, desires to renarre the Bu:.iget Review Committee to the Financial Review Board in order to be Jrore in line with the responsibilities and functions of the board; and WHEREA5, the Oty Commission desires to expand the re5}Xlnsibilities of the Financial Review Board to not only incltxle the review of the Oty's bu:Ig.:!t, ~ and procedures, technology inpuverrents, or related materials and concepts and make recommendations ~ revente>, salaries and benefits, operating expemes, debt service expenses, capital oul:lay, grants to other entities and transfers to other fund; or any other items that may favorably impact the Oty's blXiget and overall financial condition. but shall also inclu:le anal}'Sis of revente> and expenses and bminess pr<dices and processes. NOW, THEREFORE, BE IT RESOLVED BY THE OTY COMMISSION OF THE OTY OF DELRAY BEAQ-L FLDRIDA, A5 FOllOWS: Section 1. Review Board. That the Budget Review Committee shall hereinafter be renatred to the Financial Section 2. That the Financial Review Board shall be responsible for reviewing the Oty's bu:.iget, 5}5tems and procedures, technology inpuvermlts or related materials and concepts and shall make written recornrrendations ~ revenues, salaries and benefits, operating expenses, debt service expenses, capital oul:lay, grants to other entities and transfers to other fund; or any other items that may favorably impact the Oty's bu:Jget or financial condition as \o\ell as analysis of revenues and expenses and business practices and proce$eS. PASSED AND AOOPfED inregularsessiononthe_ day of .2009. MAYOR Attest: OtyOed< 6920f735 Financial Review Board I The City of Delray Beach 3/28/105:15 PM City of Delray Beach Financial Review Board Financial Review Board Purpose The Financial Review Board will review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. Meetings Meetings are held on the 1st and 3rd Tuesday at 8:30 a.m (Calendar) Staff Contact Barbara Flynn, 243-7115 Board Membership The committee shall consist of nine members (seven regular members and two alternate members) appointed by the City Commission. Qualifications All members shall be residents of or own property in the City; own a business within the City; or be an officer, director, or manager of a business located within the City. At least five of the members on the task force shall have one of the following qualifications: . Certified Public Accountant . Accounting Professional . Finance Professional . Certified Financial Planner . Investment Advisor . Insurance Professional (property/casualty or health) . Business Owner/Manager/Officer . MBA or MPA degree The remaining four members may serve at large. h ttp 'II www.mydelraybeach.com/Delray/Boards+and+Commillees/Financial+Review+Board/default.htm Page 1 of 2 6930f735 Financial Review Board I The City of Delray Beach 3/2B/10 5:15 PM Board Members Member Term Ends Howard Ellingsworth July 31,2010 Todd L'Herrou July 31, 2011 Robert Moore July 31, 2010 Yvonne Walker July 31, 2011 John Warner July 31, 2010 Brenda Durden July 31, 2010 Christina Morrison Pearce July 31, 2011 Alternates Member Rosalie Blood Warren Trilling Term Ends July 31, 2011 July 31, 2011 Delray Home> City Home> Boards and Committees> Financial Review Board MyDelrayBeach.com @ 2010 City of Delray Beach. All rights reserved. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. http://www.mydelraybeach.com/Delray/Boards+and+CommitteesIFinancial+Review+Boardldefault.htm Page 2 of 2 6940f735 FINANCIAL OVERSIGHT COMMITTEES jMUNICIP ALITY BOARD/COMMITTEE CREATED VIA NAME i Lakc Worth finance Advisory Board Ord. No. 2010-003 : 2/16/1 0 ._i -. I Financial Advisory Board Boca Raton Ord. No. 2190 (creating) ! GIl 0/7 5 Ord. No. 3885 (rev.) 11/13/90 . Delray Beach Financial Revicw Board Rcso 55-09 10/6/09 Wilton Manors Budgct Review Advisory Reso No. 1744 Committee Board 511 0/94 Coral Springs Financial Advisory Committee (Obtaining enacting I document) I Fort Laud'Na!, Budget Advisory Board Ord. No. C-96-62 (creating) 1l/5/96 " I Ord. No. C-02-44 (amending) , 12/17/02 , , -' ..-- Pompano Beach Budgct Review Committee Reso. No. 2008-155 , 4J8JOB I I Loxahatchee Groves Finance Advisory and Audit .~ Rcso 2009-008 (crcating) Committee I 5/19/09 Reso 2009-14 (rcname) -. - - 7/21/09 Reso 121,2004 (creating) Palm Beach Gardens Budget Oversight Committee 6/3/04 Reso 64,2006 (re-establh.ih) 6/15/06 Reso 53, 2008 (re-establish) I 6/19/08 6950f735 THE FOLLOWING CITIES WERE POLT ,ED BUT HA VE NO BOARD. South Palm Bea\.:h - No Board Parkland - No Board Margate - No Board Hollywood - No Board Hallandale Beach - No Board Miramar - No Board Plantation - No Board Sunrise - No Board Cooper City - No Board Lantana - No Board Wellington - No Board Royal Palm Beach - No Board North Palm Beach - No Board Tamarac - No Board North Lauderdale - No Board Oakland Park. . No Board Pembroke Pines - - No Board Coconut Creek - No Board Lighthouse Point - No Board Highland Beach - No Board Deerlield Beach - No Board We:;L Palm Beach - Had Budget Review Advi::;ory Committee. No longer has a committee. Oispanded 2 or 3 years ago. 6960f735 201 O~03 ORDINANCE NO. 2010-03 OF THE CITY OF LAKE WORTH, FLORIDA, CREATING A NEW CHAPTER 2, ARTICLE XVII, SECTION 2-130 THROUGH 2-135 OF THE CODE OF ORDINANCES TO ESTABLISH THE CITY OF LAKE WORTH FINANCE ADVISORY BOARD; PROVIDING THE PURPOSE, DUTIES, MEMBERSHIP AND MEETINGS OF THE BOARD; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Commission to solicit the recommendations of a group of citizens regarding the City's budget. NOW THEREfORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAKE WORTH, FLORIDA, that: Section 1. The City creates a new Article XVII and Sections 2-130 through 2-135 of Chapter 2 of the Code of Ordinances to read as follows: Chapter 2 AOMINISTRA TfON *** ARTICLE XVII. CITY OF LAKE WORTH FINANCE ADVISORY BOARD Sec. 2-130. Creation of Finance Advisory Board: advisory function. There is hereby created and established the City of Lake Worth Finance Advisorv Board to serve in an advisory capacity to the Ci~ Commission and the City Manaaer. The Board shall serve to promote transparency in the City of Lake Worth's budaet process and allow for additional citizen input on maior financial decisions. The Board shall consult with and advise the City Manaaer and the City Commission in matters affectina the annual operatino budoet. capital improvement program and all financial policies. Sec. 2.131. Duties. It shall be the duty of the Finance Advisory Board to review and make recommendations to the City CommissioneJs reQarding the City's annual budaet and capital improvement proaram and perform such other duties and assiQnments as reQuested by the City Commissioners or the City Manager, includino but not limited to the followino: .1. Review and recommend action relatino to the City's Comprehensive Annual Financial Report (CAFR), audits, investments and bond or other debt related 6970f735 Pg. 2, Ord. 2010-03 instruments to be issued by the Citv. '" Review and make recommendations on the rates and fees charaed for City services. ~ Review and make recommendations on the City Manager's proposed annual budaet. ~ Review and make recommendations on the City's !2roposed annual capital improvement proaram. Sec. 2.132. Membershi~. (a) Number and composition of Board The Finance Advisorv Board shall consist of seven (7) members. Board members shall serve without compensation. (b) Appointment and terms of members. 1. The City Commission shall appoint seven (7) resident members. Initially the Commission shall appoint two (2) members to each serve a one year term, two (2) members to each serve a two vear term and three (3) members to each serve a three year term. Followina the initial appofntment of members to the Board. the City Commission shall annually appoint persons to fill the positions of members whose terms have expired. Members of the Board so appointed shall selVe three year terms. 2. Members of the Board serve at the pleasure of the City Commission and may be removed from the Board for any reason. 3. If any member of the Board shall fail to be Dresent at three (3) consecutive reaularly scheduled meetings or at twenty (20) percent of the regularly scheduled meetinQs of the Board held within any 12-month period. the city clerk shall declare the member's office vacant, and the City Commission shall promPtly fill such vacancy. 4. If the position of a member becomes vacant for any reason, the City Commission shall appoint another person to serve the unexpired term of the vacated position. (c) Qualification of members. Whenever possible, the City Commission shall appoint members to the Board who have demonstrated expertise, traininCl. education or experience in finance, accountinQ, business or related fields and are broadly representative of the social. racial, reliaious, IinQuistic, cultural and economic oroups comprising the population of the City. 6980f735 Pg. 3, Ord. 2010.03 Sec. 2-133. Election of Board officers. The Board shall elect its officers for a tenn of one calendar vear, not to exceed the member's appointed term. @1Chairoerson - Presides at meetings of the Board and makes presentations. written and oral. on behalf of the Board to the City Commission and the City Manaaer. {QlVice-Chairperson - Performs the duties of the ChairQerson in his/her absence. {flSecretary - Records the minutes and attendance at each meeting. Sec. 2-134. Meetings. (a) The Board shall meet as necessary or as requested by the City Commission or the City Manager. (b) A Quorum for the conduct of business by the Board shall be not less than four (4) members of the Board. (c) A maiority of the members of the Board oresent at a meeting shall be necessary to make a determination reQuired bv the Board. (d) MeetinQs of the Board shall be open to the public, and minutes shall be keot. A public record of the Board's minutes and resolutions shall be maintained and made available for inspection by the public. Sec. 2-135. Duties of the City Manaaer. It is the desire of the City Commission that the Board be empowered and enabled to provide mean inQfu I advice and recommendations to the City reQarding budaetary matters. To that end. the City Manaaer or designee is directed to provide guidance and assistance to the budQet review as is necessary for the Board to accomplish its duties. The City ManaQer or desianee shall act as liaison with the Board. Section 2. Section 1 of this Ordinance shall be codified. Section 3. This Ordinance shall become effective ten (10) days after passage. 6990f735 Pg. 4, Ord. 2010-03 The passage of this Ordinance on first reading was moved by Commissioner Jennings, seconded by Vice-Mayor Golden, and upon being put to a vote, the vote was as follows: Mayor Rene A. Varela Vice Mayor Jo-Ann Golden Commissioner Cara Jennings Commissioner Suzanne Mulvehill Commissioner Scott Maxwell AYE AYE AYE AYE AYE The Mayor thereupon declared this Ordinance duly passed on first reading on the 2nd day of February, 2010. The passage of this Ordinance on second reading was moved by Vice Mayor Golden, seconded by Commissioner Jennings, and upon being put to a vote, the vote was as follows: Mayor Rene A. Varela Vice Mayor Jo-Ann Golden Commissioner Cara Jennings Commissioner Suzanne Mulvehill Commissioner Scott Maxwell AYE AYE AYE AYE AYE The Mayor thereupon declared this Ordinance duly passed and enacted on the 16th day of February, 2010. LAKE WORTH CITY COMMISSION By: Rene A. Varela, Mayor ATTEST: Pamela J. Lopez, City Clerk 7000f735 "1' i~"~'. GJI"--~) ~~ .._;/1 ~~ ~.. Rcvi!lca ~.,Ni, \.)> ..... .. ~ ORDINANCE, NO. 2190 AN ORO!NANCE OF THE CITY OF BOCA AATON AMENDING CB1'IPTER 2 OF THE CODE OF ORDIN- ANCES ENTITLED ADMINISTRATION; ADDING NEW ARTICLE IVA ESTABLISHING A FINANCIAL ADv;rSORY BOARD, DEFINING THE' BOARD'S COM- ~OSIT10N. OUTIES AND POWERS; 'STATING BOARD ACTIONS ADVISORY ONLY WHEREAp. the City Council of the City of Boca ~~ton deems it neceasary and desirable to estQblish a Financial Advisory Board: now therefore, THE CI'I'Y OF BOCA WIlTON HEREl3Y ORDAl:NS: Section 1. Th~t Chapter 2 of the 'Code of Ordinances en- titled Administration i3 hereby amended by the addition of New Ar- ticle IVA to read as followS: Article IVA, Fin~ncial Advisory Board. A. C~rnoosition. A Finanei?l Advisory Board is hereby eliltabliGhcd, consi.ati,n'g of five (5) re9ulll.r mem- bers, each of ~hom shall be appointed by the City Council fOT a te~ of three years. B. Te~ of Office. Of th~ members first appointeQ to the Board, two (2) shall sorve for one (1) ;' year, two (2) shall serve two (2) years, and lone (1) Ghall serve for three (3) years. There- after, members shall be appointed for three (3) . year terms. C.' Q.ualifieationsJor Membership'. MeJT1bQrs of the '~oard.shall be appointed fro~ the residents and electors of the City and shall be known to havQ expertiGe upplicable to muni~ipal finance. D. QuOrum, Three (3) memberG in attendance shall con- stitute a quorum of the Board. E. Vacancies. Vacanciee On the ~oard shall ~ filled by appt:.;.ntme:lt of the COl.lncil for the .,mexpired term of the membership vacated, F. ~moval. The City Council shall navQ the ~uthor- ity to remove any member of tho Beard from office .Ear cause whenever, after notic~ and heaj:i,ng as provided elscwhere in the Code of Ordinances, a majority of the Coancil vote for such removal. G. COll\\;!ensation. Tho members Of the Boar;;! 5hu),1 serve without cCIl1pl!nstd:':io'n.:!:' 7010f735 " ...~ r\ . ;/ ~I' /,....\., .>. H. Mectinqs, Oates. Procedures. Records. The Soar~ shall select its own Chairman, Vice-Chairman and Secretary at an elect~on beginnin9 at the date of organi2ation and annually. thereafter. The Board shall adopt reasonable rule~ of procedure to gove~n the conduct of its business and the holding of hearings. .At least one (1) regular meeting of the BO~rd shall be held each quarter of the fisenl year and speciul meetings may be cl\llcd by the Chairlll4ln or any throe '(3) membera of the Board. Action by or decision of the Board shQll bQ determined by motions duly moved' and seconded and carried by a majority vote of the members present. The Soard shall keep a ~rmanent record of its proceedings, and shall f~le approved minutes of itam~tings;with the .C'ity'Council"'\\rithirl thirty..,(30) days of the date of any suCh me~ting. All meetings, rec~~ds and files of the Boa~d shall be open and ~vail~ble to the puJ:>lic" 'r. ," Assistance' frbill other Acrenci4!!s and Bonrds. The Director of Finance snal1 advise and assist the Doara in all its deliborations on matters of fin~nce. The Cit.y Manager IIhall provide such staff and'clerical assistance as t.he Board may require in the performance of its duties. The Board may call upon any depar.tment.o~ agency of the City for information or advise in the promo- tion of its work. The soard, on Council approval, may accept.grants or other monetary or phYSical assistance to aid it in its work. J. Duties and Powera. The Financial Advisory Board. shall have the foLlowing duties, powers and re- spons ibili ties; 1. To annually study the City Manager's proposed City budget and capital improvement program prior' to aubmission to City Council. The City ~nager shall forward both the propo~ed Capital Imp~Qve- ment PrQ9'ram and the Sudget to be ..<!icei ved by the Board at least three (3) week prior to th~ sub- mission date to City Council. 2. To study each of the City Manager's quarterly .5udgct and Capita.l ImproV0ment Program status re- ports prior to Bu~~ssion t~ City Council. The City Manager shall forward b~th re~orts to be re- ceived ,by the Soard at le~st three (3) weeks prior to the submis$i~n date to City Council. The Board shall then submit writ~en comments ~nd rec- .~ ornmendationB to the City Manager for attachn~nt to the report copies submitted to City Council. 3. '1'0 I1nnuftlly study the status' of all City speci.al and reserve funds. .The Director of Finance shall submit a comprehensive report to the Board on or before July 15th of each ye~~ specifying the status of the funds as of June..3D. The Board -~- 702 of 735 r\ .....:\ ~. /. . " ,.iiI .'" -; ~hall then subffiit written comments ana recom- mendations to the City Manager for att~chment to the report prior to its submission to City Council on or before August 15th. 4. To annually roview all rates and fees eharged for City services. The Board may submit written comments and ~ecommendations,to be reeeiv~d by '~he City Manager and City COuncil each yea~ on or llbout May 1st. 5. To review, wh~n tho City Council deems it ad- visable. proposed assessment rolls. Th~ ~oard shall respond to such 1.1 City Co\U'lci1 request by submitting writt&A~pts and rec~e~d~tions within twenty (20) days of receipt of the roquest. 6. To review the annual financial audit report of the City's f.isc~l status, practices and pro- cedures. Copies of the ~ort shall be forwarded by the City Manager to the Board promptly after receipt from ~he Auditor. The Bo~rd shall pro- vide its comments and~reeo~ndations to the City Manager and City Couneil within ten (10) days aftor receipt of the audit report from the City Manager. 7. To submit a written recommenoation to'City Council for all proposed bond iSSUes and refund- ing agreements. B. . To submit: written recollll1lfi,ndations pr;i.or to formal C;i.ty Council acti,on for all 'proposed eon- tracts indebting the City for a period extending beyond the end of the current City Council year; that. i5, March 1st. C~fi'.. To review, when the City Councilor City Manager deems it adv~sable, tbe fiscal notes pre- . pared for'proposed ordinances and resolutions in- volvin9 significant financia+ consideration. The BOard shall respond to such City Council re- \qpeB~8 with written cornmentsand recommendations within ten (10) 'Clays of recej,.pt of such requests from the City Manager. 10. To perform special studies upon tbe Bo~rd's own initiativQ or upon the request of the City Council on matters that eould either directly or potentially have financial i~pact upon the City or could p~ovide f~nancial aid or assistance to the City. Sucb studies may include, but not bo limJ.te<;l to, proposed l.egisllleiol', programa, poli- cies, or re~ll~tions of other governmental bodies or Ilqencies. K. BQardAction Adyisorv OnlY. Except as may be speci- ficall,y prOVided by other ordin21necs of the City, the actions, decisions and recommendationS of the f'inanciul Advisory Board ~s~..p not be final or bina- ing on the City Co~ncil b:~~~shall be advisory only.. Scctiol' 2. ! That all ordinances o~ parts of Ordinances in -3- 7030f735 (t. oo ,.. '~ . (I~ ~onflict herewith are hereby repealed. 'Section 3. 'rhut &pcciflc authority to codify this ordin- ance in the City. Code of O~dinances is ~~rebY grantad. ATTE~'l'~ ...........,,~..ft~.:-~~..:~.;:::r~,~ . :";' .-....~/,-~/J A.....d7~_. / j ........... . ~u:<''<!~v.J...:c. ~..-v-........--<./ g ~."];;ou~~e"....~.\::9w,.~n5, City Clerk \? r' ~ :~~t~.~J CITY OF BOCA RATON, FLORIDA ~!.~ Byrd F. Mar'B:J:la 11. Mayor INmeOUCED BY Huon...ns ,T'I""""e. 1 n , a.,~ ,":.!f..LIC HE:AflING i.:JQPTED ...:, '1'. :', ~ ': 7040f735 . . ORDINANCE NO. 3865 2 3 AN ORDINANCE OF 'l'1Il:: CITY OF BOCA RATON 4 RELATING TO THE FINANCIAL ADVISORY BOARD; AMENDING SUBsSCTIONS (~I, Id) ANP (h) OF SECTION 2-201, CODE OF ORDINANCES, REGARD- ING THE COMPOSI'l'rOI\' AND QUORUM OF 'rH~ ~INANCIAL ADVISORY BOARD; PROVIDING rOR COOIF!CA~ION; PROVIDING AN ~rFECTIVE DATE 5 6 ? a 9 10 11 12 THE CITY OF BOCA RATON HE~BY ORDAINS: 13 Section 1. Subsections la), (dl and Ih) of section 14 2-201, Code of Ordinances, are amended to read, 15 DIVISION I. ~INANCIAL ADVISORY BOARD 16 17 Section 2-201. Rules and Regulations. la) Composition. A financial advisory bOard is hereby 18 established, cons~stin9 of ~ f~~e regular members, each of 19 whom !Ohall be .;l.ppointed by the city council for a term of 3 20 years. 21 (d) Quorum. Four three-ofiH- members in attendance shall 22 constitute a quorum of the board. 23 (hI Meeting-s, dates, procedur~s, records. The board 24 shall select its own chairman, vice-chairman and secretary i1t 25 an election be9:!.nning at the date of organiZAtion and annually 26 thereaf.ter. The board shall ..doPt re.u;onable rules of pro- 27 cedure to goveJ:"1l the conduct of its bUEllness and the holding of 28 hearings. At least one (1) regular meeting of the board 5h~11 29 !:>c held each month amI spacial meetings tIlay be oalled by the 30 chairm...n or any fou. tl'l..ee--t3l- members of the board. Action by 31 0," decision of the board 51'1...11 be dotcrmilled by motions duly 32 moved and seconded and carried by n majority vote of the 33 34 35 -1- 7050f735 18 19 A'!'TEST: 20 21 22- 23 24 25 26 2.7 28 2.9 30 31 32 33 34 35 "UlII'110 . . membet's present. The board shall keep a permanent reoord of 2. the proceedin9s, and shall fil" approved minutes of its meet- 3 ings with the city council within thirty (30) d~YG of the date 4 of any such meeting. ...11 maetings, .ecords and tl1es of the 5 board shall be open and available to the public. 6 Section .'2, l'WO addi tion,,-l members of the board 7 appointed pursuilnt to this or.dinance shall serve until B August 26, 1993, From and aEtcr that date, the appointments 9 sh~ll be for a three-year period, pursuant to subsection (hI of 10 section 2-201, Code of Ordinances. 11 Section 3. Codification of Section 1 of this ordin~ncc 12 is he.eby authori"ed and directed. 13 Section 4. This ordinance shall take effect immediately 14 upon adoption. 15 PASSED AND ADOPTED by the City Council of the City of 16 Boca Roliton this ~a't of ~ , 1990. 17 CITY 0" BOCA RATON, FLORIDA c.---/~ # O~ Em~l F. Oanciu, Kayor -- ..... .... ., hpproved as to form: ~~S5~~ Frank S. Bartolone City Attorney OBl1/90206 -2- 7060f735 r . ~ ~uronDNNU. ".)-(hI A RESOLUTION OF THE Ct1Y COMMISSION OF THE ClTY OF DELRA Y BEACH, FLORIDA, CRRUING THE BUDGET REVIEW COMMlTrEE TO REVIEW THE CITY'S BUDGET, SYSTEMS AND PROCEDURES, TECHNOLOGY IMPROVEMENTS OR RELA TED MA TERlAI.s AND CONCEPTS AND MAKE RECOMMENDATIONS REGARDING Si\.ME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, dc~irc:s to establish a pet~~nt volunteer Budget Review Committee consisting of nine (9) members (seven (7) rr.:gular and two (2) ,uternate I members) to review the City'S budget, systems and pro<::edures, technology improvements, or related materials and concepts and make recommendations regarding thesc issues; and WHEREAS, the City Commission desires to establish this Budget Review Committee to teviC'W the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations zegal'ding revenues, salaries and benefits, Opelllting expenses, debt service cxpc:ases, capital out:by, grants to other entities and transfers to other funds or lU1Y other items that may favorably impact the City's budget and overall financial condition. NOW, THEREFORE, BE IT RESOLVED BY THE CITI' COMMISSION OF THE CITY OF DELRA Y EEACH, FLORIDA, AS FOllOWS: Section 1. That the City Commission hereby agrees to appoint a Budget R(:vil,.'W Committee with the qualificacons that meet the requirements as &ct forth below: A. Budget Review Comminee Member Requirements: 1. All members shall be residents of Or own property in the City, own a business within the City. or be an officcl, director or manager of a business located within the City. 2. At least five (5) of the members on the task force shall have one (1) of the following qualifications: a. Certified Public Accountant b. Al;counung Professionril c. Finance Professional d. Certified Financial Planner e. Investment Advisor f. Insurance Ptofessional (property/casualty or health) g. Business Owner/Manager/Officer h. MBA or MP A degree 'The tc:t1laining four (4) members may be at large. Ii 7070f735 I. . . ._-~-,. Section 2. That the Budget Review Committee shaU be ~esponsib!c fOI reviewing the City's budget, systems and procedure~, technology improvements Ot related materials and concepts and shaU make written recorrunendations regarding revenues, salaries llnd benefits, openttng expenses, debt scnrice expenses, capital outlay, grants to other entities and mnsfer.; to other funds o~ any other items that may favorably impact the City's budget or financi2.l condition to the City Commission. PASSED AND ADOPIEO;" _'" '~.on on ,h, 6~ d'~~ Attest: ~.~.~~~. ~~~.~~ City Qcrk 2 RES. NO. 55-09 7080f735 : f a...J I{ u f Cl- ( ( R ESOLU'tION NO. 1"44 ^ RESOLUT!ON ESTABLISHING TKS BUDGE~ REVIEW COM~ITT~E; O~ttNING THE COMMITTEE'S PURPOSE: AND GUIDELINES FOR ITS FUNCTIONS; SE'rTING TF.,Rl'lS 01' ^l;'l'OlN'l'MEN'l' FOR COMMIT'reI>: MEMBERS; ^NO PRovIDING fOR AN EFFECTIVE DATE. WHEREAS. the intereatG ot tho community of th~ City of Wilton Manors, Florida. may b~6t be sQcved by a current ana resp~ns1ve City Budget; and WHE:REAS, 'there have occurred Pl"OIlli,nent, :lubfltantial and neCllo:lSary moditications relllt.1ng to expenditures during the current fiscal year ~UQget procesn; and wHEREAS. the cu~rent economy of the City, State and nation dern<lnds c<'Jntinuous llcrutiny. input (lnd attantion by professionals and concerned citizenS; and WHEREAS. a r.eview ot thllo budget durin9 the current fincal year coula best facilitate a more r~sponsivc, effective. efficient ~nd fca~ible budqet policy; NOW THEREFOR!;;, ~m I'r RESOLVED by the City of Witton Manors. Florida. that a 6udg~t Roview Committee be efltabllsheO during the current ~iscal year to consider nubstantive POlicy i~sues as tney relato to both the Current and Proposed Operating Budqets and the Seven Year Expenditure Projection~. B~ 1T FURTHER RESOLVBD that the follOwing quideline~ are hereby adoPt~d with regard to th~ establishment of the Budget Review Committee. ~Jt~_l~ The Budqet Revie~ Committee shall serve in an advico=y capacity to the City Manager a~ ~ City Council. page (1) 709 of 735 (' ( Sec~ion 2. In order that the Committee's ertorts yield maximum resultS. ~ll work shall be coordLnated through the City Manager or his or n~r dOGignec. The Comm1ttee's work should be compl~ted und submitted to the City council toq~,her wjth the Ci~y Manager's propoGcd budget. Section 3. There shall be riVA (51 members of the Budget Review Committee, City Council shall appoint two members tor initial terms of twelve (12' months and three ~embers for inltl~l t~rrns of twenty-tour (24) months, At the expiration of the initial tormG. all reqular appointments thereafter for all member~ shall be for terms ot twenty-four (24) month~. Not."witnBt"nding any of the provisions hereof. all membel:"S of the Budget Review Commit~ee shall serve at the Dle~6ur~ of the City Council. rn the event o'l vacancy !;hall occur in t.he Budget Rev:i.ew committ.ee. t.he City Council shall. ",itM.n thirty (30J aays from the date aC such vacancy, appoint. a person to till the unexpired Dortion of that term." Section 4. TOP. rUnctlon of the Budget Review committee cball be to review substant:ve polley lSsuec as they relate to both the Current and Propooed Operating Budgots, an~ t"e Sev~n Ye"l" expendi ture Pro jeet i ens. A. specific issues to be ~ddre!;sed by the Budget Review Committee with regard to the Current and ProPQsed Operating Budgets ohall consist of, but not be LLmited to, the followinq: pa9<1 (2) 710 of735 r (" (1) Review of the City's fiscal policy ~nd any proposed changeG to said poliey, (2) Review of property tax M~llagQ and any proposed increase or decreaSe in said ta~ mileage. (3) Review of user fees and/or fees for services ren~ered by the City: rccommendbtions as to any propo5ed increases or decreases in sold f",os. (41 Review of service levels hod prior~tie$: recommendations as to Dny chan~e$ in said levels and prior1ties which would be mote responsive to the cltY'a noeds, (5) Review the tormat of th~ current Opetating Buc;lget: a. undcrGtandabllity - i.e-, is the buc;lget simple and easy to understand? b. Ut>abil..ity - i.e., can "1\ l.nterest.ed citizen after reviowing the document answer basic questions as to how his or lIer t.ax dollarG are being used? a. Specif1c issues to be addressed by t.ht eudgct. Review Commit.tee lJi'tn t:'egard to the Seven Ye". !;;xpcnditure ~t:'ojcct.ions would be as (ollOws: (1) Review of all projcc"ts 'H!hcduled for the upcominG fiscal year. (2) Review of. ~ll projecto for the er.~uing fiscal yellrs. (3) Review ot proposed met.hods of fun~inQ; recommendation~ on proposed methods of funding. (41 R~cOmmcnctat.ions as to t1minQ of specific projocts, i.e., delay, delete. and/or acc~lerdte. page (3l 711 of735 r S"<;1t. iOn 5... That this resolution shull beCOln~ eft"ct:i,v~ ( immediately upon its passage, Passo-d this IO~day Of~_199>t. A'1"fES'l': r?_~/).~ ~---o:sc~ i I CITY CL,Y-Ill< p:lg" (4l 7120f735 .. COUNCIL vo't'f:; nOR!:: - AYE O'GORMAN - AYE PR-''T'T - AYE SEnSE - "YS WtLl\Il'fSON - AYt!; -- ~_""I.l> ORDINANCE NO. C-02-44 AN ORDIN~CE OF THE ClTY COMMISSION OF THE Cl~ OF FORT LAUD!RDA~E, FLORIDA, AMgNDING ORDINANCE NO. C-96-62 WHICH CREATED THE BUDGET ADVISORY BOARD TO AMENP THE DATE ~. BOARD .,..E~J3E~' S TBRM..OF.._ OFFICE BEGIN"S- ANtlTb AMEND THE DIlTE THE TERM OF OFFICE ENDS FOR EXISTING. BO~ MEMBERS TO CQ1Nr.rDR WITH THF. CITY'S FISCAL YEAR. WHEREAS, pursuant to Ordinance No. C-9G-62, adopted on November S, 1996. the City commission created the Budget Adviaory Board ("Board"); and WHEREAS, the.term of appointment was one year beginning on the date of the appointment; and WHEREAS. the appointments were made in November which falls between the beginning and end of the City's fiscal year; and WHEREAS, the Board believes that. they could better serve the City Commission if their terms coincided with the City'S fiscal year; NOW, THEREFORE, eg IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PORT LAUDtRD~E, FLORIDA: SECrlQ~ 1. That subsection C. of Section J. of Ordinance No. C-96~62 shall be amended as follows: SECTlON J. Memborehip. C. The term of the appointments to the Budget ~dvisory Board shall be for one (1) year f1.v.1'I tt.", date. of appo;h.t..,.....t beQinnins; Octobpr 1 of ea~.l1 year. In ::he event of a vacancy, the City Commission shall appoint a SucceS90r to fill the unexpired term. C-02-44 7130f735 .~~l. ._._-_.~ ORDI~~CE NO. C-02-44 PAGE 2 SECTIO~ 2. That the term of office of those on the Budge~ Advisory B~ard on the date this Ordinance is adopted shall terminate on September 30, 2003 or until a new Board member has been appointed. SECTIon 1. That except a6 amended herein, Ordinance No. C-96-62 adopted on November 5, 1~96 is hereby ratified and reaffirmed. SEC~ON 4. That if any clause, section or other pare of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of ~hi& Ordinance shall not be affected thereby, but shall remain in full force and effect. SECTIQN 5. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. SECT!ON 6. That this Ordinance shall.be in full force and effect ~en days from the date of final passage. PASSED FIRS~ READING this the lOth day of December, 2002. PASSED SECOND READING this the 17th day of December, 2002. }J!&. JIM NAUGLE AT~ ' ~ C t erk ISELA ~, \l_'OI'II020D~ \ORo\oeC11\Cc2. to. WPD C-02-H 7140f735 ORD~NANCE NO. C-96-62 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA, ESTA2I.1SHING THE 8UDGE~ ADVISORY BOARD; paOVIDING THE P~OSE AND DUTIES or THE BOARD; PROVIDING FOR THE HUNSER OF BOARD MBMBERS 1 l'ROVIO~G. ~I'l;'aIA. FOlt. EOAROMKMBERSHlp.AND PROVIDING FOR LENGTH OF TF.RM: OF THE BOARQ. BE IT ORDAtNEO BY ~HE CITY COMMISSION or THE CITY OF FORT LAUDElUJALE, FLORIDA: SECTION 1. That there is hereby ..tagliahed the Budget Advisory Board of the city ot Fort Laud.rdale. Florida. SECT!!:)N 2, PurpOGe and Duties. The purpose and dutie. of the Budget Advisory aoard shall be all follows: 1. To provide t~e City with input regarding the taxpayers'. perspective in the development of the annual operating budget. 2. To review projections and estimates troa the city Manager regarding revenues and expenditures for the upcoming fiscal year. J. To advise t~. city commission on service levels and priorities And fiscal solvency. Matters subject to labor barqaininq will not be within the scope of the Board deliberations. 4. To submit recommendations to the City Commi&~ion no later than AU9ust ~s of each year reqardin~ a budget for the upco.inq tiscal year. SECTION 3. MemberShip, A. The Budget Advisory Board shall oonsist of ten (~O) ~embers appointed hy resolution of the City co~mission, w~o shall serve without compensation at tne pleasure of the City COmAis5ion. In makinq the appointments, the City Com~ission shall consi~er the following quiaelines: C-96-62 7150f735 ? f """"""V:JiW ORDINANCE NO. C-96-62 PAGE 2 1. Tnat me~ber8 live or work within.t~~ corpQrate limits' or- the City of' Fort 'auderdale. 2. That persons with various qualifications be repreBente~ on the Budget Advi~ory Board, includin9 community, financial, e~uc~tion.l and commercial, with representation of saall and large businesses. B. Each Commissioner and the Mayor ahall nominate two (2) ..1Ilbars each. C. The term of the appointmenta to the Budqet Advisory 80ard shall be for one (1) year rrom the date of appointment. In the event of a vacancy, the City cOmGission shall appoint a successor to rill the unexpired tlilrm. D. The City Manaq.r, Director of Finance and the audget Director shall serve as ex-offioio me~ber8 of the Budqet Advil50ry Board. S~ION 4. Meetinq$ and Procedures. A. The 8udqet ~dvisory Board shall sBlect its own chair from its .~ers. B. The Budget Advisory Board shall adept rules of procedure for the CQnd~ct of its ...t1nqa. C. A .ajority of the members shall constitute a quoruh. Sf~ION 5. That it any clause, section or other part of this Ordinance shall b. held invalid or unconstitutional by any court of competent juriSdiction, the r.~ainder of this Ordinance shall not be affected thereby, but shall remain in full foree and effect. SECTIO~ 6. That all orQinances or parts of ordinances in conflict herewith, be and the 6a~e are hereby repealed. C-96-62 7160f735 = -:- &. {; ORDINANCE KO. C-96-62 PAGE .3 SECTION 7. That thip Ordinance shall be in full force and effect ten day. froa the da~e of tinal pa.sa9~! PASSED FIRST READING this the 15th day of October, 1996. PASSED SECOND READING this the 5th day of ~ov.mber, 1996. M4 JIM' NAUGLE ATTEST: h~~ LV KASLIAH C-96-62 7170f735 --=- RESOLUTION NO. 2008- 155 CITY OF POMPANO BEACH Broward Countv, Florida A Rl<:SOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, CREATING A BUDGET REVIEW COMMITTEE; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, TERMS, POWERS AND DUTIES; PROVIDING FOR SEVERASll..ITY; PROVIDING AN EF'FECTlVE DATE. WHEREAS, the annual budget process is the single most recurring task of tht\ city each year; and WHEREAS, the budget should reflect the needs and concerns of all sectors of the community; and WHEREAS, the City Corrunission desires to involve interest cO and knowledgeable residents of the city in the budget review process; and WHEREAS, the City Commission has delennined that citizen participation in the budget process should facilitate a budget which is responsive to the needs of the city as a whole; now, therefore, BElT RESOLVED BY TH E CITY COMMISSION OF mE CrTY OF POMP AND BEACH, FLORIDA: SECTION 1. There is hereby created a Budget Review Committee to serve in an advisory capacity 10 the City Manager and City Commission. SF.CTION 2. The committee shall be composed of six members who shall serve without compensation al the pleasure of the City Commission. TIle Mayor and each City Commissioner shall he entitled to one appointment to the committee. The (eml of the commillce members shall coincide ",,-jth that of the Mayor OJ' the City Commissioner who appointed the member. 7180f735 17 SECTION 3, The committee's powers and duties shall be as follows: 1. To provide the city with input regarding the taxpayers' perspective in the development of the annual operating budget; 2. To review project.ions and estimates from the City Manager regarding revenues and expenditures for the upcoming fiscal year; 3. To advise the city on service levels and priorities; 4. To submit recommendations to the City Commission during the City Commission's scheduled budget workshops regarding the budget for the upcoming fiscal year; S. All cotnmillcc requests for information shall be directed and coordinated thl'Ough the City Manager's office; and 6. The committee shall select its own Chair and shall adopt rules of procedure for the conduct of the meeting provided. howevcr. that a quorum shall require the presence ofalleust four committee members SECTION 4, If any provision of lhis rcsolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this resolution tllat can be given effect without the invalid provision or application, and to this end the provisions of this resolution are declared to be severable. SECTION 5. This Resolution shall become etTective upon passage. PASSED AND ADOPTED this 8th day of April ,2008. ~// LAM~SH ,MAYOR -;it/J~ GBLlJTm 3/2H/08 l~reSD/2008- J 39 2 7190f735 TOWN OF LOXAHA TCHE'E GROVES RESOLU1'ION NO. 2009-008 A RESOLUTlON OF THE 'fOWN OF LOXARA TCHEE GROVES, FLORIDA, PROVIDING FOR TIlE CREATION OF A "FJNANCE ADVISORY COMMITTEE"; PROVIDING FOR DUTIES OF THE .FINANCE ADVISORY COMMITTEE; PROVIDING FOR TIlE MEmOD OF APPOINTMENT OF THE FINANCE ADVISORY COMMIlTEE MEMBERS; PROVIDING FOR COMPLIANCE WITH FLORIDA'S SUNSHINE LAW AND PUBLIC RECORDS LAW; PROVIDING .(1'OR REQUIREMENTS OF APPOINTMENT; PROVIDING FOR CONFLICT; PROVlDING FOR SEVERABILITY, AN)) PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the desire of the Town Council of the TO\\oTI of Loxahatchee Groves, Florida to create a Finance Advisory Committee (the "Committee") to advise the Town Council as to issues related to the Town's budget, financial activities and perfonnance, and other matters the Town Council deems appropriate, WHEREAS, the primary responsibilities of the Tovln's financial reporting and internal operating controls are vested in the Town management as OVr;Tseen by the Town Council; WHEREAS, the Town Council desires to encourage full participation by all residents of Loxahatchee Groves who are interested in being appointed to the Town's Finance Advisory Committee; and WHEREAS, the Town Council desires to enact procedures by which the individual Council Members appoint members to the Finance Advisory Committee and WHEREAS, the Town Council determines that the creation of the Finance: Advisory Committee is in the best interests ofthc residents of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Loxahatchee Groves, Florida, as follows: Sectioo 1. That the foregoing "VYHEREAS" clauses are confirmed and ratified as being tme and correct and are hereby made a specific part"ofthis Resolution. Section 2. The Town Council hereby establishes the Town's Finance Advisory Committee as follows; I. Crelltion 01' Fioance Advisory Committee. There is created a Finance Advisory Committee to act as an advisory board to the Town Council, as follows: 7200f735 TOWN OF LOXAHATCHEE GROVES RESOLUTION NO. 2009-008 (A) Qualifications. Each member of the Finance Advisory Committee shall be a resident of the Town. \Vhcnever possible, emphasis should be upon persons who have experience in the financial services industry. (B) Duties. The Finance Advisory Committee's duties are as follows: (I} To conduct review and analyses of projects assigned by the To".,.n Council, and make recommendations to the ToVolIl Council; (2) To review and evaluate fl11ancial activities of the Town and makc recommendations to the Town council; and (3) To review Town policies and procedures affecting financial functions, and make recommendations to the Town Council as deemed appropriate. (C) The Committee sha1l be comprised of five (5) voting membera,. -.!to appointed by individual Town Council Members. CD) TIle Town Council shall appoint one member of the Town Council to serve as ~ non-voting liaison 1ll the Finance Advisory Committee. (E) The voting members shall serve at the pleasure of the Town Council. The tenns of the voting members shall nm concurrently with the term of the Council Member who nominated the voting member to the Committee. (F) An attendance requirement shall be imposed on all members of the Finance Advisory Committee. Unless excuse of absence is granted by the Finance Advisory Committee, a member of the Finance Advisory Committee shall be removed by the Town Council if he/she has missed thrco (3) meetings ofthc Committee. (G) Committee members, and/or companies or employers, in which the members have a direct fimmciaJ interest, shall not do business with the To'Wl'l, in accordance with Florida Statutes 112.313, and pertinent opinions of the Florida Commission on Ethics, if IIDY member of the Committee finds that hislher personal interests are involved in any matter coming before the Town Council. he/she shall disqualify himselflberselffrom all participation in the matter. (H) If i1 regular member of the Finance AdvisOry Committee resigns or is removed from his or her position, the appointing Council Member shall appoint 1he replacement. n. Advisory Only. The actions. decisions, and recommendations of the Fitlance Advisory Committee shall be advisory only. 2 721of735 TOWN OF LOXAHA TCHEE GROVES RESOLUTION NO. 2009-008 III. MeeHng!l, Dates, Procedures, Records, Quorum. and Compensation. (A) The Finance Advisory Committee shall hold an organizational meeting at the first scheduled meeting following the appointment of the members of the Finance Advisory Committee. The purpose of the Finance Advisory Committee organizational meeting is for the members to elect a Chair and Vice Chair from its voting membership for terms of one (1) year. (B) The Finance Advisory Committee shall meet on a regular or as-needed basis, as determined by the Finance Advisory Committee. (C) All meetings, records and tiles of the Finance Advisory Committee shall be open and available to the public. consistent with Chapter 119, Florida Statutes (the Public Records Law) and Chapter 286, Florida Statutes (the "Sunshine Law"). In addition, members of the Finance Advisory Committee shall ensure that their actions are in compliance with Chapter 119, Florida Statutes (the "Public Records Law") and Chapter 286. Florida Statutes (the "Sunshine Law"). (0) Notice for any meeting of the Finance Advisory Committee shall be posted in accordance with Chapter 286, Florida Statutes (the "Sunshine Law") and on the Town's website und at thc Town Office no later than 24 hours prior to the scheduled meeting. (E) Three (3) voting members in attendance shall constitute a quorum of the Finance Advisory Committee. . (F) The Town Manager or his\her designee shall act as secretary to the Finance Advisory Committee, lUld be responsible for a.ttending all meetings and providing the items necessary for conducting meetings, as requested by the Chair, and for recording and preparation of meeting minutes. The Town Attorney or his\her designee shall act as attorney for the Finance Advisory Committee, on an as-needed basis, (G) Town staff will reasonably provide adequate support to the Committee to discharge its responsibilities as assigned by the Town Council. (H) Members of the Finance Advisory Committee shall serve without compensation for the perfonnance of their duties. Section 3. Severability. If any clause, section, or other part or application of this Resolution shall be held by any court of competent jurisdiction to be lmconslitutional or invalid, sueh unconstitutional or invalid part or application shall be considered as eliminated. and so. not affecting the validity of the remaining portions or applications remaining in full force and effect. 3 7220f735 ',OWN or I.OXAHATCliEE GROVES RF.SOl.. JTIOl'i NO. l00!)-\1I1S Stction 4. Conlliets. AI. Ru~ ,lutioll3 or port., uf Resolution, in collfliet herewith arc to tile el<I"'11 of.uch conJliclll hereby repCI cd. Section S. .dn,,~on, Bfrcelive O.'e, . l1i~ R,"olulion ,;}1il1J 1,lke cffective il!lJTle<li~:eJy llpon its ADOl'TED,l by the Town Co IOcil FLORfDA, Ihi.~d.y of lli:..!.-. 2, 09, ATTEST: if ' I IVJnii;~~ ~f6'fNcii;RK I!/ of lhe TI1WN OF LOXAH^TCJ1I~E OROVES. DNT:dnt 11~(tg1\lJ~"'O,\..O~:tOCl4'fl.",11009~ff,_",-t Mvtllll) ~ lU) R1:."t A.IIM ^rrRO~.m""'~ ~ ;7ll'At.l'ORM: ~"".~~C/-/.j~ ,./ ;;/ ,:..r.J Offi~ of the -j'oWn Attorney- - 4 7230f735 TOWN OF LOXAHATCHEE GROVES RESOLUTION NO. 2009-014 A RESOLUTION OF TH.E TOWN OF LOXAl-IATCHEE GROVES. FLORIDA, PROVIDING FOR THE RENAMING OF THE FINANCE ADVISORY COMMITTEE TO THE "FINANCE ADVISORY AN)) AUDIT COMMI1''EE''; PROVIDING FOR DUTIES OF THE FINANCE ADVISORY AND AVOIT COMMITTEE CONSISTENT WITH SECTION 21R.319, FLORIDA STATUTES; PROVIDING FOR THE METHOD OF Al>>POINTMENT OF THE FINANCE ADVISORY AND AUDIT COMMITTEE MEMBERS; PROVIDING FOR COMPLIANCE WITH FLORII)A'S SUNSHINE LAW AND PUBLIC RECORDS LAW; PROVIJ)ING FOR REQUIREMENTS OF APPOINTMENT; PROVIDING FOR CONFLICT; I"ROVIDING FOR SEVERABILITY; AND PROVIDL~G FOR AN EFFECTIVE DATE. WHEREAS, on May 19, 2009, the Town Council of the Town of Loxahatchee Groves ado pled Town Resolution No. 2009-008. and established the Town of Loxahalchee Groves Finance Advisory Committee; and WHEREAS, since the creation of the Finance Advisory Committee, the Town Council has determined that it would be in tht: best interest of the Town to provide for the Finance Advisory Committee to have the ability to review and make inquiries regarding thc Town':; annual audit, and to perform other functions of an Audit Committee as provided in Section 218.391, Florida Statutes, at the request orthc Town Council; and WHEREAS, it is the desire of the Town Council of the Town of Loxahatchee Groves, Florida to renamc the Fimmee Advisory Comminee to be the Finance Advisory and Audit Committee (the "Committee'), and to advise the Town Council as to issues related to the Town's budget, financial activities and pertbnnance, annual audit, and 10 perform other functions of an Audit Committee as provided in Section 218.3\9, Florida Statutes. as requested by the Town Council; Wr-I EREAS, upon adoption, the provisions of Resolution 2009-008, adopted on May 19, 2009, are hereby superseded by the provisions of this Rl,;$olution. WHEREAS, the Town Council determines that the creation or the Finance Advisory and Audit Committee is in the best interests oflhe residents orthe Town. NOW, THEREFORE. be it resolved by the Towl1 COllncil of the Town of Loxahatcht:t: Groves, Florida, as follows: Section 1. That the foregoing "WHEREAS" clauses arc confirmed and ratified as being trllc lmd correct and arc hereby madt: a specific part of this Resolution. 7240[735 TOWN OF LOXAHATCHEE GROVES RESOLUTION NO. 2009-014 Section 2. The Town Council hereby establishes the Town' 5 Finance Advisory and Audit Committee as follows; [. Creation of Finance Ad\'isory \lod Audit Committee. There is created a Finance Advisory l1nd Audit Committee to w.:l as an advisor)' board to the Town Council, 3!; follows: (A) Qualificlltions. Each member ofthe Finance Advisory and Audit Committee shall be a resident of the Town. Whenever possible, emphasis should be upon persons who have experience in the tinandal services industry. (B) Duties. The duties of the Finance Advisory and Audit Committee are as follows: (I) To conduct review a.nd analyses of projects assigned by [he Town Council, llnd make recommendations to the Town C01.ll1cil; (2) To review and evaluale I1nancial activities of the Town and make recommendations to the Town council; and (3) To review Town policies and procedures affecting financial functions, and make recommendations to the Town CouneilllS deemed appropriHtc. (4) To provide audit oversight, consistent with Section 218.391, Florida Statutes, including review the Town's annual audit and mceting with the Town Auditor to discuss the Town Audit prior to submittal to the Town Council for tinal approval. (5) To act as the Audit Commlnee in order to provide for auditor selection functions consistent with Section 218391, Florida Statutes, upon motion or the Town Council. (C) The Committee shall be comprised of live (5) voting members, to be appointed by individual Town Council Members. (D) The Town Council shall appoint one member of the Town Council to serve as a non-voting liaison to the Finance Advisory and Audit Committee. (8) The voting I11l;:mbcrs shall serve at tll\,: plca.o;ure of the Town Council. The terms of the voting members shllll rlln concurrently with the term of the Council Member who nominated the voting member to the Commillce. (I-') An attendance requirement shall be imposed on all members of the Pinancc Advisory and Audit Comminee. Unless excuse of absence is granted by the Finance Advisory and Audit Committee, 11 member of the ~inancc Advisory and Audit :2 725 of 735 TOWN OF LOXAHA TCHEE GROVES RESOLUTION NO. 2009w014 Commirtee shall be removed by the Town Council if he/she has missed three (3) meetings of the Commiltcc. (0) Committee memhers, and/or companies or employers, in which the members have a direct financial interest, shall not do business with the Town, in accordance with Florida Statutes 112.313, and pertinent opinions of the Florida Commission on Ethics. If any member of the Committee finds that hislher personal interests are involved in any matter coming betore the Town Council, he/she shall disqualify h imsclf/hcrself from all participation in the matter. (H) If a regular member of the Finance Advisory and Audit Committee resigns or is removed from his Or her position, the appointing Council Member shall appoint the replacement. II, Advisory Oldy. The actions, decisions, and recommendations of the Finance Advisory and Audit Committee shall be advisory only. III. Meetings, Dates, Procedures, Records, Quorum, and Compensation. (A) The Finance Advisory and Audit Committee may hold an organizational meeting at the tirst scheduled meeting following the appointmcnt of the members of the Finance Advisory and Audit Committee, The purpose of the Finance Advisory and Audit Committee organizational meeting is for the members to elect a Chair and Vice Chair from its voting membership for terms of one (I) year; provided that the Chair and Viee Chair of the previously named Finance Committee may continue to serve in those capacities.. (B) The Finance Advisory and Audit Committee shall meet On a regular or as- needed basis, as determined by the Finance Advisory and Audit Comminee. (C) All meetings, records and tiles of the Finance Advisory and Audit Committee shall be open and available to the public, consistent with Chapler 119, F10l'ida Statutes (the Public Records Law) and Chapter 286, Florida Statutes (the "Sunshine Law"). In addition, members of the Finance Advisory and Audit Commiuee shall ensure that Iheir actions are in compliance with Chapter 119, Florida Statutes (the "Public Records Law") and Chapter 286, Florida Statutes (the "Sunshine Law"). (D) Notice for any mccting of the Fimmec Advisory and Audit Committee shall be posted in accordance with Chapler 286, Florida Statutes (the "Sunshine Law") and on the Town's website and at the Town Office no later than 24 hours Pl'ior to the scheduled meeting. (E) Thn.:e (3) voting members in attendance shall constitute a quorum of the Finance Advisory and Audit Comm ittee. 3 7260f735 TOW~ OF LOXA ll\T( II ~.E C;ROYES RESOLlrnO]\; NO. 2U1l9-014 (F) The Town Manager or his\hl.,-r designee shall act a.." secretary 10 the finance Advisory and Al~dit Committee, and be msponsible j()r unending all meelings and providing the items necessary fur conducling meet.ings, ac;; requested fry the Chilir. [lnd it)f ri.:!.:ording and preparation or mccting minutes_ Tht.; Town Attorney or ~i~\hcl' designee .,hallllct as attonH:'Y 1(11' the Finance Advisory nnd Audil COn/millet:. on an <t$-n(:'t~d.;;d ba$i~_ (G) To\\'n stall' \vill reasonably provide adequate '.>upport to th:.: CornmilLee to discharge ils resPl,nsibilitics as assigned hy the Town Council. (101) Members of the Finance Advisory and Audil Committee shall St.'TV';; withoul compensat.ion for the ptlrformanee oflheir dutics. Section 3. Severabilily, If aIlY ch.llJ$c, section. or other part \)r application oj" tllis Resolution shall be held by any coun of competent jurisdil~lion to be unconstitutional or invalid_ such UI1C(ln~tjt~Jli(\n1d 0T invalid pllrt or applir.:alion shall be considered as eliminated, and so not affecting thl;: validily oft.hlJ TI'...'tTlaining portions Of applications remaining in full "larce Zlnd effect. St'ctiol1 4. Conflir.:ts. All Rl'Solutions ur parts of Resolutions in contlict herewith are to the C'XI<.:nl of slIch e(mfljct$ hewby repealed. Section 5. ad0ption. Ejfcctive Dale. This Resolution shall lake effective immediately upon its l\DOPTI~D by the ...Jown Council nORIDA. lhis i,I,lr day of -.lJ.h1____, 2009. I I of the TOWN OF LOXAHA Tel-lEE GROVES, ATTEST:, '. i ,./': .-tfr; ,.i .: . ?( I ',' ~ I f,~ ;1 J "'-.',J.. _~ "''' "-_LL:..., , I iI.,} 1.,.."A'd..~.\.._- Tl"YWN ((LFRK"i ~ ..J !~ /)/.J. I\PI'I{O\'[.I} '1S/I'O/I....E(0yFC>RM: / ,- ://~./<-, ;/' , 1/) . />C~. /.. '.. '/--., ,:",~., /"" (, ,. ..,. TOWI\: OF LOXAH"ATCHEE GROVES, FLORIDA Ofj~(;t" or the Town Attorney C-.., . \ 9 __J",LU h '^ r ,'}Vn,,,).~':"'....--.<...._ May(\r ~~:t'id Brow~~~ (- ~) 1// f/ <1/ \!i.~:~ ~.~~~-&;.9'~;')~' ~.iP;1';> .. ... ..../_..... . " ../ IJ " I '. _L(j~7 i'i( .!6", .~-t)-t.:~( /~....~.I..f..-./' COUnt-j I h>! ~1117;:&/ . ." I <:'{' . ;?:~~I.Y'.{::" COl.lA~;:r'VIelnb~~- '--- ------- /;< I ;'/:/, ,../. ,_~_;:,,"_L: r ~/"-__ ...__..__ ____ Council Meml{er ~'1D( .D!-"[ .,~ Ii .""r(.'I/~(!:.W.UJX.,1< C51) }:Jrl9;.f<~~, ..'(JO<; II; '" ~ Flnal/",:;' ..\cki:.m:. ~r,o,j '\\ld~: C(l'lniUl'\'r ~k~l' .1 7270f735 Date Prepared: June 4, 200a 1 RESOLUTION 53, 2008 2 3 4 A RESOLUTION OF THE CllY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA RE-ESTABLlSHING THE BUDGET 6 OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS 7 AND DUTIES, MEMBERSHIP, AND MEETINGS; PROVIDING AN 8 EFFECTIVE DATE; AND FOR OTHER PURPOSES, 9 10 11 WHEREAS, Section 2-63, Code of Ordinances, provides that the City Council 12 may, by resolution, create a committee whose purpose is to advise the City Council on 13 an item of a special nature and whose creation is for a stated period of time, at the end 14 of which time the committee will no longer exist; and 15 16 WHEREAS, Section 2-83, Code of Ordinances, further provides that the 17 resolution creating such committee shall specify the purpose, powers, and duties of the 18 committee, and shall specify the number, qualifications, and terms of office of the 19 members thereof; and 20 21 WHEREAS, the current Budget Oversight Committee was created for a two-year 22 period as approved by Resolution 121, 2004 effective on June 3, 2004; and 23 24 WHEREAS, at the June 15, 2006, City Council meeting, Council approved 25 Resolution 64, 2006 re.establishing the Budget Oversight Committee; and 26 27 WHEREAS, the City Council has deemed it to be in the best interest of the 28 citizens and residents of the City of Palm Beach Gardens to re-establish the Budget 29 Oversight Committee as modified herein. 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 ~ECTION 2. Creation. 38 39 There is hereby created the Budget Oversight Committee. This Committee is 40 created for a period of two (2) years from the effective date of this Resolution, but shall 41 only meet as provided in Section 6 herein. The Committee shall stand dissolved on that 42 date unless reviewed and extended by Resolution of the City Council. 43 44 45 46 7280f735 Date Prepared: June 4, 2008 Resolution 53, 2008 1 SECTION 3. Purpose. 2 3 The purpose of the Budget Oversight Committee is to provide citizen input for the 4 budget process. 5 6 SECTION 4. Powers and Duties. 7 8 The committee shall have the following powers and duties: 9 10 (1) Review the proposed operating and capital improvements budget as 11 prepared by staff. 12 13 (2) Request information from staff in order 10 analyze the proposed operating 14 and capital improvement budget. 15 16 (3) Review the recommended spending plan for compliance with current 17 adopted financial policies, Le., fund balance levels, debt service coverage, 18 etc. 19 20 (4) Make a recommendation to Council during the budget adoption process 21 regarding the proposed operating and capital improvement budget, as 22 submitted. 23 24 SECTION 5. Membership. 2S 26 The committee shall consist of five (5) regular members. Those members of the 27 Budget Oversight Committee as established by Resolution 121,2004 who were serving 28 as of June 3, 2006, shall continue to serve as members of the re-estabJished BUdget 29 Oversight Committee until new membership is appointed for the entire committee. 30 Those members may apply to serve as new members of the comm lttee. All 31 appointments shall be for a term of two (2) years from the adoption date of this 32 Resolution. 33 34 Members of the committee shall: 35 36 (1) Be either a resident of the City of Palm Beach Gardens, or the owner and/or 37 operator of a business within the City; and 38 39 (2) Possess considerable experience in a financial related discipline, such as 40 banking, finance/accounting, management/management consulting, or be a 41 small business owner. 42 43 SECTION 6. Meetings. 44 45 Meetings shall be at the call of the chair, provided the committee shall convene 46 no less often than twice during the budget preparation cycle (June - September). 2 7290f735 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DlIte Prepared: JUrle 4, 2008 Resolution 53, 2008 SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ~ day of ""'J",,~ L ,2008. BY: ATTEST: BY: ~ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AN LEGAL SUFFICIENCY BY: VOTE: AYE NAY ABSENT ./ MAYORJABLlN VICE MAYOR LEVY /" /' COUNCILMEMBER RUSSO COUNCllMEMBER BARNETT COUNCILMEMBER PREMUROSO /' -L 1Ijf G:\3l1orney_shareIRESOLUTIONSlbudgel oversight committee - re-e&t.bll>lh. reso 53 2008.dOC 3 7300f735 Date Prepared: June 5. 2006 1 RESOlUT'ON 64, 2006 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of PALM 5 BEACH GARDENS, FLORIDA RE-EST ABLlSHING THE BUDGET 6 OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS 7 AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING 8 AN EFFECTIVE DATE. g 10 11 WHEREAS, Section 2-83, Code of Ordinances. provides that the City Council 12 may. by resolution, create a committee whose purpose is to advise the City Council on 13 an item of a special nature and whose creation is for a stated period of time, at the end 14 of which time the commrttee will no longer exist; and 15 16 WHEREAS, Section 2-83. Code of Ordinances, further provides that the 17 resolution creating such committee shall specify the purpose, powers. and duties of the 18 committee, and shall specify the number. qualifications. and terms of office of the 19 members thereof; and 20 21 WHEREAS, the current Budget Oversight Commfttee was created for a two-year 22 period as approved by Resolution 121,2004 effective on June 3.2004; and 23 24 WHEREAS, at the June 1, 2006, City Council meeting. Council directed staff to 25 re-establish the Budget Oversight Committee: and 26 27 WHEREAS, the City Council has deemed it to be in the best interest of the 28 citizens and residents of the City of Palm Beach Gardens to re-establish the Budget 29 Oversight Committee as modified herein. 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. Creation. 38 39 There is hereby created the Budget Oversight Committee. This Committee is 40 created for a period of two (2) years from the effective date of this Resolution. but shall 41 only meet as provided in Section 6 herein. The Committee shall stand dissolved on that 42 date unless reviewed and extended by Resolution of the City Council. 43 44 45 46 7310f735 Date Prepared: June 5, 2006 RC5olution 64.2006 1 SECTION 3. Purpose. 2 3 The purpose of the Budget Oversight Committee is to provide citizen input for the 4 budget process. 5 6 SECTION 4. Powers and Duties. 7 8 The committee shall have the following powers and duties: 9 10 (1) Review the proposed operating and capital improvements budget as 11 prepared by staff. 12 13 (2) Request information from staff in order to analyze the proposed operating 14 and capital improvement bUdget. 15 16 (3) Review the recommended spending plan for compliance with current 17 adopted financial policies. Le.. fund balance levels, debt service coverage, 18 e~. 19 20 (4) Make a recommendation to Council during the budget adoption process 21 regarding the proposed operating and capital improvement budget, as 22 submitted. 23 24 SECTION 5. Membership. 25 26 The committee shall consist of five (5) regular members. Those members of the 27 Budget Oversight Committee as established by Resolution 121, 2004 who were serving 28 as of June 3, 2006. shall continue to serve as members of the re-established Budget 29 Oversight Committee until new membership is appointed for the entire committee. 30 Those members may apply to serve as new memben; of the committee. All 31 apPOintments shall be for a term of two (2) years from the adoption date of this 32 Resolution. 33 34 Members of the committee shall: 35 36 (1) Be either a resident of the City of Palm Beach Gardens. or the owner and/or 37 operator of a business within the City and 38 39 (2) Possess considerable experience in a financial related discipline. such as 40 banking. finance/accounting, management/management consulting. or be a 41 small business owner. 42 43 SECTION 6. Meetings. 44 45 Meetings shall be at the call of the chair. provided the committee shall convene 46 no less often than twice during the budget preparation cycle (June - September). 2 732 of 735 O~te Prepared: June S. 2,()()t; ftesolution 64, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTtON 1. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this I..P* day of '-1.>>J<- ,2006. ATTEST: BY: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: AYE NA"( ABSENT MAYOR RUSSO --=::::.- VICE MAYOR BARNETT v: COUNCILMEMBERJABLlN ~ COUNCILMEMBERLEVY 0./' COUNCILMEMBER V ALECHE ,,/' ~ \\PIlgBfilelAl1on'leylallorney _5hare\R~SOL.UTIONS\bUdget over9i9h1 oommlnee . reso 64 2006.dCX: 3 7330f735 12.A NEW BUSINESS April 6, 2010 - _-,' u_ ,{ frY i '- I ",>': -\ '...:_ r-.: 'to.. l,', r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE ~ NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Request for Commission to conduct a preliminary review of a potential amendment to the Land Development Regulations intended to appropriately group and regulate uses categorized under the heading "Indoor Athletic InstructionfTraining", to maximize the consistent and uniform treatment within the M-1 and PID zoning districts, and provide staff with desired direction. EXPLANATION OF REQUEST: Pursuant to the Land Development Regulations (LOR), Part III, Chapter 2, Section 9.E.1, a preliminary review of amendments to the LOR is required by the City Commission. Staff is considering an interim amendment to the Land Development Regulations to rectify the result of the incremental code amendments processed over the past several years and increase consistency in regulating gymnastics, dance instruction, cheerleading and other athletic instruction type uses, which are treated differently in various zoning districts. This inconsistency in the zoning regulations is not user-friendly, challenging to staff to quickly interpret and apply, and may increase the chances of errors by staff, by business operators, realtors, or land owners. As a result, staff has undertaken a comprehensive look at these similar types of uses, which rely upon higher ceilings and larger spaces commonly found in industrial areas, and believes the appropriate action would be to create the use group "Indoor Athletic InstructionfTraining", and include gymnastics, dance/jazzercise/pilates instruction, cheerleading instruction, karate instruction, indoor batting/golf facilities, and other similar uses having the same characteristics and special needs, and allow them all under one use heading in the M-1 zoning district and within all three (3) PID zoning districts. Should the City Commission wish to move forward with the amendment, staff will draft the requisite report and forward the information to the Planning and Development Board before returning to the City Commission in Ordinance form. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A 7340f735 FISCAL IMPACT: N/A ALTERNATIVES: Direct staff to not proceed with the amendment. 735 of 735 12, B NEW BUSINESS April 6, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNC EMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE IZI NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of resolution of opposition to SB1216 and HB 1227, legislation that requires re-authorization of Chidren Service Councils every six years by referendum. . EXPLANATION OF REQUEST: At the request of a member of the City Commission, this matter is concerning proposed legislation that would have a direct impact on the operations of the Children's Services Council of Palm Beach County. This matter was discussed at the Palm Beach County League of Cities Meeting last week and a proposed resolution (Exhibit A) was circulated for consideration by member municipalities. SB1216 has the following basic conditions: S1216 GENERAL BILLlCS by Children, Families, and Elder Affairs; Negron; (CO-INTRODUCERS) Baker; Haridopolos; Richter; Thrasher; Dean; Gaetz; Wise; Fasano; Gardiner; Storms (Compare H 1227) Children's Services rSPSCl; Requires the governing body of the county to submit to the electorate the question of retention or dissolution of a special taxing district created to provide funding for children's services. Prescribes a schedule for submission of the question to the electorate. Provides for the application of the act to certain special districts in existence before and after the act's effective date. EFFECTIVE DATE: Upon becoming law. The proposed legislation focuses on Children's Services Councils as agencies being subject to a six-year sunset referendum provision. Other agencies created by statute and authorized by referendum do not have this provision. Florida Children's Council's have prepared a fact sheet on the proposed legislation. (Exhibit B). How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There may be an impact in the form of unanswered service demands turning into health or safety issues that would require intervention work by municipal or county agencies. The Children's Services Council of Palm Beach County funds, through service providers a wide range of services related to health care initiatives, pregnancy and infant services, early childhood and afterschool services, family resource centers, service referral activities, training and mentoring services, legal assistance and teen programs. The funding for these programs is through a property tax rate of approximately 0.6898, The current authorization by local referendum in Palm Beach County is for a maximum millage rate of 1.0000. FISCAL IMPACT: Not direct. Impact would be requirement that service providers (not for profits mainly) fund children's programs or the programs not occur. ALTERNATIVES: Do not object to the proposed legislation affecting Children's Service Councils in Florida. 'Td' ~i"'T'" 71; A, Florida 'ffi,," Children's ;"', Services '!~, uncil ';\7f FLORIDA CHILDREN'S SERVICES COUNCIL Florida Children's Services Council S8 1216/HB1227 - Unnecessary Threat to Children's Programs CSCs are Approved by the People, Representative of the People . Children's Services Councils were created for the children by the people. . Citizens wanted and voted to have local, independent bodies that focus on the needs of their county's kids - the Children's Services Councils. . Local voters have been empowered to establish dedicated and stable funding sources set aside for programs that improve the lives of the children in their area. In counties with a CSC, voters have taken advantage of this right. . In most CSC counties, the formation of a Children's Services Council was initiated by community leaders. However, that's only the beginning of the process. . To create a Children's Services Council, the county commission must vote to place it on the ballot. Then the county's voters must pass a referendum to formally establish the Council. . The voters and the people they elected to represent them - their county commissioners - are the ones responsible for creating the CSC. . The people continue to be represented on Children's Services Council boards, through positions that include elected officials such as county commissioners, school board members and judges. CSCs are a Local Funding Solution . In these tough economic times, Florida lawmakers are struggling to fund vital programs that serve Florida's children, such as VPK and School Readiness. . The state's budget crisis has forced the Legislature to cut deeply into health and human services programs, and consider the elimination of entire programs such as Healthy Families. . Local communities with Children's Services Councils have done the fiscally responsible thing by creating a local revenue stream to support children's programs needed in their hometowns. . SB 1216/HB 1227 would jeopardize individual counties' ability to fund their own local programs for children and likely increase dependence on state-funded programs. . Losing local dollars that are invested locally will only make a bad funding scenario worse. If SB 1216/HB 1227 Wins, Children Lose . SB 1216/HB 1227 would require five of Florida's eight Children's Services Councils to be placed on an August ballot this year for voters to decide the fate of their local CSC. . Going to ballot in 2010 with less than six months to educate voters is unreasonable. · Such a short timeframe will not give voters the time they deserve to make informed decisions about investments in their community's children. · SB 1216/HB 1227 places Children's Services Councils on a "reauthorization treadmill." It mandates an arbitrary timeline that requires CSCs to go back to the voters every six years for reauthorization. · While a voting cycle makes sense for an elected official, it wreaks havoc for publicly funded organizations like CSCs that must operate with a long-term vision to best meet the needs of the community. 216 South Monroe, Tallahassee, FL 32301 (850) 402-5437 phone (850) 942-5437 fax www.floridacsc.org _Ziimilllis1ffi The Children's Trust of Miami-Dade County. CSC of Martin County. CSC of SI. Lucie County. Jacksonville Children's Commission As of 3/30/10 JWB - CSC of Pinellas County' CSC of Palm Beach County' CSC of Broward County. Children's Board of Hillsborough County If SB 1216/HB 1227 Wins, Children Lose - continued . Repeatedly returning to the ballot diverts resources and energy away from the CSCs' core mission of serving children. . This legislation jeopardizes sustained investments in children that voters originally intended when creating their local Children's Services Councils. . Just like any other facet of government, it is difficult to function if your very existence is uncertain. . With the long-term viability of a CSC always in question, a county's health and human services system remains vulnerable to the politics of the day. CSCs are Accountable to the People . Children's Services Councils are accountable to the citizens of their county, their governing boards, their county commissions and the Florida Legislature. . At any time, a county commission or the Legislature can ask voters to decide if they want to keep their local Council. . This provides local elected leaders, state lawmakers and voters the highest level of control and authority over Children's Services Councils. . No other government entity has this many layers of accountability and oversight. . Everything Children's Services Councils do is in the sunshine - all of their records and meetings are open to the public, including budgets, financial reports and program information. . The composition of Children's Services Councils board is dictated by Florida law. . How Children's Services Councils collect, budget and expend funds are also prescribed by statute. . Children's Services Councils submit quarterly financial reports and independent annual audits to the county. In addition, audits of financial records go to the state each year. . Recently, the people of Miami-Dade County voted overwhelmingly to keep their Children's Services Council. Voters in Pinellas and Palm Beach Counties returned to the polls and gave their Councils the ability to increase local tax revenues used to fund children's programs. . Broad community support of Children's Services Councils is a testament to the people's confidence in and satisfaction with their work. CSCs are a Proven Return on Investment . Children's Services Councils take local dollars and invest them locally, all with oversight by local leaders. . While it is difficult to quantify the value of healthy, safe children, the economic value of Children's Service Councils is apparent in their community return on investment -- reduced juvenile crime, better school performance, decreased child abuse and neglect, and reduced infant mortality rates. · Children's Services Councils leverage the local dollars they receive to secure millions in federal matching money and private donations. · The programs funded by Children's Services Councils create thousands of local jobs, enabling people to work. 216 South Monroe, Tallahassee, FL 32301 (850) 402-5437 phone (850) 942-5437 fax www.floridacsc.org ~.II~DPi The Children's Trust of Miami-Dade County. CSC of Martin County. CSC of SI. Lucie County. Jacksonville Children's Commission JWB - CSC of Pinellas County' CSC of Paim Beach County' CSC of Broward County. Children's Board of Hillsborough County As of 3/30/10 RESOLUTION NO. RIO-_ A RESOLUTION OF THE CITY OF , FLORIDA SUPPORTING THE CHILDREN SERVICES COUNCIL OF PALM BEACH COUNTY. WHEREAS, the City of supports Children's Services Councils throughout Florida. WHEREAS, Children's Services Councils throughout Florida provide servIces to hundreds of thousands of children; and WHEREAS, Children's Services Councils throughout Florida serve a substantial number of economically disadvantaged children; and WHEREAS, Children's Services Councils throughout Florida provide thousands of jobs to individuals through non-profit organizations, faith-based organizations, and other community- based organizations; and WHEREAS, the Children's Services Councils of Palm Beach County, approved by voters in 1986 and again in 2000, provides services to hundreds of thousands of children in our Community: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF , FLORIDA THAT: The City of supports the continued existence of Children's Service Councils and opposes 8B1216 and HB1227 and direct, that a copy of this resolution be provided to Senate President Jeff Atwater, Speaker of the House Larry Cretul, all members of the Palm Beach County Legislative Delegation and to Governor Charlie Crist. DONE AND RESOLVED at Regular Session of the City of Florida, this _ day of ,2010. AYE NAY Mayor Vice Mayor Commissioner Commissioner Commissioner [MUNICIPAL SEAL] Attest: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Page 2 of2 ... 12, C NEW BUSINESS April 6, 2010 . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 6, 2010 0 OPENINGS 0 PUBLIC HEARING 0 OTHER 0 CITY MANAGER'S REPORT 0 ANNOU NCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS NATURE OF 0 ADMINISTRATIVE ~ NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL 0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL 0 SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of salary freeze for City Commission Members in 2010 per request of two members of the City Commission. EXPLANATION OF REQUEST: Pursuant to Ordinance 06-047 and automatic pay increase for the City Commission goes into effect on April 1, 2010. The scheduled pay increase this year is an increase of 2.228% and is based on the CPI. The current City Commission salary for City Commissioners and the Vice Mayor is $16,675.72. With the increase of 2.228%, the rate of pay would go to $17,055.93 for an annual cost of $380.21 times four or $1,520.84. The Mayor's salary would also go up per the scheduled change from $20,010.02 to $20,466.25 or by $456.23. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact FISCAL IMPACT: A salary freeze would save $1,977.07 ALTERNATIVES: Permit the scheduled salary adjustment to go forward as per Ordinance 06-047. Or also apply the freeze to cover the planned City Commission increase in the expense allowance effective June 1, 2010 per Resolution 03-138 that is adjusted annually in June according to the change in the Consumer Price Index for the month of April. The current expense allocation is $7,571.48 for the Mayor, paid monthly at $630.96. The current expense allocation for Commissioners (including the Vice-Mayor) is $7,002.04, or $583.50 paid bi-weekly. The monthly payment is paid on the last bi- weekly payroll period in the month. The next expense allocation adjustment will go into effect for the last bi-weekly pay period of June 2010. The amount of the 2010 increase in the expense allowance is not known but is probably going to also be in the range of 2.2%.