Agenda 04-20-10 Searchable
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
TUESDAY, APRIL 20,2010
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
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
· Consent Agenda Items: These are items which the Commission does not need to discuss
individually and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the
order listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled
"Public Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission - Time Limit - Three (3) Minutes
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances - Time Limit - Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings
have been moved due to Holidays/Election Day).
2 of 289
1. OPENINGS
A.
B.
C.
D.
1.
2.
2. OTHER
Call to order - Mayor Jose Rodriguez
Invocation - Moment of Silent Prayer
Pledge of Allegiance to the Flag led by Commissioner William Grlove
Agenda Approval:
Additions, Deletions, Corrections
Adoption
A. Appointment and Swearing in of Vice Mayor
B. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Present a proclamation recognizing May 2 - May 8, 2010 as Municipal Clerk's Week.
B. Present a Proclamation celebrating Silver Star Service Banner Day - May 1, 2010.
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)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
B. Appoint an eligible member of the community to serve on the Historical Preservation
Ad Hoc Committee.
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 April 6,2010.
3 of 289
B. Approve renewal of Environmental Impairment Liability (ElL) insurance coverage
through Endurance American Specialty Insurance Company for three-years for
$67,924, at annual premium of $22,642.
C. Authorize the City Manager to enter into an Urban Communities Forestry Grant
Memorandum of Understanding between the City of Boynton Beach and the Florida
Department of Agriculture and Consumer Services for the South Seacrest Streetscape
project, if awarded.
D. Accept the monthly report on the major projects being completed by the Recreation
and Parks Department.
E. Accept the written report to the Commission for purchases over $10,000 for the month
of March 2010.
F. Approve expenditure from the department's Law Enforcement Trust Fund (State
Forfeiture) in the amount of $12,000.00 for donation to the Youth Violence Prevention
Program.
G. STAFF IS RECOMMENDING THIS ITEM BE PULLED FROM THE AGENDA AT
THIS TIME - 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. This is due to ongoing discussions with Palm Beach County staff.
H. PROPOSED RESOLUTION NO. R10-043 - Approve the agreement with the Boynton
Beach Community Redevelopment Agency for $294,000 to renovate the 1913
Schoolhouse Children's Museum which includes a 1 % administrative fee to be
retained by the CRA.
I. PROPOSED RESOLUTION NO. R10-045 - Approve a Memorandum of
Understanding (MOU) with the SEIU FPSU White Collar Bargaining Unit providing a
waiver by the City to recoup any monetary benefit paid to a White Collar bargaining
unit member under the status quo Collective Bargaining Agreement which is
inconsistent with the new benefit levels established and which could otherwise be
recouped.
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.
4 of 289
A. Approve a one (1)-year site plan time extension (SPTE 10-004) for Boynton Vistas
Phase II, Major Site Plan Modification (MSPM 07-004) Development Order, located at
419 South Circle Drive, approved on May 20, 2008, thereby extending site plan
approval from November 20,2009 to November 20,2010. This item was tabled at the
March 16th meeting and must therefore be removed from the table to allow for
discussion and action to be taken. Applicant: Jeff Wolff, Boynton Vistas, Inc.
B. Approve the Macia Marin Medical Building site plan (NWSP 10-003), located at 115
SE 4th Street, 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.
C. Approve the abandonment of a portion of SE 1 Avenue between SE 4th Street and the
FEC Railroad, PROPOSED ORDINANCE 10-007 - SECOND READING.
D. Approve a code amendment (CDRV 10-001) to add "Amusement Arcades" to the C-2
(Neighborhood Commercial) Zoning District as conditional uses, to include size and
locational restrictions, and the amendment of an existing definition. Applicant: City-
initiated. PROPOSED ORDINANCE 10-008 - FIRST READING.
10. CITY MANAGER'S REPORT
A. Proposed Conversion of Current Vehicle Towing Rotation Program to Franchise
Agreement Program
B. Review staff recommendation concerning residents/volunteers serving on more than
one Advisory Board and permit staff to conduct further review of the City's Advisory
Board program.
C. Approve a proposal from Academy Roofing & Sheet Metal Co. for the installation of a
temporary rubber roofing system at the Old High School in the amount of $18,800.
D. Review of the first draft outline of the City of Boynton Beach Climate Action Plan
presented by Consultant CDM.
E. Staff presentation of Neighborhood Stabilization Program (NSP) Work plan
F. Discuss the Budget Status Report of the General Fund and the Utility Fund for the six
(6) month period ended March 31, 2010.
11. FUTURE AGENDA ITEMS
A. Follow-up report from Development Department on NSP Program and CDC
Performance - Note this will be a monthly status report the first meeting of the month
(May 4, 2010)
B. Resolution for Interlocal Agreement with CRA for NSP funding program (May 4,2010)
C. Follow-up report on status of agreement between Boynton Beach and Palm Beach
County Fire-Rescue for fire rescue coverage in three barrier island enclaves near
Briny Breezes. (May 4, 2010)
50f289
D. Proposed Resolution for Interlocal Agreement for Emergency Water Interconnect with
Town of Manalapan (May, 4,2010)
E. Follow-up Staff Report on Pain Management Clinic Regulations (May 4, 2010)
F. Interlocal Agreement between the City and CRA designating the CRA as a sub-
recipient of $400,000 from the Neighborhood Stabilization Program (NSP) (May 4,
2010)
G. Resolution for Third Amendment to Interlocal with CRA for Cost Sharing
Allocation for Southeast 4th Street Improvement Project. (May 4, 2010)
H. Staff follow-up report on Emergency Medical Service Billing changes and
clarification of collection reporting options. (May 4, 2010)
I. Capital Improvement Status Report - Initial City Commission review of 2010- 2011
Capital Improvement Budget (General and Utilities) and Five-Year Capital
Improvement Plan. (May 18, 2010)
J 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 allow low voltage electric security
fencing, inside perimeter fencing, in the M -1 (Industrial) and PID (Planned Industrial
Development) zoning districts, and provide staff with desired direction,
B. Discussion regarding SB 6 - Teacher Merit Pay - Resolution in opposition to legislation
(Request of a member of the City Commission)
13. LEGAL
A. PROPOSED ORDINANCE NO. 10-009 - Forming a Financial Advisory Committee.
Discuss and approve Ordinance on first reading.
14. UNFINISHED BUSINESS
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 two
additional members of the 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.
6 of 289
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD
AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS
OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561)
742-6013 AT LEAST TWENTY-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.
7 of 289
2.A
OTHER
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
~ OTHER 0 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: Appointment and Swearing in of Vice Mayor.
EXPLANATION OF REQUEST: In accordance with Chapter 2, Administration, Sec. 2-1.2 of the
City of Boynton Beach Code of Ordinances, the City Commission is required to appoint one of
its members to serve as Vice Mayor. Any member who has not previously served as Vice
Mayor during his/her current term of office may be selected to serve as Vice Mayor.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The appointment of a Vice Mayor is
necessary for the continuity of City business in the event the Mayor is unable to perform his
duties.
FISCAL IMPACT: None
ALTERNATIVES: The alternative to appointing a Vice Mayor would be to not appoint a Vice
Mayor. However, this could cause confusion among the City Commissioners regarding who
would handle the Mayor's duties if the Mayor was unable to perform his duties.
S:\CC\WP\EasyAgenda Items\Agenda Items\20101Nomination and Swearing In of Vice Mayor - 04-20-10.doc
8 of 289
Sec. 2-1.2. Vice-Mayor appointment.
At the second regular City Commission meeting following the swearing in of
newly elected officers, the City Commission shall appoint one of its members to
serve as Vice-Mayor. Any member of the City Commission who has not previously
served as Vice- Mayor during his or her current term of office may be selected to
serve as Vice-Mayor. No second of the nomination is required. Voting shall occur in
the following manner: Voting shall be by voice vote. Each member of the
Commission shall vote for one nominee in each round of voting until one person
obtains a majority vote. If no nominee obtains a majority in round one, there is
another round of voting but the nominee with the least number of votes does not
move on to round two. If there are four nominees in round one, the nominee with
the most votes wins. If only one member is nominated to serve as Vice-Mayor, the
Mayor shall declare the nominee appointed by acclamation without the necessity of
a vote.
(Ord. No. 03-063, S 1, 12-16-03; Ord. No. 08-005, S 3, 4-1-08)
S:\CC\WP\EasyAgenda Items\Agenda Items\2010\Sec 2-1-2 - Vice Mayor Appointment.doc
9 of 289
OATH OF OFFICE
I, . DO SOLEMNLY SWEAR OR AFFIRM
THAT I WILL SUPPORT, PROTECT AND DEFEND THE CONSTITUTION
AND GOVERNMENT OF THE UNITED STATES, THE STATE OF FLORIDA
AND THE CITY OF BOYNTON BEACH; THAT I AM DULY QUALIFIED TO
HOLD OFFICE UNDER THE CONSTITUTION AND LAWS OF THE STATE
AND THE CITY OF BOYNTON BEACH; AND THAT I WILL WELL AND
FAITHFULLY PERFORM THE DUTIES OF VICE MAYOR OF THE CITY OF
BOYNTON BEACH, FLORIDA.
DATED this 20th day of April, 2010
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 20th day of April 2010 by
He/She is personally known to me or has produced
as identification.
NOTARY PUBLIC
Janet M. Prainito
Print or Type Name
Commission No.
My Commission Expires:
S:\CC\WP\ELECTION\Year 2010 Candidates\OATH OF OFFICE - VICE MAYOR.doc
100[289
3.A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
D OPENINGS rJ PUBLIC HEARING
D OTHER D CITY MANAGER'S REPORT
~ ANNOU NCEMENTS/PRESENT A TIONS rJ 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 recognizing May 2 - May 8\ 2010
as Municipal Clerk's Week.
EXPLANATION OF REQUEST: In 1969, the International Institute of Municipal Clerks (IIMC)
initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local
government. The City Clerk's office helps to administer the laws and services that directly
affect the daily lives of our citizens. They are dedicated professionals who play an
instrumental role in maintaining the efficiency and effectiveness of the public sector.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This proclamation will provide awareness
of the City Clerk's office and its function in local government to provide and maintain
information for the citizens, other departments and the Commission.
FISCAL IMPACT: None
ALTERNATIVES: Do not present the proclamation.
11 of289
Proclamation
Whereas, The Office of the Municipal Clerk, a time honored and vital part of
local government exists throughout the world, and
Whereas, The Office of the Municipal Clerk is the oldest among public
servants, and
Whereas, The Office of the Municipal Clerk provides the professional link
between the citizens, the local governing bodies and agencies of government
at other levels, and
Whereas, Municipal Clerks have pledged to be ever mindful of their
neutrality and impartiality, rendering equal service to all.
Whereas, The Municipal Clerk serves as the information center on functions
of local government and community.
Whereas, Municipal Clerks continually strive to improve the administration
of the affairs of the Office of the Municipal Clerk through participation in
education programs, seminars, workshops and the annual meetings of their
state, province, county and international professional organizations.
Whereas, it is most appropriate that we recognize the accomplishments of the
Office of the Municipal Clerk.
Now, Therefore, I, Jose Rodriguez, Mayor of the City of Boynton Beach, do
recognize the week of May 2 through May 8, 2010, as
Municipal Clerks Week,
and further extend appreciation to our Municipal Clerk, Janet Prainito and
to all Municipal Clerks for the vital services they perform and their
exemplary dedication to the communities they represent.
In witness thereof, I have hereunto set my hand and caused the Seal of the
City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, this
20th day of April in the year 2010.
Jose Rodriguez, Mayor
Attest:
Janet M. Prainito, MMC
(Corporate Seal)
120f289
3.B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
~ 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: Present a Proclamation celebrating Silver Star Service
Banner Day - May 1,2010.
EXPLANATION OF REQUEST: The Silver Star Families of America have freely given thousands of
Silver Star Banners to the wounded and their families. Their sole mission is that every time
someone sees a Silver Star Banner in a window, or a Silver Star Flag flying, that people
remember they sacrificed for this City, State and Nation.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Proclamation will help raise public
awareness of the sacrifice of so many in our Armed Forces that should never be forgotten,
FISCAL IMPACT: None
ALTERNATIVES: Not present Proclamation
13 of 289
PROCLAMA TION
WHEREAS, the City of Boynton Beach has always honored the sacrifice of the men and
women in the Armed Forces, and
WHEREAS, The Silver Star Families of America was formed to make sure we remember the
blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star Banner
and Flag, and
WHEREAS, to date The Silver Star Families of America has freely given thousands of Silver
Star Banners to the wounded and their families, and
WHEREAS, the members of The Silver Star Families of America have worked tirelessly to
provide the wounded of this City and Country with Silver Star Banners, Flags and care
packages,and
WHEREAS, The Silver Star Families of America's sole mission is that every time someone
sees a Silver Star Banner in a window or a Silver Star Flag flying, that people remember they
sacrificed for this City, State and Nation, and
WHEREAS, the people and Mayor of Boynton Beach wish that the sacrifice of so many in
our Armed Forces never be forgotten;
NOW THEREFORE, I, Jose Rodriguez, Mayor of the City of Boynton Beach do hereby
proclaim my appreciation of the Silver Star Families of America and honor their commitment
to our wounded Armed Forces members by declaring May IS" 2010
"SILVER STAR SERVICE BANNER DA Y"
the permanent and official day to honor the wounded and ill Soldiers of the City of Boynton
Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of
the City of Boynton Beach in the State ofFlorida this day 20th day of April, 2010.
Jose Rodriguez, Mayor
City of Boynton Beach
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
140f289
5.A
ADMINISTRATIVE
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS rJ PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
0 AN NOUNCEMENTS/PRESENT A TIONS 0 FUTURE AGENDA ITEMS
NATURE OF ~ ADMINISTRATIVE 0 NEW BUSINESS
AGENDA ITEM 0
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: 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.
150f289
APPOINTMENTS FOR APRIL 20, 2010
Appointment Length of Term
To Be Made Board Exoiration Date
II Hay Bldg. Bd. of Adj. &. Appeals Alt 1 yr term to 12/10
I Orlove Bldg. Bd. of Adj. &. Appeals Alt 1 yr term to 12/10 Tabled (2)
III Holzman Cemetery Board Reg 3 yr term to 12/12 Tabled (2)
IV Ross Cemetery Boa rd Alt 1 yr term to 12/10 Tabled (2)
IV Ross Code Compliance Board Alt 1 yr term to 12/10 Tabled (2)
II Hay Community Relations ed. Alt 1 yr term to 12/10 Tabled (3)
Mayor Rodriguez Education &. Youth Advisory Board Stu N/V 1 yr term to 12/10
IV Ross Library Board Alt 1 yr term to 12/10 Tabled (2)
II Hay Planning and Development Board Alt 1 yr term to 12/10 Tabled (2)
II Hay Recreation &. Parks Board Alt. 1 yr term to 12/10 Tabled (3)
III Holzman Recreation &. Parks Board AIt 1 yr term to 12/10 Tabled (2)
Mayor Rodriguez Senior Advisory Board A1t 1 yr term to 12/10 Tabled (2)
I Orlove Senior Advisory Board Aft 1 yr term to 12/10 Tabled (2)
1II Holzman Veterans Adv. Commission Alt 1 yr term to 12/10 Tabled (2)
160f289
Last Name
Blass
I
APPLICANT ELIGIBLE FOR APPOINTMENT 04/20/10
First
Name
Piotr Dr.
James
Ben
1 Choice
2" Choice 3 Choice
170f289
Arts Commission
(Alternate)
5.B
ADMINISTRATIVE
April 20, 2010
, ,.j"
.' :i ~r-
'. 17 i'
~'-z ;:_:,;~:<;~ ,.:--
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 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 LEGAL
0 BIDS AND PURCHASES OVER $100,000 0 UNFINISHED BUSINESS
CODE COMPLIANCE AND LEGAL
0 SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Appoint an eligible member of the community to serve on
the Historical Preservation Ad Hoc Committee.
EXPLANATION OF REQUEST: At the October 20,2009 City Commission meeting, appointments
were made for the Historical Preservation Ad Hoc Committee, On March 9, 2010, Steven
Hozlman, a regular member of the Committee, was elected to serve as Commissioner for
District III, creating a vacancy on the Historical Preservation Ad Hoc Committee.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Historical Preservation Ad Hoc
Committee will function with only six members and lose the expertise, knowledge and
experience of working with one less member. The four individuals who applied for
appointment to the Committee and not selected, have been contacted to confirm their
continued interest in being a member of the Committee.
FISCAL IMPACT: None.
ALTERNATIVES: 1.) Not appoint a replacement. 2.) Table the appointment and actively recruit a
new member.
180f289
Page 1 of 1
Pyle, Judith
From: Kahn, Stephanie
Sent: Wednesday, March 31, 20103:33 PM
To: 'warren adams'
Cc: Prainito, Janet; Pyle, Judith
Subject: RE: Ad Hoc Committee
Hi Warren,
Yes, the City Clerk's Office is aware of this. Thanks.
Best regards,
Steyfianie 'D. Xafin
Recording Secretary
City Clerk's Office
City of Boynton Beach
561-742-6764
kahns@bbfl.us
From: warren adams [mailto:warrenadams1@yahoo.com]
Sent: Wednesday, March 31, 20102:31 PM
To: Kahn, Stephanie
Subject: Fw: Ad Hoc Committee
Hi Stephanie,
Did Steven inform you that he will be stepping down from the Ad Hoc Committee?
Warren
----- FolWarded Message ----
From: "Holzman, Steven" <HolzmanS@bbfl,us>
To: warrenadams1@yahoo.com
Sent: Man, March 29, 2010 11:05:36 AM
Subject: Ad Hoc Committee
Warren.
I am writing you as the Chair of the committee to inform you that I will be stepping down as a member of the Ad Hoc
Committee, due to my recent election to the city commission. I am vel)' focused on developing a historical preservation
ordinance for the city and hope that my new position will help with this matter. As the committee moves forward, please let
me know if I can be of assistance.
Thank you,
Steven Holzman
4/12/2010
190[289
2010
HISTORIC PRESERVATION AD HOC COMMITTEE
PHONE
PROFESSION
MEMBER
Warren Adams - Chair
1020 NW 8th Street
Boynton Beach, FI 33426
731-2125
warrenadams 1@vahoo.com
Executive Director Broward Trust
for Historic Preservation
Gaylord Allan Hendricks
122 SE 4th Avenue
Boynton Beach, FL 33435
Landscape Architect
allan@2cwiassoc.com
OPEN
Eric D. Jones MBA
3360 East Atlantic Drive
Boynton Beach, FL 33435
312-5305
hoveriones@aol.com
Supervisor Home Depot
John E. McGovern
2620 Spiceberry Lane
Boynton Beach, FI 33436
736-5568
john-mCaovern@att.net
Administrator-State of Florida
Barbara Ready
329 SW 13 Avenue
Boynton Beach, FL 33435
734-3646
fivereadv@aol.com
Banking
Linda Stabile
3811 Wall Street
Delray Beach, FL 33483
734-6386
L1stabile@amail.com
Retired College Professor
Staff Liaison
Mike Rumpf
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
742-6261
rum pfm@2bbfl.us
Planning & Zoning
S:\CC\WP\BOARDS\LlSTS\2010 Board Lists\Historic Preservation Ad Hoc Committee.doc
Last printed 4113120 10 1 :50:00 PM
20 of 289
6,A
CONSENT AGENDA
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
0 ANNO U NCEMENTS/PR ESENT A TIONS 0 FUTURE AGENDA ITEMS
NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS
AGENDA ITEM
i:8J 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 meeting
held on April 6,2010.
EXPLANATION OF REQUEST: The City Commission met on April 6, 2010 and minutes were
prepared from the notes taken at the meeting 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
21 of289
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
AT 6:30 P.M" ON TUES!>AY, APRIL 6,2010
Present:
Jose Rodriguez, Mayor
Woodrow L. Hay, Vice Mayor
William Orlove, Commissioner
Steven Holzman, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet M. Prainito, City Clerk
1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor Hay
Mayor Rodriguez called the meeting to order at 6:39 p.m. Vice Mayor Hay gave the
invocation and led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Orlove pulled Item 6.E. Commissioner Holzman pulled Item 6.0.
Motion
Vice Mayor Hay moved to table Item 6.H. Commissioner Ross seconded the motion.
The motion passed unanimously.
Attorney Cherof indicated Item 7.A. should be moved to Legal, Item 13.A for first
reading of the Ordinance which did not require a public hearing.
Commissioner Ross requested to add a discussion regarding the Children Services
Council and proposed legislation. Mayor Rodriguez added the item under New
Business.
Commissioner Holzman pulled Item 6.F
Commissioner Ross also suggested an item regarding the salary increases for
Commissioners be added under New Business. Mayor Rodriguez agreed.
220f289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda. Commissioner Orlove seconded the
motion. The motion passed unanimously.
2, OTHER
A. Informational Items by Members of the City Commission
Commissioner Ross noted Galaxy Elementary had their annual softball tournament
against Leisureville. The kids did triumphant. Commissioner Ross had thrown the first
pitch. She also attended Career Day at Crosspointe Elementary, a Title I school and
had spoken to fourth and fifth grade classes. The City Manager had attended the event.
Commissioner Ross announced the Fire Department chili cook-off and fishing
tournament would be held on Saturday, April 10th at Boat Club Park commencing at 10
a.m. She attended the "Love of Literacy Luncheon" at the Kravitz Center and enjoyed
the speaker and the program. Some City employees and the City Manager had
attended the event.
Vice Mayor Hay attended the League of Cities luncheon and was nominated to be on
the Board of Directors.
Commissioner Orlove thanked staff for accommodating his two-day tour of the
departments to learn about their responsibilities and meet the employees. It made him
proud to be an elected official and a resident. He had attended the 'Love of Literacy"
luncheon and applauded the City's Library for the AmeriaCore volunteer who worked
with 25 kids every day on homework, math and reading. Commissioner Ross added the
AmeriaCore program was part of the Literacy Coalition of Palm Beach County.
Mayor Rodriguez commented he had the honor of attending the re-dedication of the
Royal Palm School, a special needs school, and urged citizens to volunteer at the
school.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announce the upcoming Ocean Avenue Concert.
Kathy Biscuiti, Special Events Director, announced the concert series would continue on
April 16th featuring "Cricklewood" a real favorite in the area. It would be held at the
Ocean Avenue Amphitheater from 6 p.m. to 9 p.m. There would be ample parking and
vendors on site. No pets would be allowed.
2
23 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
B. Announce the musical performance, "A Tribute to Neil Diamond Featuring Neil
Zirconia - The Ultimate Faux Diamond.
Ginny Shea, Senior Manager for Recreation and Parks Department, announced the Neil
Diamond Tribute featuring Neil Zirconia that would be held at the Civic Center on April
17'h beginning at 7 p.m. She urged everyone to support the event and enjoy the show.
C. Present a Proclamation for Arbor Day - April 28, 2010.
Mayor Rodriguez proclaimed April 28th as Arbor Day in the City of Boynton Beach and
presented Glenda Hall of Forestry and Grounds with the proclamation. Ms. Hall
announced the celebration at the Jaycee Park beginning at 9 a.m. that would include
the 8th grade science class from St. Mark, the Boynton Beach Garden Club and the
Parks Department.
D. Present a Proclamation for Water Conservation Month -- April, 2010.
Ms. Laura Corry, Lead Intergovernmental Representative of the South Florida Water
Management Governing Board was present to accept the Proclamation for Water
Conservation Month. The month of April was proclaimed Water Conservation Month by
Mayor Rodriguez.
Ms. Corry thanked the Commission for the proclamation.
E. Present a Proclamation for Water Reuse Week -- May 10-16, 2010.
The Proclamation for Water Reuse Week, May 10-16, was read by Mayor Rodriguez
and presented to Ms Corry.
Ms. Corry thanked the City for their efforts in utilizing reuse water to save the precious
water supply.
F. Present a Proclamation to the Boynton Beach Police Department
Communications Section commemorating National Telecommunicator's Week -
- April 11-17, 2010.
National Telecommunicator's Week, April 11-17, in the City of Boynton Beach, was
honored with a Proclamation. Lt. Grant Lanier and many of the employees in the
Dispatch Department were present and accepted the Proclamation after it was read by
Mayor Rodriguez. Lt. Lanier thanked the City for the recognition of Dispatchers and the
work they perform.
G. Present a Proclamation celebrating National Library Week -- April 11-17, 2010.
3
24 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Mayor Rodriguez read the Proclamation recognizing the week of April 11-17 as National
Library Week. Craig Clark, Director, accepted the Proclamation and announced the
Boynton Beach Magical History Tour to be held on April 191h from 9:30 to 11 a.m. It is a
fund raiser for the Friends of the Library at $20 per person.
H. Present a Proclamation celebrating Earth Day on April 22, 2009 and Earth
Week April 19-25, 2010.
A Proclamation recognizing Earth Day on April 22nd and Earth Week, April 19-25 was
read and presented to Carisse Lejeune, Assistant to the City Manager. She announced
there would be week-long activities in the Library, sculpture exhibits, various speakers,
recycling and other information available. Earth Day t-shirts were presented to the
Commission.
I. Announce the Palm Beach International Film Festival outdoor screening
Ms. Biscuiti announced the Boynton Beach Community Redevelopment Agency was
partnering with the Palm Beach International Film Festival to present their only nighttime
screening. It would be at the Ocean Avenue Amphitheater. The movie would start at
approximately 7:45 p.m. showing the movie, "Chicago". Food and drink vendors would
be available. No pets were allowed.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (a
t 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)
Mayor Rodriguez reviewed the procedure and opportunities for public participation. He
directed all questions be addressed to the Mayor.
Frank Dinnino, owner and Board Member at West Quantum Plaza, Condo Association
at 2445 Quantum Boulevard, discussed the issue of the operation of a Pain Clinic at the
Plaza and associated crime and problems. He indicated the Clinic attracted many
patrons from other states consuming all the available parking, nonstop traffic, public
urination and drug use in and around the businesses in the plaza. He urged the
Commission to ban the sale of pills on the premises at clinics. He submitted an article
from the community newspaper in Pompano where the ban was initiated. Mr. Dinnino
had worked with the Police Department, but asked the Commission to more closely
scrutinize these types of businesses within the City.
4
25 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Mayor ROdriguez commented the Commission had acted to curtail pain clinics from
opening within the City. Action would be taken against those clinics illegally dispensing
drugs.
Chad Birch, a business owner in the Plaza and another business owner, explained the
issue was the classification of the prescriptions being dispensed was Class III narcotics.
He suggested the Commission limit the prescription of those types of drugs and require
the prescription to be filled at pharmacies.
Frank Dinardo, business owner in the West Quantum Plaza, advised the situation was
totally out of control. His secretary was working from her home because of the fear
factor created by the patrons of the pain clinic. It had greatly influenced his business.
Mayor Rodriguez recognized there were many victims of the abuse and the City did
take the matter seriously and would continue to address it as best it could. He
encouraged the business owners to keep the Police Department apprised of the
problems. A speedy resolution to the problem was anticipated.
Commissioner Orlove inquired if the existing issues could be addressed in the
resolution being proposed with the Notice of Intent. Attorney Cherof advised it was
possible. In the interim, it would be a law enforcement issue and he suggested the
citizens contact their State Legislators for resolution on the State level.
Chief Immler, Police Department indicated a task force had been established with the
County Sheriff Department, area municipal Police Departments and various federal
agencies at a pain clinic summit that had recently been held. The groups also sought
assistance from the State government to give law enforcement the authority to deal with
the mass distribution of narcotics at pain clinics. He noted, unfortunately, the current
activity is legal. A doctor is present who reviews bogus medical reports and treats
complaints of pain with large supplies of narcotics. The medical association was
supportive, but did not want to restrict their ability to legitimately dispense medication to
patients in legitimate pain. The task force was being proactive in their approach and
made some early arrests and successes. There are currently nine pain clinics within
the City of Boynton Beach.
Mark Karageorge, 240A Main Boulevard, thanked the citizens who had brought the
issue to the attention of the Police Department and the Commission. He commended
Chief Immler for addressing the issue quickly. Mr. Karageorge alleged there was an
issue with the conduct of an Assistant City Attorney who had attended the recent Code
Compliance Board meeting. Mr. Karageorge indicated he did not want to violate any of
the Sunshine Law provisions or ethical considerations so he brought the issue before
the Commission in a public meeting.
5
26 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Mayor Rodriguez indicated direct contact with the Mayor, City Attorney or City Manager
would not violate any Sunshine Law provision and he encouraged Mr. Karageorge, in
the future, to contact himself or the District Commissioner with any concern.
Attorney Cherof advised a meeting had taken place with the Chair of the Code
Compliance Board to address the issues that had occurred and develop remedies for
the situation. Attorney Cherof encouraged Mr. Karageorge to call him at any time.
Mayor Rodriguez advised he would further review the matter.
Don Scantlan, 13 Cedar Circle, spoke on behalf of Workforce Alliance. The County
had received $30 million to put Floridians back to work with subsidized employment
programs. Applicants and those who wanted jobs were needed to come to the Center
and apply for the available jobs. The requirements were the household income had to
be below 200% of the federal poverty level and a minor living in the household. Mr.
Scantlan also thanked the City for the opportunity to attend the City Services Institute.
Susan Mandell, the proud founding President, Educator and Visionary of the Thank
You For Your Ride, Room 101E, a team-based spin class room of the Palm Beach
School District introduced her program. It focused on the wellness and health of all
those in the City of Boynton Beach and throughout Florida. She wanted to partner with
the City to provide rewards and incentives for school-age children to exercise and attain
their fitness goals. The facility was on Ocean Avenue at Marina Village and she
encouraged everyone to make it part of their lifestyle. There was no price or fee.
Mayor Rodriguez announced a Mayor's Walk was being implemented in the City of
Boynton Beach to promote wellness.
Herb Suss, 1711 Woodfern, thanked Vice Mayor Hay for recognizing his personal
holiday. He thanked the City for his CERT training and being able to assist a man who
had fallen at the Kravitz Center. He urged everyone to undertake the CERT training.
Mr. Suss encouraged others to visit The Links golf course and the available nature walk
through the Audubon Society's certified nature area. He also stressed the Commission
and residents should voice their opposition to pending State legislation relating to
teacher's pay being related to measurable outcomes.
John Nickels, 119 SW 3rd Avenue, a new resident, had a contractor's license to
fabricate granite. He could not afford a commercial location and a home. Assistance
was needed to allow him to fabricate granite in his driveway, in his truck.
Mr. Bressner suggested Michael Rumpf be contacted to assist in resolving the issue.
Charles Gaulkin, Colonial Club, Federal Highway, thanked the City for the quick
response regarding the drainage issue on Federal Highway. He suggested a City
6
270[289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
representative be appointed to Boynton Intracoastal Group with 5,000 residents, to
address any issues in the area along the intercoastal and the various associations.
Mayor Rodriguez suggested the item be added to Future Agenda. Commissioner
Holzman welcomed contact to discuss any concerns.
Victor Norfus, 261 North Palm Drive, presented a newsletter from the Heart of
Boynton. He called attention to a rash of windows being broken in his neighborhood.
Vice Mayor Hay had been advised of the pattern that was developing. Mr. Norfus
remarked the Animal Control Department was understaffed and proper staffing was
essential. On behalf of the Community Relations Board, he thanked the Commission
for their support.
Commissioner Ross recognized Officer Liz Roehrich, who worked as an Animal Control
Officer.
Cliff Montross, congratulated the Mayor and asked that the citizens give the Mayor a
chance to lead the City and take the City in the right direction.
No one else coming forward, Mayor Rodriguez closed the Public Audience.
5. ADMINISTRATIVE
A. Accept the resignation of Jeff Lis, a regular member of the Planning and
Development Board.
Motion
Commissioner Ross moved to accept the resignation of Jeff Lis, a regular member of
the Planning and Development Board. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
B. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
Motion
Commissioner Ross moved to appoint Emily Schweitzer as a student regular voting
member of the Education and Youth Advisory Board. Vice Mayor Hay seconded the
motion. The motion passed unanimously.
Mayor Rodriguez suggested an alternate on the Planning and Development Board be
appointed to replace Mr. Lis.
7
28 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Motion
Commissioner Orlove moved to appoint Sharon Grcevic as a Regular Member of the
Planning and Development Board. Commissioner Ross seconded the motion. The
motion passed unanimously.
Mayor Rodriguez inquired if the Commission would allow appointments to be made
immediately to replace any vacancies on the boards. Vice Mayor Hay wanted to open
the process up for other applications to be reviewed and afford everyone an equal
opportunity.
There was consensus to make appointments immediately upon acceptance of a
resignation. Vice Mayor Hay cautioned that some applicants request status as only a
regular or only as an alternate.
Motion
Commissioner Ross moved to table the rest of the appointments. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
C. PROPOSED RESOLUTION NO. R10-033 -- Appoint a City Commission
representative and alternate to the Metropolitan Planning Organization.
Mayor Rodriguez had been the representative and would continue to do so, unless
there were others interested.
Motion
Commissioner Orlove moved to keep the appointment the same. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
Commissioner Ross noted she had served as the representative and the Organization
addressed very important issues such as transportation.
There was agreement to allow all the Commissioners to act as alternates.
D. PROPOSED RESOLUTION NO. R10-034 -- Re: Appointing a City
Commission representative and alternate to the Countywide Intergovernmental
Coordination Program.
Mr. Bressner noted the Assistant City Manager currently served as the representative.
The preference was to have an elected official participate in the program.
Commissioner Orlove expressed an interest in serving. Ms. LaVerriere, Assistant City
Manager, explained the program addressed multi-jurisdictional boundaries and issues.
B
29 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Motion
Commissioner Ross moved to appoint Commissioner Orlove. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
It was agreed that Ms. LaVerriere would act as the alternate.
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.
Motion
Commissioner Ross moved to appointed Vice Mayor Hay as the representative on the
Palm Beach County League of Cities. Commissioner Orlove seconded the motion. The
motion passed unanimously.
All other members of the Commission would serve as alternates.
F. PROPOSED RESOLUTION NO. R10-036 -- Appointing a City Commission
representative and alternate to the Coalition of Boynton West Residents
Association (COBWRA)
Commissioner Ross expressed an interest in continuing as the representative. She had
a good relationship with the President of the organization, Mr. Ken Lassiter.
Motion
Vice Mayor Hay moved to re-appointment Commissioner Ross. Commissioner Holzman
seconded the motion. The motion passed unanimously.
Motion
Vice Mayor Hay moved to appoint Commissioner Holzman as an alternate.
Commissioner Orlove seconded the motion. The motion passed unanimously.
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.
9
30 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
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 NO. 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. (GSG 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.
This item was pulled for discussion by Commissioner Holzman.
Barry Atwood, Finance Director, explained the Fire Assessment had to be re-authorized
after the original Assessment had sunset. The proposed resolution would approve an
agreement with Government Services Group to provide the technical support not
available with staff. It would not commit the Commission to assess the Fire
Assessment, it would allow for the collection of information to make the decision.
Commissioner Holzman suggested the request may have been premature since a
decision had not been made to continue the Fire Assessment. Mr. Atwood replied, due
to TRIM notifications, the data had to be compiled early to meet the notice
requirements. Commissioner Holzman inquired if the data had changed significantly
since the last assessment. Mr. Atwood responded the Company would draw down all
the parcels in the City and the ownership of the parcels for presentation and
aggregation. Ownership changes and separate notices would have to be sent to those
owners. The Fire Assessment could not be continued without the necessary data
compiled and owners noticed. Vice Mayor Hay supported the proposal. Mayor
Rodriguez concurred it was necessary. Mr. Atwood noted some of the work was being
done by staff, but the analysis and categorization could not be done by staff. Requests
for Proposals had been sent out previously and GSG, Inc. offered the lowest price and
was the most experienced with the City.
Motion
Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. The
motion passed unanimously.
10
310f289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
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. (CDCs), to act as developer under the
City of Boynton Beach's Neighborhood Stabilization Program (NSP).
Commissioner Orlove had pulled Item 6.E for discussion. He noted the Districts with
the most need were Districts II and IV. The government had designated certain areas
and he hoped other areas of the City would be considered in the future.
Quintus Greene, Development Director, agreed the government had established the
funding would go to the Districts with the largest number of foreclosed properties. The
checklist supplied by the Housing Urban Development (HUD) required the City to
establish the areas with the greatest supply of foreclosed properties. The Commission
had expressed the desire to go City-wide. HUD disagreed and advised specific areas
had to be designated.
Commissioner Ross noted the information provided indicated the gap between Districts
on the number of foreclosures had gotten smaller. She hoped HUD would consider the
2010 data. Mr. Greene was willing to pursue the issue of City-wide use of the funds.
Vice Mayor Hay recalled the decision had been made to use the funds City-wide except
for $400,000 that would assist first time homebuyers within the Heart of Boynton Beach.
Mayor Rodriguez questioned the actual inventory of foreclosed homes within each
district. He also felt it should be a City-wide initiative and inquired where the monies
would ultimately go when the homes were bought, rehabbed and resold.
Octavia Sherrod, Community Improvement Manager, replied HUD had supplied the
foreclosure counts for each of the municipalities. A specific system was used to tally
the foreclosures and the number of homes at-risk of going into foreclosure. The number
of sub-prime mortgages in the community was also part of the tabulation.
Ms. Sherrod explained she had requested HUD expand the funding City-wide and HUD
refused. She preferred the program be City-wide, based on the figures having
accelerated since 2008. The areas not in the plan approved by HUD would have to wait
for HUD approval. The instructions from HUD were to use the money where it can
garner the greatest impact. With regard to the resale dollars, Ms. Sherrod noted there
was no requirement to sell the rehabbed homes for a profit. She also indicated any
profits received have to be used before any new allocations would be made.
Mayor Rodriguez recalled the original decision to use $400,000 exclusively in the Heart
of Boynton would now give District" the benefit of the $400,000 plus at least half of the
total dollars shared with District IV.
11
32 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Ms. Sherrod stressed the rules on the funding have been changing almost on a daily
basis as the program evolved.
Mayor Rodriguez was interested in the CDCs developing a solid plan of action to move
the project forward. Ms. Sherrod mentioned liability issues had to be factored into the
equation and partnering with the COC would alleviate the risk for the City. The CDC
would have title to the properties and would have to manage and maintain the
properties.
Keturah Joseph, of the CDC, advised a plan had been submitted to the Community
Improvement Manager and the Development Director. She stressed she had over 20
years experience in managing properties. Although the approval had not yet been
given, the COC had already accumulated data on the available properties and had a list
of 12 properties available for purchase. Negotiations with the lenders would commence
as soon as the agreement would be signed. The CDC had years of experience in
identifying buyers, counseling the buyers and assisting them with financing. They have
assisted 120 families in the last ten years in the City of Boynton Beach. Ms. Joseph did
acknowledge taking ownership of the property was a different aspect, but not something
they could not manage.
Mayor Rodriguez expressed concern the plan had not been in place and distributed to
the Commission prior to the meeting. Ms. Joseph advised there was an internal plan in
place, but she had not been requested to produce the plan until recently.
Commissioner Holzman's concerns addressed the use of the COCs and inquired if a
Request For Proposal (RFP) was issued or other organizations investigated. Ms.
Sherrod advised there was no requirement for an RFP. Since the CDCs were sub-
recipients of the CDBG funds, the City could delegate to them. It is an NSP ruling.
There are only two non-profits in the jurisdiction and the direction was to work with
eligible non-profit organizations. The CDCs have worked with the City and CRA and
for-profit developers. It was felt they were the most appropriate non-profits having the
longest history with the City. They are a HUD certified housing agency and have COBG
experience.
Commissioner Holzman expressed his concern that the City had not looked at any other
organizations or discussed the selection with any other individuals. He stressed the
City should keep itself open to all who could provide services. Ms. Sherrod responded
the City had worked with other non-profits in the area. The Boynton CDes had provided
probably 95% of the assistance needed in the past. HUD approved the use of the
CDCs.
Commissioner Holzman questioned why staff could not provide the service so the 13%
paid to the COC to administer the program could be used to further rehabilitate another
home or purchase more properties. Ms. Sherrod emphasized it would be a tremendous
12
33 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6.2010
strain on the existing staff. Commissioner Holzman pointed out if the staff would be
overseeing the program, perhaps they could administer the program too. Ms. Sherrod
explained handling the magnitude of the phone calls and participants in the program
would be a strain on the entire staff.
Vice Mayor Hay understood there was a timeline to get the funds expended and the
CDC would be able to expedite the process better than the City. Mr. Greene agreed.
He also quoted from the restrictions placed on the City by HUD, "The City received
three times its FY 2008 CDBG allocation. HUD has determined that any grantee
receiving NSP funding in excess of three times its FY 2008 CDBG allocation is at high
risk that its management system is inadequate to administer these funds. Since your
NSP grant amount is greater than three times your jurisdiction's FY 2008 CDBG
allocation, the NSP grant agreement contains a special condition requiring information
to be submitted demonstrating the adequacy of staff and other resources to administer
the NSP grant." Part of the City's response to the HUD condition was the retention of
the CDC.
Commissioner Ross understood the requirement and hoped staff could continue to
move forward with the plan. She established that the number of homes involved would
be 12 to 15 properties. Commissioner Ross was eager to have staff work with the CDC
until September on the foreclosed homes. Ms. Sherrod stressed with the changing real
estate market, there was no way to estimate how many homes would be involved.
Commissioner Holzman calculated the CDC would receive approximately $500,000 or
13% for administration of the program. Ms. Sherrod replied other municipalities had
been surveyed to determine the rate as well as the industry standard which was 12% to
15%. Commissioner Holzman noted the 13% could be used to hire one person to
administer the program.
Mayor Rodriguez inquired about the impact of tabling the matter until a plan could be
produced and reviewed. Ms. Sherrod replied the City would lag behind in the program.
Mayor Rodriguez reiterated his concern that a definitive plan of action from the CDC
and the City staff had not been presented to the Commission. Ms. Sherrod clarified the
monies would only be dispersed at time of closing.
Commissioner Ross questioned if the City Manager had confidence in staff that a plan
was in place and would be executed so the 12 to 15 homes can be developed and
completed by September. Mr. Bressner pointed out the agreement contained the
responsibilities of the parties and the timeframe required by HUD. He wanted the
Development staff to have a focused, direct, specific work agenda for the project and
devote their energies and talents to the project and make that commitment to the
Commission. Staff productivity on the project currently did not meet the high standard
and focused team work would be needed to complete the program by September. He
could not give the Commission 100% endorsement of staff.
13
34 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Vice Mayor Hay and Commissioner Ross indicated they wanted the program to move
forward as soon as possible and had trust in the staff based on their past record.
Oelaying the implementation of the program would hurt the citizens and the City should
take full advantage of the NSP funds being available. The two local COCs have already
produced and assisted many home buyers and have a good track record. The funds
should not be jeopardized to question their competency. There appeared to be a
problem with the City creating road blocks to detour progress and help its citizens.
Commissioner Orlove agreed with Vice Mayor Hay and Commissioner Ross. The
longer the Commission delayed the 12-15 homes would not be available.
Motion
Commissioner Orlove moved to move the program forward. Commissioner Ross
seconded the motion.
Mayor Rodriguez opened the issue for public comment.
Mark Karageorge, 240A Main Boulevard, discussed the allowable administrative cost
was 10% or over $296,000. Mayor Rodriguez explained there were administrative costs
for both entities. Mr. Karageorge commended the COC for the excellent job they have
done in the past six years to place citizens in homes. Both COCs have a track record of
success. He was concerned with the administrative fees being wasted paying both
entities when the monies could be used for property improvements. The program did
need to move forward.
Brian Edwards, 629 NE 9th Avenue, supported the program moving forward. The
concerns over the administrative costs were important, but the National Organization for
Charities supports a 25% fee. He argued 13% was a good deal and other purchases
that the City and CRA have conducted involved much more than 13% in administrative
costs. The community involved is one that needs the help the most. The COCs have
people from the community helping the City to develop and re-develop the community
and save the City money. Mr. Edwards stressed the COCs have partnered with the City
for many years and he was frustrated with the constant argument about the
administrative fee for a program that could help so many.
Commissioner Holzman indicated he wanted to move forward with the program as well,
but remained concerned with utilizing the two organizations without further investigation
into possible alternative organizations. He perceived a lack of transparency in the way
the agreement was written.
Mayor Rodriguez commented the COCs have done a great job counseling and pre-
qualifying potential homeowners. He did not know if they had completed acquisitions of
14
35 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
the magnitude of the current project. His biggest concern was he held the City Manager
responsible for the City and if the City Manager was uncomfortable with the plan, he
was uncomfortable and could not support the plan. Mayor Rodriguez preferred the
matter be tabled.
Vice Mayor Hay understood the observations of the Commission. He did have
confidence in the City Manager, but would like to have more detail on his concerns with
the Department in question. It should not; however, impede the progress of the
program. The details could be worked out at a later time.
The motion passed 3-2 (Mayor Rodriguez and Commissioner Holzman dissenting).
F. PROPOSED RESOLUTION NO. R10-040 -- Ratify the SEIU Florida Public
Services Union White Collar FY 2009/2010 Collective Bargaining Agreement.
Commissioner Holzman requested discussion on the pending MOU under Future
Agenda items and the impact on this collective bargaining agreement. Attorney Cheraf
explained the collective bargaining agreement was a stand-alone document. The MOU
requested that the monetary benefits that were required to be paid pending ratification
would not be recouped through payroll deduction. The collective bargaining agreement
is totally consistent with the Commission and bargaining unit approvals.
Motion
Vice Mayor Hay moved to approve. Commissioner Holzman seconded the motion. The
motion passed unanimously.
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.
(This item was previously tabled)
7. BIDS AND PURCHASES OVER $100,000
None
8, CODE COMPLIANCE & LEGAL SETTLEMENTS
None
15
360f289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
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 1st
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)
(This item was moved to Legal, 13.A)
10. CITY MANAGER'S REPORT
A. Accept the final report from the Green Community Alliance as an informational
item.
Carisse Lejeune, Assistant to the City Manager, reviewed the history of the creation of
the Green Community Alliance that created implementation programs and strategies to
be considered. The resulting report had been provided to the Consultant, COM, to be
utilized in the creation of the Climate Action Plan She recognized the members of the
Community Alliance that were present.
Vice Mayor Hay commented they had done a fantastic job. Commissioner Orlove
indicated he was very impressed with the report, especially the transportation and
alternative fuel sections. He also commended Commissioner Ross for her involvement.
Commissioner Orlove inquired if other communities had undertaken similar programs.
Ms. Lejeune replied the City was a leader in Palm Beach County being the first
municipality to complete a Greenhouse Gas Inventory and a Climate Action Plan for
future sustainability of the City of Boynton Beach.
Commissioner Ross recognized the efforts of the Alliance as well as the subteams for
renewal/alternative energy and fuel utility, sustainable construction, land
use/landscaping and irrigation, transportation and education. Ms. Lejeune stressed the
education component would be ongoing for the future.
Motion
Commissioner Ross moved to accept the report of the Green Community Alliance.
Commissioner Orlove seconded the motion. The motion passed unanimously.
16
370f289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
B. Accept report and presentation from COM for the City of Boynton Beach
Greenhouse Gas Emission Inventory.
Dr. Patrick Gleason and Lauren Miller of COM presented a PowerPoint presentation
that is attached to the minutes. It was informational only and no decisions were
required. The work was 100% supported by grant funds from the Department of
Energy. If the suggestions were implemented, the savings could be over $1 million
annually and future regulations would already be met.
Motion
Commissioner Ross moved to accept the report and presentation from COM for the City
of Boynton Beach Greenhouse Gas Emissions. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
C. Authorize staff to prepare ordinance or resolution to create a financial advisory
committee to assist with budget and financial stability recommendations.
Mr. Bressner indicated a comparative review of other municipalities and their financial
advisory committee had been prepared. He focused on the City of Delray Beach's
program as best practices for the report prepared and the structure of the budget review
committee. It was a permanent committee with seven regulars and two alternates that
was charged with reviewing the City's budget systems and procedures, technology
improvements or related materials and concepts to make recommendations concerning
the issues. The recommendations covered revenues, salaries, benefits, operating
expenses, debt services, expenses, capital outlay, grants or transfer of funds, a broad
based review. Five of the nine members of the task force must have at least one of the
qualifications of being a certified public accountant or accounting professional or
financial professional or certified financial planner, investment advisor, insurance
professional with property, casualty or health insurance, business owner, manager or
officer or someone possessing an MBA or MPA degree. The remaining members can
be citizens at large. The members also had to be residents, own a property within the
City or an officer, director or manager of a business located within the City.
Mayor Rodriguez stressed the committee would be a tool the City could use to evaluate
and maneuver through touch economic times. The cost would be the same as it is for
any advisory board. Mr. Bressner surmised there would be some staff cost to provide a
liaison and some incidental cost of $5,000 to $10,000 to cover any outside research
necessary.
Mayor Rodriguez envisioned the members would be appointed by the Commission and
he requested the City Manager and the Finance Department review the applicants and
propose a team to the Commission to finalize and approve. He was optimistic the
committee could be utilized in preparation of the budget cycle this year. Mr. Bressner
17
380f289
Meeting Minutes
Regular City Commission
Boynton Beach. FL
April 6. 2010
agreed the timing would be tight and some recommendations could be made, but not
with a great deal of detail this year. The proposed budget would be submitted to the
Commission by early July. By August 1st the tentative millage rate had to be adopted
for the property tax, the largest source of revenue for the City. The committee this year
may have to be a hybrid along with staff and Commission review. He anticipated a
close budget cycle and some programs and services provided may not be available this
year. The budget review committee could assist in vetting some of the programs and
services to hear from other interested parties on the necessity of continuing the
programs.
Motion
Commissioner Holzman moved to move ahead. Vice Mayor Hay seconded the motion.
Attorney Cherof advised the board would be created by Ordinance with two readings.
There was consensus that the Chamber of Commerce be a source of finding members
with the proper qualifications. Mr. Bressner added excellent cost data had been
prepared by staff on the cost of programs and he thanked staff for the database of
information already in place. Mayor Rodriguez was excited to move forward with the
implementation and the return on the investment would be cost effective.
The motion passed unanimously.
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)
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)
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
18
390f289
Meeting Minutes
Regular City Commission
Boynton Beach, Fl
April 6, 2010
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
CDM 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
InstructionfTraining", to maximize the consistent and uniform treatment within
the M-1 and PID zoning districts, and provide staff with desired direction.
Ed Breese, Principal Planner, advised the amendment would increase the consistency
in the uses such as dance instruction, cheerleading and rectify incremental Code
amendments over the last few years. It would create a blended category of uses with
similar characteristics, under one heading of Indoor Athletic InstructionfTraining. It
would allow them in the industrial district and all three planned industrial districts. The
change would include gymnastics, dance, jazzercise and Pilate instruction,
cheerleading instruction, Karate instruction, indoor golf facilities and other having similar
characteristics to be conditional uses and allow for a case-by-case review of any
request. Staff sought direction from the Commission whether to proceed with an
ordinance encompassing the changes.
19
40 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
Motion
Commissioner Holzman moved to allow the preliminary review of a potential
amendment of the Land Development Regulations. Vice Mayor Hay seconded the
motion. The motion passed unanimously.
B. Discussion on pending Children Services Council legislation.
(This item was discussed prior to 6. Consent Agenda.)
Mr. Bressner framed the issue to be discussed. Two bills were pending in the Senate
and the House that would require the Children Service Councils throughout the State to
be re-authorized every six years. If approved, the re-authorization could appear on the
ballot in the August primary. The League of Cities had expressed concern because the
programs of the Council provide services or funding to many other agencies and if not
approved, would have to be funded by the municipalities, other public agencies or
funding would not be available. Many of the programs are preventative in nature for
children and their families. In 2000 a millage rate of $1 per $1,000 was established by
referendum vote.
Commissioner Ross stressed the services provided are very necessary for the
community. Commissioner Orlove concurred with Commissioner Ross.
Tana Ebbole, CEO of the Children's Services Council, advised there were seven
Councils in the State that had gone to referendum to create independent Councils. She
understood it did not make sense that an independent taxing unit would sunset every
six years and have to create a political action group to campaign to be authorized every
six years. The local Council served approximately 50,000 children and families last
year. Four goals were established that children are born healthy, ready for school, not
abused or neglected and have access to quality, after-school programs.
Motion
Commissioner Ross moved to approve the Resolution in opposition to Senate Bill 1216
and House Bill 1227, legislation which requires re-authorization of Children Services
Councils every six years by referendum. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
C. Discussion of City Commission salary increases.
Mayor Rodriguez explained he had been made aware of a Commission salary increase
that would automatically take effect that had not been allocated. He reiterated that
leadership should start at the top and the increase should be frozen and set an example
20
41 of289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
for the rest of the employees and the community at-large. Vice Mayor Hay agreed
110%. Commissioner Holzman agreed and mentioned other benefits should also be
reviewed to assure consistency. Mr. Bressner advised another scheduled increase
would automatically be made to the expense accounts in June. Mayor Rodriguez
recommended both increases be frozen.
Commissioner Ross noted the fiscal impact of the salary freeze would save $1,977.07
and contributed to the cause.
Motion
A motion was made to freeze both increases and properly seconded. The motion
passed unanimously.
13. LEGAL
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)
Attorney Cherof read Proposed Ordinance NO.1 0-007 by title only on first reading.
Commissioner Holzman understood the abandoned property would be equally divided
between the property owners on either side of the 40-foot right-of-way and the property
owners could discuss any modification of that division.
Motion
Vice Mayor Hay moved to approve. Commissioner Holzman seconded the motion. The
motion passed unanimously.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
14. UNFINISHED BUSINESS
None
21
42 of 289
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 6, 2010
15. ADJOURNMENT
Mayor Rodriguez thanked the Commission, staff, citizens and police officers who stayed
throughout the meeting.
There being no further business to come before the Commission, Mayor Rodriguez
properly adjourned the meeting at 10:07 p.m.
CITY OF BOYNTON BEACH
Jose Rodriguez, Mayor
Woodrow L. Hay, Vice Mayor
William Or/ove, Commissioner
ATTEST:
Steve Holzman, Commissioner
Marlene Ross, Commissioner
Janet M. Prainito, MMC
City Clerk
Judith A. Pyle, CMC
Deputy City Clerk
22
43 of 289
6. B
CONSENT AGENDA
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
D OPENINGS D PUBLIC HEARING
D OTHER D CITY MANAGER'S REPORT
D ANNOU NCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS
NATURE OF D ADMINISTRATIVE D NEW BUSINESS
AGENDA ITEM
0 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: Approve renewal of Environmental Impairment Liability
(ElL) insurance coverage through Endurance American Specialty Insurance Company for three-years
for $67,924, at annual premium of $22,642.
EXPLANATION OF REQUEST: This three-year program is expiring and needs to be renewed to
retain insurance in force. The program was extended for 30 days to obtain bids and submit to
City Commission for approval. It should also be noted that the State requires proof of
insurance coverage be provided to the County's Department of Environmental Resources
Management.
This insurance policy covers storage tanks and utilities' facilities relating to environmental
impacts, This includes cleanup costs of the City, liabilities for property damage to third parties
(including cleanup costs), liabilities for bodily injury to a third party, and defense costs. This is
for claims resulting from pollution conditions at, upon, within, or under or migrating from a
scheduled location.
Five companies were requested to submit bids. Three quotes were received. Two companies
did not submit bids. All proposals were similar in coverages and deductibles. The incumbent
carrier, Hudson Insurance Group, is no longer underwriting this program, and has been
replaced by Endurance American Specialty Insurance Company. This is the only company
that offered a three-year program. It is financially advantageous to accept the program for
three-years. It is recommended that we continue the current program with a company that is
willing to offer a three-year program. This will enable the City to take advantage of a reduced
premium over a three-year period. Also, please note that per A.M. Best Company ratings,
Endurance American has Financial Strength Rating of Stable, and Issuer Credit Rating of
Stable.
440f289
Ho W WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will continue the current
Environmental Impairment Liability (ElL) insurance coverag.
FISCAL IMPACT: This item is included in the current Risk Management Department Budget line
item 522-1710-519-45-04.
ALTERNATIVES: There are two available alternatives:
1. Approve the low bidder Liberty Surplus Insurance Corp. for a one-year program. Please
note that this company has an A.M. Best Company rating of Financial Strength Rating
of Negative, and Issuer Credit Rating of Negative.
2. Do not purchase ElL coverage and assume the total risk of any future claims resulting
from environmental incidents. Please note that although the assessed frequency of
such a risk is low, the assessed severity of such a risk is very high. This would also
result in the City's failure to pass state mandated inspections of storage tanks.
It is therefore strongly recommended that the City transfer this risk through the purchase of
Insurance.
RM/2010 ElL Ins City Comm2.doc
45 of 289
City of Bovnton Beach
E.I.L. Renewal March 26. 2010
Endutance American Colonv Uberty
.E2ml Environmental Impairment Third Party Pollution Fixed Sile Pollution Legal
FEI-OOl-EIL-0808 Liability & Cleanup COsts Liability - 'TV (01/07)
EVQOO7 -0609 & EVOOO8-0609
Coveraae Claims Made Claims Made Claims Made
1-Year Premium $29.532 $48,866 $29,252
2-Ye8r Premium $50,205 $82.990 N/A
3-Year Premium $67.924 N/A N/A
Deductible/SIR $50.000 $50.000 $50.000
Limits of In~utance $1,000,000/$2,000,000 $1,000,000/$2,000,000 $1,000.000/$2,000,000
Storaae Tank Uabilitv IASTl Included I neluded Included
Premium Incl uded Included Included
I-VparTprm N /A N/A N fA
Deductible/SIR Per P<:>II<;; Deductible Per Policy Deductible Per Policy Deductible
Limits of Insurance Per Policy limits Per Policy Limits Per P<:>lIcy Limits
Minimum Earned Premium 25% 25% 25%
Tettorism Ptemillm (oDtionall
1-Year 1% of Selected Premium 5% Qf Sele<;ted Premium 5% <:>f Selected Premium
l-Vear 1% of Seletted Premium 5" <:>f Selected Premium 5% of Selected Premium
3-Year 1% of Selected Premium N/A N/A N/A
F.H.C.F. Additional 1" of Premium Additional 1" of Premium Additional 1'" of Premium
Covered Sltes/Retro Dates 182 LocatiOns. 400 Miles 182 Locations. 400 Miles 182 Lotations, 400 Miles
of Sewer line, 400 Ft of of Sewer Line, 400 Ft of Of Sewer Line, 400 Ftof
Sewer Line Urlder the Sewer Line under the Sewer line Underthe
Intercoastal Waterway Interc~stal Waterway IntertO~5ta1 W~terw~y
46 of 289
6.C
CONSENT AGENDA
April 20, 2010
(f6-ii-"
ci ~(
<'. \." :::
\ ~'....
.. '---J' --"" "
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 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 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: Authorize the City Manager to enter into an Urban
Communities Forestry Grant Memorandum of Understanding between the City of Boynton Beach and
the Florida Department of Agriculture and Consumer Services for the South Seacrest Streetscape
project, if awarded.
EXPLANATION OF REQUEST: The Florida Department of Agriculture and Consumer Services Division
of Forestry offers a tree planting grant through the Urban and Community Forestry program. The goal
of the program is to improve the overall health of community forests by providing grants to local
governments for tree planting projects on publicly owned lands. Individual grant awards for
demonstration projects can be as much as $10,000 with a minimum 50% matching requirement. On
February 16, 2010, the City Commission authorized up to $11,000 in matching funds from the Capital
Improvements Program. A resolution from City Commission, demonstrating project support and
authorization to enter into a grant agreement is necessary for timely acceptance of the grant, upon
award. Anticipated grant award notification is May 15, 2010, with contracts in place by June 15, 2010.
Projects must be completed by September 1, 2011.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has applied for funding for the
installation of 90 sabat palms along the right-of-way on South Seacrest Boulevard between SE 1 st
Avenue and Woolbright Road. Palm Beach County has given their permission to plant in the right-of-
way. The project will increase the tree canopy of the City and will require minimal maintenance. Initially,
the palms will be irrigated with the City's 1,000 gallon water truck. The project will help boost the tree
canopy in the City and maintain the City's Tree City USA designation.
FISCAL IMPACT: The grant application is for $10,000 with a $10,930 cash match from the CIP, CP0508,
Account Number #302-4101-580-99.03 and in-kind watering services for the first year. Maintenance
costs will be minimal as the palms are native.
470f289
ALTERNATIVES: Not to accept the grant, if awarded.
48 of 289
ATTACHMENT H
RESOLUTION RIO -
A RESOLUTION BY THE CITY OF BOYNTON BEACH,
FLORIDA TO ENTER AN URBAN AND COMMUNITY
FORESTRY GRANT MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORIDA, DEP ARTMENT OF
AGRICUL TURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY
WHEREAS, trees are an important part of our community; and
WHEREAS, the City of Boynton Beach desires to apply for an Urban and Community forestry
Grant which would provide monies in which to help fund the South Seacrest Streetscape project; and
WHEREAS, the City of Boynton Beach wishes to enter into an Urban Communities Forestry
Grant Memorandum of Understanding between the City of Boynton Beach, Florida and the Florida
Department of Agriculture and Consumer Services.
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 supports the South Seacrest Streetscape project.
Section 3.
The City Commission hereby authorizes the City Manager to enter into an Urban
and Community Forestry Grant Memorandum of Grant Agreement between the City of Boynton Beach,
Florida and the Florida Department of Agriculture and Consumer Services, a copy of which is attached
hereto as Exhibit "A".
Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
49 of 289
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
Mayor - Jose Rodriguez
Vice Mayor - Woodrow L. Hay
Commissioner - William Orlove
Commissioner - Steve Holzman
Commissioner - Marlene Ross
50 of 289
. Submit Bids to:
Florida Department of Agriculture and Consumer Services
407 South Calhoun Street - Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
CHARLES H. BRONSON Telephone: (850) 617-7181
CCHoaSSIONli:R
Page 1 of ~ Pages BIDS NO. RFP/DF-09/10.59
WILL BE OPENED April 2, 2010 @ 2:00 P.M.
AGENCY MAILING DATE: and may not be withdrawn within 90 days after such date and time
January 22, 2010 NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT May 15, 2010
BID TITLE: 2010 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
VENDOR NAME
Cit o~ Bo nton Beach
VENDOR MAILING ADDRESS
i ' nton h
CITY - STATE - ZIP
Bo ~ton~Bea~h~ FL 33435
TE . PHONE: ( 561 742-60 2 Lori LaVerriere, Assistant City Manager
I certify that this Proposal is made without prior undeBtanding, agreement, or connedlon with any corporation finn, or person submitting a proposal for
the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all condlllons of this Proposal and
certify that I am authorized to sign this Proposal for the PropClser and that the Proposer is in compliance with all requirements of the Request for Proposal
including but not limited to. certification reqUrements. In submltllng a Proposal to an agency for the State Of Florida, the Proposer offers and agrees that
if the Proposal Is accepted, the PropollBfwill convey, sell, assign or transfer to the State of F;lorida all rights, IilIe and Interest in and to all causes of action
it may now or herealler acquire under the Anli.trustlaws of the United states and the State of Florida for price fixing relating to the particular commodities
Of servlc:es purchased or acquired by the state of Florida. Allhe State's dlsctelion, such assignment shall be made and become effective at the time the
purchasing agency tend81'S final payment to \he Proposer.
AUTHORIZED SIGNATURE (MANUAL)
II: .
t A " ~L...-<&L.
RIZED SIGNATURE (TYPED) TITLE
1.
.GENERAL INSTRUCTIONS TO RESPONDENTS
2.
Definitions. The definillons found In s. 80A-l.00l, FAC. shall apply
to this agreement. Tne following add~lonalterms are also defined:
(a) "Buyer" means the entity that has released the 8Olicitation. The
"Buyer" may also be tne "Customer" as defined in the PUR 1000
if that entity meets the definition of both terms,
(b) "Procurement Offtcer" means the EluyeI's contracting personnel.
as Identified in the Introductory Materials,
(c) "Respondenr means tne entity that submlls materials to the
Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent In
answering the solicitation.
(e) "Tlmeline" means the list of critical dstes and actions Included in
the Introductory Materials,
Gen.ralln.tructlo.... Potential respondents to the solicitation are
encouraged to carefully review all the materials contained herein and
prepare responses accordingly.
*3.
Claetf8ftle 8t1bml..16r\ af FlMpoM.... Respondents are requjred
to submit responses electronically, For this purpose, ali references
herein to signatures, signing requiramenls, or other required
acknov.1edgments nereby Include electronic slgnature by means of
clicking the "Submit Response" button (or other similar symbol or
process) attached tCl or logk:ally aS80clated with the response created
by the respondent within MyAoridaMarkelPlace. The respondent
agrees that the action of eledronically submitting Its response
constitutes:
an electronic signature on the response, generally,
an electronic signature on any form or section specifically calling
for a signature, and
an affirmative agreement to any statement contained in the
solicitation that requires a definite confirmation or
acknowledgement.
4. T_ .nd Conditions. All responses are subjad to the terms of the
follCl'lllng sections of this solicitation, \\fIich, in case of conflict, shall
have the order of precedence listed:
TechnicalSpeclIIcatlons,
Special Condltiona and Inslrucllons,
Instructions to Respondents (PUR 1001),
General Conditions (PUR 1000), and
Introductory Malerlals.
The Buyer objects to and sha~ not consider any add~ionalterms or
conditions submitted by a respondent, including any appearing In
documents Bllached as part of a respondent's response. In submitting
Its response, a respondent agrees that any additional terms or
conditions, whethersubmilted Intentionally or Inadvertently, ahal have
no force or effect. Fa/lUte 10 comply with terms and conditions,
including those specifying information that must be submitted with a
response, shall be grounds for rejecting a response.
'&, Qllallllal'lll. Respondents shall address a" questions regarding this
solic~alion to the Procurement Officer. Quesllons musl be submitted
via the Q&A Board within MyFloridaMarketPlac:e and must be
RECEIVED NO LATER THAN the time and date reftectad on lne
Timeline. Questions shall be allllwered in accordance with the
Tlmellne. All questions submitted shall be publiShed and answered in
a manner that all raspondents will be abla to vi_. Respondents shall
not contact any other employee of the Buyer or the Slate for
informallon with respect to this solicitation, Each respondent Is
responsible for monitoring the MyFloridaMarkalPlace site for new or
changing Information, The Buyer shall not be bound by any verbal
information or by any written informallon that is not contained within
the solicitation documents or formally noticed and Issued by the
Buye~s contracting personnel. Questions to the Procurement Officer
or to any Buyer personnel shall not constltule formal protest of the
specifications orafthe sollcitallon, a procass addressed In paragraph
19 of these Instructlons,
510f289
BID NUMBER: RFP/DF-09/10-S9
x
x
x
x
x
x
x
x
x
x
x
x
OPENING DATE: APRIL 2, 2010@2:00P.M.
CHECKLIST
1. The entire Request for Proposal (RFP) has been read.
2. The PUR Form 1001/1000 Instructions to Respondent's and General Contract Conditions
(Page 1 of 8) is completed and signed. Do not submit pages 2-8 of RFP document (PUR
Form 1001/1000).
3. A complete address for the Proposer in the space provided (include street address or post
office box, city, zip code and telephone number.) Please note: All future correspondence
will be sent to the contact person listed on your proposal.
4. Conflict of Interest Statement (Attachment B) is completed and signed.
5. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters for Expenditure of Federal Funds (Attachment C) is completed and signed.
6. Urban and Community Forestry Proposal form (Attachment D) is completed and signed.
Please note: All future correspondence will be sent to the contact person listed on your
proposal.
7. Detailed itemized budget summary (Attachment E) is completed.
8. In all instances where a local government's jurisdiction is impacted by the grant project, a
resolution (by the local government) indicating support for the project must be submitted
with the Grant Proposal Packet (Attachment D).
9. For Demonstration or Site SpeCific Projects, this resolution (Attachment H) must also state
that they will execute a Maintenance Memorandum of Agreement (Attachment J) with the
Department of Agriculture.
10. For Demonstration or Site SpeCific Projects along roadways, a map must be included
showing both the U.S. Highway and S.R. (State Road) numbers separated by a slash (I), if
both exist. If only one exists, please circle either "U.S." or "S.R." to indicate which numbers
you are giving. At least three photos of the site should also be included.
11. I n conformance with Section 481.329(7), Florida Statutes, "Persons who perfonn
landscape architectural services not for compensation, or in their capacity as employees of
municipal or county governments, shall not be required to be licensed...." This means that
if the required design is completed by an unpaid volunteer or an employee of municipal or
county government, a Florida registered architect does not have to sign and seal the
drawings.
12. One (1) original with blue ink signature and five (5) copies of the proposal package have
been submitted.
9
52 of 289
BID NUMBER: RFP/DF-09/10.59
OPENING DATE: APRIL 2, 2010 @ 2:00 P.M.
ATTACHMENT A
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
NOTIFICATION OF VENDOR OMBUDSMAN'S NAME
AND TELEPHONE NUMBER
Vendors providing goods and services to an agency should be aware of the following time frames.
Upon receipt, an agency has five (5) working days to inspect and approve the goods and service,
unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days
to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are
measured from the latter of the date the invoice is received or the goods or services are received,
inspected and approved.
If a payment is not available within 40 days, a separate interest penalty of .02740 percent per day will
be due and payable, in addition to the invoice amount, to the vendor. Payments to health care
providers for hospital, medical or other health care services, shall be made not more than 35 days
from the date eligibility for payment is determined, and the daily interest rate is .03333 percent.
Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment.
Invoices which have to be returned to a vendor because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the agency.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties
of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at
(850) 413-5516 or by calling the Department of Financial Services Consumer Hotline at 1-800-342-
2762.
28
53 of 289
BID NUMBER: RFPIOF-09110-59
OPENING DATE: APRIL 2,2010@2:00P.M.
ATTACHMENT B
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CONFLICT OF INTEREST STATEMENT
I,
Lori LaVerriere
, as authorized
representative of
City of Bovnton Beach
certify that no member of this firm nor any person having interest in this
firm has been awarded a contract by the Department of Agric::ulture and
Consumer Services on a non-competitive basis to:
(1) develop this Invitation to Bid (ITS) or Request for Proposal (RFP);
(2) perform a feasibility study concerning the scope of work contained in this
ITB/RFP;
(3) develop a program similar to what is contained in this ITB/RFP.
7
)ff~IIu. ~~
" (5.. ,/"L..-t.., /( ~ I """'-"
Authorized Representative
Date
'.:l., it) Cj /; u
-- I .
Proposal Number
29
54 of 289
BID NUMBER: RFPIDF-09110.69
OPENING DATE: APRIL 2,2010@ 2:00 P.M.
ATTACHMENT C
.
Florida Department of Agriculture and Consumer Services
Division of Administration
CERTIFICATION REGARDING LOBBYING;
DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
FOR EXPENDITURE OF FEDERAL FUNDS
CItARU!S H. BR~SON
COIIIIISSlONER
LOBBYING
loa _Ired by 7 CFR Part 3018. for peI'IOl'lII erumg InlCl 0 cooItRt, glanI or eooperatNe "II_..t ONe< $100,000 invoI.ng ~ oxpena;ture 0/
Fed_I fundi, !he -9>od cartif_ 1... _ and iI. principalo IIleI:
(oj No F-.I appr"f'l'latltd fundi ha... -. plld or wiD be paid, by or on beIIlW ~ the urdanIgned, to any perIOn r... ~ 0'
attempting 10 InItuence an otr_ or empIO)I8e of Iln)' agancy. a Membot of eong,.a, an o/!'_ CI eMflIoYee 01 CongnIOI, or an
emplOfee oIa Member OIl Congrua In conn_ with It1e mllUng ~.:If Fed<<1l grant, It1e -i'lD ir*) Of Iln)' ~
ogr_nt. and thl __Jon. ._IIon, _at. _m.m. or modllQllon cI any Federal gran! or cooperWw,-1:
(b) "any fUnds 'lI1er It1en F_ Il'P/1lI>ri8IItd Iund8 Nwi_ peid or wII be pullO any """""" for infIuenc01g... _pIilg t.
inIIUence an _ or om~ ~ any --"y. 1 Member ~ Congrau. an 011"_... amplojoea or CongIwo... an amployee 010
M_ 01 CoogleN. il...-..dJon with Ihia _ grant or=--... __, tie \lflda<IV:IId _I ~ end ....llrrIit
St8nderd Farm . LLL. '0lIda0In Fonn to Report LDllb)IIng.' in ........... WiIh b inIlIuoIIon&; ...,
(e) The Lridarligned ahall ..qift thatlt1e langualll c11hi1 cartlI:ialkIn be included In Ihe _ _ for oil ..._arlll at 111611I5
(incIudirQ aubgrantl. conItICls under grants and coaperatiY& 0QfI&ftl_. and ""__1 ancllhal_ wlKaciplelllllll1al certify
and d1ldoaalllXCr<li'1gly.
Thio cartiIieAolion ia 1 malerilol __ion oIlac1 upon Which..- WIIO pIacooclwhen this 11'___10_ or _Into.
SUbMIuIon oIlIId -... it a P__ for.....",o or ~ into Ihia lr_acIIon impallCl by MClIon 1362, Ill. '1. U.S.~. Mr
pem>n who lolls folio ItMl required _r_ _ be OUbjeclloa civil panolly llfnollasa than '10,000 and net mora INn '100.000 far_
ouch rllifure.
Lori LaVerriere, Assistant
PRIN;jD NAMElTIT~E OF ~EPRESENTATNE
-~ ,l.-L ~, L /e.,.:-""""'Y"
, -1l :tvRE OF REPRESENTATNE I DAlE
City Manager
CONTRACT I PURCHASE ORDER HUMBER
DEBARMENT. SUSPENSION AND OTHER RESPONSIBILITY MATTERS
,.. required by 7 CFR Pari 3011, for p8I1CI1O -i'G I'*' I cam.ct, grant or cooparali... agreMIenl rNf!!( '21,000 irM>Iving IIle ."Jlfll1d"""" of
F_I fIlnds. the undaraignad canlnaa ler _ n lis ~. that:
(0) As. not ptetanllr -. ~ proposed for -"ent, _ed inaligil>la. or "'*">tartly ..ekJd-.l fI'orn cowrad_..
by""" F_ dapar1mant or "Il8""Y: .
(b} H... not"'- a ~ar period prIllIdirlp IhIo appIicatJon bae11 con_ 01 or hOd a olllll judgrnanI. rendered agalnlllhem lor
commluion ot It_ .... crimNl_ irl_wlll -1nir"G. ....pIIng to..-. er palfonning a p.JlIlc IF-, Slat., ...
10<:811_... ""'*"<i"-. pIlblic lI_c6on;'-;on 01 F-.al or SI8ta _ _erccmmiaMn 01
embanWnll'll, 1haII.1orgaty. brib.,., r....rlCllllon or -..:lion 01 racords. mak"'ll fllloe _om_, '" 1'lIOIIlWlg 0101.. pt.pony;
(c> Are not p<wMnl1y _lor... 0Ihatw/ea cnmlnally or cMIy <hargacl ~ 0 Gcwemmenl anlly (Fodoral. Slatl, or Icca~ wl1tl
commisaion 01_ _ onume<.... In plIt'8(Il'8ph (b) 01...... _on; and
(d) H01l8 not wilhin a tt>rM-yo.r pertod JlfICedhg l!li$ llPPieallon h8d cna '" more public lI'ansadicn (Federal, Stall, "'1OCa1) tamlinaled
for ...... or def"", Ind
\M\are Iha applic8nt le unOble 10 cenify 10 Iny of tho .tatemen.. in Ihle cenlficallon, he or aile slwll attach en 00<P1lna11on to IhII
8tJPIiC811on.
Lori LaVerriere, Assistant City Manager
PRIffi'ED EITITLE OF REPRfSENTATIVE ~NTRACT I PURCHASlO ORDER NUMBER
_& /
"'..<...-<.7-i...(L/~'(
Rf OF REPRESENTATrvE I DATE
DAC~1522 03109
30
550[289
BID NUMBER: RFP/DF-09f10-59
OPENING DATE: APRIL 2,2010 @ 2:00 P.M.
ATTACHMENT D
FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2010
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The
proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X
11", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 81/2" X 11". Six
(6) copies (one copy with original signatures and five copies) ofthe proposal packet Including the proposal form,
the project description and all attachments must be received no later than 2:00 p.m., April 2, 2010 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2010 PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 617-7181
If you have any questions, please see ATTACHMENT N, "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title: South Seacrest Streetscape
Proposer Name: City of Boynton Beach
Name and Title of Contact Person: Glenda Hall, Forestry and Grounds Manager
Address:
P.O. Box 310, Boynton Beach, FL 33435
Zip:
33435
Phone:! 561
) 742-6228
FEID Number
')Cj-fiOnc'17R7
US Congressional District Number
77
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No X
If the applicant is a city or county government, does your urban forestry program have the following:
Professional Staff, in-house or contracted, List qualifications such as ISA certification, forestry degree, etc.
Two certified Aborists in house
Citizen Tree Advisory Board or Tree Advocacy Group, describe: Recreation & Parks Advisory Board
Urban Tree Inventory or Management Plan, how current?
Tree Ordinance Covering either public or private lands, describe:
As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and
required grant information have been read and understood and that all information submitted herein is true and correct.
Authorized Executive Officer:
Lori LaVerriere
Title:
Assistant City Manager
t=-" \. --L;. /'
I r' ,,-(...-1 1;7"(;'-. 1./ ':''--1..- L~~_,,~'L.(
"
Date:
7)/'}q jle
. I
Signature:
31
56 of 289
ATTACHMENT D
PROJECT DESCRIPTION
South Seacrest Streetscape
Describe the local community and current urban forestry program, and role of application
in that program.
The City of Boynton Beach has an active forestry program that includes all public land, medians
and streets and parks. The City has been a designated Tree City USA city for 26 years and
works diligently to upgrade and augment the tree canopy. This grant will allow the City to
continue its efforts by adding 90 palms to the public landscape. Trees will be planted. in the Right
of Way areas along Seacrest Blvd. between SE 1 sl Ave. and Woolbright Road (approximately 15
blocks). Palm Beach County has granted. the City permission to plant on the ROW. The planting
plan will take into account all utilities, overhead and underground and line of sight. This
demonstration project will help instill a sense of community pride and in turn may help to reduce
crime in the area.
Previous U&CF Grants received by application. When were they implemented and what
did they accomplish?
The City was awarded two grants in 2006 by the Urban Forestry Emergency Hurricane Grant
Program as part of the recovery program following Hurricane Wilma. One grant, in the amount
of 42,883.50 provided. funding for the installation of23 crape myrtles, 33 magnolias and 74 royal
palms at the Boynton Beach Memorial Park. The other grant, in the amount of $17,071,
provided for 48 sabal palms, 2 foxtail palms, 11 crepe myrtles, 30 calophyllum brasiliense, 25
green buttonwoods and 12 dahoon holly trees. Subsequently, using additional funds from the
same program, the city was able to plant 23 sabal palms, 19 magnolias and 48 slash pines at
Galaxy Park for a total of $13.748. The City also applied. for the 2009-11 Forest Health
Improvement Initiative Grant for S. E. 4th Street/Pence Park project - award pending.
Describe the goals and objectives of this project.
. Create an aesthetically enhanced Seacrest Blvd. corridor
. Continue our core value of stewardship for public lands and open space
. Expansion of tree canopy in the City
. Improve air and water quality and an enhanced environment
. Create wildlife habitat
. Improve the overall health of the community forest in Boynton Beach
Describe how this project will help to develop and improve this program in the long term.
This project will increase the City's urban forest and expand the overall health of the tree canopy
in Boynton Beach.
Describe why these finds are needed to complete this project.
Recent economic challenges have resulted in budget cuts that directly affect planting and
landscaping projects. Without the project, Seacrest Blvd. will continue to appear neglected
possibly effecting residential value and a sense of community pride. Grant funds will help
complete the City project.
57 of 289
For tree planting: Describe what species are being planted and why. How will they be
installed and maintained?
Species will include Sabal Palms. The Planting and Maintenance Guidelines in Exhibit A and
Right Tree, Right Place guidelines will be used. In addition, the City's Landscaping and
Irrigation Construction Standards and Palm Beach County Streetscape Standards manual will
also be followed. Each palm will be watered in by contract the first two months, followed by
City staff using the city-owned 1,000 gal watering truck.
What environmental or educational value will the community derive from this project?
· Expansion of tree canopy in the City
. Improve air and water quality and an enhanced environment
. Create wildlife habitat
· Students, teachers and the community will be involved in the planting celebration
What steps have been taken to carry out tbis project in a cost effective manner?
Estimates will be obtained from a minimum of three vendors. The lowest and most responsive
bidder will be selected to provide, transport and install the palms, as well as mulch and water
them for first 60 days. In-house staff will continue watering after the first 60 days.
How will this project increase citizen involvement and support for the community's urban
forestry program in the long term? What evidence of community support for this project
can be produced?
Children attending the neighborhood school, who walk down Seacrest Blvd. every day to and
from school, and their teachers will be invited to a Tree Planting Celebration and educated on the
importance of planting native trees and palms, and the importance of urban forests. This will
also bring the message to the community at large of the importance of continued urban forestry
improvements, City support is demonstrated through matching funds beyond the minimum
requirement; also on April 20, City Commission will execute and forward the Resolution (H).
How will tbis project be publicized in the local community?
The City will advertise this project on its television station BBTV, on Twitter, and on its web
site. It will also be featured on Boynton City BIog and through a press release, The
neighborhood school, Forest Park Elementary, will be engaged to promote the project as well.
Seacrest Blvd. is a high traffic area leading to the City Hall Complex, public library and more.
Tree City USA certification and growth award, last year current?
Yes, Tree City USA 26 years. We did not get a Growth Award last year.
Will a Certified Arborist(s) or a graduate forester oversee this project?
Yes - the City has two Certified Arborists, one with a B.S. in Environmental Horticulture and
our City Forester has a B.S. in Natural Resources Management.
What new partnerships wUl the project create or encourage? Collaboration between the City
Forestry and Grounds Division, Forest Park Elementary School and the Boynton Beach
community. The City involves local students in Arbor Day and Earth Week celebrations; this
project will allows us to engage students from a new school and forge a new partnership.
580[289
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2,2010@2:00P.M.
ATTACHMENT E
BUDGET
Activity: Category 2 Demonstration/Site Specific Project
Specific Description: Installation of Sabal Palms on Seacrest Blvd.
SUMMARY OF COSTS
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (I)
Total Matching Costs (II)
Total Program Costs (III)
(A 50/50 match on behalf of the proposer is required).
Requested Grant $ Local Match $
I II
$10,000 $10,930
$
$
$
10,000
10,930
$
20,930
4R
Add columns I and II for total III (100%)
'i?
% Grant request
%Local match
A budaet detailina all costs Identified above must be attached,
County
Palm Beach County
PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable)
Describe the Specific Location of the Project: Seacrest Blvd. ri~ht-of-way between S E 1st Ave.
and Woolbright Road.
Who has responsibility for overseeing Project implementation (name and title): Glenda Hall
Forestry and Grounds Manager
Who has maintenance responsibility for the Project after completion: City of Boynton Beach
Public
Name of Landowner:
Is the Land Ownership Public or Private?:
Palm Beach County
Project Title: South Seacrest Streetscape
Applicant Name: City of Boynton Beach
Email Address:hallg@bbfl.us
33
59 of 289
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2, 2010 @ 2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects
must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be
planted.
IMPORTANT: THIS FORM MUST BE USED, PROPOSERS NOT USING THIS FORM WILL BE RULED
INELIGIBLE
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Contractual
(Description)
Includes: 91 $230 $10,000 $10,930
purchase,
installation of
palms. delivery,
staking, soil
amendment & wate ing for establis ment in first 60 days.
Personnel
(I ist titles or
positions)
Travel
34
60 of 289
BID NUMBER: RFP/DF.09/10.59
OPENING DATE: APRIL 2, 2010 @2:00 P,M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
ODeratina Costs
(list)
Trees
(list species and
size)
Sabal Palms 91 See details
12-16' under
CT Contractual
Overhead** *
Total $10,000 $10,930
Grant dollars may not be used to purchase food as supplies.
Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not
be used for overhead costs.
Please Note:
The enclosed example of a completed application was chosen to be included because the
applicant was especially thorough in providing the requested information, and applied for a
number of practices that can be used as examples by other applicants. They also submitted
their narrative in outline format, in order to ensure that they had included all of the
information that the reviewers would consider. However, a paragraph format is acceptable
for the narrative if it contains sufficient information.
37
610f289
ATT ACHMENT H
URBAN AND COMMUNITY FORESTRY GRANT
RESOLUTION RIO -
A RESOLUTION BY THE CITY OF BOYNTON BEACH, FLORIDA TO ENTER
AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY
WHEREAS, trees are an important part of our community; and
WHEREAS, the City of Boynton Beach desires to apply for an Urban and Community
forestry Grant which would provide monies in which to help fund the South Seacrest
Streetscape project; and
WHEREAS, the City of Boynton Beach wishes to enter into an Urban Communities
Forestry Grant Memorandum of Understanding between the City of Boynton Beach,
Florida and the Florida Department of Agriculture and Consumer Services;
NOW THEREFORE, BE IT RESOLVED by the City Commission of Boynton Beach,
Florida:
Section 1. The City Commission supports the South Seacrest Streetscape project.
Section 2. The City Commission hereby authorizes the City Manager to enter into an
Urban and Community Forestry Grant Memorandum of Grant Agreement between the
City of Boynton Beach, Florida and the Florida Department of Agriculture and Consumer
Services.
PASSED AND ADOPTED this 20th day of April, 2010.
City of Boynton Beach
By:
Mayor
ATTEST:
APPROVAL AS TO FORM:
Janet M. Prainito, MMC
City Clerk
City Attorney
(Corporate Seal)
62 of 289
3-23-10
To whom it may concern because it concerns me;
As a Realtor in Boynton Beach and as a home owner in the Forest Park
section of Boynton Beach I am in full agreement for the city to pursue grant
money to plant palms as well as other greenery down Seacrest Blvd from
Boynton Beach Blvd south to Woolbright Rd.
With the times turning and property values declining this area has been
impacted by many items which have caused a bad blight in appearance.
With out some assistance of p1antings and beautification of this stretch of
road way it will continue to decline in appearance and safety.
Please, please allow these grant funds to be given to the city of Boynton
Beach to help stop the declining, abused and neglected views on Secreast
Blvd.
Sincerely,
j);g [)~~
Sheila O'Brien
561-685-2909
315 SW 8th Ave.
Boynton Beach, Fl.
33435
63 of 289
Page I of 1
Hall, Glenda
From: Karen Luttrell [karenluttreIl346@comcast.net]
Sent: Tuesday, March 30, 2010 7:05 AM
To: Hall, Glenda
Subject: Seacrest Blvd Landscaping
Hello,
I am writing in support to beatify Seacrest Blvd between Boynton Beach Blvd and Woolbright Road. As a longtime
resident of the Forest Park neighbortJood just west of Seacrest Blvd I am aware of the efforts to I am aware of the
efforts to eam a grant to award to landscape this corridor with sabal palms.
This beautification will give visitors and friends a enhanced first impressions of Boynton Beach. Seacrest also provides
Forest Park neighborhood residence and entrance and exit from our community, enhancing the corridor will encourage
residence to take extra pride in their own landscaping and improve ultimately impacting the a better maintained
community from the approval of the Seacrest grant award.
Thanks you fro effort in to improve this currently poorly maintained and first impression top the City of Boynton Beach. If
I could be of further assistance you may contact me at karenluttreIl346@comcast.net
Respectfu IIy,
Karen Luttrell
346 SW 7th Ave
Boynton beach Florida 33435
3/30/2010
64 of 289
Michael Kane
309 SW 8TH Ave
Boynton Beach, FL 33435
March 29, 2010
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33435-0310
To whom it may concern,
I am writing in support of the City's effort to beautify Seacrest Blvd. between Boynton
Beach Blvd and Woolbright Rd. As a longtime resident of Boynton Beach, specifically the
Forest Park Neighborhood, I am aware of the efforts to earn a grant award to landscape this
corridor with sabal palms (or similar palm).
Seacrest Blvd. provides visitors and residents with their first impression of Boynton
Beach. A neat, clean and well landscaped roadway will lead to good first impressions being held
by visitors and tourists alike.
Seacrest Blvd. is the main roadway by which Forest Park Neighborhood residents enter
and exit our community. When this roadway is neat, clean and well landscaped, residents will
also take pride in their own homes and yards. A better maintained community will result.
Thank you for taking steps to improve Boynton Beach. I support the pursuit of any and
all grants to fund this landscape project. If there is anything I can do to help, please contact me
at the address listed above or at kanekrew@bellsouth.net.
Sincerely,
Michael C. Kane
65 of 289
March 26, 2010
415 South Seacrest Blvd
Boynton Beach. FL 33435
To Whom it may concern,
I moved to Boynton Beach in 1953 to the corner of Green Street and another
name. These were renamed Seacrest Blvd and SW 4th Avenue. At that time Seacrest
Blvd was lined with gumbo limbo trees, In the seventies when Seacrest Blvd was
widened to four lanes all these beautiful trees were bulldozed.
It would be nice to see Seacrest Blvd with trees again, J support the planting of
sabal palms along Seacrest Blvd.
")
Sincerely, L/
I .
, '/;7/11/
J ohn ~tzpatrick
rr: (f; ;? cdi 0/'
, . c::----f"-- ---~
, /[;~~ -'. 7t" $
dJ/
66 of 289
3/24/1 0
To Whom It May Concern,
I have been a resident of Boynton Beach for 25 years and during that time
have always wondered why Seacrest Blvd is allowed to be an ugly,loud,
dirty speedway through the heart of our oldest residential neighborhood.
I understand that there is the possibility that Sabal Palms may be planted
in the swales along Seacrest and I write in support of this idea. At least it's a
start.
Lisa Hanler
175 SW 20 St
Boynton Beach, FL 33435
67 of 289
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2,2010@2:00 P,M.
EXHIBIT A
PLANTING AND MAINTENANCE GUIDELINES
A. Planting
Site factors which influence long-term survivability should be considered: overhead and underground
utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of
planting space/site, etc.
All planting stock or replacement stock must be Florida Grade #1 or better.
All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must
be removed from the root ball before planting. All biodegradable material should be removed from the
upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above
the soil surface where it can act as a wick and dry the surrounding soil.
The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the
same deoth as the root ball.
Position the tree or palm in the center of the planting hole with the tree's root flare at or within two inches
above the surrounding soil surface.
Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed.
When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill
the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the
backfill. Rake the soil evenly around the entire planting area.
Water thoroughly to remove air pockets, secure the soil ~round the roots, and provide nourishment.
B. Mulching
Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips, bark
mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or
palm trunk.
Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project.
c. Staking
Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential
vandalism or strong winds.
Use flexible materials such as strapping or commercially available ties that give as the tree diameter
increases and as the tree moves. Biodegradable material is recommended.
Do not use wire even if the wire is inside rubber hosing.
Stakes and ties should remain on the trees no longer that one year to avoid girdling.
64
68 of 289
BID NUMBER: RFP/DF.09/10-69
D. Pruning
OPENING DATE: APRIL 2, 2010@2:00P.M.
At the time of planting, only dead, damaged, rubbing or cross branches or fronds should be removed.
Remove sucker sprouts from the base of the tree after planting.
Corrective/structural pruning can begin approximately one year after planting. Do not remove more than
1/3 of the live crown during one growing season.
E. Watering
Follow the standard IFAS watering schedule for new tree plantings. Slow deep watering is
recommended.
Additional water may be needed during hot or dry periodS
As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding
soil area. This will promote the outward growth and spread of roots.
Various species of trees or palms and/or soil types may require varied degrees of watering. Soil
moisture and tree health should be monitored and irrigation adjusted accordingly. Non-irrigated sites
need to be monitored more closely.
F. Fertilizing
Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer
plugs/stakes are recommended.
Fertilize lightly atter the first year using a balanced fertilizer (rates should be based on the size of the
tree or palm and any special nutrient requirements).
If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization
program accordingly.
65
69 of 289
r.
South Seacrcst Streetscape F roject
March 20 J 0
r"
S. Scacrcst 5lvd. - looking north
S. Seacrest 5lvd. -looking south
r
IV VI ~07
r
S. Scacrcst 5lvd. -looking south
r
S. Scacrcst 5lvd. - looking north
(-
I I VI ~07
-- - ------- -
Print Preview
Page 1 of 1
r
r
)( - S~~ ~nn('Q3 ~ ~\.S'l\S
N \)JY\.~ - ~ <*- '" ~\.Jo'\S
http://web2/utilitiesIW ebPages/printJPrintPreviewPage.aspx
2/9/2010
r
-'
I~ VI ~07
Print Preview
Page 1 of 1
~
,...
r
secrest Sabals
http://web2/utilities/W ebPages/printlPrintPreviewPage.aspx
2/9/2010
r
IJ VI ~07
Print Preview
Page 1 of 1
3
f'
seacrest sabals
r'
,
http://web2/utilitiesIW ebPages/print/PrintPreviewPage.aspx
2/9/20 to
r
.... ~'
l""t VI ~07
-
Print Preview
Page 1 of 1
~
r
r
Seacrest Sabals
http://web2/utilities/WebPages/print/PrintPreviewPage.aspx
2/9/20 to
r
IJ VI ~07
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2,2010@2:ooP.M.
ATTACHMENT I
EXAMPLE
URBAN AND COMMUNITY FORESTRY (U&CF)
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of , 20 by and
between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter
called the "Department" and the , hereinafter called the "Contractor".
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and community
forestry by awarding funds to the Contractor (Subrecipient) for the specific project set forth in grant application
Number 07-09, included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664;
WHEREAS, the six digit Department of Management Services' class/group code commodity catalog
control number is 991-365.
WHEREAS, the Department and the Contractor are of the opinion that the citizens of the state would
benefit from the implementation of urban and community forestry projects that improve our communities
through the proper care of trees and related plant materials;
WHEREAS, the Contractor by Resolution No. N/A, dated N1A, has indicated its support of the grant
application and authorized its officers to execute this Agreement on its behalf; agree as follows:
A. Failure by the Contractor to sign and return this agreement, within 60 days upon receipt of the
agreement, shall constitute forfeiture of the award.
B. The contract is valid upon execution through Seotember 30.2009.
C. The Contractor has estimated the project cost to be $ as shown on the grant
application budget sheet attached as Exhibit B. The Department agrees to reimburse to the
Contractor the total sum of $ or fifty percent (50%) of the final approved project
costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items
which are directly related to this project as described in Exhibits "A" and "B". Project costs for
which the applicant has already received reimbursement from any other source are not eligible for
funding under this grant.
D. The Contractor agrees to maintain plant materials established as a part of the project for a period
of three years and enter into an agreement which designates and sets forth the duties and
responsibilities of the parties in maintaining the project.
E. The project to be performed by the Contractor shall be subject to periodic inspections by the
Department. The Contractor shall not change or deviate from the project without written approval
by the Department.
F. The Contractor agrees to submit to the Department an interim report on project accomplishments
quarterly (September 30, 2008, December 31, 2008, March 31, 2009, June 30, 3209, etc.).
Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds
for termination of this agreement.
46
IV VI ~07
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2,2010@2:00P.M.
G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be
provided. Applicants must submit a completed reimbursement summary (Attachment K) sheet to
the Department with sufficient attachments to verify the claims made. These may include invoices,
receipts, canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount
will be paid to the Contractor prior to the submission of a completed Certification of Acceptance
endorsed by the Department.
The final payment shall be made once the following documents are received:
(1) Certification of Acceptance endorsed by a Division of Forestry official.
(2) Final Reimbursement Summary Sheet with attached backup documentation.
(3) Brief narrative summarizing project accomplishment.
(4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing
funding.
For installed plant materials, a sixty (60) day grow-in-period will be required after project completion.
Certification of Acceptance by the Department may be requested sixty (60) days after project completion.
H. The Contractor must submit the final claim for reimbursement to the Department on or before
November 15, 2009.
I. The Contractor acknowledges and agrees that public use of all reports or other printed material,
videos, audio recordings, films and photographs produced as part of this project shall not be
restricted under the copyright laws of the United States of America. All products (brochures, signs,
videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the
material has been prepared USing Urban and Community Forestry grant funds received through the
U.S. Forest Service.
Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and
approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the
exception of payments to health care providers for hospital, medical, or other health care services, if payment
is not available within 40 days, measured from the latter of the date the invoice was received or the goods or
services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer
pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To
obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850) 488-2020 or Purchasing
Office at (850) 617-7181. Invoices returned to an Entity (Subrecipient) due to preparation errors will result in a
payment delay. Invoice payment requirements do not start until a property completed invoice is provided to the
Department.
Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. Expenses associated with travel and per diem are not eligible.
Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or
written record of telephone quotations or informal bids to be opened upon receipt, whenever practical.
Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for
a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by
calling the Department of Financial Services' Hotline, 1-80Q..342-2762.
This Agreement may be terminated under anyone of the fOllowing conditions:
46
I I VI ~o 7
BID NUMBER: RFPfDF-09/10-59
OPENING DATE: APRIL 2, 2010 @ 2:00 P.M.
A. The Department may terminate this contract at any time in the event of the default or failure of the
Contractor to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided
for herein, the Department shall provide thirty (30) calendar days written notice of default and shall
provide the Contractor the opportunity to cure such failure or default within said thirty (30) day
period. Upon the failure or inability to cure, the Department shall have all rights and remedies
provided at law or in equity, including without limitation the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Contractor.
2. Disallow all or part of the cost of the services not in compliance.
3. Wholly or partly suspend or terminate this contract.
B. The Department of Agriculture and Consumer Services shall have the right of unilateral
cancellation for refusal by the Contractor to allow publiC access to all documents, papers, letters or
other material made or received by the Contractor in conjunction with the contract, unless the
records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida
Statutes.
C. By either party following sixty (60) calendar days written notice.
In the event this Agreement is terminated before the Department has paid the Contractor the entire Grant
Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been
completed. If the project has not been completed, the Department shall pay to the Contractor a percentage of
the Grant amount equal to the percentage of the project's completion.
Extension of a contract for contractual services shall be in writing for a single period only not to exceed
six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There
shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for
completion of the contract is due to events beyond the control of the Contractor. If initially competitively
procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3)
years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for
contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the
initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department.
Renewal costs may not be charged by the Contractor.
It is mutually understood and agreed that this contract is:
A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's
performance and obligation to pay under this contract is contingent upon an annual appropriation
by the Legislature as provided in Section 287.0582, Florida Statutes.
B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services).
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
The following provisions of A through K are not applicable to procurement contracts used to buy goods
or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act.
47
10 VI ~o 7
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2,2010@2:00P.M.
A. There are uniform state audit requirements for state financial assistance provided by state
agencies to Nonstate entities to carry out state projects in accordance with and subject to
requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding
upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or
for-profit organization that receives state resources. Recipient means a Nonstate entity that
receives state financial assistance directly from a state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or
project-specific audit conducted for such fiscal year in accordance with Section 215.97, F.S.,
applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit 2
to this agreement indicates state financial assistance awarded through this Department resource
by this agreement. In determining the state fInancial assistance expended in its fiscal year, the
Recipient shall consider all sources of state financial assistance, including state financial
assistance received from this Department resource, other state agencies, and other Nonstate
agencies. State financial assistance does not include Federal direct or pass-through awards and
resources received by a Nonstate entity for Federal program matching requirements.
C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and
conducted by independent auditors in accordance with auditing standards as stated in Chapters
10.550 (local governmental entities) or 10.650 ( nonprofit and for-profit organizations), Rules ofthe
Auditor General.
D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F.S.,
do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining
records concerning state financial assistance to such Nonstate entity or allowing access and
examination of those records by the state awarding agency, the Chief Financial Officer, or the
Auditor General.
E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If
the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate
entity must meet terms and conditions specified in this written agreement with the state awarding
agency. In the event that the Recipient expends less than $500,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the prOVision of Section
215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (Le., the cost
of such an audit must be paid from the Recipient's resources obtained from other than state
entities).
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements
of Section 215.97, F.S.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the
Recipienfs records and the Recipient's independent auditor's working papers as necessary
for complying with the requirements of Section 215.97, F.S. The Recipient is required to
retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of three years from the date the audit report is issued, and shall allow the department
of Agriculture and Consumer Services or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state
awarding agency to conduct or arrange for the conduct of additional audits or evaluations of
state financial assistance or limit the authority of any state agency Inspector General, the
48
17 VI ~07
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2,2010 @2:00P.M.
Auditor General, or any other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in
accordance with the requirements of Section 215.97, F.S. The financial reporting package
means the non-state entities financial reports, management letter, auditee's written
responses or corrective action plan, correspondence on the follow-up of prior years
corrective actions taken, and such other information determined by the Auditor General to be
necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial
reporting package required by this agreement shall be submitted by or on behalf of the
Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399-0800
(b) The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
G. Any reports, management letters, or other information required to be submitted to the Department
of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in
accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or
Auditor General access to such records upon request. The Recipient shall ensure that audit
working papers are made available to the Department, or its designee, Chief Financial Officer, or
Auditor General upon request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by the Department.
I. The Recipient shall be required to ensure expenditures of state financial assistance be in
compliance with laws, rules, and regulations applicable to expenditures of state funds, including,
but not limited to, the Reference Guide for State Expenditures (DFS).
J. The Recipient agrees that this agreement may be charged only with allowable costs resulting from
obligations incurred during the term of this agreement.
K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that
is not authorized to be retained for direct program costs in a subsequent period must be refunded
to the state.
The following provisions of A through H are applicable regarding the administration of resources
provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the
Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133, as
revised.
A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the
Recipient must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal
resources awarded through this Department by this agreement. In determining the Federal awards
49
OV VI ~07
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2, 2010@2:00P.M.
expended in its fiscal year, the Recipient shalt consider alt sources of Federal awards, including
Federal resources received from this Department. The determination of amounts of federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions
of OMB Circular A-133, as revised, will meet these requirements.
B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to
auditee responSibilities as provided in Subpart C of OMB Circular A-133, as revised.
C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event
that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to
have an audit conducted in accordance with provisions of OMB Circular A-133, as revised, the cost
of the audit must be paid from the non-federal resources (Le., the cost of such an audit must be
paid from the Recipient resources obtained from other than Federal entities).
D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by this agreement shall be submitted when required by Section .320(d), OMB
Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
(b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse) at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
(c) Other federal agencies and pass-through entities in accordance with Sections .320(c)
and (t), OMB Circular A-133, as revised.
E. Pursuant to Section .320(t), OMB Circular A-133, as revised, the Recipient shall submit a copy of
the reporting package described in Section . 320(c), OMB Circular A-133, as revised, and any
management letter issued by the Auditor, to the Department of Agriculture and Consumer Services
at the following address:
The Department of Agriculture and Consumer Services
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
F. Any reports, management letters, or other information required to be submitted to the Department
of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in
accordance with OMB Circular A-133, as revised.
G. Recipients, when submitting financial reporting packages to the Department of Agriculture and
Consumer Services for audits done in accordance with OMB Circular A-133, as revised, should
50
01 VI..<.07
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2, 2010@2:00P.M.
indicate the date that the reporting package was delivered to the Recipient in correspondence
accompanying the reporting package.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or
Auditor General access to such records upon request. The Recipient shall ensure that audit
working papers are made available to the Department, or its designee, Chief Financial Officer, or
Auditor General upon request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by the Department.
It is expressly understood and agreed that any articles that are the subject of, or required to carry out,
this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set
forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other
business entity carrying out the prOVisions of this contract shall be deemed to be substituted for the state
agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing
and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway,
Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850)
656-0168.
It is expressly understood and agreed that any articles which are the subject of, or required to carry out,
this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the
same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for
the purposes of this contract the person, firm, or other business entity carrying out the provisions of this
contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are
concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises,
Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of
Florida, 12425 28th Street, North, St. Petersburg, Florida 33716, telephone number (727) 572-1987.
The Contractor is informed that a person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or
services to a public entity, may not submit a bid on an agreement with a pUblic entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a pUblic entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement
with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
The Contractor is informed that the employment of unauthorized aliens by any Entity (Subrecipient) is
considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor
knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this
agreement.
The Contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a pUblic entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a publiC entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business with any
public entity.
In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is
prohibited from discriminating on the basis of race, sex, religion, color, national origin, age or disability and
shall comply with all applicable state and federal laws and regulations related thereto, including without
limitation, the Americans with Disabilities Act (42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of
1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC 6101-6107). To file a complaint of
51
O~ VI ~07
BID NUMBER: RFP/OF-09/10-59
OPENING DATE: APRIL 2, 2010@2:00 P.M.
discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence
Avenue, SW, Washington, DC, 20250-9410, or call (202)720-5964 (voice and TDD). USDA is an equal
opportunity provider and employer. All products (brochures, signs, videos, etc.) funded by the Urban and
Community Forestry Grant must display a statement that the grant recipient is an equal opportunity provider.
In accordance with Florida Statute 768.28, the Contractor Covenants and agrees that it shall indemnify
and hold harmless the Department and all of the Department's officers, agents and employees from any claim,
action, neglect or omission by the Contractor during the performance of the Agreements, whether direct or
indirect, and whether any person or property to which the Department or said parties may be subject, except
that neither the Contractor nor any of its sub-contractors shall be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of
the Department or any of its officers, agents or employees.
In the event that two or more documents combine to form this agreement between the parties, including
future amendments and addenda, and in the event that there are contradictory or conflicting clauses or
requirements in these documents, the provisions of the document(s) prepared by the Department of
Agriculture and Consumer Services Contract shall be controlling.
All contracts entered into by the Department of Agriculture and Consumer Services or any Division or
Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding.
In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the
requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's
governmental Clgencies, the offending clause or requirement shall be without force and effect and the
requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for
that clause or requirement and be binding on all parties to this contract.
As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused or resulting from the negligence of such
party or any of its officers, agents or employees.
All notices, demands, requests or other instruments to the Department shall be addressed to:
Mr. Charlie Marcus
Forest Management Bureau
3125 Conne~ Boulevard, Suite R-8
Tallahassee, Florida 32399-1650
All notices, demands, requests or other instruments to the Contractor shall be addressed to:
Ms. Corrine Lajoie
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Signed by parties to this agreement
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
CONTRACTOR
Signature
Signature
Title
Title
Date
Date
52
OJ VI ~07
BID NUMBER: RFPIDF-Q9110.59
OPENING DATE: APRIL 2, 2010@2:00 P.M.
ATTACHMENT J
EXAMPLE
URBAN AND COMMUNITY FORESTRY GRANT
MAINTENANCE MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of , 20_,
by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of
Florida, hereinafter called the Department and the Miami-Dade County, hereinafter called the
Contractor.
WITNESSETH
WHEREAS, the Department desires to increase the general level of knowledge of the
principles of urban and community forestry by awarding funds to the Contractor for the
establishment of a demonstration tree planting project as outlined in the Urban and Community
Forestry grant application Number 06-34 and Grant Memorandum of Agreement (the Grant
Agreement) attached hereto as Exhibit "1" and by reference made a part hereof;
WHEREAS, the Contractor agreed in the Grant Agreement to maintain the project as
described in the Grant Application;
WHEREAS, the Contractor by Resolution desires to enter into this Agreement and authorizes
its officers to do so.
NOW THEREFORE, herein and in Exhibit "1", the Grant Memorandum of Agreement, the
parties covenant and agree as follows:
A. The Contractor shall maintain the project in a responsible manner and with due care in
accordance with the below listed Project Standards for the property at the following
location:
1 mile seament of County RO.W. on S.w. 56th Street (Miller Drive) between SR 826
and 117th Avenue.
Specifically, the Contractor accepts the below listed responsibilities and duties:
(1) All planting stock or replacement must be Florida Grade #1 or better.
(2) Proper watering and proper fertilization of all trees/plants.
(3) Keeping trees/plants as free as practicable from disease and harmful insects;
(4) Proper mulChing of trees and/or planting beds;
(5) Keeping the premises free of weeds;
(6) Mowing and/or cutting grasses to the proper length;
(7) Proper pruning of all trees which includes; removing dead or disease parts of
trees or (ii) pruning such parts thereof which present a hazard;
55
0..... VI ""-07
BID NUMBER: RFP/DF-09/10-59
OPENING DATE: APRIL 2,2010@2:00P.M.
(8) Removing and replacing dead or diseased trees/plants in their entirety, or
removing and replacing those that fall below original Project Standards.
(9) Following the Planting and Maintenance Guidelines as included herein as Exhibit
A.
The Contractor agrees to repair, or remove and replace at its own expense all or part
of the project that falls below Project Standards. In the event any part or parts of the
project, including all plants, must be removed and replaCed for whatever reason, then
they shall be replaced with the same grade, size and specification as provided in the
original plans for the project. Furthermore, the Contractor shall keep litter removed
from the project area. The above named functions to be performed by the Contractor
shall be subject to periodic inspections by the Department. It is the intent of the parties
that the Contractor shall be the owner of the planting and other installations included
and stipulated in the grant a'pplication comprising the project.
B. The terms of this Agreement commence on the date of Certification of Acceptance and
continue for a period of three (3) years.
C. In the event this Agreement is terminated in accordance with the provisions provided in
Exhibit 1, then the Contractor shall refund to the Department a pro-rated portion of the
grant award based upon the following schedule:
(1) If this agreement is terminated within one year of this agreement, 75 percent of
the grant award;
(2) If this agreement is terminated during the second year of this agreement, 50
percent of the grant award;
(3) If this agreement is terminated during the third year of this agreement, 25 percent
of the grant award.
D. This Agreement, together with the Urban and Community Forestry Grant Memorandum
of Agreement, embodies the entire agreement and understanding between the parties
hereto and there are no other agreements or understandings, oral or written, with
reference to the subject matter hereof that are not superseded hereby.
Signed by parties to this agreement:
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
CONTRACTOR
Signature
Signature
Title
Title
Date
Date
FEID Number of Social Security Number
56
OJ VI ~07
6. D
CONSENT AGENDA
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 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: Accept the monthly report on the major projects being
completed by the Recreation and Parks Department.
EXPLANATION OF REQUEST:
NOTE: This report will be expanded to include all GF CIP projects and their status. The
expanded report will be provided in May, 2010. Thereafter, the report will be on a
quarterly basis.
PARK BUDGET STATUS
AMOUNT
Barton Greenway $116,070 Received Notice to Proceed. Bid to open on April 27.
100% funded by FDOT. No City funds required.
Boat Club $417,500 Project underway. Estimated completion is June 2010.
Renovation
Hester Park and $388,000 Energy retrofit using grant from Department of
Center Energy Energy. No City funds will be expended.
Retrofit
Oceanfront $1,640,000 Project began on February 22, 2010. Estimated
Boardwalk completion is March 2011.
Palmetto $400,000 Received Notice to Proceed. Bid to open on April 27.
Greenway Ext. 100% funded by FDOT. No City funds required.
Jaycee Park 154,090 50% Matching grant from Florida Inland Navigation
Environmental Art District (FIND). Project is being designed. Estimated
Markers completion date is October 2010.
870f289
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? For purposes of this report, N/A
FISCAL IMPACT: For purposes of this report, N/A
ALTERNATIVES: For purposes of this report, N/A
88 of 289
6. E
CONSENT AGENDA
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
0 ANNOUNCEM ENTS/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: Accept the written report to the Commission for purchases
over $10,000 for the month of March 2010.
EXPLANATION OF REQUEST: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive
bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the
Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases
under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at the second
Commission meeting of each month listing the purchase orders approved by the City Manager, or
Acting City Manager.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance 001-66, Chapter 2, Section 2-56.1
assists departments in timely procurement of commodities, services, and personal property.
Administrative controls are in place with the development of a special processing form titled "Request
for Purchases over $10,000" and each purchase request is reviewed and approved by the Department
Director, Purchasing Agent, and City Manager.
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes
within the organization. This allows administration to maintain internal controls for these purchases,
reduce the administrative overhead of processing for approval, and allow for making more timely
purchases.
ALTERNATIVES: None
89 of 289
.
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MARCH 2010
1. Vendor: PALM BEACH GRADING Purchase Amount: $35,878.00
Requesting Department: Contact Person: PETE MAZZELLA
Date: 3/2/10
Brief Description of Purchase:
Waste water gravity main line repair at laundromat on Boynton Beach Blvd.
Source for Purchase: Bid#003-2821-10/JA Fund Source: 401-2815-536-46.42
2 Vendor: CFM AIR CONDITIONING, INC. Purchase Amount: $15,383.00
Requesting Department: FACILITIES Contact Person: PAULA LEBLANC
Date: 3/15/10
Brief Description of Purchase:
PROVIDE AND INSTALL ONE TRANE 7.5 TON PACKAGE UNIT FOR THE POLICE DEPT. #2 AT CONGRESS AVE PISTOL RANGE
Source for Purchase: THREE WRITTEN QUOTES Fund Source: 302-4101-531.64-18
3 Vendor: R. GEORGE & ASSOCIATES, INC. Purchase Amount: $21,009.81
Requesting Department: LIBRARY Contact Person: CRAIG CLARK
Date: 3/29/10
fief Description of Purchase:
...:XHIBIT AND DISPLAY CASES FOR THE LIBRARY
Source for Purchase: FLORIDA STATE CONTRACT Fund Source: 691-5000-590.04-46
4 Vendor: REP SERVICES Purchase Amount: $19,493.00
Requesting Department: RECREATION & PARKS Contact Person: JODY RIVERS
Date:
Brief Description of Purchase:
PICNIC TABLES, BENCHES, AND TRASH RECEPTACLES FOR BOAT CLUB PARK RENOVATION
Source for Purchase: PBC CONTRACT # 08051 Fund Source: 302-4108-580-62-01
4 Vendor: TALLEY WALKER SERVICES, INC. Purchase Amount: $13,678.00
Requesting Department: ENGINEERING Contact Person: GEORGE MANTELL
Date: 3/29/10
Brief Description of Purchase:
SIDEWALK REPAIRS AT LAKES OF BOYNTON AND LEISUREVILLE
Source for Purchase: THREE WRITTEN QUOTES Fund Source: 302-4904-541.63-24
Page 1
90 of 289
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
VENDOR
12893
P.O. #: 100815
DATE: 03/02/10
TO: PALM BEACH GRADING, INC.
1250 GATEWAY ROAD
LAKE PARK, FL 33403
SHIP TO:
City of Boynton Beach
EAST UTILITY ADMIN
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
REQUISITION NO.
51488
ORDERING DEPARTMENT: UTILITIES ADMIN
HS
INCUIRIES RI GARDING
Pl H "!lA, I (I mrR (fILL
, ! 1 ,1 () ;10
DATE NEEDED:
I COMMISSION APPROVED:
BID NO:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
1
1.00 EA MOBILIZATION
1.00 EA MOT (RESIDEN'I'IAL$TREET >~ ROAD
CLOSURE)
3 2.00 DAY WELL POINTS , 150PTS W/PUMPS (2
DAYS)
2
4 1 . 00 EA CORE MANHOLE
5 3.00 EA RECONSTRUCT SANITARY SEwER 6"
LATERAL & CLEAN OUT
6 8.00 HRADDL PIPE CREW HRS FOR INSTALL>
THAN 60" DEEP
7 20.00 TN REMOVAL OF CONCRETE
8 200.00 SFt' FuroHSH & INSTALL 6" CONCRETE W/O
WIRE
9 12.00 LFT F't;JRNrsH & INSTALL FDOT VALLEY
GUTTER BY HAND
10 180.00 SFT ASPHALT REMOVAL (RAILROAD AVE)
11 2400.00 SFT ASPHALT RSMOVAt (FRON'J:' OF PLAZA
ALONG BK OF SWK)
12 1200.00 SFT FURNISH & INSTALL BAHIA SOD (OVER
1000 SF)
PROCUREMENT SERVICES:
-:COUNT NO.
.01-2815-536.46-42
PURCHASING
91 of289
UNIT COST
EXTENDED
COST
2000.0000
2000.00
2500.0000
2500.00
2500.0000 5000.00
750.0000 750.00
2400.0000 7200.00
400.0000 3200.00
20.0000 400.00
7.5000 1500.00
29.0000 348.00
1.2500 225.00
1.2500 3000.00
2.0000 2400.00
P.O. TOTAL:
VENDOR 12893
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 100815
DATE: 03/02/10
TO: PALM BEACH GRADING, INC.
1250 GATEWAY ROAD
LAKE PARK, FL 33403
SHIP TO:
City of Boynton Beach
EAST UTILITY ADMIN
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
REQUISITION NO.
51488
ORDERING DEPARTMENT: UTILITIES ADMIN
HS
INQUIRI[ S liEGARDlr.G
PIJRCII',S' rwu, UILl
J() I'! ()31(
DA TE NEEDED:
BID NO:
I COMMISSION APPROVED:
LINE#
EXTENDED
COST
QUANTITY UOM ITEM NO. AND DESCRIPTION.
UNIT COST
13
20.00 SYD 12' SUBCOMPACTED SUBGRADE
48.0000
14
40.00 SYD
4.00 TN
6.00 TN
5.00 EA
1. 00 EA
1. 00 EA
15
16
17
18
19
13.0000
8" LIMEROCK BASE (DBLROCK);
PRIMEP
ASPHA.!lTREPAIR (RAILROAD AVE)
230.0000
ASPH.AL't REPAIR FRONT OF PLAZA
230.0000
DENSITY TESTS
50.0000
PROCTOR TESTS
125.0000
STRIPING(TEMP STOP BAR, SINGLE
WHT & DBL YELLOW)
75.0.0000
1.00 Ell.' -STRIPING (THERMAL-STOP BAR, SNGL
WHT & DBL YELLOW)M
REMl\W<S:
)?~t:eid no. 003-2821-10/JA
RE7patE the: wastewat~;r gravity ffi,:>.i;n. line at 411
East Boynton Beach Blvd.
---20
1750.0000
260.00
1920.00
920.00
1380.00
250.00
125.00
750.00
--1750.00
PROCUREMENT SERVICES: I
CCOUNT NO. PROJECT
401-2815-536.46-42
I P.O. TOTAL:
35878.00
PURCHASING
92 of 289
',,' vr
c: . ~\, 1(-
.' !,:;-J'::
'0\" c.
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 1-Mar-10
Requesting Department: Utilities Contact Person: George Peck
Explanation for Purchase:
The Utility Department would like to utilize their repair contract # #003-2821-10/ JA with Palm Beach
Grading for the wastewater gravity main line repair at 411 Boynton Beach blvd. After televising the
line, the sewer main is found to be inadequate for the demands of the laundromat that has been
permitted for the existing building. The repairs and improvements are beyond the availability of
current in house resources.
I Recommended Vendor Palm Baech Grading
I Dollar Amount of Purchase $32,489.00
Source for Purchase (check and attach backup materials):
Three Written Quotations 0 GSA 0
State Contract 0 PRIDE 0
SNAPS 0 RESPECT 0
Piggy-Back 0 Sole Source 0
Emergency Purchase 0 Other EJ
Contract Number: City-contract #003-2821-1 O/JA
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
~u
~;l \J
en! "ll-cf ~t:. '1W
"'/10
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
Date "J A.-'/'o
Date 51 zJll)
Date
Date 31zd I 0
Form Revised 02101/02
Xc: Pete Mazzella
Barb Conboy
Tony Lombardi
Dan Spooner
93 of 289
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 100847
DATE: 0 3 ! 15 ! 1 0
VENDOR
11115
TO: CFM AIR CONDITIONING INC
PO BOX 244645
BOYNTON BEACH, FL 33424
SHIP TO:
City of Boynton Beach
LOCATIONS AND QUANTITIES
SPECIFIED FOLLOWING ITEM
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PIJRCIIASE ORDER CALL
I~)h II -+2 G31(J
REQUISITION NO.
51567
ORDERING DEPARTMENT: FACILITI ES I AS
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
10791.00 DL PROVIDE AND INSTALL ONE TRANE 7.5
TON PACKAGE UNIT
AS OUTLINED IN THE ATTACHED QUOTE
1.0000
10791.00
------~----------------------------------------------------------
*** SHIPPING INSTRUCTIONS ***
TO: CITY OF BOYNTON BEACH
POLICE DEPARTMENT 2
2210 S. CONGRESS AVENUE
BOYNTON BEACH, FL 33436
2
4592.00 DL
1.5" DUCTBOARD
1.0000
4592.00
*** SHIPPING INSTRUCTIONS ***
TO: CITY OF BOYNTON BEACH
POLICE DEPARTMENT 2
2210 S. CONGRESS AVENUE
BOYNTON BEACH, FL 33436
REMARKS:
PROCUREMENT SERVICES:
P.O. TOTAL:
15383.00
CCOUNT NO. Air Conditioning Unit for the Police Substation
302-4101-531.64-18 has failed. 20 year old ductwork to be replaced.
PURCHASING
94 of 289
((r. \
"'\\
.,'/
r
Date: March 8, 2010
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Contact Person: Paula Leblanc
Requesting Department: PW/Facilities Mgmt.
Explanation for Purchase:
The air conditioning unit has failed at the Police Substation (PD2) and must be replaced. In addition
to replacing the unit it is advisable to replace the ductwork which is in poor condition and Is over
twenty years old in a building that operates 24f7.
IRecommended Vendor C.F.M. Air Conditioning, Inc.
I Dollar Amount of Purchase $15,383.00
Source for Purchase (check and attach backup materials):
Three Written Quotations Ixxx I GSA
State Contract D PRIDE
SNAPS D RESPECT
D
D
-- -
Piggy-Back
Emergency Purchase
Contract Number:
Sole Source
o
D
D
D
D
Other
NOTE: Pricing propolaller purchase must be presanted in the same detail contained wtthln the contract.
Fund Source for Purchase:
C.I.P. General Government HVAC Replacement - 302-4101-531-64.18 GG 1 004
Approvals:
Department Head
I Purchasing Agent
Asst City Manager
City Manager
Form Revised 02101102
Date ~} ~ /,0
Date
Date
Date
95 of 289
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
VENDOR
10663
P.O. #: 100885
DATE: 03/29/10
TO: R. GEORGE & ASSOCIATES, INC.
P.O. BOX 2854
DELAND, FL 32721-2854
SHIP TO:
City of Boynton Beach
LIBRARY
208 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO.
51678
ORDERING DEPARTMENT: LIBRARY
I COMMISSION APPROVED:
DATE NEEDED:
BID NO:
UNIT COST
EXTENDED
COST
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
1
1. 00 EA 25"W X 10S"L PLASTIC LAMINATE
CANOPY TOP WOOD
FINISH: CUSTOM MATCH NATORAL
CHERRY FOR BORROUGHS
CD DISPLAY UNIT
VENDOR ITEM NO. - TP-347
2
2.00 EA 25.5"W X 67.5"H WOOD VENEER END
PANEL WOOD FINISH:
CUSTOM .MATCH NATuRAL CHERRY FOR
BORROUGHS CD
DISPLAY UNIT.
VENDOR ITEM NO.- 94T-726-MOD
3
2.00 EA 43" EXHIBIT CASE W/SLIDING
LOCKING DOORS ON ONE
SIDE/INSIDE CLEARANCE l4"H X 36"D
X 72 "W -WOOD
FINISH: CUSTOM MATCH MEDIUM
CHERRY
VENDOR ITEM NO.- 60-167-MOD
4
1.00 EA CUSTOM DE:SIGN DISPLAY/STORAGE
CABINET W!CHERRY
VENE$RS Am)... HARDWOOD
EDGES /ADJUSTABLEGLASS
SHELVES/t.OCKING GLASS
DOORS/HALOGEN LIGHTS BELOW:
SOLID WOOD LOCKING DOORS AND WOOD
SHELVES/SECTION
1 - 96"H X 10S"W X 24"D. THIS IS
INQUIRIES REGARDING
PURCHASE (.RDEfi CALL
1 c1b' I-J~1 () 10
410.0300
410.03
312.9700
625.94
3432.9600
6S65.92
5974.6500
5974.65
PROCUREMENT SERVICES: P.O. TOTAL:
'CCOUNT NO. AN ESTIMATE
691-5000-590.04-46 PENDING FINAL DRAWING APPROVAL BY
PURCHASING
96 of 289
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 100885
DATE: 03/29/10
vENDOR
10663
TO: R. GEORGE & ASSOCIATES, INC.
P.O. BOX 2854
DELAND, FL 32721-2854
SHIP TO:
city of Boynton Beach
LIBRARY
208 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INOUIRIES REGARDING
"lJI1CHASI [ RDER CALL
Il,l, Ill" ' 6310
REQUISITION NO.
51678
ORDERING DEPARTMENT: LIBRARY
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
OWNER/DRAWINGS
TO BE FURNISHED BY R. GEORGE.
VENDOR ITEM NO.~ BC-CCD-HR
5
1.00 EA CUSTOM DESIGN DISPLAY/STORAGE 5974.6500
CABINETW/CHERRY
VENEERS AND HARDWOOD
EDGES! ADJUSTABLE GLASS
SHELVES/LOCKING GLASS
DOORS/HALOGEN LIGHTS BELOW:
SOLID WOOD LOCKING DOORS AND WOOD
SHELVES/SECTION
2 - 96"H X 108"W X 24"D. THIS IS
AN ESTIMATE
PENDING FINAL DRAWING APPROVAL BY
OWNER/DRAWINGS
TOc'BE FURNISHED BY R. GEORGE.
VENDOR ITEM NO.- BC-CCD-HR
5974.65
6
2.00 EA 14Q ERGONOMIC TILT DESK/LARGE 550.6100
DOQBLE ADJUSTABLE
HEIGHT DESK 24"D X 48"W X 29.5" TO
34.25"H FRAME
COLOR" CHARCOAL LAMINATE TOP:
WILD CHERRY, EDGE
COLOR: CHARCOAL
VENDOR ITEM NO.- 60-140-500
1101. 22
7
2.00 EA 3"H CASTERS ON TWO SIDE LEGS 28.7000
VENDOR ITEM NO.- 60-141-S00
57.40
PROCUREMENT SERVICES:
P.O. TOTAL:
"'CCOUNT NO.
i91-5000-590.04-46
PURCHASING
97 of 289
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 100885
DATE: 03/29/10
.ENDOR
10663
TO: R. GEORGE & ASSOCIATES, INC.
P.O. BOX 2854
DELAND, FL 32721-2854
SHIP TO:
City of Boynton Beach
LIBRARY
208 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES fJEGARDING
PLJRCHASE JRDER CALL
~)ulI7'.)b31()
REOUISITION NO.
51678
ORDERING DEPARTMENT: LIBRARY
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
REMARKS:
Refer to Quote no. Q-I0-047.
Pricing per FL State Contract #420-590-07-1
24 hour notice ot: delivery is required. Please
contacttibrary Director, Cra,ig Clark, at
561.,742-6392.
ATTN.: AARON KEMBLE
FAX NO. : (56 J. ) 4 98 - 072 0
Z>"CCOUNT NO.
;91-5000-590.04-46
P.O. TOTAL:
21009.81
PROCUREMENT SERVICES:
21009.81
PURCHASING
98 of 289
\
PURCHASE ORDER
CITY OF aoYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 100883
DATE: 03/29/10
\. ,DOR
11492
TO: REP SERVICES, INC.
902 WATERWAY PLACE
LONGWOOD, FL 32750-3573
SHIP TO:
City of Boynton Beach
PARKS EQUIPMENT DELIVERY
222 NE 9TH AVENUE
BOYNTON BEACH, FL 33435
REOUISITION NO,
51682
ORDERING DEPARTMENT: RECREATION & PARKS
I COMMISSION APPROVED:
INQUIRIES RE',ARDING
PURCHASE. Of DER CALL
561l7.? l310
DATE NEEDED:
BID NO:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
8.00 EA ALL STEEL ANCHOR STAKE FOR BENCH
VENDOR ITEM NO.- 63-471
22.0000
176.00
2
2.00 EA CENTER ARMRESST FOR BENCH SERIES
93
VE~OR ITEM NO. - ARMREST 93
78.0000
156.00
3
2.00 EA 6' STL TABLE, 2 STS, PLATES
VENDOR ITEM NO.- 65-893-6/S-2
3065.0000
6130.00
2.00 EA
2 STL WHEELCHAIR TABLE, 2 STS
PLATES
VENDOR ITEM NO.- 65-893-68-1/S-2
3369.0000
6738.00
5
2.00 EA
6'. CAST BENCH, STL SEAT, 2 ARMS,
EMBED
VENDOR ITEM NO.- 93-60/S-1
857.0000
1714.00
6
5.00 EA
32 GAL STL RECEPTACLE, EMBED
VENDOR ITEM NO.- 84-32/S-1
752.0000
3760.00
7
5.00 EA
DOME TOP RECETACLE COVER OPTION
VENDOR ITEM NO. - DM
98.0000
490.00
8
1.00-EA
DISCOUNT 4%
766.5600
766.56-
9
1. 00 EA
FREIGHT
1095.5800
1095.58
PROCUREMENT SERVICES:
P.O. TOTAL:
19493.02
ACCOUNT NO. PROJECT
102-4108-580.62-01 REMARKS:
19493,02
PURCHASING
99 of 289
rr{'
,(, ..
"'\. .
Y
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 25-Mar-10
Requesting Department: Recreation & Parks
Contact Person: Jody Rivers
Explanation for Purchase:
The purchase of benches, picnic tables and trash receptacles for Boat Club Park renovation
I Recommended Vendor REP Services
I Dollar Amount of Purchase
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number: Palm Beach County # 08051
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
302-4108-580-62-01 CP0418
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
~
f ,/ t.
------ -
Date 25-Mar-10 I
Date ~ J~D /7 D
Date
Date
Form Revised 02/01/02
1000f289
\
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 100884
DATE: 03/29/10
,\lDOR
10833
TO: TALLEY WALKER SERVICES, INC.
5208 PALM WAY
LAKE WORTH, FL 33463
SHIP TO:
City of Boynton Beach
ENGINEERING DEPARTMENT
100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURC'-1ASE OI,DER CALL
rr)(l,74::' )310
REQUISITION NO.
51707
ORDERING DEPARTMENT: ENGINEERING/GM/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
EXTENDED
COST
1
13678.00 DL SIDE WALK REPAIRS AT LAKES OF 1.0000
BOYNTON AND
LEISUREVILLE-REPAIRAPPROX 2858 SQ
FEET OF BROKEN
SIDEWALK
13678.00
REMARKS:
Refer to Proposal dated March 15,2010.
For additional information, please contact
George Mantell, Project Manager at 742-6990
PROCUREMENT SERVICES:
P.O. TOTAL:
13678.00
ACCOUNT NO. PROJECT
12-4904-541.63-24 CP0263
13678.00
PURCHASING
1010f289
6. F
CONSENT AGENDA
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 4/20/10
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
0 AN NOUNCEMENTS/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 expenditure from the department's Law
Enforcement Trust Fund (State Forfeiture) in the amount of $12,000.00 for donation to the Youth
Violence Prevention Program.
EXPLANATION OF REQUEST: Florida State Statute 932.7055 provides that when a law
enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the
proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for
law enforcement purposes upon request of the chief of police to the governing body of the
municipality. Florida State Statute 932.7055(5)(c)(3) provides that: .. . any local law
enforcement agency that acquires at least $15,000.00 pursuant to the Florida Contraband
Forfeiture Act within a fiscal year must expend or donate no less than 15% of such proceeds
for the support or operation of any drug treatment, drug abuse education, drug prevention,
crime prevention, safe neighborhood, or school resource officer program(s). The local law
enforcement agency has the discretion to determine which program(s) will receive the
designated proceeds. In accordance with this statute, organizations receiving funding will
provide an accounting for any monies received.
The Youth Violence Prevention Project qualifies to receive funding pursuant to the Florida
Statute. Previously the Commission approved the expenditure of $25,000.00 to the YVPP for
an interactive, hands-on car restoration project where Boynton Beach Police Officers skilled in
the process of restoring vehicles instruct and guide the participants through a complete
restoration project that will result in a completely restored 1953 Boynton Beach Police
Department cruiser. The project is on schedule and will be completed in late May 2010.
The police department is planning to roll-out the restored vehicle at an event that will take
place on 12 June 2010. With the assistance of the CRA, the Auto Club of Florida, area
1020f289
businesses and various city departments, the YVPP would like to make the event a celebration
of the program and the police department's 90th birthday along with the diversity and culture of
our city. The various vendors who supported our project along with area restaurants, PO
Crime Prevention, FO Fire Safety and car enthusiasts will set up displays and booths along
Ocean Avenue along with a stage that will feature entertainment and the official presentation of
the vehicle to the City of Boynton Beach police fleet. The event will also showcase our YVPP
program to potential program providers and any funds raised at the event will go to the YVPP.
The $12,000.00 will cover the costs of staging the event along with donations from area
businesses. Anticipated expenditures are:
Stage and sound system rental
Radio station and OJ fee
Trolley for shuttle service to off-site parking
Rental of portable toilets
Bounce house/rock climbing wall/children's entertainment
Flyers and promotional material
Any remaining funds will be retained by the YVPP.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Youth Violence Prevention Project,
which is funded primarily through the County Criminal Justice Commission provides
educational and recreational activities for juveniles who have entered the juvenile justice
system and are in need of guidance, mentoring and services in order to provide diversion from
criminal activity. This project will enhance the program by providing additional educational and
mentorship opportunities.
FISCAL IMPACT: The Law Enforcement Trust Fund (State Forfeiture) account number 691-
0000-247-04-25 has a current balance of $249,052.84. This donation will count towards the
15% charitable application requirement.
ALTERNATIVES: Not to proceed with the event.
1030f289
6. G
CONSENT AGENDA
April 20, 2010
.-,' -~.
"(((
'\'.
%
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 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 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: STAFF IS RECOMMENDING THIS ITEM BE PULLED
FROM THE AGENDA AT THIS TIME - 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. This is due to ongoing discussions with Palm Beach County staff.
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, Inc. 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 on 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).
1040f289
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.
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. Update:
However, subsequent to this matter being prepared for the April 6, 2010 City Commission
meeting, City staff met with County staff who suggested an alternative lease arrangement that
is being explored because there may be more favorable terms to the City.
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. Update: See note above.
City staff is desirous of continuing and extending this lease agreement with the Boynton Beach
Child Care Center, Inc. or Palm Beach County 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. Update: As noted above, it
may be possible with a lease with Palm Beach County to avoid some of the above costs.
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.
1050f289
6.H
CONSENT AGENDA
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 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. R10-043 - Approve the
agreement with the Boynton Beach Community Redevelopment Agency for $294,000 to renovate the
1913 Schoolhouse Children's Museum which includes a 1 % administrative fee to be retained by the
CRA.
EXPLANATION OF REQUEST: 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.
In 2007, the City and CRA submitted the annual Community Budget Issue Requests (CBIR) to
our Congressman and Senators. The City submitted several requests and was awarded
$294,000 for an educational facility. As HUD prepared the agreement, it was noticed that
Congressman Klein's office listed the "recipient" as "Boynton Beach Community
Redevelopment Agency", rather than The City of Boynton Beach. While Mayor Taylor
received the award letter from Congressman Klein's office back in Dec. 21, 2007 informing the
City of the $294,000 appropriation, the paperwork HUD had from Klein's office stated the
Boynton Beach eRA as the recipient.
City staff asked what could be done at this point, so not to overburden the CRA. Simply stated,
it would take an Act of Congress to change the recipient to name the City rather than the CRA.
The dollars for the fiscal year had already been appropriated and we would need to go back to
square one and re-request the allocation in FY2011, or the CRA could accept the award and
1060[289
the City could act as a sub-recipient. Both the City and CRA understood the importance of
preserving the historical children's museum and decided to enter into an interlocal agreement
to complete the much needed renovations. The FY2009/2010 City Capital Improvements
program has funded a study of the historical structure to identify all necessary renovations.
Renovations may include, but are not limited to replacing the current deteriorating windows
with hurricane impact windows and frames, evaluating and making structural repairs, and any
other electrical, plumbing, and HVAC improvements necessary to support the continued long
term community services from this historic educational building.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The addition of hurricane impact windows
is essential to secure the building of interior damage during a hurricane event. Renovations
will help ensure the continuation of museum and educational services to the community.
FISCAL IMPACT: The FY2009/2010 CIP has been amended to include the $294,000 expense
and CRA reimbursement. The CIP number is GG1006. The expense account number is #302-
4228-573-63.02; the revenue account is #302-0000-331-60-01.
On February 9, 2010 the CRA Board approved the submittal of the HUD grant application for
the renovations to the Children's Schoolhouse Museum (excerpt from minutes attached). The
grant allows for reimbursement of up to 10% of the project costs for administration. The total
grant award is $294,000. At their February 9, 2010 meeting, the CRA Board determined that
10%, or $29,400, would be retained to cover administration of the grant.
City staff has been trying for years to obtain grants to replace the museum windows with
impact glass but only found opportunities that required a cash match. The Capital
Improvements Program could not provide matching dollars. This federal appropriation will
significantly help fund the much needed renovations to the museum. The City is not planning
to request reimbursement of any of the time spent administering this grant, as every available
dollar is needed to cover the renovation costs.
The City is responsible to:
· Comply with all grant conditions of award as they relate to the sub-grantee
· Complete an environmental assessment of the project site
· Prepare and award the project bid
· Provide a Project Manager
· Pay the contractor
· Prepare the six-month Progress Report(s) and Financial Status Report for HUD
· Provide the CRA all back up documentation with request for reimbursement
· Prepare Final Report including a narrative of the work accomplished and a completed
Financial Status Report covering the entire project period
· Project Manager on site for project completion inspection
· Provide documentation for the HUD a Certificate of Project Close-out and Grant Close-
out Agreement
The CRA is responsible to:
· Review the documentation/reports prepared by the City and submit to HUD for
reimbursement and grant compliance
· Include the grant in their records for audit
· Issue reimbursement check to the City once HUD has approved submitted
documentation
1070f289
Since the City is responsible for the majority of the grant and project administration,
staff recommended the CRA reduce or eliminate the 10% administrative fee. At their
4/13/10 CRA Meeting, the Board approved reducing the administrative fee to 1%
($2,940). City staff concurs with this reduction and recommends approval of this item
with the 1 % fee included.
ALTERNATIVES:
· Not enter into a contract with the Boynton Beach Community Redevelopment Agency
and fund the project without financial assistance.
· Not renovate the museum
· Further discuss administrative fee
1080[289
RESOLUTION NO. RI0-045
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR $294,000.00 TO RENOVATE THE 1913 SCHOOLHOUSE
CHILDREN'S MUSEUM, WITH A ONE PERCENT (1%)
ADMINISTRATIVE FEE TO BE RETAINED BY THE CRA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Department of Housing and Urban Development (HUD) has awarded the
Boynton Beach Community Redevelopment Agency (CRA) a $294,000.00 Consolidation Appropriation
under Economic Development Initiative Special Project B-08-SP-FL-0052 to help the City make
renovations to the 1913 Schoolhouse Children's Museum and Learning Center; and; and
WHEREAS, in 2007 the City and CRA submitted the annual Community Budget Issue Requests
to our Congressman and Senators and when HUD prepared the Agreement. it was noticed that
Congressman Klein's office listed the recipient as the "Boynton Beach Community Redevelopment
Agency" rather than the City of Boynton Beach; and
WHEREAS, the it has been decided that the CRA could accept the award and the City will act
as a sub-recipient pursuant to the terms of the Interlocal Agreement; and
WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff,
deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve
and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton Beach and
Boynton Beach Community Redevelopment Agency for $294,000.00 to renovate the 1913 Schoolhouse
Children's Museum with a one percent (1 %) administrative fee being retained by the CRA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and incorporated herein
by this reference.
1090f289
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton Beach and
Boynton Beach Community Redevelopment Agency for $294,000.00 to renovate the 1913 Schoolhouse
Children's Museum, with a one percent (1 %) administrative fee being retained by the CRA. a copy of
said Agreement is attached hereto as Exhibit "A".
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
Commissioner - William Orlove
Commissioner - Steven Holzman
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
1100f289
INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY TO
PROVIDE FOR A TRANSFER OF FUNDS FOR MUSEUM RESTORATION
THIS AGREEMENT, made and entered into on the gay of
---'- 2010 by and between:
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
(hereinafter referred to as "CITY")
AND
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY,
a Public Agency of the State of Florida
915 S. Federal Highway
Boynton Beach, Florida 33435
(hereinafter referred to as "CRA")
WIT N E SSE T H:
WHEREAS, CITY and CRA (the "Parties") desire to restore the 1913 Schoolhouse Museum
and Learning Center ("the Museum"); and
WHEREAS, the CRA is in receipt of $294,000.00 in grant funds from the U.S. Department of
Housing and Urban Development to be used for the construction of an educational facility ("the Grant
funds"); and
WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement
("Agreement") for the CRA to designate the CITY as a Sub-Grantee of the Grant funds, whereby the
CRA shall transfer all grant funds to the CITY such that the CITY may restore the Museum (less CRA
administrative fees, if any); and
WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests
of its citizens and residents to enter into this Agreement; and
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation
Act"), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter
into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the
other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit
shares in common and which each might exercise separately, permitting the Governmental Units to make
the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and
thereby provide services and facilities in a manner and pursuant to forms of governmental organization that
accords best with geography, economy, population and other factors influencing the needs and development
of such Governmental Units; and
111 of 289
WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the
Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act;
and
WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal
Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of
this Agreement; and
WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal
Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of
this Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1.
RECITALS
1.01 The above recitals are true and correct and are incorporated herein.
Section 2.
TERM OF AGREEMENT
2.01 This Agreement shall be effective upon the approval of both parties and shall terminate upon
completion of the restoration of the Museum, as evidenced by the close-out and finalization of all
building permits connected to this Museum restoration grant.
Section 3.
COMPENSATION
3.01 City will invoice the CRA for actual expenditures associated with this project and provide
documentation for all expenditures paid by the City. Following CRA's receipt and review of
City's invoice, the CRA shall draw down the grant funds from the federal Line of Credit Control
System (LOCCS). Within five (5) business days after the grant funds have been drawn, the CRA
shall transfer the Grant funds to the CITY, by check. The total amount to be transferred by the
CRA to the CITY is not to exceed $294,000.00, as specified in the Grant Agreement between the
CRA and the U.S. Department of Housing and Urban Development.
3.02 Such transfer of funds shall be made payable to the City of Boynton Beach and mailed to Attn:
Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida 33435.
3.03 The CRA shall retain an administrative fee in the amount of 1 % (roughly $48.00 per hour, 60
hours of work) of the Grant funds. The CRA shall retain such administrative fee to cover its
costs for administering the Grant, including, but not limited to:
.
Reviewing the documentation and reports prepared by the City and submitting such
information to HUD for reimbursement and grant compliance.
Maintaining all grant information in the CRA records for audit purposes.
Issuing reimbursement check(s) to the City once HUD has approved the submitted
documentation.
.
.
1120f289
Section 4.
DUTIES AND RESPONSIBILITIES OF CITY
4.01 To the extent permitted by law, CITY will adhere to the terms and conditions of the Grant
Agreement between the CRA and U.S. Department of Housing and Urban Development entitled
"FY 2008 EDI-Special Project No. B-08-SP-FL-0052", a copy of which is attached hereto and
incorporated herein ("HUD grant agreement").
4.02 The City shall perform the follow duties, which would ordinarily be performed by the CRA as
the primary grant recipient:
· Complete an environmental assessment of the project site
· Prepare and award the project bid
· Provide a Project Manager
· Pay all contractors
· Prepare the six-month Progress Report(s) and Financial Status Report for HUD
· Provide the CRA all back-up documentation with request for reimbursement
· Prepare Final Report including a narrative of the work accomplished and a completed
Financial Status Report covering the entire project period
· Have a Project Manager on site for project completion inspection
· Provide the following documentation to HUD: a Certificate of Project Close-out and
Grant Close-out Agreement
Section 5.
DUTIES AND RESPONSIBILITIES OF CRA
5.01 CRA will adhere to its responsibilities as specified in the HUD grant agreement, including but
not limited to the Sub-Grantee requirements specified in Article II.
5.02 If the CRA has not already done so, it shall submit the notarized LOCCS Access Authorization
Form (HUD form 27054) to the address listed on the form within five (5) business days
following the execution of this Agreement.
5.03 Within thirty (30) business days following receipt of the HUD grant agreement and Assistance
A ward, the CRA shall execute and submit such documents, along with all other required
information necessary to render the CRA eligible to draw down funds from the LOCCS system.
5.04 The CRA shall provide the CITY with the administrative services specified in section 3.03
herein to facilitate fund transfer(s) and all other other procedures required by the HUD grant
agreement.
Section 6.
INSURANCE
6.01 CITY and CRA shall maintain at their own cost and expense all insurance policies providing
coverage for liability protection in accordance with state law and as required by the HUD grant
agreement. Certificates of Insurance reflecting evidence of the required insurance shall be filed
with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time
of transfer of funds from the CRA to the CITY. These Certificates shall contain a provision that
113 of289
coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior
written notice has been given to the other party. Policies shall be issued by companies authorized to
do business pursuant to the laws ofthe State of Florida. Financial Ratings must be not less than "A-
VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide.
Section 7.
RECORDS
7.01 CRA and CITY shall each maintain their own respective records and documents associated with
this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes.
All such records shall be adequate to justify all charges, expenses, and costs incurred in
accordance with generally accepted accounting principles. Each party shall have access to the
other party's books, records and documents as required in this Agreement for the purpose of
inspection or audit during normal business hours during the term of this Agreement and for at
least three (3) years after completion of the Improvements.
Section 8.
ASSIGNMENT
8.01 The respective obligations of the parties shall not be assigned, in whole or in part without the
written consent of the other party.
Section 9.
DEFAULT
9.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such default
from the other party, the party giving notice of default may be entitled, but is not required, to
seek specific performance of this Agreement on an expedited basis, as the performance of the
material terms and conditions contained herein relate to the health, safety, and welfare of the
residents subject to this Agreement. Failure of any party to exercise its right in the event of any
breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to
have waived any failure to perform by the other party unless such waiver is in writing and signed
by the other party. Such waiver shall be limited to the terms specifically contained therein. This
section shall be without prejudice to the rights of any party to seek a legal remedy for any breach
of the other party as may be available to it in law or equity.
Section 10. COMPLIANCE WITH LAWS
10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful
orders of the United States of America, State of Florida and of any other public authority which
may be applicable.
Section 11. VENUE
11. 01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in
the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the
United States District Court for the Southern District of Florida.
Section 12. GOVERNING LAW
12.01 The validity, construction and effect of this Agreement shall be governed by the laws ofthe State
of Florida.
1140f289
Section 13. ENTIRE AGREEMENT
13.01 This Agreement contains the entire understanding of the parties relating to the subject matter
hereof superseding all prior communications between the parties whether oral or written, and this
Agreement may not be altered, amended, modified or otherwise changed nor may any of the
terms hereof be waived, except by a written instrument executed by both parties. The failure of a
party to seek redress for violation of or to insist on strict performance of any of the covenants of
this Agreement shall not be construed as a waiver or relinquishment for the future of any
covenant, term, condition or election but the same shall continue and remain in full force and
effect.
Section 14. SEVERABILITY
14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in
conflict with any law of the State, the validity of the remaining portions or provisions shall not
be affected thereby.
Section 15. NOTICES
15.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent
by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by
overnight express delivery service, evidenced by a delivery receipt, addressed to the party for
whom it is intended at the place last specified; and the place for giving of notice shall remain
until it shall have been changed by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective places for giving
of notice.
CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
CRA: Lisa A. Bright, Executive Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, Florida 33435
Copies To: James A. Cherof
Goren, Cherof, Doody & Ezro!, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Section 16. INTERPRETATION
1150f289
16.01 This Agreement shall not be construed more strictly against one party than against the other
merely by virtue of the fact that it may have been prepared by counsel for one of the parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE FOLLOWS.
1160f289
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their
respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal corporation
organized and existing under the laws of the State of
Florida
By:
Jose Rodriguez, Mayor
ATTEST:
Janet Prainito, City Clerk
Approved as to form:
City Attorney
BOYNTON BEACH
REDEVELOPMENT AGENCY, a
organized and existing under the laws
Florida
COMMUNITY
public agency
of the State of
By:
Jose Rodriguez, Chair
Approved as to form:
CRA Attorney
H:\] 990\900] 82.BBIAGMT\ILA - eRA (museum restoration) v8.doc
1170f289
LaVerriere, Lori
From:
Sent:
To:
Subject:
Welsh, Pam on behalf of Bressner, Kurt
Thursday, April oa, 2010 2:04 PM
LaVerriere, Lori
FW: Children's Museum Grant Matter
From: Bright, Lisa
sent: Tuesday, March 30, 2010 4:50 PM
To: Bressner, Kurt
Subject: RE; Children's Museum Grant Matter
Both meeting should be after the 13th.
1.) Children Schoolhouse recommendation will be no administration charges.
2.) NSP will be a moot point if the CRA Board does not accept a proposal.
1180f289
*
Meeting Minutes
Community Redevelopment Agency Soard
Boynton Beach, FL
February 9, 2010
Mr, Weiland expressed his concem that two board members were not present and the
possibility of a reconsideration request. Attorney Cheraf advised a quorum was present
that can take action on any item on the agenda. A Board Member can make a request
for reconsideration in the Mure. The custom at the Board level and Commission level
has been that a member who does not vote has the ability to make a motion for
reconsideration.
Brian Edwards, 620 NE 9th Avenue, felt strongly it was a positive project for the City.
He was concerned the surrounding property owners and developments had not
received adequate notice and were given the opportunity for input. He commended the
CRA and staff for the perfect solution to an otherwise blighted area.
Mr. Welland echoed Mr. Edwards remarks that the south end of Boynton Seach had
suffered for many years with an undesirable location and activities. It would be a huge
benefit to Boynton Beach and Delray Beach for Federal Highway to rebound,
Motion
Ms. Ross moved to approve Item C under New Business to enter into a Direct Incentive
Funding Agreement with Wal-Mart Store South. Mr. Weiland seconded the motion. The
motion passed unanimously,
Consideration of Application to HUD for funding in the amount of $294,000
to be used faT repairs to the Schoolhouse Children's Museum
Ms. Brooks advised the matter was brought by City staff. Representative Klein had
earmarked these funds to build a fire and police training center. There was confusion
when the money came to the CRA and the money was not used for some time. Debbie
Majors, Grants Coordinator, managed to get HUD to agree to re-program the monies for
education purposes at the Children's Schoolhouse Museum for repairs at the facility.
The CRA would be the fiscal agent for the federal funding. Presently the application is
before the Board for approval. There is an administrative fee negotiated with the City as
5%. The monies would be used to replace windows and make necessary repairs.
D.
Mr. Weiland had researched with other municipalities and the average administrative
fee was 20%. He felt the eRA was settling for less and the fee should be 10% to 12%.
Vice Chair Hay agreed the fee should be higher. Ms. Brooks noted it is iii good project
in the town square area. There would be extra work, especially with federal funding
which had more intensive requirements. There would be a high degree of responsibility
on the Agency and possible repercussions if the paperwork is not completed accurately
and timely.
Debbie Majors, Grant Coordinator, advised the funding was a much shorter time period
than with other federal funding. It would not be a long project with only a couple
11
1190f289
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9,2010
invoices. The City would bid the wo~. award the bid and pay the contractor. It would
be responsible as a 9ub-grantee to abide by every compliance regulation. Ms. Majors
pointed out the estimated cost of the windows may be higher than the grant award. For
several years funding had been sought for the building and it was not available due to
the lack of matching funds. There are 50 to 60 openings involved.
Kurt Bressner, City Manager, opined that 10% was too high and even 5% could be high.
He suggested the CRA staff document their actual time and the City cover the cost
rather than a flat percentage rate. The City would be doing all the certifications and not
the CRA staff. A direct cost reimbursement may be a better approach with an upset
figure of the 10%.
Susan Harris. CRA Financial Director, was not comfortable with the proposal. The
responsibility for audit purposes would remain with the CRA. She would not accept
anything less than 10% due to the compliance issues involved.
Motion
Mr. Weiland moved to approve D under New Business, application to HUD for funding
in the amount for $294.000 to repair the Children's Schoolhouse Museum to approve a
10% administrative cost to file the proper paperwork, Ms. Ross seconded the motion.
The motion passed unanimously.
CLOSE OF COMMUNITY REDEVELOPMENT AGENCY MEETING
MotlRn
Ms. Ross moved to recess the Community Redevelopment Agency Board meeting. Ms.
Weiland seconded the motion. The motion passed unanimously.
The meeting reefJ$S8d at 8:03 p.m.
The meeting reeonvened at 8:35 p.m.
Vice Chair Hay reconvened the meeting at 8:35 p.m.
E. Consideration of Entering into an ILA with the City regarding the
brownfield eligible business financial contribution.
Ms. Brooks explained basically the CRA was accepting the financial responsibility for
the financial match for the State brownfield incentive for Wal-Mart.
12
1200f289
6.1
CONSENT AGENDA
April 20, 2010
"",:../--.-
:{(('
\ .....:<1'.
.,~,.,...
-Y.>."
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
D OPENINGS D PUBLIC HEARING
D OTHER D CITY MANAGER'S REPORT
D ANNO U NCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS
NATURE OF D ADMINISTRATIVE D NEW BUSINESS
AGENDA ITEM
rgj 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: PROPOSED RESOLUTION R 10-045 - Approve a
Memorandum of Understanding (MOU) with the SEIU FPSU White Collar Bargaining Unit providing a
waiver by the City to recoup any monetary benefit paid to a White Collar bargaining unit member under
the status quo Collective Bargaining Agreement which is inconsistent with the new benefit levels
established and which could otherwise be recouped.
EXPLANATION OF REQUEST: The newly ratified White Collar CBA reduces or eliminates levels of
benefits previously paid to employees. Article 54 of the CBA includes language requires that
employees the repay to the City the cash value of those benefits which accrued and were paid
after October 1, 2009 when the prior CBA ended and April 6, 2010 when the new CBA was
ratified. Repayment would include Certification Pay, Emergency Cash Out, Holiday Hours,
Compassionate Leave, Car Allowance and Longevity Pay for employees who received these
monetary benefits. The SEIU FPSU Union has requested that the City waive the language in
Article 52 which requires repayment. If approved by the City Commission, the MOU will not
require repayment for those monetary benefits paid during the status quo period.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact to programs or services
FISCAL IMPACT: There will be a $50,656.86 fiscal impact to the City if the MOU is approved,
which is the value of the monetary benefits paid to employees. Details are shown on the
attached breakdown.
ALTERNATIVES: Not ratify the Memorandum of Understanding and require the repayment of
any monetary benefit that was paid to a bargaining unit member under the status quo
Agreement which is inconsistent with the new benefit levels established and which could
otherwise be recouped by the City.
1210f289
RESOLUTION RIO -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RATIFYING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU
FLORIDA PUBLIC SERVICES UNION, CTW, CLC ("SEIU")
(WHITE COLLAR) WAIVING ANY MONETARY BENEFIT
P AID TO A BARGAINING UNIT MEMBER WHICH COULD
OTHERWISE BE RECOUPED BY THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the SEIU (White Collar) have reached an
agreement that the City would waive any monetary benefit paid to a bargaining unit member under
the status quo which could otherwise be recouped by the City; and
WHEREAS, Article 52 of the Agreement, entitled "Duration" shall be revised to waive any
monetary benefit paid to a bargaining unit member during the status quo which could otherwise be
recouped by the City; 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 this Memorandum;
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 Memorandum of Understanding between the City of Boynton Beach and the SEIU Florida
Public Services Union, CTW, CLC ("SEIU") (White Collar) Amending Article 52, Duration, that
the City would waive any monetary benefit paid to a bargaining unit member under the status quo
which could otherwise be recouped by the City, a copy of which is attached hereto and made a part
hereof.
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of April, 2010.
1230f289
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)
1240f289
MEMORANDUM OF UNDERSTANDING
The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the SEIU FLORIDA PUBLIC
SERVICES UNION, CTW, CLC ("SEIU") enter into this Memorandum of Understanding to clarify and
modify the provisions of the Collective Bargaining Agreement between the City and the SEIU (White
Collar) which was ratified by the City Commission on April 6, 2010 and agree as follows:
1. The first paragraph of Article 52, Duration is amended as follows:
This Agree~ent 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 pa)Toll
adjustment deduction which could otherwise be recouped bv the City is hereby waived.
2. All other terms and conditions of Article 52 and the entire Collective Bargaining Agreement
as ratified by the parties shall remain in full force and effect.
3. This Memorandum will become effective the date it is ratified by both the City Commission
and bargaining unit.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
City Clerk Jose Rodriguez, Mayor
Approved as to form:
James A. Cherof, City Attorney
SEIU FLORIDA PUBLIC SERVICES UNION, CTW,
CLC
Approved as to form:
Alphonso Mayfield, President
Date ratified by CITY
,2010
Date ratified by SEIU
,2010
1250f289
SEIU FPSU White Collar Benefits Eliminated
Total Paid Since 10/1/10 through 4/6/10
ARTICLE DESCRIPTION NO OF EMPLOYEES REPAID NOTES
IARTICLE 20 ICERTlFICATION PAY 1$ 500.00 I
IARTICLE 26 IEMERGENCY CASH OUT 4 1 ,408 10 I 190 hrs reduced to 80 hours
IARTICLE 28 DHOLlDAY HOURS 87 0 31,125.88[::]8 Holidays - 8 hours vs 10 hours
IARTICLE 29 ICOMPASSIONATE LEAVE 4 422 881 18 hour vs 10 hour days
,.....
N
0"1
o
H)
N
00
\.0
Reduced from $490 to $300 - paid for 6
ARTICLE 40 CAR ALLOWANCE 5 5,700.00 mths
4 - 5 years; 3- 10 years; 1-15 years; 1-25
ARTICLE 45 LONGEVITY PAY 9 $9,000 years
Total
48,156.861
Note:
Check's held by Department pending payment if approved by City Commission:
Fire 1 10 year Longevity $1,000
Finance 1 15 year Longevity $1.500
Total checks being held by Department: $2,500
I Grant Total with held checks
$50,656.86 I
9.A
PUBLIC HEARING
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS [gI 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
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: Approve a one (1)-year site plan time extension (SPTE 10-
004) for Boynton Vistas Phase II, Major Site Plan Modification (MSPM 07-004) Development Order,
located at 419 South Circle Drive, approved on May 20, 2008, thereby extending site plan approval from
November 20,2009 to November 20,2010. This item was tabled at the March 16th meeting and must
therefore be removed from the table to aUow for discussion and action to be taken. Applicant: Jeff Wolff,
Boynton Vistas, Inc.
EXPLANATION OF REQUEST: Existing development consists of a total of 12 apartment units,
and an additional seven (7) units with a rental office are proposed, for a total of 19 dwelling
units. If approved, the site plan expiration would be extended to November 20, 2010. As for
justification for the request, the applicant indicates that since receiving site plan approval, the
downturn in the economy has made the bank's financial requirements more restrictive, thereby
increasing the difficulty in securing a construction loan for the project. The justification is
provided in an attachment to the staff report which explains that the extension will allow the
applicant more time to see if the economy improves enough to secure the needed construction
loan.
All outstanding conditions from the previous approvals must still be satisfactorily addressed
during the building permit process along with any additional conditions required by the City
Commission. The Planning and Development Board reviewed the request on March 23, 2010 and
forwards it with a recommendation for approval. This is the first time extension request for this
project.
1270f289
This item was first tabled by the Planning & Development Board on March 23rd at the request
of the applicant (who had a conflict and was unable to attend the Board hearing). In
accordance with Ordinance 05-004, time extension requests are one of several applications
reviewed by the Commission in a "quasi-judicial hearing" and are therefore advertised (by
direct mailing and newspaper legal ad). Following the tabling of the item by the Board, the item
was placed on the Commission agenda so that it could receive a date-certain tabling (to April
20th) to maintain the validity of the legal ad and notices.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Deny extension thereby requiring that the site plan approval process be
repeated.
1280f289
~
EXHIBIT "A" - SITE LOCATION MAP
BOYNTON VISTAS II SPTE 10-004
'('
:.r;.#
'I',
r
'l-
ff)
c
Z
N
W
Z
I- I-
o ff)
~ B~1A ~
M M
W W
z \z
I-
o
J:
I-
o:::t
W
Z
150 75 0
~--
150
300
450
r
1290f289
"
-{'p.;,
'i1{iitJ ~~ 's.;:x~~}~.i:.
60(
'vet
~{t
i~
j......'
,; . ~
~ I
~ :~./-,
I ~ i II .y~C~ --. _-",.~I 11L I
I' , ....n... ,..... j' /.,( I 'r-r-l
!~ i L::,.~ -":lh;,_l;_,~b" r~-r '~'f.+-,;,:r~:~" 'Le, I'!'
, ~ I : f/,: I'~l'. 'r': i,l, I
~~~ I/~~I it.~I:j ,:.- .fE..__.,." I
, J IH, \~-;::,." ~.E~~~~::C -, ;::;'~'L _._~ : .'
I}! i t!;'~ '~JJrf;:-rtF.~;flr~7rdl:r!JTITrn{!.: I, I I~"
~~12 II ,., _ ~1,,',r 1_ ,. j -';-tr.~/ I~
J:~ ~~uf~-!' 'A;G~~j~:~~~:~,~~)~r:~'-T~'~Fj~~ :'[E"~'~;.:;_lij ::~ !~. ,r~i
! ~~\~, ,~b-..j--:""i-LW;LJ -";""'''''-.-t,=!:-,A::'':U-".]- r 1':1 i ^,';';'':"',,f/:t ~-', .,
I : 1\ ' (t: T~:;--=':-,i~"~'-"Ln':~ ~s. =~ :]-:.. -rf- -~Fc' 1
_.;.". 'fT\"~ ,'~., I 'J : I ;', I
i;i J~I~1'rc -~l i~!~} m (;1 "\1
i / ! '; , : I-,! ,>! ;, '1
,,' . I ,~-_.... .,"' '.",' I
;, r- ------.i~
:1 i - i 'i~ - i:.../ I ' ,
!:'__i,l- ".."-,,., ."... "'::"""~"~""".'"'>C"_/ ';'_';,,~HI ! _II
=~""'II.~t.X1r~~'>>t..r/~ --r '
:[ -<--
illllll/1f
!l!!;l !l!~ : :
ilWl :fl! '
'SJ::
I!~~
,.--
~
,
i
,
'c!
~.. ~, ,. ~ <';.f '. :.i.:.!..,~~,i..i:.,.:..:~z;~...,,~"i....
;1 i"_i,f. .1...... ..,,_::l......:..,'. ,:;:"__..'......i"_. .ij~..'..'.~" .,'_~~.,:....",..::.~.....'.,. ;.:::.,.,I!! , .
~~. 0 ";~ ~ m~m
.: I .
r" IIil11
"
.
;;
;J~
....1.
~.i
EXHIBIT liB"
I
!: !..;::~
[!~
WI
'f
t::: J'
~ i i~
f
;;.
l
t
~Ln
~.~ ~ t r
:~ ; ~ ;
,~ ~
i r~:'
j-i
","-
J~_
< I~
<;t'
:1-'
.,(,
-,
....'
;~~
r.; !
i','!:
:, I
'" ':-
~~ ~ ~<>
..;\~ ~
;/
,.
I;"
~<,t;"~~~r
.... :.' ~ t" I
:;., ?" '; ~;:;
~ ~ ~;
'Or
n
f~
i:~
I:
~1
~ r~11 f![,ff.:,~~_~--=.:::T~.::::.'..:, ... . ,:,'i,', '~:~ ", .' .11 [ PLA'.
l..J ~': - ~.: ~I!~=-_.,"" "t",,~ I' : ",'7 ~ 1:~ ~, I
I I ~I " .r-'~'---""" ~~. ,;---' "'BO'S<O"~
""",' 'ii & --=J~:}:~~5:L~~'~S~:~.;~~.Gth:;:~'~.':OA:1
James Bushouse, P.E.
(:or-J5.ULiliK: ,[NC1N[ER~
8CCAi~f~~;~~'!2
~~~~~jti~
130 of 289
\
t ~~.
"
i
i '
~~ '\
I;"'" il\'- -0 ,\1, ~
I \ m\~n "
~ \ l:1:l\tm '
"" 'UjF,HR.,
': !~ .~.j ~.,I';'Jr;I'~}\-
: " uml .'~. r~~~l-
: 'i,., :'. ~;,t' ~ ~V!,
t\i5 :'J'. i~<.'.\.m.:c...~l\1.,.. \'.r.~....l:r~.i':'.\.i...
,c \ \,-' ~;'i' J:'i
~\~ ~~'. .". ....~..\.-... .;".~ .'tij~J.:..i' .~I.i1.'~..~j.'.'" .:.'. . ...~:.~.......~:-.M::.'l.til.
? ~~St.-B1 t~J30:\1~i/~1
., {........... \. ,F;'- dJ41
~! 1~ g,g~:g4(~l'. ':~ ::=:,;,~~
'. (11 'j; -:5f-t.,,---~,.'~';'.H-...:i.."--.~ 7t...:.t.r..~}\.u'.~ll
} . :,\ \\i~k :~>\i:,~~\ W:;~: n:1
~,~J " ., ", i \\ .ji;, -i'-1. 1 {e: ,~v
I:: I I ,1...,'1" ".,.'
I~ \cy,,-ri~i:~~~~' i
\ .. ....1. Oll \\,f.'r.w. \.l.'.~ \.U.t\...,.\l....~.~ '
I'~ " \~l\11 ~ l
il;~ ,., .'..,\i1w.f..f"
e,<'11 rn 7
\ <: r~ ,i \f~i
~~~J!r
1 I. ; .;..l.f
\. 'i., I, j .
~\!L,~.~
\
~ _...-=---_..\
EXH'BIT "B"
E
!
,
i(
~~
~
"
"
z
u
'. Al
'\ ~
ft!
I'
m
;~.
.,,"t
(....
)
\il
"
,-
\"1
/
< 1.~'\
1'-
'.
.. ~
It
::.
r";
[~_ ~~-=- _.-1
;l; '.
\
!
.r-i"T ',\.':C-E:S,-='l.:;:",,~:'T '" "'""
'\' ~ \:\~'1:! re,: = cCi.:;rC =1 ~:::.rB~ ~~T~':::I 5 T ~~ I'
< ~ ' \ j ,1__.____. _..._"_U_--'---' ,,<"~ c"."."'~. '.C. '
, \ \ > Cr' . __ ....__. """:;;: .:':,::,~"'" "" , C,"Lf OR'"'. ",,"'.IN ,""H. 'LORlD'
,
\ - --------'
-1 Ja~~~j~~,~It~~s~: ~.E.
','.It S~. ~.", t:lillVl
~ ~ .1;1~:;',))A~~
131 of 289
C
Tn
~
L~~t
'-l;,;,\L
! 1.1. rnlt...~~!..... l
i ,:) 1'1;( ,) I. J.~,
, I .,.. ,
I II 0 J,u~11....r
j I'll W!~,t
:"'11, ';')"li:mu~~~rtmh
Ie,! roi~;;,,~\w
I 11'.' .'..~-":.If:.-.;.-..'. ili.....!:;..:. '.'c...:...-..~..~Ip'
! I ..' ~j tlU~W-~il'
i,..I, ';r; 'li~:II,.f.i".'...'.f.,.,.r.lk..j-J
, f~;~' :~~tf' i-
i, A. )' ;:,..'..W...,.~.-hl
~.\:, -J-n#i'~-:t I
i irli n.'~J!limHV: '
~-I! i~ lit}
~I k I, ",-, '~h!
tf 0-~." \;:~d 1-
:1 n""""""-I'I
Ii i '.;.' 1 1/.'
~ ii i Lii
in
r"
m
i.
I
;~
IC11
L
l~
L"
,
1>
,
l.-----::'~,;...:.,~__.__;
lel( ,
; I
~ F
<! ...
~ ~
; ,;.
'i J'
~ .~
H
2 t
.~ ~!i
L
...:
t1
,.
~
HI
1
(J>
''''of
fT1
I
rn
"
I J,;
:)
I '.cV!.TIONS
'EXHIBIT "B"
tri
c
r
\ \
~ \1
rJIJli]~" J
! ':) i., \t.tj. ;:.'. '.f.l....'...././
,I iH)' ~ rtf,
! "'j'. ,J...:..q,
I ~~' ().; !.:41~~1:'
, Ii H? i ,~~~JJi ~:f.,
i I., ." I. p. '~...~t.:.rt.lrP.,:..jlh.\ ."
i i'... ;': ~J ~'l<k'
in i' rill i '~~itHl{:tUf}
: -' 'i '1;{;1l L tlJ100ittlll[~l.;tfh
'I .. ,", ,.~,. ~H icy'
: :1 'I) "~'~l'~--~L~ :
. J rn kl',?r~lt~l
i l' "c~!' '.l-.':'dp
'~l'l "I I *:tl'i~~ A'
: "i. ... ! c.'..h-..-.'......~.-.j: I'
~:rnIJ~.; ,
.- I '-I Uii~:;:-Ji liP \
n ;tL\&Ji '
;, I i ,'~ ~ I;l
I, ~ n ~ ~jl
~~~-j
I ,;:1
i----~2'.;.f..~-.,_._-~ :t~.;
L-
L'
1>
j~
~
James Bushou&e, P.E.
t -(.,I.l:';cL....l~G l: ~C:!-;;t~S::
BCYi\,/TON VISTAS !I
..11:; S, cn(;~ UR"~' B'OtN'fJ;~ :r:AC~, rU:Rlo.o.
132 of 289
l]~ aw '". _",-"1'1
llQ(. ~..."'(loI f_~""''"' ~"".t:!
(".,; 'I~ .......
~:.~~ _.,,,,-'o..o:t:t'
"1l.1,;:~_ ';:~'~':.,::':'"~
EXHIBIT "e"
BOYNTON VISTAS INC.
RENT ALCOMMU.!'lITY
419 South Circle Drive / 420 Northeast 17th Avenue
l\ ovembcrJ~, "0Q.2.
; '''';5.. t~ rt:~ rl-t,; :~.:. fITt
. .Wi ~ t.a' { ~
To: The Board & City Commission of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
NOV 1 9 ZOGg
2o~1~~~g~E;'iP
Re: Time Extension for Boynton Vistas II
Dear Board & City Commission,
Once the board approved us for the Major Site Plan Modification, we began
moving forward on our loan. The bank was pleased with our progress and had also given
us preliminary approval as well. Unfortunately, as the Nation began taking its down turn,
so did our project.
The banks financial requirements had changed. They \.\'ere now requesting that the
Guarantees have enough cash on hand to complete the project in its entirety. That meant
we had to have approximately $580,000 in liquid assets. That figure did not include
having 50% of the rent roll in liquid assets as well to assure that if we could not lease the
apartments, we could stiJl cover tbe loan. We also began accumulating information on the
housing market and were realizing that the ever-increasing loss of jobs in the market
place was going to directly affect our rental market. It became clear that we were not
going to be able to secure a construction loan.
On a positive note, we were making progress wi.th the Utilities Department on
final water coID1ections as we,ll as water flow. Tests concluded that our GPM could
withstand the added consumption need amongst other small steps forward that showed
progress.
At this time we are requesting from the Board & City Commission a time
extension of one year to allow us more ti.me to see if the economy takes a tum for the
better. Thank you for our time.
Jeff Wolff
Boynton Vistas Inc.
Rental Community
Office: 561-966-7765
Fax: 561-968-5317
email: jeff@wo1ffandco.com
Regards, /~./- .
:W
/ l'
#
/ ,
,
Otlice 561-966-7765 Fax 561-968-5317
1330[289
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Vistas II
File number: SPTE 10-004
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Forestry
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
1. The applicant shall pay the utility reservation fee in order to ensure capacity X
will be available when project commencement is anticipated.
BUILDING DIVISION
Comments: None X
P ARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
2. If this request for site plan time extension is approved, all outstanding X
conditions of approval from the original development order (MSPM 07-004)
must still be satisfactorily addressed during the building permit process.
l340f289
DEPARTMENTS INCLUDE REdl
3. An updated traffic concurrency approval letter from Palm Beach County will X
be required prior to permitting.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Vistas II\SPTE\COA.doc
1350f289
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Boynton Vistas II
APPLICANT/AGENT:
Jeff Wolff, Boynton Vistas, Inc.
APPLICANT'S ADDRESS:
5139 First Road, Lake Worth, FL 33467-5603
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20,2010
TYPE OF RELIEF SOUGHT: Request for a one (i)-year site plan time extension to the previously
approved Major Site Plan Modification Development Order (MSPM 07-004).
LOCATION OF PROPERTY: 425 S. Circle Drive & 431 S. Circle Drive
DRA WING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit "D" with
notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\PLANNING\SHAREDlWP\PROJECTS\Boynton Vistas IIISPTE\DO.doc
1360f289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
Motion
Vice Chair Saberson moved to approve the minutes as submitted. Mr. Timm seconded
the motion that passed unanimously
6. Communications and Announcements: Report from Planning and Zoning
Director.
Michael Rumpf, Planning and Zoning Director, announced Board Member Leah Foertsch
called to advise she could not attend the meeting due to a conflict.
He reported on the outcome of items previously reviewed by the Board and the action
taken at the City Commission meetings as follows:
);0 The Lake Worth Christian School Site Plan Time Extension was approved.
);0 The Safe and Secure Self Storage Phase III Site Plan Time Extension was
approved.
);0 The Use approval for the church in Quantum Park was approved.
);0 The Healing Grounds Site Plan was approved.
);0 The Boynton Vistas II Site Plan Time Extension, tabled by the Planning and
Development Board was also tabled by the City Commission, allowing it to be
returned to the Planning and Development Board.
7. Old Business:
A.1. Boynton Vistas II. (SPTE 10-004), Site Plan Time Extension, located at 419
South Circle Drive. Request for a one (1 )-year site plan time extension for major
site plan modification (MSPM 07-004) approved on May 20, 2008, thereby
extending site plan approval from November 20, 2009 to November 20, 2010.
Applicant: Jeff Wolff, Boynton Vistas, Inc. Tabled from the February 23,2010
meeting.
Since the applicant was not present, there was agreement to hear this item last. There
was brief discussion on the correct expiration date of the site plan as a Board member
noted there appeared to be a conflict.
Kathleen Zeitler, Planner, clarified the site plan time extension was valid for 18 months. It
was approved on May 20, 2008, extending it to November 20, 2009. The one-year
extension would extend it again to November 20, 2010.
2
1370f289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
Attorney Alexander administered the oath to all those intending to testify.
Chair Jaskiewicz noted there were two conditions of approval and she inquired about the
Utility Reservation Fee.
The applicant arrived and was administered the oath.
Ms. Zeitler presented the request as contained in the staff report. The request pertained
to a rental apartment community with 12 units in Phase I. The site plan that was approved
was for seven more rental apartment units and a rental office as Phase II. The applicant
requested an extension of the Major Site Plan Modification Development Order, which was
approved on May 20, 2008 for the Phase II development. The site plan was valid for 18
months from the date of approval. If the second extension were granted, the Site Plan
would be extended to November 20,2010. The site plan reflected seven units that would
be built as separate one-story buildings. Building A had 4 units and Building B had three
units with a rental office. Each unit was 1,000 square feet, and would be constructed with
concrete block, stucco, pitched-shingle roofs, and decorative features such as panel doors,
colonial style window, stucco banding and coins on each corner.
The applicant attempted to obtain a construction loan; however, with the economic
downturn, the banks became more restrictive. An updated traffic concurrency approval
letter from Palm Beach County was needed and the Utility Reservation Fee was due,
otherwise the Utilities Department could not guarantee capacity.
Staff recommended approval of the request for the one-year extension subject to adhering
to all prior conditions still applying and they must be addressed during the building permit
process.
Jeff Wolff, 5139 First Road, Lake Worth, was present and advised a bank would not be
needed to fund the loan. They sold a property and would provide their own funding. He
hoped to commence construction in August or September.
Chair Jaskiewicz opened the floor for public comment. Hearing none, she closed the
public hearing.
Motion
Ms. Grcevic moved the Site Plan Time Extension be from November 20, 2009 to
November 20, 2010 including all conditions. Mr. Myott seconded the motion that
unanimously passed.
8. New Business:
C.1. Windmills, (CDRV 10-002), Code Review. Request approval for an amendment
3
1380[289
9. B
PUBLIC HEARING
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS ~ 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
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: Approve the Macia Marin Medical Building site plan
(NWSP 10-003), located at 115 SE 4th Street, 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.
EXPLANATION OF REQUEST: Applicant is proposing a two (2)-story medical office building in the
Central Business District (CBD) zoning district which would be built in one phase. Subject
property currently supports a medical office building which the owners would demolish and
replace with a more modern medical building. The site plan review process has involved all
disciplines of the Technical Administrative Review Team (TART), including Building, Planning
& Zoning, Engineering, Public Works, Utilities, Fire, Police and Parks. The staff team reviewed
the project for compliance with all applicable regulations and standards, and the remaining
unaddressed, or subsequently to be addressed conditions or requirements are listed within an
attachment to the accompanying staff report (e.g. Exhibit "C" Conditions of Approval). The
project is being supported by staff subject to satisfying all remaining conditions of approval.
The Planning and Development Board reviewed the request on March 23, 2010 and forwards it with a
recommendation for approval subject to changes in conditions including the omitting of #12 (comment
has been met), and the modifications of #2 and #18, to establish responsibility for, and timing of payment
of subject utility costs, and to allow for flexibility in the requirement for window awnings, respectively.
These changes to the comments are documented within Exhibit "C", under the heading "Additional
Planning & Development Board Conditions". Lastly, this approval is contingent upon approval of the
concurrent/corresponding request for abandonment (ABAN 10-001).
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Deny the proposed site plan or modify conditions of approval.
1390f289
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 10-021
STAFF REPORT
TO:
Chair and Members
Planning and Development Board
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Kathleen Zeitler
Planner II
DATE:
March 17,2010
PROJECT NAME/NO:
Macia Marin Medical Office I NWSP 10-003
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner: Macia/Marin Family Limited Partnership
Applicant: Macia/Marin Family Limited Partnership
Agent: Julie L. Schiff, AlA, Studio Schiff, LLC
Location: 115 S.E. 4th Street (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Mixed Use (MX) I Central Business District (CBD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use:
Medical Office (8,576 sf)
Acreage:
0.48 acre (20,865 sf)
Adjacent Uses:
North:
City owned public parking lot at southwest corner of Ocean Avenue and
S.E. 4th Street on 0.28 acre zoned CBD (future location of planned
commuter railway station);
South:
Southern Bell utility support and office building on 1.41 acres zoned CBD;
Right-of-way for S.E. 4th Street, and farther east, 4.6 acres (500 Ocean)
zoned Mixed Use High (MU-H); and
East:
West:
Right-of-way for Florida East Coast (F.E.C.) Railroad, and farther west,
an office and store on 0.46 acre zoned C-2.
PROPERTY OWNER NOTIFICATION
1400f289
Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its
respective hearing dates. The applicant has certified that signage is posted and notices mailed in
accordance with Ordinance No. 04-007.
BACKGROUND
Site:
The subject property, located one (1) lot south of Ocean Avenue on the west side of S.E.
4th Street, is located in the City's Community Redevelopment (CRA) area. The property
has approximately 166 feet of lot frontage on S.E. 4th Street, and abuts the F.E.C.
railroad right-of-way to the rear. The 0.48 acre property is comprised of lots 11 and 12,
together with an unimproved 40 foot wide right-of-way to the south (platted as
Jessamine Street, now known as S.E. 1st Avenue). For many years, the platted right-of-
way has been utilized as a parking lot for the medical office use on the subject property.
A concurrent application requesting the City to officially abandon this portion of S.E. 1st
Avenue has been submitted to allow the continued use of the property as a parking lot
(see ABAN 10-001).
Proposal:
Julie Schiff, AlA, of Studio Schiff, as agent for the applicant, is proposing a two (2)-story
medical office building of 8,576 square feet (see Exhibit "B"). A medical office use is
permitted in the Central Business District (CBD) zoning district. The entire project would
be built in one (1) phase. Approval of this project is contingent upon the approval of the
corresponding request for an abandonment.
The subject property currently supports a medical office building where the property
owners, Dr. Macia and Dr. Marin, conduct their medical practice. According to records,
the 1,800 square foot building was constructed in 1960. The existing building, which is
in disrepair, would be demolished and replaced with a more modern medical building for
the owners. The project incorporates many features of sustainable development into
the design of the proposed building and site (see details under "Building" in the Analysis
section below).
ANAL YSIS
Traffic: A traffic statement for the project was sent to the Palm Beach County Traffic Division for
concurrency review and approval in order to ensure an adequate level of service. The
Traffic Division has determined that the proposed project meets the Traffic Performance
Standards of Palm Beach County. The traffic concurrency approval is valid until the
build-out year ending in 2011. No building permits for the project can be issued after the
build-out year without an updated concurrency approval.
School: School concurrency is not required for this type of project.
Utilities: The City's water capacity, as increased through the purchase of up to five (5) million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project. Sufficient sanitary sewer and wastewater
treatment capacity is also available to serve the project.
Police/Fire: Staff has reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
1410f289
Drainage:
Access:
Conceptual drainage information was provided for the City's review. The Engineering
Division has found the conceptual information to be adequate and is recommending that
the review of specific drainage solutions be deferred until time of permit reivew.
The site plan (sheet A 1 OOSPR) indicates two (2) points of vehicular ingress/egress from
SE 4th Street for the project. A two (2)-way drive 24 feet wide is proposed at the
northeast corner of the site and a two (2)-way drive 24 feet wide is proposed at the
southeast corner of the site. In addition, a two (2)-way drive 24 feet wide is proposed as
inter-parcel access to the public parking lot located north of the subject property.
Circulation: Surface parking and vehicular circulation are primarily located west of the proposed
medical office building and include two (2)-way circulation throughout the parking lot, as
well as covered parking spaces around the west and south sides of the building.
Parking:
The project proposes a total of 8,576 square feet of medical office. Parking for a
medical office use requires one (1) space per 200 square feet of gross floor area. Based
on the above, a minimum of 43 parking spaces are required. However, per Ch. 2.
Section 6.E.4.b.(1 ).(a)-(b) of the Land Development Regulations, if the property owner or
business in the CBD is unable to provide 100% of the parking spaces required for the
proposed use on site, the number of required spaces may be reduced by 50%, provided
that all spaces are maintained as unreserved, unrestricted parking that is available for
public use. The site plan indicates a total of 22 parking spaces (50%) are to be
provided, including two (2) handicap-accessible parking spaces.
The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned
nine (9) feet in width and 18 feet in length (per CRA standards) and include continuous
curbing. All proposed parking stalls, including the number, size, and location of the two
(2) proposed handicap-accessible spaces, were reviewed and approved by both the
Engineering Division and Building Division. In addition, all necessary traffic control
signage and permanent markings will be provided to clearly delineate areas on site and
direction of circulation.
The applicant has requested and received waivers from the Engineering and Public
Works Department to eliminate the required loading zone and dumpster. Due to the
nature of the medical office use, deliveries would be made by box trucks rather than
semi-trucks, and roll-out carts were determined to be acceptable for solid waste
disposal. The carts would be placed curbside on S.E. 4th Street on assigned pick up
days, and screened from public view at all other times.
Landscape: The landscape plan (sheet LP-1) indicates the north and south buffers are three (3) feet
wide, and the east and west buffers are five (5) feet wide. Additional landscaping is
proposed at the project entrance, around the building foundation, in landscape islands
within the parking lot, and between the parking lot and west landscape buffer.
The proposed landscaping would provide a complimentary mix of canopy and palm trees
such as Gumbo Limbo, Silver Buttonwood, Live Oak, and Column Magnolia canopy
trees along with Bottle Palm, Sabal Palm, and Cat Palms. The amount of landscaping
proposed slightly exceeds the minimum requirements. To support water-conserving
irrigation zones and provide greater energy efficiency, as well as minimize maintenance
and the use of fertilizers, all small sod areas shall be replaced with groundcover species.
The landscape code requires that fifty percent (50%) or more of the required plant
material be native species. The plant list on sheet LP-1 indicates the landscape plan
complies with this requirement. A total of 796 plants would be provided and 497 (62%)
of these plants would be native species. A total of 60% of the remaining non-native
1420f289
Building:
Height:
Design:
Lighting:
plant material would be considered very drought tolerant. Stormwater would be
collected on site and stored in an above-ground cistern located near the southwest
corner of the subject property. The proposed water-efficient landscaping design
eliminates the need to use potable water, through the use of both stormwater collection
on site and a reclaimed water line.
The proposed building fronts on S.E. 4th Street and would be built to within nine (9) feet
of the right-of-way line. Parking is located west of the building at the rear of the site, in
compliance with the urban design guidelines. The building entrance is located at the
northwest corner of the building. A pavered walkway along S.E. 4th Street is proposed to
encourage pedestrian activity in the area.
The proposed 8,576 square foot office building is designed as a two (2)-story structure,
with a partial third floor private library. The floor plans (sheet A200SPR) indicate
medical office space consisting primarily of exam rooms and offices on the first floor
(2,917 square feet) and second floor (4,624 square feet). A partial third floor (480
square feet) would be used as a private library for the doctors. An elevator, mechanical
room, and enclosed storage for roll-out trash carts is proposed near the building
entrance on the west side. Stairwells on the north and south sides of the building
provide emergency exits.
The proposed sustainable features of the project are impressive and include: site
location in an urban area located in close proximity to a planned commuter rail station; a
proposed wide pedestrian walkway along the east property line; covered bicycle storage
near the building entrance; light trespass minimization through exterior lighting design
and use of full cut-off site lighting fixtures; use of native and drought tolerant plant
material for landscaping; collection of stormwater in an above-ground cistern and use of
a reclaimed water line for irrigation of landscaping; use of rooftop solar photo-voltaic
panels to reduce impacts of fossil fuel energy use; use of low emitting indoor paints and
coatings to reduce air contaminants; use of window glazing to reduce interior heat gain
and improve building energy performance; and solar powered pump for the public art
wall fountain featured on the east building elevation.
The building elevations (sheet A-300SPR) indicate the two-story building at the top of
the roof parapet wall would be 29 feet - eight (8)-inches in height. The top of the roof of
the partial third floor private library is shown at an elevation of 37 feet - four (4)-inches in
height. Even at the highest elevation proposed (41 feet at the top of the rooftop solar
panels), the building height is less than one-half of the maximum height of 100 feet
allowed in the CBD zoning district.
The exterior elevations (sheet A300SPR) indicate the modern office building design
would include bonded cement plaster walls, columns, banding, aluminum pipe railing,
and rooftop solar panels. Pursuant to the Design Guidelines of the CBD, staff is
recommending as a condition of approval that suspended aluminum awnings be added
above the windows to enhance the aesthetics of the building (see Exhibit "C").
According to the elevations and materials board, the main base color of the medical
office building would be a soft white: "Panda White" with trim colors for columns and
banding either "Watery" blue or "Relaxed Khaki" beige. All paints would be Sherwin
Williams.
The photometric plan (sheet A 1 02SPR) indicates four (4) freestanding single light
fixtures located throughout the parking lot. The freestanding pole fixtures would be
concrete at a maximum height of 16 feet per the CBD Design Guidelines. Additionally,
surface mounted light fixtures would be added under the covered parking on the south
and west sides of the building, and wall mounted light fixtures would be added at the
143 of289
north and south stairwell doors. Site lighting fixtures would be full cut-off luminaries. In
addition, all site lighting would be recessed and shielded on all sides to direct light down
and away from adjacent properties and rights-of-way to prevent glare and light spillage
onto adjacent properties.
Signage:
To provide a more urban environment, the proposed building would be built to within
nine (9) feet of the right-of-way of S.E. 4th Street. Therefore, the applicant is not
proposing a monument sign for the project. The building elevations (sheet A300SPR)
indicate the only signage proposed for the project is the building name and address on
the north and east building walls.
Public Art:
The proposed public art would be incorporated into the building design to compliment
the modern architecture of the proposed medical office building. The artwork proposed
is a wall water fountain that would be the main focal point on the front of the building
(eastern elevation). The public art feature would be visible to passing motorists on S.E.
4th Street as well as Ocean Avenue. A pedestrian walkway five (5) feet wide along the
entire east property line would include an open space in front of the wall fountain for
pedestrians to enjoy and engage with the ambiance of the fountain. Ultimate review and
approval of the artist and water feature is still pending by the Arts Commission.
RECOMMENDATION
Staff has reviewed this request for New Site Plan and recommends approval of the plans presented,
subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Macia-Marin Medical Bldg\Staff Report.doc
1440f289
c
(.....
SE1SO
B
SE 2ND AVE
E OCEAN AVE
Q
c::(
o
ex:
:::!
c::(
ex:
()
/..LJ
I.L
.~
:c
r-
~
w
(/)
SE 2ND AVE
1 00 50 0
~--
r....
100 200 300 400
'Feet
1450[289
>-
~
:c
.-J
<(
0:
W
o
W
u..
~
I-
i
I
I
I
I! II' ,,,., - --
;~ ~ i !!iii nil I! ~i um !nl~; lWI I' 1/'----- --- - EX. tiIBI-T- "BI'
!_ ,~ I ! 1!~1 ~l .' i;f:i ,lUll II'!! I' li" f ~- /,' ------ '-
~~ i ~ II 111!~ "f ~! lll~' 11 ~,~!f I ;f oil H'i! sqPl ~!ii "II i ~~o -,; I
~ .' ,"",i'''' "li"" l' ,.',,"" i,,' "I' I
HP ;1'1 'Iii..; I.i" I'h\ ,I I ~ II'! ! 1 1 j 'i ! ~i;
,': ~ ,i' i,' h ,,,,,~,,.", Ii.i ..... "." ' , I' ' I
, ," \ i 11 !' i il ;;;; ~t; ! llu: t;il~ 'r.!w, ~ .. l!~!l. ~i~ i!!i ilt!! :!ri I ~ ' . I' ~ I' I'
_.__.___, : I' ,_ II .' 1;;<1 '~':' f:" f~! il ii, !!.! "~!' IOz !I r
~ "'"...,.. " .,' ..'," .
'jt ;. I 1 ; ~1 "1 "f 'I,'. !m I'W . . ~ Ii
~ . " . ." I' I;' 3!
_;1 _ _ _ _ _ _ _ ..', I l' " . i,
___ _J.--,' 1~;! I! .
I - - "-'-'1'
:. FLO- -
,; RIDA--
EASic--
OAST --
RAILRO- -
AD ~
!C2ILRC I
-r
"
"
,
~~/~'
. 'x il.[ '\.
L...J: '\
<l! \
~!(1~1
! \~
I
I . "
~:, /' ei.
I: [
: : At
II~f" '!"'~;'
. l ../
I !
[i ""';.I~.--";~>:;'~"-
I ~~
)/
1__- ~/
[rri! ~'11]:1'~ Ilrl'I---'=--"='F-c..~ . .-
I: g .: I. f9. i "NEW MEDICAL -=---._-===~
! I i (f) UJ';' Ii" I OF riCE BUILDING F ~ '0'" ----c-=----:--
! ,1;8 . I ill' ~, DR MACIA & DR MA ORjj:~ L ~~.:--'-~--~
,L5L .:.llrl'. i RIN Ij!il ~.,,~!.; t'
__-::-" .i!L '"'' ,n; "I!
-=-_L.BOYNTO..NB~STREET !bl!S 1'1, 'i' !UI! iii
~==--.. CH. FL 33435 i " ' , , "ill. ".
---=-_ -.J" ;.,' i 'fq I:
___ ~'_~-___~ .=~,,_"_IDli ',! : '
i
......
'1"'"
~ ~\'~
"S~ ,~~ STREET
IMU.HlMxC-!" -" - - -;A-"
,; "._,.;" //' ,...~
'Ji!!l ," ,I
~~
"-,.
I
,
,,__~--J
I'! " ,en --1'
I J ~i~ H= i
~ ':1 ii..'.. : a. I
> I" .,- .-'
-r i:". l~ I',
i ~ r.fi'^ ~ n !
Ii; f;,'
I=: i
____d
1460f289
r---
l@
I
!
I
I
II
I I
I j
I i
i !
I .
I [
I, I ~~
iJl~
I , &l~
II i
II !
m I !
Iii 0 ,."
RI
I ~;
)>'
I Z I
I ~!
, 5: I
Ill>
~ I ~ I
~ 1-'
o I i I
I I
I >
~-~-~____ EXHtBI!, ,,~' 'I
II
I
!
j
~.~
'f:
l'
i
I
,
i
I
'i
I
I
[
I
I
\ I
I i
I
I
i
I
)
i r--'I-'
i I ! i ~)
\I! z 18'1
I ~! ~
I i ~ I ~ I
II ~ I ~ I
I ~ ~ en \
'I ~ I i
I '
L
Wi ;. i!i\~,mr - I' -ANEWM-;~;CALOFFICEBU'LDINGFo~-1 ~-5--1 '-LW~I '----1~~-~i
:1:'1 ~ 11"\['11 ~, DRMACIA&DRMARIN !'fill' ~~!;~" ,; .I~lm!~
,I. ~ I i i.I~.' ~! 11:!~'1 II'n~1 ~!I!j ,i\ ~II'\ W i~ :\
1.lii ~ I I:,. I! iilL' 115 SE4th STREET IY~, I[~":!'I ; '/~ '.i=.
~_~L~lill _ _ :~T:B~: :~~3~__ .1_, L_-=1:~:_-="' ' ~ J, I
fir
li
ir
i~
I
!
i
-----i,.
,
~ '
-<--I ..' I
,f.......--.---
J.-.!~.,"";'
._-~~
~'I
~;~
~
Ii
-_.,---,_._~._.---
;~ .
II
r
i:
'I
I,
i!
I
II
i!:~ .. ""0
r ! ;"~ I
l_ _ ~-~~,-o-.q.
/
~ c
1470f289
I '
.J
-------i:~~~---- ~ I
:! :~~_?i.?.!~~!!f i I
; .::~~.S:;)~'J':.: . \
l ____'M.. I
r- -:-C~__I I
'i ~'
1 \
'r. --:c..
...:~~t:..
-",,:'::..~-::r--
rl~1
! ill
~_ __.-J
! WjT=~ \1
i--~~~W~~:'~I
~ ~ .:
~ <( I-~I'
ffi :E il:J.r
w 0:: n::-I
~ 0 lni5!
:::: ~ Eltij
o <( "'", I
;;I (3 ~5
~ ~ ~~I
j i ~ gl
If,--- E'Xlenor'-~11
I Elevations \: I
I~~:"~I
I~. -==--~I I
I~~~~oo~~~jlll
~.~~~-=======--.==:===--=--==-~--=~~.~=---==----=---===~=-~-----==-=-.=.=-~-==-~-~- .
liD r ---==-=------=---=----:--==~-===-=--=-.==-==.----
= I
1-1'
i
,%
IX
rill
.---~....~.........
~:::::JIIIIIUiiiiUliiill...../
~\'>"".....- - - -- -t---------;:--.l- ~-- ;~~:;-:.:: ";;::"::.:-::-_.
J ~ .c.:;::I.-~..Q/ .
o #f:>>.1I.\l!- . ~ _ -'- ".l....._._~,.". _-,-... .__i..L. _ .~~ .-.- __
0~~'"'Ii~'~ ..=.,".===...:--
~----~--
4~~::-h o.~.
(.~";'R<."":JFfeI_
......,1' ~
~tt-~Do.ll!:.A..
1....!,p,""~1
~:<'~.s-
,...._~31~IJaa.._.
"2~ "
... ::~~-=-u;,,~=~~'Su I
-!!~_ ~_ ~_'_-~I"..."~_:~:.c:.:J_;I~--~rl-.-D-- '--0--1
- ;' "'-:: ~ JL ,.. =:J -__
- ~ ~- . -~1D I - ~ L::i~C:.~1 -
.. :. ':; VlJ.7: :1.:=J' ;.~ \~_~.,;:,.-=- t. '~~jL
~r-;t"-:J I ,'_.i.J-_iJ.f;::'lj-:;:.l jw I,-!l=l='...:..;. J..3rj:}!~~~l!f~l~~-~~:lfi;::-"\.-L~I~
~__,II-=;;U"----:iTj"''',,"IF. '1' -, -"','<=m""II.CI,~.., - ,!i.;~n;:;:Il~I'm\ I __' _ <=I''''-''''''I'
J,;;.,..,:.;:,.=.u:~"..u.:..~~,-= Ul~cl.L~~l...:.rr~__--, '=.L.C.iJ.b":~,:'iJ,;
~~J!Mtdi_H_
r-.. Oi.n-"PL-&&rl. _
"J 13" IT
rIl.CfI.Dl,9_1!~1.~1
". .
~!!'..~~..
r-----~.. -----------..-------. - -----------.--~
! FINISH MATERIAL LeGEND
r_?:J~~_~~::--." !f=-__-~~~;;i~;,~~-..!_.~ .=--z;~~~~~=-~--
f r R.<JQl<~l~.....!elll.N- +- ~o;;nCt.WUtTF"lASHR :;L2 ro~"tAnfl~~TEA""'-
L.....~. _ '."'''''.'''''''''v~,.=-f.., L "."'"....~~'''''~__ __ "t__=2:~,^",,~._
~ ...... ""j ~"""."''''''''', + l
~--I M:\~'\"kriH'~'--'_1-'" _____~_:~~~~L_ - ~_--1.--. ,..-..--------.----
cc~c.~_ '\lIJMI~u~ . - -. I .
L --=~~~--~_===___=_ : .~.___ ._-----=----___l__....L__~=:=--J
r-.-------------..----.
, ELEVATION NOTES ~
r------.--.--- -
I. D'rE;lil:,)R.WI'oi..LO-"'5.HIHC>S"'NO~lCOh(1Tii.uc.:nOK
"'~'..lC~p..~ ""']'-..1o"",.1i 7f....IOI T.ltlf1l.l1 to.r_:4tQfTUt I
n~BIJl..Ul~,,"-,L
I ~, E.CNlf'~t1.t~V::W'J~1Ht"","",tGrl~I'fIo.."D:J'"
't ~l m: rAl"'I(:J l';;W.TC,llHtllLJll;llNC~OA
....~..__.~-. ~--_.._---._--
0-,
0()
r-.l
'-+-<
o
0()
-;-
.-
E)(fIIBIT "B",
1:1;'lir~
'~il~
li~I!l11
.ip tit
~.! I,
!i'1 'j
.,',.ll"j
i' II'.
II ..Iii' ,II
t! !'I 'It! -J.
,'Ill.' ll~
II nr.ell IlL
i'" i - 'i'l
l_--L--.:J
, . . I 'J r I ,;~. J. ..; .
:'~'f:f!i":' i;; ',;; , "':;':",:;;: : ' : '", :;;;, ',,;:~,: '"'''' . ,
FU"PiDA fA'-! COAS' ,: '. ""~~~-J..i;
- "":Ai"PDAD .""~~
G2/LRC
$
Gr-l .~"
!i" '\ ~,
~A( ~\
: /i, \ '----../ '.
. ; (\.. j
ii;
t'
:()
'lD
:0
I -.. (-
: s:: {
: >< Ii
l t
, I
I"~
t
-{----
~
.~ r~
I~
~
~ iE; I
I ~ !
i g ~
!.~ fi
.., g
~
I.";
U~ I
;.,
MECtCAL. OFACE E'lUll.CtNG ~
O;:"MACIA & D~ MARIN
~8-:~;~36
'"^:~~1f:'":; ~~_I;JJ
1490f289
EXHIBIT "C"
Conditions of Approval
Project name: Macia Marin Medical Building
File number: NWSP 10-003
Reference: 2nd review plans identified as a New Site Plan with a March 2, 2010 Planning and
k'
Zoning Department date stamp mar Ing
DEPARTMENTS INCLUDE REJECT
ENGINEERING
Comments:
1. Revise plans at permitting to provide a 7 foot utility easement along X
the frontage of the property (S.E. 4th Street) that includes the existing
6-inch water main, drainage, and 5 foot wide sidewalk.
2. Sheets A 1 OOSPR and C-2 indicate existing drainage structure to be X
modified by the City of Boynton Beach. Remove note from
aforementioned sheets and indicate modification to existing drainage
to be completed with the proposed project.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
3. Please note that changes or revisions to these plans may generate X
additional comments. Acceptance of these plans during the TART
(Technical Application Review Team) process does not ensure that
additional comments may not be generated by the Commission and
at permit review.
4. At time of permit review, submit signed and sealed working drawings X
of the proposed construction.
5. CBBCPP 3.C.3.4 requires the conservation of potable water. City X
water may not, therefore, be used for landscape irrigation where other
sources are readily available.
6. A water-use permit from SFWMD is required for an irrigation system X
that utilizes water from a well or body of water as its source. A copy
of the permit shall be submitted at the time of permit application, F.S.
373.216.
1500f289
DEPARTMENTS INCLUDE REJECT
7. If capital facility fees (water and sewer) are paid in advance to the X
City of Boynton Beach Utilities Department, the following information
shall be provided at the time of building permit application:
a) The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
b) The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Section 26-34)
8. At time of permit review, submit separate surveys of each lot, parcel, X
or tract.
9. Pursuant to approval by the City Commission and all other outside X
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The
plans must incorporate all the conditions of approval as listed in the
development order and approved by the City Commission.
10. At facilities providing medical care and other services for persons with X
mobility impairments, parking spaces complying with 2004 FBC,
Section 11-4.6 shall be provided in accordance with Section 11-
4.1.2(5)(a) except as follows:
a) Outpatient units and facilities: 10% of the total number of parking
spaces provided serving each such outpatient unit or facility.
b) Units and facilities that specialize in treatment or services for
persons with mobility impairments: 20% of the total number of
parking spaces provided serving each such unit or facility - at a
minimum, 3 handicap spaces are required.
11. This project is located within the Downtown Stormwater Improvement X
Watershed. Therefore, appropriate fees must be paid to the City of
Boynton Beach Utilities Department prior to the issuance of a building
permit per the CBBCO, Chapter 26-406. Proof of payment shall be
submitted to the Building Division at the time of permit application
submittal.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVI RONMENT ALlST
Comments:
Existina Trees Manaaement Plan (see Sheets LP-1. LP-2) X
12. Revise plans at time of permitting to include the following: tabulation
of the total diameter inches of existing trees on the site that are
proposed to be removed and replaced (diameter inches on the site);
all replacement trees shown as a separate symbol; and indicate the
existing 30" diameter Almond tree to be preserved or relocated from
the current location. [Environmental Regulations, Chapter 7.5, Article
I, Section 7.D.o.2.1
1510f289
DEPARTMENTS INCLUDE REJECT
Plant Key X
13. Revise plans at time of permitting to include the following:
a) All shade and palm trees must be listed in the plant schedule as a
minimum of 12'-14' height, 3" OBH (4.5' off the ground). The
height of the trees may be larger than 12'-14' to meet the 3"
diameter requirement. (Environmental Regulations, Chapter 7.5,
Article II, Section 5.C.2.)
b) The landscape sheet Shade tree planting detail must include a
line indicating where the diameter and height of all of the trees
will be measured at time of planting and inspection.
c) The landscape sheet Palm tree planting detail must include a line
indicating where the height of all of the palm trees will be
measured at time of planting and inspection.
PLANNING AND ZONING
Comments:
14. Site plan approval shall be contingent upon approval of the X
corresponding application for abandonment of a portion of S.E. 1 sl
Avenue (ABAN 10-001).
15. 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.
16. In compliance with the 50% parking reduction allowed in the CBO X
district and opted as shown on the site plan, the applicant shall
maintain all regular parking spaces on site as unreserved,
unrestricted, and available for public use.
17. Revise plans at time of permitting to provide a continuous 5 foot wide X
walkway along the east property line. The walkway shall be of paver
bricks and match the existing type, color, and pattern of paver
walkways in the area.
18. Revise plans at time of permitting to include decorative horizontal X
awnings on the north and east building elevations for additional visual
interest and shadowing on the building. The aluminum awnings shall
be the suspended type that match the modern architecture of the
building, and shall be consistent with the color and materials of the
railing proposed at the top of the second floor of the building.
19. All small sod areas on site shall be replaced with additional X
groundcover species as accent, to maximize sustainability through
water conservation and reduced maintenance.
1520[289
DEPARTMENTS INCLUDE REJECT
20. All freestanding site lighting shall be a maximum height of 16 feet. All X
site lighting shall be recessed and shielded down and away from
adjacent properties and rights-of-way to prevent glare and light
spillage onto adjacent properties.
ADDITIONAL PLANNING & DEVELOPMENT BOARD
CONDITIONS
Comments:
21. Condition of approval #2 is amended as follows: City of Boynton X
Beach will bear the cost for the modification of existing P-6 inlet to a
valley gutter type inlet at the northern most driveway as shown on
the proposed site plan on SE 4th Street. The City of Boynton Beach's
obligation to modify the existing drainage structure will expire
eighteen (18) months after approval of site plan by the City
Commission.
22. Condition of approval #18 is amended as follows: Revise plans at X
time of permitting to include ~ decorative horizontal awnings on
the north and east building elevations for additional visual interest
md
shadowing on the building. The aluminum awnings shall be the
suspended type that match the modern architecture of the building,
and shall be consistent with the color and materials of the railing
proposed at the top of the second floor of the building.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Macia-Marin Medical Bldg\NWSP 10-003\COA.doc
1530f289
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Macia Marin Medical Building
APPLICANT'S AGENT: Julie Schiff AlA, Studio SchiffLLC
APPLICANT'S ADDRESS:
1901 Harrison Street Hollywood, FL 33020
DATE OF HEARING RA TIFICA nON BEFORE CITY COMMISSION: April 20, 2010
TYPE OF RELIEF SOUGHT: 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.
th
LOCA nON OF PROPERTY: 115 SE 4 Street Boynton Beach, FL
DRA WING(S): SEE EXHIBIT "B" A TT ACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit "C" with
notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
1540f289
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 1 st 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. Myott seconded the motion that unanimously passed.
A.2. Macia-Marin Medical BuildinR. (NWSP 10-003), New Site Plan, located at 115
SE 4'" 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
1560f289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
added above some of the windows on the east and north elevations. Site lighting was
limited to 16-feet with cut-off luminaries. The only signage proposed was the building
name and address located on the north and east building walls. Public art would be
located on the eastern elevation of the building. A pedestrian walkway would be on the
eastern side. The landscape plan reflected the landscape materials were drought tolerant.
Irrigation would be served via a cistern and reclaimed water line. The project included
many sustainable features including solar panels. The site was in an urban area.
Staff recommended approval subject to 19 conditions of approval. Ms. Zeitler noted
Condition 12 was resolved and could be deleted. Condition 2 was revised by engineering
to read "the City of Boynton Beach will bear the cost for the modification of the existing P-6
inlet to a valley gutter type inlet at the northern most driveway as shown on the proposed
plan on SE 4th Street. The City of Boynton Beach's obligation to modify the existing
drainage structure will expire 12 months after approval of the site plan by the City
Commission." Ms. Zeitler noted the reviewed condition was further amended to reflect the
expiration was 18 months to coincide with the site plan. Condition 3 would be mitigated.
Julie Schiff, 1901 Harrison Street, Hollywood, the architect and planner for the project
explained the property line extended further than the fence and the fence would be
removed. She commented Drs. Macia and Marin were long-time residents and both live
and work within the City.
Ms. Schiff reviewed a visual showing the building from different directions and pointed out
they had comments on two of the conditions of approval. The applicants were looking into
solar photo-voltaic cells to pick up additional solar energy. The roof was a usable roof
terrace accessible through the third-floor private library. The first floor of the building was
tenant space and the second floor was the Macia-Marin medical office.
Alan Hendricks reviewed the landscape plans and explained they were attempting to be
LEED certified. The landscaping would be drought resistant, having native plantings and
no sod, similar to the Library. The back of the building would be a park-like setting and
would include an aboveground cistern. As to the art features, they had space for
pedestrians to pause and admire the art feature.
Ms. Schiff requested Condition18 be changed as follows: n. . . to revise plans at time of
permitting to include some decorative horizontal awnings on the north and east building
elevations as shown in these rendered drawings subject to Planning and Zoning, staff
approval and the Board's approval". Staff had no objection to the revision. The applicant
was in agreement to the type of awnings and explained it would be a combination of the
same awning type as was shown but they would not be on every window. The way the
building was depicted in the visual was the actual locations of the awnings.
There was discussion if the construction was coordinated with the planned 4th Street
improvements. Ms. Zeitler responded the improvements were taken into account, and they
8
1570f289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
could use the parking lot to the north. It was noted they have a cross-access parking
agreement and a proposed driveway was located on the northwest side of the property.
The applicant had issues with Condition #17. They were placing a sidewalk on private
property for public use and agreed to provide a five-foot wide sidewalk. The sidewalk to
the south of the property was four-feet wide. The cost of pavers versus concrete was an
unnecessary additional cost, and they requested that the condition be removed and it be a
concrete sidewalk. This would be consistent with other sidewalks on 4th Street and with
the median just placed by the City.
Ms. Zeitler explained typically, a sidewalk on a private property would be pave red and the
cement would be located in the right-of-way. In this case there was no sidewalk in the
right-of-way, only the walkway that was on private property. It was only the parking lot
away from Ocean Avenue and the idea was to have a pavered walkway going down to 4th
Street as well. There was much discussion about the paved walkway. The Community
Redevelopment Agency was assisting with the cost of $15K but it would not cover the cost
of the pavers, the awnings and the public art. It was a big expense that the owners of the
building had to bear for the public's enjoyment; however, it was noted it was a requirement
in the Urban Design Guidelines of the CBD. Consequently, the applicant withdrew the
objection to the condition. The project was located in the general CBD district.
Chair Jaskiewicz opened the floor for public comment.
Harvey Oyer, Jr. owner of properties on the north side of Ocean Avenue, explained he
had gone to the doctor there for many years. He agreed the plan was beautiful and it
would be a fine addition to the community.
He explained there was a great deal of history associated with the building and he
suggested it could serve the community if it was relocated in the area close to Seacrest
and MLK Boulevard. Historically, Mr. Oyer's father and Ray Wilcox bought the building
where Hurricane Alley was located in 1936. Dr. Weems had the entire upstairs. He
constructed the building that was under discussion. The lumber was from the Royal
Poinciana which was the largest wooden hotel in the world until it was demolished and the
Breakers was constructed. Dr. Weems bought the lumber and constructed the subject
building. In those days the lumber was basically Dade County Pine. Mr. Oyer had a
cottage his father built with lumber from the '28 hurricane that demolished structures. He
explained nails were unable to penetrate the wood and an electric drill was needed. The
building to the side was a birthing place. Individuals did not go to the hospital and many
local residents who were people of color were born there. Dr. Weems estimated he
delivered over 3,000 babies. The building was an important part of the local history.
Mr. Oyer noted there was a cost to remove the building, and thought it would be a
wonderful opportunity to try to relocate the building and work with the County Health
Department to alleviate some of the pressure on the emergency room in Bethesda
9
1580f289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
Hospital to where people could get basic treatment there. The cost could be absorbed by
the County Health Department or the hospital and the City could cooperate that when they
moved the building, they not pay time and one half for the police officers. He noted the City
has a lot of land in the area as does the Community Redevelopment Agency.
Chair Jaskiewicz agreed but pointed out the Community Redevelopment Agency was trying
to assemble land. She suggested there might be some areas that could accommodate the
building and noted there are historical districts. Sometimes there is an irregular lot that
could not be used for any other building that might be able to accommodate the structure.
She thought staff could look into it.
Mr. Oyer commented the City does not have a Historic Preservation Ordinance. He lives
three blocks north and he attends the Heart of Boynton meetings. The City has been
kicking around development for 10 or 15 years and all they did was assemble the land.
There needed to be a different approach to how they build things within the City.
Chair Jaskiewicz explained Mr. Oyer's comments would be forwarded to the City
Commission for their consideration.
Chair Jaskiewicz closed the floor to publiC comments. She also welcomed the project and
wished the applicant well.
Chair Jaskiewicz recapped the issues were the modification of item two as was noted and
the elimination of Condition 12. All other conditions of approval were in effect. Condition
18 regarding the awnings was modified to include the word "some" as was previously
discussed.
There was an inquiry why it was necessary to have two vehicular access points on SE 4th
Street. It was noted there was another access point on the north side of the site. Ms.
Schiff responded at the moment the City agreed to allowed them to have cross access into
the northern parking lot, but they did not know the future use. It was currently used as a
parking lot. Ms. Zeitler confirmed it was a 20-foot alley that was paved over, that was the
public parking lot at the SW corner of Ocean and SE 4th Street.
Motion
Vice Chair Saberson moved staff recommendation on item 8.A.2. for Macia Marin subject
to all recommended conditions of approval with the following revisions: that Condition #2
as read by staff into the record shall replace the existing condition 2 shown in Exhibit C,
and Condition 12 would be deleted, and Condition 18 we would insert the word "some" in
front of "decorative" in the first line of Condition 18. Mr. Barnes seconded the motion that
unanimously passed.
There was brief comment that relocating the building would be a worthy undertaking.
10
1590f289
9. C
PUBLIC HEARING
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS ~ PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
n ANNOUNCEMENTS/PRESENTATIONS D FUTURE AGENDA ITEMS
NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS
AGENDA ITEM 0
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 abandonment of a portion of SE 1 Avenue
between SE 4th Street and the FEC Railroad. PROPOSED ORDINANCE 10-007 SECOND
READING.
EXPLANATION OF REQUEST: The City Commission approved this item under First Reading on
April 6, 2010, accepting staff recommendation to abandon a portion of SE 1 st Avenue between
SE 4th Street and the FEC Railroad in conjunction with the approval of the Macia Marin
Medical Building site plan.
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
1600f289
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.
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.
161 of289
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING
ABANDONMENT OF 40-FOOT PORTION OF THE RlGHT-
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 (f/kJa 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 (f/kJa 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 (f/kJa 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/kJa 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 (f/kJa 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/kJa 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.
1620f289
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
,2010.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
1640f289
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. 1 st 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. 1st Avenue (formerly known as Jessamine Street) lying south ot Lots 11 and 12, Block 8, and lying
North of Lots 1, 2, and 3, Block 11, Town ot Boynton Subdivision, as recorded in Plat Book 1, Page 23,
Palm Beach County, Florida (see Exhibits "B - B2"). The subject right-ot-way is represented by a 40
foot wide strip of land that, if abandoned, would be distributed equal/y to the adjacent property owners:
north 20 feet to Macia/Marin Family Limited Partnership and south 20 feet to Southern Bel/ Telephone
and Telegraph Company (now known as Bel/south 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 -
(Bel/south) 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
1650f289
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. 1" 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 ofthe 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.
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
1660f289
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
When a right-of-way, such as this unimproved right-of-way. is abandoned the abandoned land is transferred in equal portions from the general public to the
abutting property owner(s) per State law (9 336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-
way is conveyed to one (I) 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 ofthe 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
Bell South
No objection
Florida Public Utilities Company
Cable Company (Comcast)
No objection with 20
foot wide utility easement on south one-half
No objection
No objection
Lastly, the Community Redevelopment Agency has no objection to the applicant's request because the
right-ot-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 allow 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 WorkslUtilities 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 Bellsouth to allow the applicant's continued
use of the property for their parking lot.
RECOMMENDATION
Staff recommends that the request to abandon the subject portion of right-of-way as described above 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:IPlanningISHAREDIWPlPROJECTSlMacia-Marin Medical Bldgl A BAN lo-OOllStalT Report.doc
1670f289
r
EXHIBIT "A" - SITE LOCATION MAP
MACIA/MARIN MEDICAL ABAN 10-001/NWSP 10-003
r
SE1SO
B
SE 2ND AVE
E OCEAN AVE
a
c::(
o
0:
:::!
c::(
0:
()
LLJ
l..L.
.~
I
r-
"'d'"
ill
C/)
SE 2ND AVE
100 50 0
~--
r
,
100 200 300 400
'Feet
1680f289
>-
~
I
-l
<(
a:
ill
o
ill
LL
~
20' ALLEY
/ 84.2'
':0'
~-_.--....L...-_._Q5L-_____ TOWN OF BOYN TON
P.B.25 PG.121
~ I
- LOT : i
o '
2 !
J
I
I
(j,J
I
I
I
I
I
i
f
1-.
U)
--:r
o
u
60.5' 50'
I
I 4k)'
i---..j.._,
i '
\
I
,.....:
V;
T
!I=
0'
I ""'"~_
LtJ
V1 I LOT 8
(';w BLOCK 7
EXHIBIT "B"
50'
I
! I
I '
i SCALE: 1"::;:$0'
50'
50'
LOT 7 LOT 6
TOWN 0 BOYN T.
P.B.25 PG.121
B~OCK 12
20' ALi...EY
50' 50'
LOT 8 LOT 9
BLOCK 12
CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
~~TE2010 EXHIBIT "B" PG. NO.
1--
(/)
<::(
L1.J
<:[
,--..
~
Cr-
eS
_J
~-.
I
I
50'
LOT 12
BLOCK B
f
I
I
!
LOT 3
LOT 11
LOT 12
BLOCK 11
1690f289
-
...
p
...
-
m
-
:z:
)(
1&1
1\
I \
V
-N---
I
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
40
1
o
1_
20
GRAPHIC SCALE
PLAT BOOK 1, PAGE 23
I
L--70,---J
I
Ir--
I ltJ r--.
I l.J.J >--
I g: ~
U)i:)
_ __.__ _. _ ~ __ _ I :r f-
~-l : ~
j . ~
U)~
~I
I
I
C)
d
Q::
~
~
):'0:
ii21--..
'"- Ci)
od
~(j
QI--..
Q' v)
gLj
'"-- :sc
CJ
Q?
()
c:
132.34'
t
(:,
N
- --. ---<t --~. E. _i SJ__A Vf- f':J U [ _ _ --1____
(PLAI fLD AS JLSSAMINE ST.) ~
I
I
Cl
r--.j
I
,'l-~
Q"C)
0,'
~-)~
S-".
/0:__
0\
00
("'.l
4-<
o
o
r---
.......
OJ
f'r)
ci-----
'<:f'
r~
.~
o()'l-
<by
6'6'0
':9.
0'&_.
138.75'
PLAT BOOK 1, PAGE 2.3
~p AR[D BY:
Bob Buggee, Inc.
the "SURVEYOR"
P.O. BOX 3887
BOYNTON &ACH, tU)I.)IDA, 33426
SURVEY &: MAPPING B'JSINESS ,694?
t>>61-fj2-(Hr(
SHEET 2 OF 2
IJWG # 1206509SK ;.> or ;.>
EXHIBIT "82"
SOUTHEAST FIRST A VENUE
STREET ABANDONMENT LEG.-\.L DESCRIPTION
The 40-foot roadway, lmown as S.E. 1'[ Avenue (flea Jessamine Street), from the East
right-of-way iine of the 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 BOYN'TON, 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.
CITY OF BOYNTON BEACH PUBUC WORKS DEPARTMENT / ENGINEERING DIVISION
. I ' " I PO. NO.
MAft.TE20101 EXHIBIT ' A
1710f289
_.u.._ ____.._..______._.__~__._._ E~~J~~!. "Cn
r:===.=-=-=---=--
lil'l
I!
r
!i
II ~! i
I-
I
-.-----.---- "-,
~~'--r--'! OJ! ' I-.--;~!-~~~!- ---.-, r;~~~-!~-:~---!~~,-;~,~~!.l r---.--~:ri I
il m Ii. lilll 111111 1111!11 diil! liB! 'I h ~I f I dl i JI q p '! I 'I i I
Ii ~ i! i I if!; UI'P' 'Ii'!! ll! i! i I I ! ; rl i~!
i: I ~ II' ;;;; ~l!~ i: lIil.5 i..ln ~ III ;01' :~. i -j! ijlf. 'II";!! I!il ~ II '. ! ~ .1
~~ ;: I ~rfl~"~ ~ ..,.lI:.....'4I" ~';r~ n ;!'... fj .'tl I!Ir i~ t~f il~~ 0 i i g 1
~111 '~II ~~.; il i '. ,,~ lii.l! ! ! ~!I ,!~ I~~ Il~ m ! i .' i: :
. ! till:;;:.; !~! -! ,,,"'{ ii!, i. . i i:'! I ' 'II! f.r : I
I,,! I . Ii !; "it 'i! i' ; I I , ! I
-------L..J!__...____.__.,__~___..LJ L___...____..__.__..._~ L_..._ ~,,-_-l..J
-r---
I ----...--__
[ ----
/ I'LO;'; - - - _
i EAsT COAST;; - _ _ "'"""'---
rLROAo -___
'r-
i
/!
I
L__ C2ILRC__..t
/:
I
,
'r\
L -=0
/ ~., I~! il i Ii
j .,Er l' f! i
.. -- .-.....' ---.-... - - ---.---...-
/" lMU-HlMXC I
0; i ./1' L..__..
bi .,'V
:/
)
1{
Ii
! !
A:::A::;=~~OR 1f1r
115SE4lt1STREET J I~a
BOYNTON BEACH, Fl334J.5 L :
C/I
E'
Q.
1S'
C/l
o
:l"
=
1720f289
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:
l. 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/ENVI RONMENT ALlST
Comments: None X
1730f289
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
1740f289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
Motion
Mr. Myott moved to approve the request for approval tor 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 4tn Street. Request approval for abandonment at a portion at 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-at-way tor this portion of SE 1st 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-at-way tram 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 at the right-at-way. The site plan showed the site would be
radeveloped 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, halt 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 trom 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-
wa~( served no public purpose and utilities on the property would remain within a dedicated
20-foot wide utility easement.
6
1750f289
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. It 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 1 st 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. Myott 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 CBO 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
repJaced with the new building. CBO 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
1760f289
9. 0
PUBLIC HEARING
April 20, 2010
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS i:8J PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
0 ANNOU NCEMENTS/PRESENT A TlONS 0 FUTURE AGENDA ITEMS
NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS
AGENDA ITEM i:8J
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 a code amendment (CDRV 10-001) to add
"Amusement Arcades" to the C-2 (Neighborhood Commercial) Zoning District as conditional uses, to
include size and locational restrictions, and the amendment of an existing definition. Applicant: City-
initated. PROPOSED ORDINANCE 10-008 - FIRST READING.
EXPLANATION OF REQUEST: On March 2, 2010 staff presented the subject amendment to the
City Commission for preliminary review. The Commission unanimously voted to forward the
item to the Planning and Development Board for their recommendation before it returns to the
Commission in ordinance form. The Planning and Development Board reviewed the proposed
amendment on March 23, 2010 and forwards it with a recommendation for approval.
Amusement Arcades are currently an allowable use in the C-3 (Community Commercial), C-4
(General Commercial) and PCD (Planned Commercial Development) zoning districts, under
the group heading of "Indoor Recreational Facilities".
The consideration for this amendment has been prompted by the inquiry of a potential tenant
who is interested in operating an Amusement Arcade on property zoned C-2, Neighborhood
Commercial, and was therefore considering filing an application to rezone the property to C-3,
Community Commercial. Alternatively, staff proposes the text amendment which would allow
the property to be maintained in the more appropriate C-2 Zoning District.
Staff has reviewed the impacts associated with this use, and recommends such businesses be
allowed as Conditional Uses in the C-2, Neighborhood Commercial Zoning District. Staff also
recommends the following standards and provisions: the use be limited to 5,000 square feet of
gross floor area (the current size threshold applied to many other retail uses in the C-2
177 of289
regulations); they be allowed only in multi-tenant centers on parcels abutting arterial roadways;
and the use group "Indoor Recreational Facilities" only include amusement arcade uses. This
use category, as currently allowed in the C-3 Zoning District, consists of several additional
uses such as bowling alleys, skating rinks, and shooting ranges. Such uses are excluded from
the subject amendment for the C-2 Zoning District as they are more intense uses that typically
serve a greater area than just the local neighborhoods.
It should be noted that subsequent to both preliminary review by the Commission and the
Board's hearing, staff has modified the proposed code amendments based on further review of
Florida Statutes and discussions with the City Attorney's office. The subsequent changes are
as follows: to rename the use from "Adult Arcade" as it is commonly known in the region, to
"amusement arcade"; to insert a reference and requirement for compliance with Florida
Statutes Ch. 849, and to amend the current definition for amusement arcade to include the
same reference to provisions within Florida Law. The reasons for the name change are
intended to increase compatibility with state law (Chapter 849 uses the term "Arcade
Amusement Centers"), and to use terminology consistent with current city regulations. Also, by
avoiding using the word "Adult" in the title we eliminate a negative connotation and
disassociate it from adult entertainment uses.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Deny the code review and limit such uses to the C-3 Zoning District.
1780f289
ORDINANCE NO. 10-008
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS,
CHAPTER 1, ARTICLE II, "DEFINITIONS" TO INCORPORATE
SECTION 849.161, FLORIDA STATUTES; AMENDING CHAPTER
2, SECTION 6.B.l "C-2 NEIGHBORHOOD COMMERCIAL
DISTRICT", BY ADDING A SUB-SECTION (VV) TO ALLOW
FOR INDOOR RECREATIONAL FACILITIES; AMENDING
CHAPTER 2, SECTION 6.C.1.M. (1) "C-3 COMMUNITY
COMMERCIAL DISTRICT", BY ADDING "AMUSEMENT
ARCADE" TO THE LIST OF PERMITTED USES IN ORDER TO
PROVIDE CLARIFICATION; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS. this amendment has been prompted by the inquiry of a potential tenant who is
interested in operating an Amusement Arcade on property zoned C-2. Neighborhood Commercial; and
WHEREAS, City staff has reviewed the impacts associated with this use and has proposed the
text amendment which would allow the property to be maintained in the more appropriate C-2 Zoning
District rather than rezone the property to C-3; and
WHEREAS, the City Commission has considered staff s recommendations and reports. and
determines and finds that it would be appropriate to amend the Land Development Regulation to reflect
this addition; and
WHEREAS, the City Commission finds that the adoption of this ordinance 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. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
Chapter 1, General Provisions. Article II, Definitions of the Land Development
Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
1790f289
AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming,
pinball, or similar player-operated amusement machines, in any combination. This definition
specifically incorporates those machines described in Section 849.161, Florida Statutes.
. ..
Section3.
Chapter 2, Section 6.B.1 of the Land Development Regulations of the City of
Boynton Beach Code of Ordinances is hereby amended as follows:
VV. Indoor Recreational Facilities*. limited to: Amusement Arcades. Each business shall not
exceed a maximum of 5. 000 SQuare feet of pyoss floor area and shall be onlv permitted in a
shoppinf! plaza located on an arterial roadwav. All Amusement Arcades shall complv with all
reQuirements of Chapter 849. Florida Statutes.
* Indicates that Conditional Use approval is required.
Section 4.
Chapter 2, Section 6.C.1.m.(1) of the Land Development Regulations of the City
of Boynton Beach Code of Ordinances is hereby amended as follows:
C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district
regulations are to encourage the development of appropriate intensive retail
commercial facilities providing a wide range of goods and services, located
centrally and accommodating three (3) or four (4) neighborhoods and
located adjacent to at least one major thoroughfare.
*
*
*
(1) Indoor recreational facilities, including nightclubs,* bowling alleys,
billiard halls, health clubs/gymnasiums, shooting ranges (indoor only),
skating rinks, and amusement arcades. Bars/lounges and musical
entertainment and athletic competitions* shall also be accessory to the
principal uses described in this section. Indoor recreational facilities other
than those which are listed above conditional uses(*). All Amusement
Arcades shall comply with requirements of Chapter 849, Florida Statutes.
Section 5.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
Section 6.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
1800f289
Section 7.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 8.
Authority is hereby given to codify this Ordinance
Section 9.
This ordinance shall become effective immediately.
FIRST READING this _ day of
,2010.
SECOND. FINAL READING AND PASSAGE this _ day of
.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)
1810f289
Slatutt::s & Constitution :Yicw Statutes :->2009->Ch0849->Scclion 161 : Online Sunshine Page 1 01'2
SeLect Year: 12009 ~GOI
The 2009 Florida Statutes
ritl~J~:LY.l Chapter 849
CRIMES GAMBLING
y"i~Y.LEr.tt.i!..e_Chapter
849.161 Amusement games or machines; when chapter inapplicable.--
(1 )(a)1. Nothing contained in this chC31pter shall be taken or construed as applicable to an arcade
amusement center having amusement games or machines which operate by means of the insertion of a
coin and which by application of skill may entitle the person playing or operating the game or machine
to receive points or coupons which may be exchanged for merchandise onLy, exduding cash and
alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such
points or coupons does not exceed 75 cents on any game played.
12. Nothing contained in this chapter shC31Ll be taken or construed as applicable to any retail dealer who
operates as a truck stop, as defined in 2chapter 336 and which operates a minimum of 6 functional
diesel fuel pumps, having amusement games or machines which operate by means of the insertion of a
coin or other currency and which by application of skill may entitle the person playIng or operating the
game or machine to receive points or coupons which may be exchanged for merchandise limited to
noncash prizes, toys, novelties, and Rorida Lottery products, excluding alcoholic beverages, provided
the cost value of the merchandise or prize awarded in exchange for such points or coupons does not
exceed 75 cents on any game played. This subparagraph applies only to games and machines which are
operated for the entertainment of the general public and tourists as bona fide amusement games or
machines. This subsection shall not appLy, however, to any game or device defined as a gambling device
in 3Z4 U.S,C. s. 1171, which requires identification of each device by permanently affixing seriatim
numbering and name, trade name, and date of manufacture under s. 1173, and registratIon with the
United States Attorney General, unless excluded from applicability of the chapter under s. 1178. This
subsection shall not be construed to authorize video poker games or any other game or machine that
may be construed as a gambling device under Florida law.
'(b) Nothing in this subsection shall be taken or construed as appLicable to a coin-operated game or
device designed and manufactured only for bona fide amusement purposes which game or device may by
application of skill entitle the player to replay the game or device at no additionaL cost, if the game or
devIce: can accumulate and react to no more than 15 free replays; can be discharged of accumulated
free repLays only by reactivating the game or device for one additional pLay for such accumulated free
replay; can make no permanent record, directLy or 1ndirectly, of free replays; and Is not classified by
the United States as a gambling devIce in 324 U. S.C. s. 1171, which requires identification of each
device by permanently affixin!il seriatim numbering and name, trade name, and date of manufacture
under s. 1173. and registration with the United States Attorney General, unless excluded from
appLicability of the chapter under s. 1178. This subsection shall not be construed to authori%e video
http://www.leg.state.fl.us/Statutcs/index.cfm? App _ mode=Display _Statute&Search _String... 4/14/2010
182of289
Statutes & Constitution :Yicw Statutes :->2009.>Ch0849->Scction 161 : Online Sunshinc Page 2 01'2
poker games, or any other game or machine that may be construed as a gambling device under Florida
law.
(2) The term "arcade amusement center" as used in this section means a place of business having at
least 50 coin-operated amusement games or machines on premises which are operated for the
entertainment of the general public and tourists as a bona fide amusement facility.
History. us. 3, ch. 84-247: s. 159, ch. 96-320; ss. 69, 79, ch. 96-323.
1Note.--As amended by s. 159, ch. 96-320, and s. 79, eh. 96-323. For a description of multiple provisions
in the same session affecting a statutory provision, see preface to the FlorIda Scatutes, "Statutory
Construction." Subp,uagraph (1 )(a)2. and paragraph (1)(b) were also amended by s. 69, ch. 96-323, and
that version reads:
2. Nothing contained in this chapter shall be taken or construed as applicable to any retail dealer who
operates as a truck stop, as defined in 2chapter 336, having amusement games or machines which
operate by means of the insertion of a coin or other currency and which by application of skill may
entitle the person playing or operating the game or machine to receive points or coupons which may be
exchanged for merchandise limited to noncash prizes, toys, novelties, and Florida Lottery products,
excluding alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange
for such points or coupons does not exceed 75 cents on any game played. This subparagraph applies only
to games and machines which are operated for the entertainment of the general public and tourists as
bona fide amusement games or machines. This subsection shall not apply, however, to any game or
device classified by the United States as requiring a federal gaming stamp under applicable provisions of
the Internal Revenue Code.
(b) Nothing in this subsection shall be taken or construed as applicable to a coin-operated game or
device designed and manufactured only for bona fide amusement purposes which game or device may by
application of skill entitle the player to replay the game or device at no additional cost, if the game or
device: can accumulate and react to no more than 15 free replays; can be discharged of accumulated
free replays only by reactivating the game or device for one additional play for such accumulated free
replay; can make no permanent record, directly or indirectly, of free replays; and is not classified by
the United States as requiring a federal gambling tax stamp under applicable provisions of the Internal
Revenue Code.
2Note...Material referencing truck stops in ch. 336 was in s. 3.3A..021(1 )(c)3.; it was deleted by s. 15, ch.
97-54.
3Note...Title 24 of the United States Code relates to hospitals and asylums; chapter 24 of Title 15 of the
United States Code relates to transportation of gambling devices.
Copyright Q1995-2010 The Florida Legislature . jY.iy-a!=y_~tat~_[lent . Contact ,Us
http://www.1eg.statc.fl.us/Statutes/index.cfm.! App _modc=Display _Statute&Search _String... 4/1412010
183of289
DEP ARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 10-010
TO:
Mayor and City Commission
FROM:
Ed Breese
Principal Planner
THROUGH:
Michael Rumpf
Planning and Zoning Director
DATE:
April 13, 2010
RE:
Amusement Arcade use in C-2 (CDRV 10-001)
Interim amendments to Land Development Regulations
NATURE OF REQUEST
Staff is considering interim amendments to the Land Development Regulations (LDR) involving the
zoning districts in which Amusement Arcades are allowed. The consideration for this amendment has
been prompted by the inquiry of a potential tenant who is interested in operating an Amusement Arcade
under the guidelines of Florida State Statutes Chapter 849, on property zoned C-2, Neighborhood
Commercial.
Amusement Arcades are currently an allowable use in the C-3 (Community Commercial), C-4 (General
Commercial) and PCD (Planned Commercial Development) zoning districts, under the group heading of
"Indoor Recreational Facilities".
BACKGROUND
Amusement Arcades are a long established use in most municipal zoning codes, typified by video games
and pinball machines. A new wave of Amusement Arcades involves the playing of a game or machine to
receive points or coupons, which may be redeemed for non-cash prizes, such as gift cards to restaurants
or retail stores. These new style of Amusement Arcades are regulated under the guidelines of Florida
State Statutes Chapter 849, in order to differentiate such uses from gambling operations (also regulated
by state law). Staff began seeing requests for this type of business within the last two (2) years, and was
terming them "Adult Arcades". Staff began this proposed amendment to the code utilizing the term
"Adult Arcades", in an effort to differentiate this new use from the long established use. After further
review of Florida Statutes and discussions with the City Attorney's office, the language was modified to
the generic "Amusement Arcade", and to include reference to State Statute for differentiation purposes.
There are currently two (2) Amusement Arcade businesses subject to Florida State Statutes Chapter 849
operating within the City. One is located in the Catalina Center on Congress Avenue and the other is
located at Boynton Billiards, at 1950 South Federal Highway. There was previously another such
business located on South Federal Highway that has discontinued operating. One more is proposed at the
Boynton Beach Mall.
Planning staff has not received any complaints regarding the operation of these new type of businesses
1840f289
or any external impacts on other businesses or residential properties. Staff has checked Police records to
find that these uses have not had above average calls for service. Also, from this preliminary review,
staff concludes that these businesses tend to operate like any other retail establishment relative to hours,
parking demand, and noise. As previously noted, Amusement Arcades are currently an allowable use in
the C-3 (Community Commercial), C-4 (General Commercial) and PCD (Planned Commercial
Development) zoning districts, under the heading of "Indoor Recreational Facilities". The most recent
request is for one to locate in a shopping center zoned C-2, Neighborhood Commercial, in which the use
is not currently allowed.
One consideration is to rezone the property to C-3 (Community Commercial). However, staff views that
option as a potential "spot zoning", where the zoning on the property would be out of context with the
surrounding uses and existing zoning. Rezoning to C-3 would also allow a greater number of more
intense commercial uses, deemed inconsistent for the area.
Staff believes the more appropriate course of action would be to allow this particular use as a
Conditional Use in the C-2, Neighborhood Commercial zoning district, in order that any external
impacts can be evaluated on an individual basis, and that additional conditions may be placed on the
approval, as necessary to ensure land use compatibility. Staff also suggests the use be limited to a
maximum of 5,000 square feet, and that it only be allowed on parcels abutting arterial roadways and in
multi-tenant centers, similar to the locations where the use is allowed in the code today, in the more
intense commercial zoning districts. These restrictions should provide greater compatibility with
surrounding uses.
On March 2, 2010, staff presented the proposed amendment to the City Commission for preliminary
consideration and direction. The City Commission, with a 4-0 vote, directed staff to continue work on
the draft amendment and forward it to the Planning & Development Board for their recommendation.
The Planning & Zoning Board, at their March 23, 2010 meeting recommended the City Commission
approve the amendment to the Land development Regulations.
PROPOSED AMENDMENTS
Existing regulations:
As noted above, Amusement Arcades are currently allowable uses in the C-3 (Community Commercial),
C-4 (General Commercial) and PCD (Planned Commercial Development) zoning districts, under the
heading of "Indoor Recreational Facilities".
"Indoor Recreational Facilities", as allowed in the C-3, Community Commercial zoning district,
currently permits bowling alleys, billiard parlors, health clubs, skating rinks, amusement arcades, etc.
Proposed regulations:
As part of its analysis, staff has reviewed the impacts associated with this use, and recommends such
uses be allowed as Conditional Uses in the C-2, Neighborhood Commercial zoning district, be limited to
a maximum of 5,000 square feet of gross floor area, only allowed on parcels abutting arterial roadways
and in multi-tenant centers, and that it be the only uses listed under the heading of "Indoor Recreational
Facilities" within the C-2 zoning district, as the remaining uses listed under that heading are more
intense commercial uses, and are more consistent with the purpose and locations of the C-3, Community
Commercial zoning district.
1850f289
As a result, staff recommends the following amendments to the Land Development Regulations:
. Amend the C-2 district regulations as follows:
Part III, Chapter 2, Section 6.B.1., add
vv. Indoor Recreational Facilities*. limited to Amusement Arcades. Each business shall not exceed a
maximum of 5.000 SQuare feet of 1!ross floor area and shall be onlv permitted in a shoppine plaza
located on an arterial roadwav. All Amusement Arcades shall complv with all reQuirements of
Chapter 849. Florida Statutes.
"*,, Indicates that Conditional Use approval is required.
. Amend the C-3 district regulations as follows:
Part III, Chapter 2, Section 6.C.1.m.(1),
m. Recreational Facilities:
(1) Indoor Recreational facilities - add the sentence, All Amusement Arcades shall complv with all
reQuirements of Chapter 849. Florida Statutes.
. Amend the definition of Amusement Arcade as follows:
Part III, Chapter 1 General Provisions, Article II. Definitions:
AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming,
pinball, or similar player-operated amusement devices, in any combination. This definition specificallv
incorporates those machines described in Section 849.161. Florida Statutes.
RECOMMENDATION
Staff recommends that the proposed interim amendments to Land Development Regulations be
approved, and that the proposed future zoning use matrix be amended to correspond with the
Commission's action.
S:\Planning\SHARED\ WP\SPECPROJ\CODE REVIEw\CDRV 10-001 Amusement Arcades in C-2 (3) doc
1860f289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
B.1. Adult Arcade Use in C-2. (CDRV 10-001). Code Review. Request approval for
an amendment to the Land Development Regulations (LOR) to add "Adult
Arcades" to the C-2 (Neighborhood Commercial) zoning district as conditional
uses. Applicant: City-initiated.
Ed Breese, Principal Planner, presented the amendment noted above. He explained the
amendment was prompted by an inquiry to locate an arcade in a C-2 Neighborhood
Commercial Zoning.
An excerpt from State statute explained adult arcade is defined in Florida State Statutes,
Chapter 849.161 as "any place or premise catering to persons 18 or over that mimic the
look and feel of gambling venues where there are more than six amusement games or
machines which operate by the means of insertion of a coin and by which by means of skill,
may entitle persons playing or operating the game or machine to receive points or coupons
which may be exchanged for merchandise only, excluding cash and alcoholic beverages
provided the cost value of the merchandise or prize awarded in exchange for such points
or coupons does not exceed seventy-five cents on any game played."
Currently arcades were an allowable use in the C-3 Community Commercial, the C-4
General Commercial and the planned development zoning districts under the heading of
indoor recreational facilities. One such arcade was located in Catalina Centre on Congress
Avenue and the other at Boynton Billiards at 1950 S. Federal Highway. A third arcade
closed and one was proposing to locate within the Boynton Beach Mall.
Police checks indicated the uses have not had above average calls for service. Staff
suggested the request be treated as a conditional use in the C-2 zoning district in order for
any impacts to be evaluated on an individual basis. Additional comments would be added
as needed.
Staff suggested the use only be allowed on parcels abutting arterial roadways in multi-
tenant centers, similar to what was allowed in the Code's current C-3 and C-4 districts. By
restricting the use on arterial roadways, it placed the use with compatible uses for high
traffic areas and should prevent impacts on adjacent residential properties.
Staff recommended the request be forwarded to the City Commission. The Board took
note that:
).> The patrons would be 18 years of age or older;
).> Alcohol is not served in the establishments; and
).> There were only a few locations within the City that allowed the use.
There was concern if the request were approved, machines could be placed in
convenience stores. Mr. Breese clarified a convenience store allowed patrons under the
age of 18 years old to shop on their premises. Accordingly, the State law would not permit
11
187of289
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 23, 2010
machines to be located there. A member noted he thought he saw a machine in a
restaurant. Mr. Breese explained the statute indicated there had to be six or more
machines and one machine was fundamentally different than the request.
The name "Adult" also had an implication that the use could be extended beyond the
machines and their prizes, nor was it known how they would be regulated. There was also
a comment made that there were already two arcades in operation and an inquiry was
made why another was needed.
Mr. Breese explained the request was made by a potential tenant on a site that staff felt
had the characteristics of a C-3 type site but had C-2 zoning. Based on the similarity, it
might not be a bad idea to open it up to C-2 and making it a conditional use to ensure there
were no adverse impacts associated with it. The proposed location was on Woolbright
Road by Torchio's restaurant.
It was noted most of the individuals who would frequent the establishment would be from
Leisureville or Kings Point, not young adults. Mr. Breese agreed and indicated his
research indicated the same findings. Most players were senior citizens. It was also noted
the amendment limited the area to 5,000 square feet.
Mr. Breese explained he could not say the use could not be associated with any other use;
but the statute clarified it had to be more than six machines. If there were less machines, it
would not fall under the statute. It was also noted the word "adult" had negative
connotations; however, it was listed as such under the statute. It was further noted there
are "adult communities."
Chair Jaskiewicz opened the public hearing. No comments being received, the public
hearing was closed.
Motion
Mr. Myott moved to amend the Land Development Regulations to add Adult Arcades to the
C-2 Neighborhood Commercial zoning district as conditional uses. Ms. Grcevic seconded
the motion that unanimously passed.
9. Other
Chair Jaskiewicz announced the election of Chair and Vice Chair would take place at the
next meeting. She anticipated there would likely be two additional appointments to the
Board.
10. Comments by members
None.
12
188of289
10. A
CITY MANAGER'S REPORT
April 20, 2010
C-I"
[' /:::;,.
c' '4'
", "".f:/"
c> ".;, " .
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 4/20/10
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 181 CITY MANAGER'S REPORT
0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS
NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS
AGENDA ITEM 0
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 Conversion of Current VehicleTowing Rotation
Program to Franchise Agreement Program.
EXPLANATION OF REQUEST: On January 6, 2009 the City Commission approved a Tow
Addendum (attached) which extended our existing towing contracts for one year. The
Addendum expired on December 31,2009.
Chronology of discussions since then:
12/15/09 - Since the current Addendum was due to expire on 12/31/09 staff presented a
recommendation to the Commission to approve either a single or multi-vendor franchise
agreement. After lengthy discussion the City Commission unanimously passed a motion to
extend the Tow Addendum for two more years.
1/19/10 - Staff presented the two year Addendum for approval. After lengthy discussions the
Commission approved, on a 4-1 vote, to direct staff to develop an RFP with 6 to 8 vendors,
with a franchise fee.
2/16/10 - Staff sought authorization to move forward with the issuance of an RFP for Towing
Rotation Franchise Agreement (per the Commission's policy direction). However, this item
was tabled and not discussed. Staff did not have the opportunity to discuss the agreement
concept. Staff did not support this type of agreement.
3/16/10 - The 2/16/10 item was tabled until a new Commission was seated to further
discussion the future of our towing contracts.
189of289
Last year staff provided a report on a number of options for towing service contracts. These
models remain viable for consideration. Several factors were considered, i.e. the history of our
contracts, current market conditions and what other communities are doing. The tow
committee is comprised of Scott Blasie, Code Compliance Administrator; Carol Doppler,
Purchasing Agent; Steven Weiser, Fleet Administrator; Sgt. Craig Anthony, PD and Lori
LaVerriere, Assistant City Manager.
Currentlv: Our existing contract was awarded in 2005 to eight tow companies, all of whom
had to be located within the City of Boynton Beach. The contract was a two year contract with
a one year extension, expiring in March 2008. The contracts were further extended and the
one year Addendum was approved January, 2009. At this point we are operating under the
2009 Addendum.
Towing services are currently provided on a rotation basis. Non-consent tows (accident
vehicles) are rotated on a per call basis by Dispatch. Compliance (code enforcement) tows
are rotated monthly and they are administered through the Police Code Compliance division.
The following alternatives remain available for your consideration:
A. Maintain the current contract arrangement which is on a rotation basis. The
City Commission may extend the Addendum for one more year (or more than one
year). We currently have six tow companies on rotation. This would preclude any
new vendors from coming onto the City's rotation list.
B. Solicit an RFP requiring a franchise fee from vendors for the purpose of
establishing a "market value" for our towing business and award the contract
to the single highest and most responsible bidder. Currently Delray Beach,
Pompano Beach and Hollywood have franchise agreements with one vendor. The
City of Delray Beach receives approx. $163,000 annually on their contract. Pompano
Beach receives approximately $110,000 annually and Hollywood receives $115,500
annually.
The City of Boca Raton originally advertised for a single franchise and received two
responses - one for $180,000 and one for $110,000. They awarded the bid to both
vendors at a reduced/negotiated price ($55,000 each - which represents half of the
lowest bid) and therefore receive $110,000 in annual revenue.
The obvious benefit of seeking a franchise agreement is the potential for a new
revenue source for the City as well as the potential of reduced contract
administration costs. A disadvantage of a franchise is that larger companies would
be in a better position to compete.
c. Seek proposals from vendors (franchise fee) and consider awarding to the top
two or three bidders (non-exclusive). This is what Boca Raton ended up doing
because they only received two responses to their bid request. An average of the
top two or three proposals can be taken and the contract be awarded accordingly,
with both or all vendors paying the same fee. When staff sought input from City tow
vendors last year several vendors indicated they prefer the contract be awarded to a
limited number of vendors (perhaps two or three at most).
1900f289
D. Structure an RFP to obtain franchise fees from vendors with a minimum Rid
outlined in the proposal. For instance, the City of West Palm Beach has this type
of contract. Two vendors pay $15,000 each annually (a higher minimum can be
established - i.e. $20-$25K). This option may draw increased participation because
the minimum bid statement wouldn't be prohibitive for the smaller tow companies.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Regardless of the model selected, the
City would continue to contract towing services within the City of Boynton Beach.
Specifications and rates may vary depending on Commission policy.
FISCAL IMPACT: Depending on the contract model selected, the City may potentially increase
revenues in the form of franchise fees.
With the issuance of the 2009 Tow Addendum, the City has saved approximately $38,177.00
in CY 2009 due to Class A City Tows being free of charge and the remaining classes of
vehicles (B, C and D) being towed at a reduced rates. Our 2009 tow expenses for fleet tows,
storage and non-consent tows was $8,643.00, down from $46,820.00 in 2008.
AL TERNA TIVES:
1) Staff Recommendation: Due to budgetary constraints staff would be remiss in not
identifying a franchise model as a potential revenue source for the City. Staff
recommends the Commission consider, at minimum, a non-exclusive franchise model
(2-3 vendors awarded a contract) or an exclusive contract model with one vendor.
Either way, this would generate revenue for the City.
Please note that a franchise arrangement does not prevent other tow vendors
from operating in the City. It primarily means that all City non-consent tows (i.e.
accident vehicles) or fleet tows would be directed to the franchisee rather than
rotated among several vendors (our current setup). The vendor would pay a fee
to the City for this "directed" or guaranteed business. However, this does not
prevent the remaining tow vendors from conducting non-City related business
within the City. Staff estimates the value of our contract (the amount of business
generated to the vendor from our franchise) is approximately $250,000 annually
(conservative estimate). This isn't necessarily the amount of what a franchise fee
would be (vendor profit & expenses have to be factored in). Staff recommends
not establishing a fee. Let the vendors compete and submit what they are willing
to offer for a franchise fee (via the RFP process).
2) Consider any of the remaining models outlined above or modify as desired.
191of289
TOWING FRANCHISE AGREEMENT
REQUEST FOR PROPOSALS
ADMINISTRATION'S PROPOSED RFP
Staff Comments/Recommendations
REQUEST FOR PROPOSAL
FROM TOWING CONTRACTORS
Note: This matrix represents a review of a
bifurcated proposal a tow/franchise rotation
that staff does not support. It does represent
City Commission discussion on of January 19,
2010 that directed staff to head in this
direction. The chronology is as follows:
FOR
THREE YEAR TOWING FRANCHISE ROTATION
12/15/09 - Since the current Addendum was due
to expire on 12/31/09 staff presented a
recommendation to the Commission to approve
either a single or multi-vendor franchise
agreement. After lengthy discussion the City
Commission unanimously passed a motion to
extend the Tow Addendum for two more years.
FOR THE CITY OF BOYNTON BEACH, FLORIDA
RFP #000-2110-10/CJD
1/19/10 - Staff presented the two year Addendum
for approval. After lengthy discussions the
Commission approved, on a 4-1 vote, to direct
staff to develop an RFP with 6 to 8 vendors, with
a franchise fee.
2/16/10 - Staff sought authorization to move
forward with the issuance of an RFP for Towing
Rotation Franchise Agreement (per the
Commission's policy direction). However, this
item was tabled and not discussed. Staff did not
have the opportunity to discuss the agreement
concept. Staff does not support this type of
agreement.
3/16/10 - The 2/16/10 item was tabled until a
new Commission was seated to further discuss the
future of our towing contracts.
Staff recommends a minimum three year term
with an annual adjustment formula built in so that
we have a stable projection of revenues and
costs.
Confirm that program will be a franchise
relationship.
Staff recommends a franchise agreement
program with no more than three vendors.
SECTION 1 - SUBMITTAL INFORMATION
Please note that a franchise arrangement does
not prevent other tow vendors from operating
in the City. It primarily means that all City non-
consent tows (i.e. accident vehicles) or fleet
tows would be directed to the franchisee rather
than rotated among several vendors (our
current setup). The vendor would pay a fee to
the City for this "directed" or guaranteed
business. However, this does not prevent the
remaining tow vendors from conducting non-
A. The City of Boynton Beach will receive RFP responses until
_TBO_, at 2:30 P.M. (LOCAL TIME) in Procurement
Services located on the second floor of City Hall, 100 E.
Boynton Beach Boulevard, to provide the City with
192of289
professional Class A, B, C and 0 towing services.
City related business within the City
B. Any responses received after the above stated time and date
will not be considered. It shall be the sole responsibility of the
qualifier to have their RFP response delivered to Procurement
Services for receipt on or before the above stated time and
date. It is recommended that responses be sent by an
overnight air courier service or some other method that
creates proof of submittal. RFP responses which arrive after
the above stated deadline as a result of delay by the mail
service shall not be considered shall not be opened at the
public opening, and arrangements shall be made for their
return at the qualifier's request and expense. The City
reserves the right to consider submittals that have been
determined by the City to be received late due solely to
mishandling by the City after receipt of the RFP and prior to
the award being made.
Staff recommends a 60 day response time on an
RFP
Standard RFP Language
C. These RFP's will be publicly opened and read aloud in
Procurement Services after the designated due date, on Standard RFP Language
_, at 2:30 p.m. (local time). All qualifiers or their
representatives are invited to be present. Procurement
Services is located on the second floor of City Hall, 100 E.
Boynton Beach Boulevard.
D. If any addendum(s) are issued to this REQUEST FOR PROPOSAL,
the City will attempt to notify all prospective qualifiers who
have secured same, however, it shall be the responsibility of
each Qualifier, prior to submitting the RFP response, to
contact the City Procurement Services at (561) 742-6323 to
determine if any addendum(s) were issued and to make any
addendum acknowledgements as part of their RFP response.
E. One (1) oriainal, "so marked", and five (5) copies, of the
RFP response shall be submitted in one sealed package clearly
marked on the outside "RFP FOR, "THREE YEAR CONTRACT
FOR VEHICLE TOWING ROTATION PROGRAM" and addressed
to: City of Boynton Beach, Procurement Services, P.O. Box
310, Boynton Beach, FL 33425-0310.
F. Responses shall clearly indicate the legal name, address and
telephone number of the qualifier (firm, corporation,
partnership or individual). Responses shall be signed above the
typed or printed name and title of the signer. The signer shall
have the authority to bind the qualifier to the submitted RFP.
Qualifiers must note their Federal I.D. number on their RFP
submittal.
G. Listing of owners or principal stockholders
H. List of persons with direct responsibility for operations of firm
(history, resume
Standard RFP Language
Standard RFP Language
Standard RFP Language
Standard RFP Language
Similar to the language in the current tow
rotation agreements that expired in 2009.
Carry over from current agreement - good
practice.
I. All expenses for making RFP responses to the City are to be Sample of general scope of services.
borne by the qualifier.
J. The successful Proposer(s) shall be required to enter into a
Towing Franchise Agreement with the City within fourteen
(14) calendar days of Notice that the Proposer has been
selected.
K. Proof of current valid County license to engage in tow services
and certificate of good standing from Department of Consumer
Affairs.
193of289
All fees for City tows may be eliminated in a
franchise agreement.
This allows the County to take lead on tow rates
and eliminate duplicate rate structures
SECTION 2- SCOPE OF WORK
Standard RFP Language
The City of Boynton Beach is actively seeking qualified tow
companies to provide vehicle towing services in accordance with
the terms, conditions and specifications contained in this Request
for Proposal(RFP) to provide Class "A", "B" "C" and "D" towing
services. Tow Companies will be issued a Franchise to provide
towing services as stated in the terms and conditions of the
Franchise Agreement.
There shall be no charge for towing City vehicles with the
exception that the City will pay a flat fee of $250 for the towing of
a Class D vehicle.
Tow rates shall be as established by Palm Beach County, as
amended from time to time.
By submitting a proposal, Proposer affirms and represents that
Proposer has reviewed the complete Scope of Services that is part
of the RFP
Payment for towing will not be made without the inclusion of a
Police Department case number, City vehicle number and VIN
number as applicable.
If more than one (1} tow Company is selected, the City shall utilize
a per incident rotation system of operations for this agreement.
Notwithstanding that more than seven (7) companies may be
qualified; no more than seven (7) Proposers will be awarded a
towing Franchise.
Inside Storage and Outside Storage will be inspected by the
Committee to be sure the compound is in compliance with Chapter
(10), Article I, Sections 10-2 and 10-3 of the Code of Ordinances
that it is free of loose debris, auto parts laying around, fence and
gate have locks, area is not susceptible to flooding, hedges are
trimmed and landscaping is neat as addressed in Chapter 15,
Article IX. Also Chapter 2 Zoning, Section 8 that all storage of
vehicles to be screened.
Proposer should be primarily engaged in towing services and
business interests in automotive/truck repairs, paint and body,
salvage, junkyard, or recycling business must be limited and
disclosed.
SECTION 3- FRANCHISE FEE:
The successful TOW CONTRACTOR shall pay the City of Boynton
Beach the annual franchise fee of $ . The franchise fee
is payable to the City of Boynton Beach in four (4) quarterly
payments, with the first payment due within two weeks of the
commencement of the Agreement by the City of Boynton Beach.
Payments 2, 3, and 4 shall be due 90, 180, and 270 days
respectively from the date of the commencement. Payments for
second and third years of this agreement shall be identical to year
one and each additional one year renewal approved by City.
Recommended language for new tow contract.
Note: This language represents the early policy
direction of the City Commission in January
2010 and staff does NOT recommend entering
into seven franchise agreements.
Carry over from current tow contract.
This basically confirms that the proposed
agreement will be with a firm that has towing as
principal business.
Policy Issue for the City Commission to consider:
Staff estimates the value of our contract (the
amount of business generated to the vendor
from a City franchise) is approximately
$250,000 annually (conservative estimate).
This isn't necessarily the amount of what a
franchise fee would be (vendor profit &
expenses have to be factored in). Staff
recommends not establishing a fee. Let the
vendors compete and submit what they are
willing to offer for a franchise fee (via the
competitive RFP process).
Standard RFP Language
Standard RFP Language
Staff recommends at least 60 day response period
for RFP.
Standard RFP Language
1940f289
Standard RFP Language
Standard RFP Language
SECTION 4 - REQUIREMENTS OF APPLICATION
For consideration, an original "so marked" and five (5) copies of
the RFP and the accompanying information must be submitted
in a sealed envelope which is clearly and visibly marked on the
outside of the: "THREE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM".
Standard RFP Language
All RFP's must be submitted and received in the Procurement
Services Department, 100 E. Boynton Beach Blvd., or P.O. Box 310,
Boynton Beach, Florida 33425-0310. Procurement Services is
located in the Main City Hall Complex, second floor.
Standard RFP Language
DEADLINE IS: _ TBD
time).
. No later than 2:30 P.M. (local
All applications must be submitted as specified on the application
pages. Any attachments must be clearly identified. To be
considered, the application must respond to all parts of the RFP. Standard RFP Language
Any other information thought to be relevant, but not applicable
to the enumerated categories, should be provided as an appendix
to the proposal. Standard RFP Language
If publications are supplied by an applicant to respond to a
requirement, the response should include reference to the
document number and page number. This will provide a quick Standard RFP Language
reference for the evaluators. Applications not providing this
reference will be considered to have no reference material
included in the additional documents. Standard RFP Language
SECTION 5 - SELECTION CRITERIA:
The RFP response should be designed to portray to the City how
the qualifier's range of services can best assist with the TOWING
SERVICES. In order to evaluate the capabilities of all firms, each
RFP shall include, at a minimum, the following information:
1. Personnel information of each company director,
officer, supervisor, driver and employee as follows:
a) The names and positions of each driver to be
assigned to this RFP.
b) Resumes of personnel re: experience in towing
c) Evidence of possession of required licenses or
business permits.
d) Evidence of previous experience in towing of a
similar nature. Provide contact names and
phone numbers along with project names and
appropriate agency contacts.
Recommended evaluation standards for RFP
review - this language reflects early policy
direction in January 2010 - evaluation process
may vary with exclusive or non-exclusive franchise
2. Reference listing, including contact names and phone
numbers.
3. A narrative statement describing the willingness and
ability to meet the anticipated City towing needs
195of289
considering the firm's current and projected
workload.
4. A list of all lawsuits in which the firm has been named
as a party in the past two (2) years.
5. A list of other contracts, franchises or agreements
with governmental agencies to provide towing service
within the last five (5) years and:
a) The status of the contract, franchise or
agreement.
b) The name and contact information for the
agency.
c) A statement describing why the contract,
franchise or agreement was cancelled if it was
cancelled for cause.
Standard RFP language - qualifications may be
expanded with an exclusive or non-exclusive
franchise.
SECTION 6- EV ALUA TION COMMITTEE:
1. The City Manager will appoint an Evaluation Committee
that will review all RFP responses, interview eligible top
ranking qualifiers.
2. The panel will recommend by ranking all proposers to
Commission.
3. After ranking is completed, the City will negotiate an
agreement substantially based on the final scope of
services developed from this Request for RFP. The City
reserves the right to include additional provisions if the
inclusion is in the best interest of the City, as determined
solely by the City. Assuming the successful negotiation of
an agreement, the final Franchise Agreement will be
formalized by the City Attorney and submitted to the City
Commission for their consideration and approval.
4. Each proposer, by submission of an RFP response,
acknowledges that in the event of any legal action
challenging the award of the project, damages, if any,
shall be limited to the actual cost of the preparation of Final Decision is vested with City Commission.
the RFP.
5. Each respondent is deemed to have knowledge of all
applicable federal, state and local laws, rules, ordinances
and regulations of all authorities having jurisdiction over
all aspects of Towing.
SECTION 7- QUALIFICATION OF THE FIRMS BY THE EVALUATION
COMMITTEE
The Evaluation Committee will determine which Proposers are
qualified by considering the information provided in response to
the RFP and the following criteria:
1. Evidence of ability to provide Class A and B, C, and
"D"
2. List of company equipment to include model, year,
towing capacity and equipment condition and
schedule of which Class of tow each can handle
3. List of storage compounds must be within 10 mile
radius of City limits:
4. List of towing operators to include: Training of each
operator (last 2 years), CDL Numbers and Annual
Motor Vehicle Incident Report on all CDL holders.
5. List and provide copies of business tax receipts
1960f289
6. Comply with insurance requirements as stated in RFP
7. Proof of Performance Bond or a Letter of Credit
capability to cover Franchise Fee (letter from bonding
or surety company)
8. Number of years providing towing services
9. Listing of pending lawsuits
SECTION 8- DESIGNATION OF COMPANIES TO BE OFFERED A TOW
FRANCHISE
The City Commission shall consider the companies designated as
qualified by the Evaluation Committee at a public hearing and
select those companies that will be offered a Franchise
Agreement.
H:\1990\900182.BB\TOWING FRANCHISE AGREEMENT . Comm Direction
v3.doc:revised 4/14/10
1970f289
ADDENDUM TO AGREEMENT FOR
VEHICLE TOWING ROTATION PROGRAM
This Addendum shall take effect on signature by both parties.
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter
referred to as "CITY",
and
hereinafter referred to as "TOW
CONTRACTOR".
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and TOW CONTRACTOR agree as follows:
1.
day of
The Agreement between the CITY and the TOW CONTRACTOR entered into the_
,2005 is amended, effective January 6, 2009, as follows:
SPECIAL TERMS AND CONDITIONS
1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY
The following rates, or the rates for like services as established by the Palm Beach County
Commission, whichever is higher. A copy of the Palm Beach County Rate Schedule is attached
hereto as Exhibit "A".
1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES
A. All CITY owned or CITY leased vehicles Class "A" will be towed and receive road side
assistance free of charge. The CITY will pay TOW CONTRACTOR for all tows of
CITY owned or leased vehicles which are towed outside the CITY limits at the rate of
$6.50 for each mile outside the CITY.
B. All CITY owned or CITY leased vehicles Class "B" will be towed at fifty (50%) percent
of the standard charge(s) as set forth above.
C. All CITY owned or CITY leased vehicles Class "B" requiring road service as indicated in
Section 1.11 of this Agreement will receive such services at fifty (50%) percent of the
standard charge(s) as set forth above.
D. All vehicles towed at the request of the Boynton Beach Police department as a crime
scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police
business will be towed and stored at rotation fees.
1990f289
E. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D" will be
towed at $250.00 (plus $5.00 per mile for tows more than 10 miles from Public Works
Compound).
F. All vehicles towed at the request of Code Compliance, or any other department of CITY
in connection to City business, shall be towed at fifty (50%) percent of the contract rate
and will be stored at fifty (50%) percent of the contract rate, as set forth in Section 1.1 of
this Agreement.
G City shall be assessed fifty (50%) percent of waiting time charges.
H Companies that cannot or do not respond to City tows will lose their next rotation slot for
a retail tow. Documentation will be maintained by City Communications.
29.0 TERM OF AGREEMENT.
This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the
City of Boynton Beach City Commission, and shall terminate on December 31, 2009, unless
suspended or terminated earlier in accordance with the procedures set forth in this Agreement.
2. All other terms and conditions of the Agreement not specifically amended as shown
above shall remain in full force and effect for the balance of the term of the agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first
written above.
CITY
BY:
City Manager
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared , as City Manager of the City of Boynton Beach, Florida,
and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and
that the instrument is his act and deed.
200 of 289
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this _ day of 2008.
NOTARY PUBLIC
My Commission Expires:
TOW CONTRACTOR
WITNESSES:
BY:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared , and acknowledged he/she executed the foregoing
Agreement for the use and purposes mentioned in it, and that the instrument is hislher act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this _ day of 2008.
NOTARY PUBLIC
My Commission Expires:
201 of289
10.B
CITY MANAGER'S REPORT
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 18I 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: Review staff recommnedation conceming
residentslvolunteers serving on more than one Advisory Board and permit staff to conduct further review
of the City's Advisory Board program.
EXPLANATION OF REQUEST: Over the past several meetings the City Commission has
discussed whether or not current advisory board members should be permitted to serve on
more than one board. Our current Advisory Board Listing is attached (Exhibit A). Staff
broadcasted a request to Florida cities requesting their guidelines on board membership. The
survey results are attached (Exhibit B). The majority of the respondents restrict members from
serving on multiple boards. However, there are cities that do allow it. One general theme we
found was that many cities had restrictions on serving on "quasi-judicial" boards. Staff
consulted with our legal department and concluded that a member serving on a quasi-judicial
board, i.e. the Planning & Development Board, the Code Enforcement Board or the Building
Board of Adjustments & Appeals, should not serve on a secondary board due to potential
conflicts.
The Building Board of Adjustment and Appeals, the Code Enforcement Board and the
Planning and Development Board all have limited final authority to take action on certain
matters they review. Because of that authority they are not purely advisory boards. The
delegation of final authority to those Boards results in board members holding "office" as that
term is used for dual office holding purposes. As a result of that designation an individual on
one of those three boards may not serve on other boards.
202 of 289
Staff reviewed minutes (Exhibit C) dating back to 1973 where the Commission had some form
of discussion on sitting on multiple boards. For the most part the prior Commissions' intent
was to not allow multiple board membership.
Staff recommendation:
Advisory Board members be permitted to serve on multiple boards with the exception of our
quasi-judicial boards: Code Compliance Board, Building Board of Adjustment & Appeal and
Planning & Development Board. If a member sits on any of the above mentioned boards they
should be restricted from serving on any other advisory board.
Advisory Board Program Review:
As the Commission knows there have often been times where we've struggled to fill our
Advisory Boards. Staff has developed marketing plans to improve membership and they have
been effective. However, this issue continues to arise. Staff feels this may be an opportune
time to review the entirety of our Advisory Board Program, in terms of board structure, board
purpose, board accomplishments, goal setting, training, membership and promoting
volunteerism, etc.
With the Commission's approval staff will conduct a review of the program and report back to
the Commission with recommendations for revisions. A brief outline of our review process is:
1. Reference the American Assembly Recommendations regarding Advisory Boards.
2. Research the purpose, goals and objectives of each Advisory Board through the City
Code of Ordinances.
3. Interview current Advisory Board members to learn about their roles on the
Advisory Boards and what they would like to be doing in the future.
4. Create a Comparative Gap Analysis of the gathered information.
5. Seek Public Engagement through mechanisms such as surveys, public forums and
local charrettes to determine community need.
6. Provide to Commission staff recommendation of goals and objectives for existing
Advisory Boards and possible deletions andlor additions of Advisory Boards.
7. Provide to Commission staff recommendation on revised structure for Advisory Boards
to increase community interest and volunteerism.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Allowing board members to serve on
multiple boards will have minimal impact on the program management. In terms of the overall
program review, staff will provide recommendations to enhance our current advisory board
program.
FISCAL IMPACT: N/A. Staff time to be utilized for program review.
ALTERNATIVES: 1) Not permit multiple board membership; 2) modify staff's recommendation;
andlor 3) not permit further program review.
Attachments:
Exhibit A - Advisory Board List
Exhibit B - Survey of other cities
Exhibit C - Minutes of previous discussions
203 of 289
[Name oiB~;~-d-
Building Board of
Adjustment & Appeal
tv
o
Vl
o
H)
tv
00
1.0
i-Code Compiiance
i Board
I
i
I
I
I
Planning and
Development Board
Arts Commission
Cemelery Board
Community Relations
Date
Created
3'16/76
<)'18/79
:
j II] 9171
I
i
I
1112102
5 -04-04
9/8/53
1/2/9 I
EXHIBIT A
BOYNTON BEACH BOARD COMPILATION
Enacting~ N':;-;;iJe;of Memb~~~l;lu-tor~ member
Ord. ualifications?
76-11
79-28
71-1
01-64
04-03 I
241
90-79
TIER I BOARDS.
Regular: 7 I ~o.
Alternates: 1 - one
alternate must comply
I with 111emhership criteria
and ooe altemate at large
hum the public
I ~-. -----
I Regular' 7
I Alternates: :2
I
I
I
'I
i
I
y es. ~ 161.05 rs
\1U5t be City residen!. Board
, shall. when possible. include an
architect, business-person,
I engineer, general contractor,
i subcontractor and realtor.
: No. Preference shall be given.
I
I when possible. to design
professionals licensed in the
I disciplines of architecture.
i landscape architecture.
!Iandscaoe design and planning.
TIER 2 BOARDS
~~g~lhr~ 7~
Alternates' :2
Regular: 7
Allernates: 2
._~--
City Clerk and 5 regular No.
members
Regular: 9
Alternates: 2
No.
No.
-I City membership requirements
I
Member must have knowledge and
experience oflechnical codes, to
include an architect. engineer, general
contractor electrical contraclor HV A
I contractor, plumbing contractor and
I any other conlractor I icense category.
'I
I Same as Sta~tor~. .
I
City resident
Appoinlees shall be residents or
business owners. preferably with the
following back-ground: Artist, art
volunteer/activist: planner, private
developer; architect; neighborhood
association member; interesled cilizen
Residents and electors of the City of
Boynton Beach
Board shall be comprised of members
who are law abiding citizens and shall
Name of Board Date Enacting I Number of Members I Statutory member City membership requirements
Created Ord. qualifications?
, , be broadly represenlative of the social,
I ! economic, religious. ethnic and racial
, I
I i ! I groups wh Ich comrrisc the population
i I
I
Education Advisor) l-.--
. Board Merged with
I Advisory Board of
i Children and Youth I
I Golf Cour<;e AdVi~~;:Y-1 Incorporate
I d by
I ! Agreement
: i with
l ~County
I'Librarv Board 4/17/(,1 61.8 Regular'i
: NUIsance Abatement ho720187--- -1'87'39 -~gl~lar 'i
! Board Merged with I 3.16.2004 04.009 Altel nates 1
! Code Enforcemel~ I
I Re~r~;iTot1~-:-~a~ks I 2/6/61 ~-_. Rcg;;lar,'7'--
i SenIOr AdVISOry I ABE I ABE: 92.11 Regular: 7
i (Originally Advisory II established I Senior Alternates. 2
i Board on tile Elderly) 6/2/92 Advisory:
i I Renamed: 94.12
Senior
Advisory
on 617194
9.6.05
'\"0.
of tile Clt)
_.1._
"-io
i
I
--J- Rdt' h .'
! eSI ents 0 t e ( It)'
I
- ~
I
I
I
,.~ I
City resident. I
Chairpel~~lll1:t be allorney, ~
Residents and electors oflhe Cit
Residents orthe City
I
6.20.06
1.16.07
06.0'i0
07.001
Recorded
ORB 3<;04
Page 114
Regular: 5
Alternlltes: :2
r\T~1.
1\0
N
o
0;
o
~
N
00
'-0
. 1
'\lo,
--.---..---"
No,
Veteran's Advisory
Commission
05.047
I
I
! Regular: 7
Ii Alternale: 4
Honorary: 5
No,
~
Mililary Service
Organization membership
City Residenl (alleast 6 regular
members)
· Tier I Boards are a delegation of sovereign power. Board members are officer.\ and may not serve on another City board.
Ordinance No. 92.55, adopted 11/17/92 slates that all Boards of 7 or more shall have 2 alternates. Boards less than 7 members shall have one alternale.
Unless expressly staled differently above, Ordinance No. 90.11, adopted June 19, 1990. stated that all Board members must be an elector of Palm Beach
County, Florida, with preference given to Individuals who are residents of the City of Boynlon Beach, provided however, that non.residents who own
businesses located within lhe City may also qualifY for appoinlment provided they possess qualifications or experience uniquely suiled to deal with the
subject matter over which the board has subject matter review or power.
Advisory Board Survey-3/2010
tv
o
-....J
o
......,
tv
00
'-0
Jurisdiction # of boards a person
may serve on at one
time
Boca Raton Multiple No person may be appointed to two or more of the following boards: Board of Adjustment, General
Employees Board of Trustees Pension Plan, Board of Trustees, Police and Fire Retirement Systems,
Builders' Board of Adjustment and Appeals, Civil Service Board, Code Enforcement Board, Community
Appearance Board, Contractors' Board, Planning & Zoning Board. Otherwise, members are permitted to
serve on two boards or commissions.
Belle Glade 1 The members of the following boards/committees may not serve on any other board/committee if serving
on one of the following: Belle Glade Hospitality Committee, Black Gold Jubilee Directors, Board of
Adjustment, Civil Service Board, Code Enforcement Board, CRA, Housing Authority Board, Local Land
Planning Agency (Planning & Zoning Board serves as the LPA), Nuisance Abatement Board, General
Employees' Pension Board, Retired Public Safety Officers' Trust Fund; Planning & Zoning Board. Any
other established boards/committees the members can serve on more than one board/committee without
any requirements/stipulations.
Bradenton Multiple "Not aware of any conflicts of interest servinQ on multiple boards."
Clearwater 1 Only exception, is for ad hoc committees. (Residents can serve on an ad hoc board and a regular board at
the same time.)
Delray Beach 1 In general, individuals may serve on only one board or committee at a given time, with the exception of ad-
hoc committees or task forces.
Destin Multiple
Fort Lauderdale 1 Citizens may serve on multiple committees,
Greenacres 1
Haverhill Multiple May serve on more than one advisorv board only. May not serve on more than one Quasi-judicial
board.
Hvpoluxo N/A Not applicable to this small municipalitv
Juno Beach, Town of 1
Lake Park Multiple
Lantana Multiple
Lake Worth Multiple Members may serve on only 2!!! quasi-judicial board and 2m! advisory board, or two advisory/ad hoc 01
task forces.
Loxahatchee Groves Multiple Please note that the town had only two committees and three members of one board served on the
second board when people dropped off and the seats needed to be filled.
Manalapan 1
tv
o
00
o
HJ
tv
00
1..0
Miami Beach 1 Sec. 2-23. Serving on more than one agency. board or committee.(a) No person shall be appointed or
elected to, or serve on. more than one agency. board or committee of the city. whether such agency.
board or committee is now existing or hereafter created or constituted under the state constitution, act of
legislature. the Charter of the city, or any ordinance or resolution of the city commission. Any person
appointed or elected to and accepting appointment or election to more than one agency. board or
committee. whether appointive or elective. shall be deemed to have forfeited forthwith all appointment or
election to any and all prior agencies, boards or committees in which he shall have been a member.
North Palm Beach Members shall serve on only one village board or committee whwere membership on two boards or
committees would violate the constitutional dual office-holdina prohibition
Palm Beach. Town of 1
Palm Beach Gardens 1 The person must step down if he/she wants to serve on another board. Resently started term limits.
Palm Beach Shores. 1
Villaae of
Palm Springs, Village 1
of
Riviera Beach 1
Tamarac Multiple "Not aware of any conflicts of interest servino on multiole boards."
Titusville 1 "-..It shall be the general policy of the city council in the appointment of persons to boards. commissions or
committees to permit a person to serve on only one board, commission or committee except that said
person may be appointed to temporary or special committees of short duration if other individuals are not
available and there would be no conflict of interest with a person serving on more than one board or
commission or unless the particular ordinance or resolution expressly authorizes dual membership.....
Town of Lake Clarke 1 The Town will allow members of boards to service on various committee while they serve on a board.
Shores
Town of Palm Bl~ach 1
Shores
Wellinoton 1
Venice 1 Does not allow a person to serve on more than one decision-making board at a time. However, an
individual may serve on more than one board if those boards do not make decisions. (Planning
Commission vs. Parks and Rec Advisory are examples of decision making and non decision making.)
West Palm Beach 1
Weston City has no permanent advisory boards.
-7
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 5,2008
C. Recommended ProcecIure for sale or Conveyance to the CRA of Property Owned
by the aty In the Heart of Boynton.
Mr. Bressner reported the parcels are generally located east of east of Seacrest between 911\ and
1111'I and Federal Highway. It did not include the properties the City owned west of Seacrest
near Poinciana school. It would cover the original area of Phase I of the Heart of Boynton plan.
It was proposed the value would be the greater of the initial purchase price or the value of
property as established by a 2008 letter appraisal for each of the properties. A reverter clause
may have an impact on the purchase price and the deed restriction would follow the property.
Attorney Cherof advised the eRA could request a waiver of the reverter clause from the County.
Mayor Taylor summarized the request was to transfer the properties to the CRA for a price to
be determined.
Moj;ioo
Commissioner Hay moved to authorize transfer of the properties to the eRA for a price to be
determined.
There was discussion on the cost of appraisals and the need for both the CRA and City to have
appraisals done. Attorney Cherof offered that the CRA and aty could enter into an agreement
to designate one appraiser and be bound by the number. There was a recommendation to
agree upon a joint appraisal.
Motion
Commissioner Hay repeated his motion and added the City and eRA come together with an
appraiser. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously.
D. Review and approve implementation of marketing plan for volunteerlsm and the
City's adviSOry boards.
Wayne Segal, Public Affairs Directorl reviewed the pending vacancies for the advisory boards.
The marketing plan was established to assist with recruitment efforts to fill the vacancies. On a
national level, volunteerism is at a very high rate. Educating the citizens about the functions
and duties of the advisory boards is a key component to increase participiltion.
Mayor Taylor noted only four of the vacancies related to regular board positions. The others
are alternate positions.
Herb Suss, 1711 Woodfem Drivel reiterated his contention that volunteers should be allowed
to serve on more than one bDBfd even if the second position ;s an alternate.
Mayor Taylor and Commissioner Ross felt it was worth considering. Commissioner Hay did not
feel enough effort had been made to solicit new volunteers. He was hopeful the new plan
would encourage more participants and those efforts should be given a chance first.
Commissioner Ross suggested a review of the process other municipalities utilize may be helpful
13
209 of 289
~
Meeting Minutes
Regular City Commission
Boynton Beach. Fl
February 5, 2008
also. Vice Mayor Rodriguez noted the online application process was cumbersome and should
be made more user friendly. An emall blast would also be useful.
Mayor Taylor congratulated Mr. Suss on his appointment as chair of the Golf Course AdvIsory
Committee.
X. FunJRE AGENDA ITEMS:
A. Discussion of disposition of Old High SChool- February. 2008
B. Recommendations and Action Plan on City Green Task Force - February 19, 2008
C. Discussion of funding electronic agenda software
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading. Development - PUBUC HEARING
None
e. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING
1. Proposed Ordinance No. 08-002 RE: Amending Part
nI, Land Development Regulations, Chapter 20, Buildings, Housing and
construction Regulations. Article I, in general by amended Section 4.
Fees, Subparagraph a; providing for building division fees.
Attorney Cherof read Proposed Ordinance No. 08-002 on second reading.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor dosed
the public audience.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-002. Commissioner Hay
seconded the motion. The motion passed unanimously.
~
City Clerk Prainito called the roll. The vote was 5-0.
C. Ordinances - 1st Reading
14
2100f289
Meeting MinuteS
City Commission
Boynton Bead1, Florida
February 1, 2004 2005
Mr. Suss expressed his strong disapproval of the CRA spending money to go on a
retreat to Naples. He thOught It should have been held in Boynton Beach. He was also
concerned that the eRA was not moving fast enough and that the Oty should
reconsider whether or not the eRA should continue in its present form.
--7
Mr. Suss commented on the many times he heard from the dais that appointments
were passed on due to lack of candidates for Boards. He wanted the City to consider
allowing indMduaJs to iiWton mGm than one BbattJ. Mayor Taylor responded that Mr.
Suss had brought this Idea up several times, but no one had been wtlling to take up
that cause.
Mayor Taylor commented that when the City considered the Visions 20/20 Plan, one
hundred people went out of the City. The CRA was planning multi-million dollar
projects and needed to be able to focus on this without distractions. The CRA is having
Its retreat in a town that went through revitalization and this is why it was chosen.
Mayor Taylor did not feel that the amount of money they were spending was
exorbitant, especially since it was during "the season."
Alan Silverstein, attorney representing latus &. Bonnie Crawford of 121 H.E.
16th Avenue, Boynton Beach, came to the podium. The Crawfords were given a
reduction in their Code Compliance lien to $730.00 from the original $40,830.15. They
were given 90 days to pay the $730.00. When they did not pay within the 90 days, the
lien reverted back to $40,830.15. The Crawfords were applying to refi,nance their home
and the $730 would have been paid out of the proceeds of that sale. The Crawforcls lost
track of the time. The refinance is ready to go forward now, but cannot proceed
because of the lien against it. He stated that this property was Homesteaded by the
Crawfords and the way he understood the City's Code, no lien would apply to
Homesteaded property. He was advised to come before the City Commission and
present the situation.
Mayor Taylor asked whether the Commission would be allowed to give the Crawforcls
some relief in this situation. City Attorney Cherof stated that it would have to be added
to the Agenda and also, the Code provision that Mr. SilversteIn alluded to contained
language that no extensions of the 90-day period shall be permitted. No further action
by the Code Board or the City Commission is permitted regarding fien reduction. That
was a very firm 90-day period. If it gets added bac\< on the agenda, he would see if
there were some way to interpret this differently. City Attorney Cherof asked Mr.
Silverstein to call him on the day following this meeting to discuss this. Mayor Taylor
asked that this Item be put on the Agenda for the February 15,2004 meeting.
8
211 of289
Meeting Mtnub!5
Regular City Commit8lon MeetIng
Boorm:o" hM:h, F1orid11
October 4, 2004
Since no one else wished to speak, the public audience was closed.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be. Made Board Exolration Date
II McCray Advisory Bd on Children .& Youth All 1 yr term to 4/05 (Tabled 3)
III Ferguson Advisory Bd on Children & Youth AIt 1 yr term to 4105 (Tabled 3)
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4107
I Enslin Bldg. Bd of Adj & Appeals Aeg 3 yr term to 4107
II McCray Bldg. Bd of Ad) & Appeals All 1 yr term to 4105
111 Ferguson Bldg. Bd of Adj & Appeals All , yr term to 4/05
Mayor Taylor Cemetery Board All , yr term to 4105 (Tabled 3)
III Ferguson Code Compliance Board Alt , yr term to 4105 (Tabled 3)
IV McKoy Code Compliance Board AIt , yr term to 4105
IV McKoy Education Advisory Board AIt , yr term to 4105 (Tabled 3)
II McCray Education Advisory Board All 1 yr term to 4105 (Tabled 3)
III Ferguson Education Advisory Board Stu , yr term to 4/05 (Tabled 3)
IV McKoy Education Advisory Board Stu 1 yr term to 4105 (Tabled 2)
Vice Mayor Ferguson appointed Jeffrey Andre as a Student Member of the Education
Advisory Board.
Motion
~
Commissioner McCray moved for approval. Motion seconded by Commissioner McKoy
and unanimously carried.
All other appointments were tabled.
Commissioner MCCray agreed with Mr. Suss' recommendation that people be allowed
to _ on more than one BOlittt:
r; ct:'oJ t
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes:
1. City Commission Public Hearing on Fire Assessment- September
14,2004
5
212of289
Meeting Minutes
RegUlar City Commission Meeting
BOynton "ch, Florida
June 1, 2004
Dan DeCarlo, the City's Neighborhood Specialist, explained that the City has been
involved In the Great American Oean-up for over fIVe years that takes place around
April or May of each year. This was one of the biggest turnouts with almost 200 people
volunteering. Mr. DeCarlo distributed certificates to representatives of the variOus
groups that participated as follows:
AmeriCorps
Village Royale on the Green
Community Deliverance Church Outreach Program
Bethesda Memorial Hospital
Deliverance by Faith Church
Youth in Government Day
Boynton Terrace Neighborhood Association
Boynton Hills Neighborhood Association
Golfview Harbour
International Pentecostal of the City Church Mission
INCA
Treasure Island
Four Sea Suns Condo
Mayor Taylor thanked everyone for their participation.
Commissioner McCray requested that Mr. Bressner announce that some elected offldals
and staff will be out of town next week.
Mr. Bressner announced that four of the City officials, along with some staff, would be
participating in the Innovations Group National Conference in Washoe County, Nevada.
The Oty has been invited to make a presentation on the Utility and Community
Involvement Program. This is the second year that Boynton Beach has been invitecl to
give a presentation at a national conference.
-7
IV. PUBUC AUDIENCE:
INDMDUAL SPEAKERS WILL BE UMnED TO 3-MINUTE PRESENTAttONS (at
the disaetlon of the Chair, this 3-minute allowance may need to be adj~
depending on the level of business Q)ming before the City Commission)
Herb Suss, 1711 WoocIfern, Boynton Beach, would like the City Commission to
allow people to _ on more than one BOatd in order to fill vacancies on the Boards.
He noted that there is always a lack of candidates and there are current Board
members that would be wirting to serve on two Boards, as long it was not a quasl-
judicial Board. He requested that the Commission give consideration to his
recommendation.
Mike Taylor, 249 HE 11th Avenue, Boynton BeaCh, thanked the City Commission,
Assistant City Manager Wilfred Hawkins and Mr. Arthur Lee, Director of Human
3
213 of289
Meeting Minutes
Regular City Commission Meeting
Bovnton ~. Florida
July 15. 2003
Vice Mayor Ferguson commented for the record that the appraisals are $62,000 for 3 of the
parcels and $54,000 for the Brown property.
f40ti0n
Commissioner McCray moved to accept the status report. Vice Mayor Ferguson seconded the
motion that carried unanimously.
VI. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Authorize a court ordered mediation settlement with Deborah Green, Plaintiff, in
the amount of $45,000 (Initial demand at mediation was $100,000)
Motion
Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that
carried unanimously.
B. Authorize a court ordered mediation settlement with Thomas Frank Brown,
Plaintiff, in the amount of $11,000 (initial demand i;lt mediation was $100,000)
MotIq"
Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that
carried unanimously.
C. Accept request for a "partial release" of lien for the vacant lot known as Lot 16,
Block 1, Lake Addition
Motion
Vice Mayor Ferguson moved to approve. Commissioner McKoy seconded the motion that
carried unanimously.
VII. PUBUC AUDIENCE:
INDMDUAL SPEAKERS WILL BE UMITED TO 3-MINUTE PRESENTATIONS
---;,
Herb Suss thanked the Commission for his appointment to the Golf Advisory Committee. He
regretted he had to resign from the Ubrary Board and wished that they would change the code
so a citizen could _ on more than one b&Wtf~ He also spoke about the great program they
had for juniors at the Golf Course.
Caneste Sua;x" On behalf of over 100 HaitJan families, thanked the Oty Commission and the
City Manager for the good job at Forest Park Elementary. There are over 60 kids attending the
summer camp there. The City's Neighborhood Specialist (Dan DeCarlo) is working with them
and sometimes even buys snacks for the kids when they do not have enough money. He
requested the Commission's help with the camp.
Chris Ena, 2501 NW 1-* Street, was representing a foundation put together by a group of
Haitian lawyers, doctors, busInessmen and pastors. They use their own money and they need
15
214of289
Meeting Minutes
Rf:J9ular atyCOmmlssion
'BoYnton BeiK:h. Florida
November 6, 2001
The ccmsensus of the CommiSSion was to leave the ,rate as it ,is. Oty Manager ,Bressner
suggested; that: this item' be 'plaCed on a future agenda In six months for review.
-7
Report on Oty AdvIsory Board MembershIp, Attendance and Performance
Standards (surVey results)
oty Manager BreSsner reported on the results of a ,survey conducted by the Oty Oerk's office.
The past practl~ ofac>ynton Beach,is:,coORSistent with other communities. 'The majority of other
munidpalities. dq~'of'allo..v"meniberstrip' :00' more, tI1ai'l, one bOard. The Oty's policy on three
absences 'seems. to :be,.the Stpndard.' For boaii::ls withmo~ ,than: one ,meetlng a month, the
ordinance :$hould"be '~mleridedto mOdify thlltstandard sO, that there is oonsiStenCy;
B.
~
Herb" Suss .saidthat ,the Oty has difficulty fining, Otyboards. He, urged that the code ,be
ch~t:iQed:so:that'~zens ~n serve on a ~ndboar.Q; He:also said that illnesSes and religious
holidays sf.1oliJld betaken into consideration.
Comm.lssloner Fisher commented that many of the City Commissioners serve on other boards
andStllt get: their jobs done. ,There are, many" board vacancies and he cannot, think of a
negative recisonnot:,tq allow service on more than,'one board,.
Mayor~ningsajd hlil would not want someone to serve on both the Plannif19 & Development
BoardaCld,the CRABoardor on two quasl-jUdida[ boards. However, he does not have a
. problem with sOmeone serving on two bQards.
COmm!ssionerFerguson thought that people could be found to fill board vacancies. If people
_ on mor.ethan one~i hf!feels that the City would lose diversity.
City Manag~r Bressner reported that, according to the survey, Delray Beach, West Palm Beach
, and ~9'fl1tOi'\'Beac:h have the' largest ,number of boards and they all have the same standards.
He suggested, that tile,City advertise these boards more and ,mar1<et them better.
The consensus of the Commission was to request that the Legal Department draft an ordinance
darifylng a:ttendancestandardS for advisory boards that meet more than once a month.
c. Authorize staff to proceed with the necessary work to relocate voice and data
communication equipment from the Mangrove Park High School at a cost not to
exceed $25,000
Quintus Greene, Director ,of Development, said he could provide a more detailed report at the
next Commission meeting. However, whether the old high school building stayS or is
demolished, there is same equipment essential to the operation of the Oty Complex that needs
, to be removed from the building and relocated. The cost for this relocation will not. exceed
$25,000.
Peter Wallace" TIS Director, explained that equipment providing telephone and P .C. service to
the museum, the Art Center and the Code Compliance trailer must be relocated. In response to
a question regarding why this equipment had been stored at the old high school, Mr. Wallace
10
215of289
'"; MINUTES OF TlIE AGENDA PREVIEW CONFERENCE
HELD IN CONFERENCE ROOM B, CITY HALL, BOYNTON BEACH, FLORIDA
ON THURSDAY, JUNE 28, 2001 AT 4:00 P.M.
-7"
""....."
I
~T'.-..
"resent
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
Mike Ferguson, COmmissioner
Charlie Fisher, COmmissioner
Mack McCray, COmmissioner
Kurt Bressner, City Manager
James Olerof, City Attomey
Bonnie Glinski, Deputy Oty Oerk
CALL TO ORDER
Oty Manager Bressner began the agenda review at 4:05 p.m.
Mr. Bressner stated that David Katz had flied a new profile form and there was some discussion
whether someone could _ on mom than one b()SrtJ~
. Towing Request for Proposals - Workshop at 6;00 p.m. on July 3, 2001 for Rate
Authorization by City COmmission
Mr. Bressner stated that back-up for this item should have been received. Vice Mayor Weiland
questioned whether the towing companies would be able to give their comments at the
workshop. It was decided that they would be able to and that the wo,rkshop would begin at
5:130 to allow time for public comments. Mr. Bressner will have staff notify the tow operators of
th~ workshop and send them a background report.
. V.D.l. Marie Premi.er - 1521 NE 2nd Street (Lot #41, Block 17, First Addition to
Roiling Green SubdiviSion) - Request relief from the City of Boynton Beach Land
Develo~nt Regulations, Chapter 2, ZOning, See. 4.8, requiring a minimum rear
setback Qf twe"ty~five (25rfeet,. to allow a 16.58 foot variance and an 8.42 rear
yard setback for a tool she" on II R-l-A zoned parcel (Planning a. Development
Board reCommended postponement until City Commission meeting of August. 7,
. 2001)
After discussion, it was decided to leave this item on the agenda since it is on the Consent
portion. If the Consent portion passes, then the recommended Planning & Development Board
poStponement wi([ pass.
)
. V.J. - Ap~ve proposed Community Reinvestment Activities - $2,000 for
uniforms 'and sports equipment for Police Athletic Leilgue, suggested by
Commissioner McCray
Updated Community Investment Fund Availability sheets were handed out.
216of289
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 21, 1989
requested that this topic be TABLED until the first meeting
in December. The Commission agreed.
7. John Guidry tri~ to France
Interim City Manager Toney explained Mr. Guidry had been
authorized to attend an International Conference on Ground
Water which is being held in France. Five days authorized
conference leave were granted by former Interim City Manager
Hunt. ~350 for travel expenses were denied by Mr. Hunt.
Mayor Moore thought the Commission should be privy to these
things before a member of staff makes a trip out of the
country like this.
8. propose preparation of a report on utility Bond Issue
expenses
This item was considered as part of the Prudential Bache
presentation earlier in the meeting and labeled OLD
BUSINESS, "E. II
B. Items for Discussion requested by Vice Mayor RObert
Olenik, Jr.
.. .
1. pool of people who volunteered to serve on Boaras
(Previously TABLED)
Vice Mayor Olenik moved ~hat this topic be removed from the
table. Commissioner Weiner seconded the motion whiCh
carried 4 - o.
Vice Mayor Olenik made remarks regarding the number of
talent bank forms that have been submitted of citizecs
willing to serve on City boards and yet in some cases one
person ha.s been appointed to s:er.Y.:e on lllO:x:oe than one ~~
He felt the Commission should limit the volunteers to serve
on one board only. Commissioner Weiner agreed. Discussion
took place. In connection with the last appointment be had
to make, Commissioner Wische noted that he went through all
the talent bank forms and found it difficult to find a
qualified person. If a person had not volunteered to switch
boards in this case, he couldn't oome up with a person.
-7
Commissioner Weiner moved that there be a policy that citi-
zens are encouraged to participate in the workings of the
City by limiting people to serving on one advisory board at
a time. Vice Mayor Olenik seconded the motion. Discussion
took place. Commissioner Weiner amended her motion to indi-
cate that persons currently serving on two board will be
allowed to complete their current terms. The Vice Mayor
amended his second. The motion carried 3 - 1. The Mayor
voted against the motion.
38
217of289
. .
(
-'
"
-.,
"'"
~7
~
SFSCIAL . CITY, COUNCJ:L MEE'rIBG
..iANtmRY It 197'
A~point:ment: Of --.;~1:y Officiala '
City Attom~
Mr. Wallace:,rioved to appoint Mr. Ernest Simon ana Associates as c:i.ty
2\ttorney, seooi1cl-ed by Mr. Barmen:1ng.
Mr. DeLong lllCWed tha.1;the' nauinations becJ.osed~ seconded by Mr. BarlPef\-
'ing. .MOtion earned 5-0.
City .Judge
. '
Mr.Ha~en1ngmoved ,to appoint Monroe A. Coog1er, Jr. as City Judge,
seconded 'by Mr~Wallace. Mr. DeLong moved that naidnat:lonsbe closed.
J:Ul. Harmening' gave brier baclcground infonnation aboat M~. Coogler.
Motion .' cart'ieq. 5-'0.
Judge ad J..item
Action was deferred until. the next: meeting'.
City Prosecutor
M1:. Roberts naninated Louis H. casson for City Prosecutor, seconded by
Mr. Hameni.ng.
Mr. DeLong moved that the naninati.ons be closed, seccm.ded by Mr. Wal.lace.
Motion car.ried 5-0. Motion to appoint Louis Casson as City Pt'OSeCUtor
carried 5-0;
City Manager
Mr. Wall.ace suggested s~ce we are wi:thCl'ttt a Ci.ty Manager 1:ha1: the City
Clerk. be in charge of Cj:t:y Hall, am that all pertinent decl.sions be
refexored to the City Council until. a City Manager i..s appointed.
Mr. Wallace moved that in the absence of a City Manager, the city Councll
willaC't as City Manager and ebe' C:i.ty Clerk will be in cha1"ge of City
Hall, seoondedby Mr.' Da'Long. Motion ~ed 5-0. '
Appo:intments to' Boa%rds and Camnittees
" .
M:r;-. Robert,S" suggeste4 that, no on~~, ~ on IDOJ:tIe than one ~~
. I~ is Jlot fa.1r to. :unpos,e'burdenS on them, and po$S:l.bly cannot attend
to their dut:l.es.'
Mr. D~LOrig moved. that. JD8IIIbeN appointed to a board can only s~e an
one b~ at a t3meJseeonded by Mr;. W~ce.. !foeioo. carri.ed 5-0.
-2-
218of289
10.C
CITY MANAGER'S REPORT
April 20,2010
':.';;""';~ -~
/( (~
^~:i,'_{
.'. >/::.J'
r~ 'L'"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 181 CITY MANAGER'S REPORT
0 AN NOUNCEMENTS/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: Approve a proposal from Academy Roofing & Sheet Metal
Co. for the installation of a temporary rubber roofing system at the Old High School in the amount of
$18,800.
EXPLANATION OF REQUEST:
On October 7,2008 the City Commission authorized taking the Old High School back from the
CRA. Once the transfer occurred staff secured all doors and windows and no other repairs
were completed upon waiting for a determination regarding demolition or remodeling of the
building.
The building has major maintenance repair issues one of which is the entire roofing systems.
The domed roof over the gym has holes and rotting deck material, the skylights are failing and
the flat decks are not draining and retaining water.
In August of 2009 staff contracted with Petersendean Roofing and Solar Systems in the
amount of $3,347.55 for a temporary tarp to be placed over the gym to reduce rain water
intrusion in to the building. The tarp is only a temporary solution and presently the tarp is
ripping due to winds and material deterioration.
Staff is recommending that a temporary rubber roof be placed over the gym and skylights. The
material proposed is a one layer .045 EPDM that will provide a more durable tarp system. This
will not address any rotting decking but will limit the rain water intrusion until a final resolution
of the disposition of the old high school is determined.
2190f289
Staff has received three quotes and is recommending that the lowest proposal be approved to
Academy Roofing & Sheet Metal Company in the amount of $18,800. In addition staff is
requesting a 20% contingency ($3,760) in case of unforeseen problems during the mechanical
fastening of the temporary roof system, i.e. wood replacement.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Currently, there are no City programs or
services conducted in the building.
FISCAL IMPACT: Funding for this request is coming from CIP, General Infrastructure Upgrades,
Project #CP0812, account #302-4101-580-62.01 in the amount of $18,800.
ALTERNATIVES: Staff believes it important to discuss water intrusion into this structure. Over
the last several years, a number of redevelopment and demolition alternatives have been
discussed. Therefore, no permanent, and very costly, roofing maintenance has been budgeted
or performed. It is the opinion of staff that water damage to the interior of the building,
combined with lack of dehumidification via an operational HVAC system, has led to interior
damage so significant that complete interior renovation is necessary. Therefore, it may be the
most fiscally prudent decision to "do nothing" at this time while recognizing that appropriate
roofing repair measures will be undertaken during any future renovation, assuming this
renovation is contemplated in the next two to three years.
220 of 289
~~~
Scope of Work & Proposal
To:
Attn:
Ph:
Fax:
Garland Company
Brian Gerard
561.685.6999
561.649.8049
Date:
lob Name:
March 10,2010
Boynton Beach Gymnasium
We Prooose The Following: ApproL 7,490 Sq. Ft. (flat)
Detalled Scope as Folio.. foc F1at:
I. Provide and install one layer .045 EPDM to entire roof area as a means to temporarily waterproof existing
roof. EPDM to be mechanically fastened as deemed necessary by existing field conditions.
2. Two existing skylights to be removed and plywood is to be installed over opening. Plywood areas to receive
EPDM flashing as necessary to ensure watertightness.
3. Leading edges of roof will be fastened using termination bar to ensure attachment of EPDM.
4. A crane will be utilized at all times as anchor fur safety harness' for men working on roof. This is deemed
necessary by the building height and configuration as well as eltisting conditions of roofing substrate.
S. Lifts placed at exterior of building will be utilized for men working at perimeter of building. Workers will
be tied off using safety harness at all times.
6. No wood deck replacement is included in this proposal as this system is to cover existing roof and no "tear-
off' is to be completed.
7. This roofing system is a temporary "dry in" system. No warranties by Manufacturer or Academy Roofing
will be supplied at completion of this work.
COST OF SERVICES:
Base bid: Eighteen Thousand Eight Hundred Dollars and 00/100 -------------------.------.-----..--.-- $18,1100.00
Additional Work:
1. Hourly Rate of $80.001 Hr., Travel & Materials + 15%
2. This project is bid for one mobilization(s) for this project. any additional mobilization due to roof being
sectioned off or the total project not being ready at arrival will be $2,500.00 above contract price.
OWner ResDOlllibilitv:
. Interior protection of equipment and property - (Academy will coordinate its daily schedule with owner to
allow time for interior protectiOll to be in place before roofmg).
All work needed to di8c0lUleCt. reiDStllll. and or code upgrades to: mechanical. eleclrical. lightning protection
and satellileS will be by owner, work relllled to rooftop equipment to allow for the imtallatioll of the new roofing.
Any additional permitting and engineering needed from submitting NOA for approval & roofing permit.
The Owner shall be solely responsible for tbe sOlmdness and structural suirability of the building to accept the
work: of this contract. The Owner shall review such items as, but pol limited to. load bearing capacity, clew point
and vapor ll'llnsmission calcuiatiol1&. Further. the Owner shall undertake such precautions as arc necessary to
protect the furniture. furnishing. fixtures or contents of the building duringlhe perfOl'll1llPCe of the work and take
full responsibility therefore and Academy shall have no Ilablility for any da1nage thereto.
150 \ NW \ 2'" A VI!., POMPANO BEACH, FL 33069 LIC#: CCC1325943
PH: (954) 935-9996 F.uc: (954) 935-9997 TOLL FREE: 877-ROOFOOI
2210f289
~~!~
Scope of Work & Proposal
General Exdusiolls:
}> All work not specifJCally described or re3SOIIably inferable from Detailed Scope listed above.
}> All work associaled with discouoecting or n:locating or reconnecting Plumbing, HV AC. communications, electrical or
other sySIemS will be the responsibility of the owner.
}> Academy rooftng shall be allowed complete access 10 the site to perform its work 11ereunder, including access 10
driveways and paved areas leading 10 or adjacent 10 the site of the work. The Owner shall secure a1l necessary
pennissions required to comply with this paragraph prior to the start of work.
}> Costs for interior or exterior proccction of property or 1andscaping.
}> The following items are nOl included in Ibis work order unless otherwise specifically stated in the detailed scope of
work set out above; repairs 10 the roof deck, installation of wood or cant snips, furnishing or installation of sheet metal
or roof drains, repairs or a1teratioo to the building other than \he roof, identification and/or abatement of Asbestos
Conwlling Material, or work preparatory or incidental to these items. Academy shall not be responsible for any
damage incurred due 10 nails or screws peootrating the roof deck or for damage incurred 10 anything secured or
anachcd to the roof deck, joists or any other roofing stnJCtW'e member which becomes loose, unsecured or falls as a
result of the roofiog work under this COI'IttaCt.
,. Academy sball not be responsible for damage or delay due 10 strikes, fires, accidents or other causes beyond its
reasonable control.
}> Academy Roofing is not responsible for damages resulting from (a) water penetration from existiog system inlO the
building resulting from mosibIM contained or trapped in or under the wsting system, (b) penettation of dust, dirt or
mold intc building resulting from tear-off or over\ayment.
General Notes:
FINANCING.: Own<< autborius Academy to investigate its credit history by obtaining consumer reports, personal credit
history on the officers/owners and 10 make direct inquiries of any business where Owner bas accounts. Owner agrees to furnish
evidence of financial creditworthioess 10 the satisfaction of Academy upon the request of Academy. Acceptable
creditworthiness shall be established 10 Academy's satiSfactiOll before Academy begins work. 01\ the project.
PAYMENT TERMS. Depending on size and scope of project a pcn:eutage of the contract will be required as a down payment.
An additiOllal 30% due upon delivery of materials to site and moblizatiOD. The remaining contract shall be invoiced Tl\Olltbly
based the amounl of work completed. Academy s.ba1I deliver final approvals from governmental authorities, a final release of
lien and applicable warranties as stated in proposal. For aU progress billings we require a maximum of NET 30 days, if payment
is 1101 received a lien will be filed within the nellt 15 days for collections pw:]lOses. 18% APR will be charged OIl a monthly
basis for all payments nol paid within 30 days from invoice date. Notice To Owner paperwork will be filed with the
governmenl immeidately after materials are delivered on the project. If default be made in the payment of any of the sums
mentioned herein then the principal sum and accrued interest shall both bear interest from such time until paid at the highest
rale allowable under the law of Florida and Academy Roofing lit S'-t Melal may collect any sums due in court and recover all
costs incidental to such sui t, includigD reasonable attorneys' fees and costs.
P9NDING WATER. The Owner shall investigate and determine, prior 10 the beginning of the work of Ihis contract, whether
its roof is designed to ensure positive drainage prior 10 the beginning of the work under this contnlCt, and wheth<< it wishes to
redesign the roof to accommodate the requirements for posili ve drainage. Academy makes no representation regarding the
positive drainage aspectS oC the existing roof condition and shall nol have any responsibility for a Ponding WlI1l:I" condition
that results from a roof structure that has IIOt been desigDed to achieve Positive Drainage as defined by the National Roofing
Contraclors As.wciation (NRCA). Ponding Water is generally defined as roof surface thaI is incompletely drained within 48
hours after a rainfall.
.,
1501 NW 12Tl1 AvE., PoMPANO BEACH, FL33069 L1C#: CCC132S943
PH: (954) 935-9996 FAX: (954) 935-9997 Tou. FREE: 877-ROOFOOI
222 of 289
~Roofi~
& SHEET METAL co.
SCOpe of Work & Proposal
smucTURAL SUITABILITY. Academy shall provide the manufacturers specifications and recommendations for the
proper installation of the roofing materials 10 be installed pW'5uant to Ibis cODlract. Academy does not, either itself or through
its respresentatives, practice archilecture or engineering and offers no opinion on, and expressly disclaims any responsibility
for, the structural soundness of any roof deck on which roofing products may be applied. Opinions of competent structural
engineers should be oblllined by the OWllel" as 10 the struclural soll11dncss of the roof dec1c and its ability to properly support the
contemplated roof installation and the materials to be stored on it dming the instal1ation process. Academy shall DOt be liable
for any damages, costs or expenses that might arise lIS a result of any failure of the roof deck, either from ilS ability to suppon
the contemplated roof installation. materials 01' equipment. The Owner shall bold harmless and indemnify Academy from any
cost of repairs. consequealia1 damages, expenses arising from injury to person or property illCluding persons or propelty of
Academy as a result of such failure.
INSURANCE. Academy agrees to purchase and maintain for itself, in such amounts and to the extent required by law,
insurance coverages for workers' compensation, commercial gcneral liability and property insurance, and automobile liability
insurance and to carry Ibis insW"altce throughout the COlIr!e of this project. 1be Owner agrees to provide all risk buildm risk
insurance for the project at its cost in such IUtIOU1IlS as are sufficient to protect itself and Academy against loss of materials
installed or materials stored on the premises due 10 any reason not by Academy's negIigeuce. If the property insurance requires
minimum deductibles the OWllel" shall be responsible for payment of the additional costs not covered because of such increased
or voluntary deductibles. The insurance shall waive rights of subrogation. if any against Academy. 'The Owner shall ful'lher
purcha.'Ie and maintain such insurance as will insure the Owner against 1055 of use of the Owners property due to fire or other
hazards, bowever caused aud insurance to cover the Owner for bodily injury and property damage !bat may occur during the
course of the work. The Owner waives all right of action against Academy for loss of use of the Owner's propeny, including
consequential damages.
ADDmONAL CHARGES. This contracl incorporates all of the agreements of the panies to date. Any changes, alterations
or additions thereto shall not be binding or enforceable unless approved in writing by both parties. If directed verbally on-site
by an authorized rep. of the owner this will also result ~ a billing of cost and approval of such cost deemed by Academy as per
our additional costs staled above. Additional charges may result from any of the following: Addition or deviation from the
specifications herein described desired by the Owner, damage to our work by others; temporary protection of the building not
otherwise included in this contract; premature notice to stan work causing unnecessary trips; trips back to the job to repair
openings created after work is complete; and any labor required to be dOllC outside of nonnal busiDess hours or other conditions
not specifically sel OUI in the detailed scope of the work. Academy is not required to do additional work IDllcss a proper
Additional Work Authorization Form has been executed by Owner. AaKIemy will only perfOl'lll roof repIacemeDts or
overlays wben weather eoIldiIioIIs an suil8ble and we are the sole dedsioD OD weather risk, UDIess 0WDCr 8SlIWIIeS all
liablillty in wr:ItiJI&. AD downlo8dlng or preperadon for a burrleaue, storm or act of god shall be additional marges as
these actiollll are IIIIIDIUtory and in the best Interest of safety for the community.
MOLD & MILDEW. The Owner shall hold hannless and indemnify Academy from any and all damages, costs or expenses
of any kind. arising from any alleged or actual claim of of mold, algae, or fungus infestations arising oUI of lhe work of this
conlraCt. The indemnificalion shall apply. without limitation. to damages, costs and expenses (including anomeys fees) related
to bodily injury, property damage. and clean up expenses caused directly or indirectly in whole or in part by mold. including
fungus and mildew regardless of the COst, event, material. product or workmanship thai may have contributed concurrently or in
any sequence to the injury or damage chat occurs. This limitation of liability is expressly agreed to and understood by the
Owner as a necessary condition for Academy to enter inlo this contract because of the lack of insurance coverage available in
the standard market for such problems. It is agreed by the Owner !bat this clause is supported by adequate consideration in
whatever amount is required by law and is a valid and enforceable term of this conlraCt and an acceptable limitation of liability
to induce Academy to enter inlo to this conlnlct with the Owner. ]f the roof membrane is to be installed over an existing
system. Academy shall have no responsiblitiy for water penetration or mold growth chat occurs as a result of moslUre contained
in lhe old. or former, system.
1501 NW 12'''' AVE., PoMPANO BEACH, FL33069 Llc#: CCC1325943
PH: (954) 935-9996 FAX: (954) 935-9997 Tou. FREE: 877-ROOPOOI
~
223 of 289
~~!!~
Scope of Work & Proposal
FINAL PAYMENT. The making of final payment sball constitute a waiver of all claims against Academy by Owner except
for those claims arisiag from (a> UDSettled liens from subconlnlctors or material suppliers of Academyon this project. and (b)
the terms of any gua.rantee or warranty issued pursant to this conlraCt. The makill8 of final payment bereunder shall be a
condition precedent to receiving the guanllltee or warranty set out in the scope of work.
INTEGRATION. This Agreement represents the entire and integI1lted agreement between too Owner and Academy and
supersedes all prior negotiations. representations or agreements, either written or oral. 'Ibis Agreement JDllY be ameoded only
by writlen instrument signed by both Owner and Academy Roofing. in any additiooal CODtnICtS made by either party this Scope
of Wark & Proposal shall constitute an Exibit of the Contract. Should leaks occur after completion of installation of the rooting
system, inspections or repairs performed by contractor shalJ be treated as warranty matters, and such circumstJU\ces shalJ not be
grounds for withholding payment of the contract price.
ACCEPTANCE. This proposal shall remain in effect until 5:00 pm on the date that is thirty (30) days from tbe date set out
above. If the proposaI is not accepled by the Owner prior to that time by authorized signature in the provided below and receipt
of such signed proposal in the office of Academy, then the proposal shall become null and void.
ACADEMY ROOFING & SHEET METAL
DATE
OWNER/AGENT
DATE
A
1501 NW 12l1f AVE.. POMPANO BEACH. FL33069 LJdI; CCC1325943
PH: (954) 935-9996 FAX: (954) 935-9997 TOlL FREE; 877-ROOFOOI
224 of 289
The Garland Company, Inc.
Attn: Brian Gerard
RE: City of Boynton Beach - Cobb Gym
Scooe of work
Cobb Gvm - Base Bid #1
1. Contractor $hall Install OSHA apprOY8d fall protection syslem.
2. Contractor shall remove existing tarp and dispose.
3. Contractor shall install %" plywood over open holes in roof.
4. Contractor shalllnstall temporary EPOM .045 mechanically attached roof system.
5. Contractor shall installlermlnation bar at the perimeter of the roof system.
6. Contractor shall provide EPDM ftashings al parapet walls and roof lop penetrations.
7. Contractor shall remove (2) existing skylights and cover with %" plywood, EPDM and flash the skylight
curb to the existing roofing.
Price $22,775.00
'Noto' If porml18 are required for tho above acopesllddltlonol chary.... will apply for the pormlt proces.,
engineering, additional materia. and labor If required.
15885 Aeaembly loop Road Jupiter, Florida 33478 Phone 1181.824-8400 Fax 1l111~24-9189
Florida Contractors License Number ecc 039822
225 of 289
m - TECH ROOFING AND SHEET METAL, INC.
"Exceeding Expectanons"
2266 ~ A~"..e North
Lake Worth, FL 3.346Q
StlIte COIftnIdOl'S U_ iI CCC05'21.3
\
(561) 586-.3110
FAX (561) 5'6-5198
1I'WW.lU-tecJlrooji_g.COIII
AUTHORIZATION TO PROCEED ROOF REPAIRS
March 10, 2010
City of B~ Beach
22 NE r;/' Avenue
Boynton Beach, FL. 33425
RE: GYM Roof - Bid Item #1
LOCATION OF LEAKS OR WORK TO BE PERFORMED:
1. Provide and Install epdm temponlry roof over radius roof area.
2. Follow all current OSHA guidelines for fell protection.
3. Attach EPDM membrane as best .. possible to the stnJCture to prevent the membrane
from exc:eulve nuttering.
4. This Is not an approved or Code compliant roofing system. This Is not to be considered a
repair either. City accepts responsibility for any code violations and or legal
responsibilities.
Total Price
. S 39.100,00
I understand that I am authorizing a state licensed roofing contractor to perform work on the above listed
property(s). Furthermore, the undersigned duly pledges helshe is authorized to request and consent Ie said work.
All work shall be billed in accordance with this agreement All billings will be done on a weekly basis with no
retainage withheld. Payment in full is due one week after invoice date. Time and material rates shall apply as follows
if required:
Journeyman $80.00 per hour
Apprentice $70.00 per hour
· Plus Overtime Costs as applicable
. Plus cost of all materials, taxes, equipment or rentals.
. All materials, taxes, equipment or rentals will be maf1(ed up an additional fifteen
(15) percent for overhead and profit.
. There will be a daily trip charge of $ 250.00 per vehicle.
A. There are no warranties of any nature In connection with this repair work. OWner understands all legal issues
and has requested a non code compliant "tempo18'Y roof" . It is also understood and agreed that Hi. Tech
Roofing (and Hi-Tech Roofing's insurer) will be held hannless for alleged or actual damages/claims as a result
of mold, algae, or fungus. It is understood that Hi-Tech Roofing and our insurer will axclude all coverage,
including defense, damages relateclle bodily injury, property damage, and clean up expenses caused directly or
indirectly in whole or in part for any action brought my mold. including fungus.
Authorized Signature
Title
Print Name
Date
226 of 289
m - TECH ROOFING AND SHEET METAL, INC.
"Exaeding Expec1tui0llS"
2266 ~ AllClUle North
LGU Worth, FL 33460
Stille COIIIrtIcton Llcltue * CCC(J51J213
\
(561) 586-Jll(J
FAX (561) 5'6-51"
WIl'W.lU-teclrroojillg.co",
AUTHORIZA1l0N TO PROCEED ROOF REPAIRS
March 10. 2010
City of Boynton Beach
22 NE rJh Avenue
Boynton Beach. FL. 33425
RE: GYM Roof - Bid Item #2
LOCATION OF LEAKS OR WORK TO BE PERFORMED:
1. Contnlctor shall remove the two existing sky lights.
2. Cont...ctor"'lI deck ..... with 5/S" CDX Plywood.
3. COnt...ctor....." seal openlnsl with EPDM rubber down .nd onto the built up roof area.
4. Price Is conditioned upon owners IICCeptance and contracting with Hi-Tech Roofing on
Sid Item #1.
Total Price
. $ 1.700.00
I understand that I am euthorizing a state licensed roofing contractor to perfonn work on the ebove listed
property(s). Furthennore, the undersigned duly pledges helst'le is authorized to request and consent to said WO/1(.
All work shaH be billed in accordance with this agreement All billings will be done on a weekly basis with no
retainage withheld. Payment in full is clue one week after invoice date. Time and material rates shall apply as follows
if required:
Joumeyman $80.00 per hour
Apprentice $70.00 per hour
· Plus Overtime Costs as applicable
· Plus cost of all materials, taxes, equipment or rentals.
· All materials, taxes, equipment or rentals will be marked up an additional fifteen
(15) percent for overhead and profit.
· There will be a daily !rip charge.of $ 250.00 per vehicle.
· There are no warranties of any nature in connection with this repair work. Customer understands that the
Contractor cannot guarantee that the area repaired is the only area where repairs may be necessary. Additional
repairs will be performed on a Time and Material basis. It is understood and agreed that HI-Tech Roofing (and
Hi-Tech Roofing's insurer) will be held hannless for alleged or actual damage8lclaims as a result of mold. algae,
or fungus. It is understood that Hi-Tech Roofing and our insurer wHI exclude all coverage, incluclng defense,
damages related to bodily injury, property damage, and clean up expenses caused directly or indirectly in whole
or in part for any action brought my mold. including fungus.
Authorized Signature
Title
Print Name
Date
227 of 289
10. 0
CITY MANAGER'S REPORT
April 20, 2010
./~/~(.~
'\.
:';-!::
L' r'~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER ~ CITY MANAGER'S REPORT
0 AN NOUNCEMENTS/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: Review of the first draft outline of the City of Boynton
Beach Climate Action Plan, presented by Consultant COM.
EXPLANATION OF REQUEST: The City of Boynton Beach Climate Action Plan (CAP) is a long-
range comprehensive strategy to advance CBB's energy conservation and environmental
sustainability goals, and is critical to both the current and anticipated reportingltracking that
CBB is required to comply with on both the state and federal levels. The CAP will recommend
target reduction areas, policy recommendations for consideration by the CBB Commission,
and, ultimately, a detailed implementation strategy CBB can use to seek funding mechanisms.
Creating a city-wide CAP is a once-in-a-generation opportunity to embrace the economic,
environmental, and workforce development potentials associated with both federal and state
energy initiatives with obvious benefits to CBB's economy and quality of life.
Being presented for review is a first draft outline of the CAP for discussion, comments and
feedback by the City Commission. This item will be brought back to Commission on the June
15,2010 City Commission agenda for a second review and status update of pending
legislation related to energy efficiency and reduction levels of greenhouse gas emissions.
The final draft of the CAP will be presented to the City Commission for approval in July 2010.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No city programs or services will be
affected at this time; however, with Commission approval of the final CAP draft, staff would
begin a public awareness campaign for energy efficiency and conservation. Staff would also
implement changes to administrative policies and procedures and procurement policies to
encourage energy conservation within City operations, including both facilities and vehicles.
Green building code provisions would be incorporated into the LOR's, and Comprehensive
228 of 289
Plan amendments would be made, including an energy conservation element and policies with
respect to new City building construction. There would also be the development of a
legislative policy approach to monitor, track, influence, create, and revise existing and future
programs, regulations, and funding mechanisms in the energy, growth management, and
climate change arenas to support implementation of the CAP.
FISCAL IMPACT: None at this time
ALTERNATIVES: Do not allow presentation and do not accept/review draft CAP outline.
229 of 289
EXECUTIVE SUMMARY
The Challenge. Climate change, energy policy and sustainability are the defining challenges for
the 21st century. Since 2008, the City of Boynton Beach ("the City") has involved City
employees and citizens in creating policies and programs that will promote environmental
sustainability within the Boynton Beach Community. Through the creation and work of the
Green Task Force, Green Community Alliance, and Sustainability Team and the award of the
City's Energy Efficiency and Conservation Block Grant ("EECBG"), the City has made great
strides in defining, and creating, a cohesive approach to achieve a sustainable future.
The physical impacts of climate change are already in evidence and will expand and intensify in
the decades ahead. In July of 2009, the U.S. Army Corps of Engineers adopted new guidance for
incorporating the direct and indirect physical effects of projected future sea-level change in
managing, planning, engineering, designing, constructing, operating, and maintaining their
projects and systems of projects. It requires planning based on a low, intermediate and high
projection of using the current estimate of 1.7 mm1year of an increase for global mean sea-level
change. I Recently, the South Florida Water Management District published a report planning for
a 5-20" increase in sea level by 2060.2 The U.S. Environmental Protection Agency has also
recently published a report focusing on potential climate change impacts on water and coastal
resources.3 The physical impacts of a changing climate are matched, and compounded, by social
challenges such as rising energy, transportation and health care costs. Low-income and
vulnerable citizens, such as our elderly communities, face disproportionate impacts of climate
change including having fewer resources to respond to these changes.
Federal policy and regulations have included new principles to address energy security, climate
change, GHG emissions, and building efficiencies. Our state policy direction has also evolved
requiring local governments to incorporate energy efficiency building policies and OHO
reduction strategies into their requisite Comprehensive Plans and land development regulations.
For the time being, it is clear that these efforts of our state and federal government will continue
and increase. Based upon the inclusion of these new policies and regulations at the state and
federal levels, securing opportunities, including financial assistance, for implementation of the
I U.S. Army Corps of Engincers Circular No. 1165-2-211. "Waler Resource Policies and AUlhorities Incorporating
Sea-Level Change Considerations in Civil Works Programs" July 1,2009.
" "Climate Change and Water Management in South Florida", Interdeparunental Climate Change Group. SFWMD.
November 12.2009.
, "Overview of Climate Change Adaptation in the Southeastern United States with a Foeus on Water and Coastal
Resources", Office of Air and Radiation. Climate Change Division, U.S. Environmental Proteetion Agency, January
26.2010.
1
230 of 289
City's energy and climate change objectives will be more difficult without clear goals and
strategies.
In the spring of 2010, Monroe, Miami-Dade, Broward and Palm Beach counties signed the
Southeast Florida Regional Climate Change Compact supporting the development of a Regional
Collaborative Climate Action Plan. Although the signatories to this Compact are county-level
governments, the contribution of the municipalities towards the achievement of the Compact's
goals is no less important. With a clear focus on regional collaboration, supported by both the
Treasure Coast and South Florida Regional Planning Councils, the City of Boynton Beach will
be prepared to do its part to reduce its greenhouse gas (GHG) emissions.
A key component of achieving a sustainable future, securing funds and opportunities to address
these issues and participating in these regional efforts is for the City to create a Climate Action
Plan (CAP) that identifies baseline GHG emissions and outlines projects and strategies to
achieve its reduction goals.
The GHG Inventory and Emissions. The City has taken the initiative in developing the first
GHG emissions inventory within Palm Beach County. The GHG emissions inventory for 2006
establishes a baseline to measure energy use and GHG emissions from both the City of Boynton
Beach and the entire community. Understanding the major sources of emissions allows for
prioritized and informed decision-making regarding strategies to reduce emissions and achieve
the City's goals.
GHG emissions from City operations in FY 2006 were approximately 29,334 metric tons of
GHG carbon dioxide equivalent (MTC02c) with the largest sources of emissions being water
treatment (29%), wastewater treatment (24%), buildings and facilities (20%), and the City's
vehicle fleet (15%). The City of Boynton Beach's total GHG emissions from the community-at-
large (excluding City operations) in 2006 was 931,305 MTC02c including emissions from
electricity, natural gas, and fuel oil used in residential, commercial, and industrial buildings,
transportation, and solid waste disposal. Transportation-related emissions (48%) were the largest
sources of emissions from the community. The combined total of all GHG emissions was
960,639 MTC02c. On average, this translates into 14 MTC02e per capita which is less than the
Florida (19) and U.S. national average (24).
The GHG inventory includes projections of GHG emissions in the future under three forecast
scenarios. Scenario 1 is a "Business as Usual" approach based on population trends of what the
emissions can be expected to be if no additional actions are taken based on certain assumptions.
Scenario 2 is a forecast projection of required GHG emissions reductions based upon the U.S.
Mayor's Climate Protection Agreement. Scenario 3 is a forecast projection of required GHG
emissions reductions based upon existing Florida policies on reductions among other
assumptions that is not legally binding.
2
231 of289
Overall, the CDM GHG Emissions Inventory report recommends a 3% reduction in GHG
emissions for City Operations by 2012, a 13% reduction in emissions by 2025 and an 18% GHG
emissions reduction by 2035 based upon the difference between BAD and Scenario 3. By
concentrating its efforts on its largest emissions sectors, electricity use from utilities and
building/facilities, the City will make the largest strides towards achieving its goals and have the
best monetary payback. CDM estimates that if the City is able to reduce its GHG emissions by
18% it will result in a cost savings of approximately $1.2 million.
Energy Efficiency and Conservation Block Grant.
The City obtained a $658,900 Energy Efficiency and Conservation Block Grant (EECBG) from
the federal Department of Energy (DOE). These funds have been used for three components.
Component 1 was to complete the application to the DOE to obtain the entire amount of funding;
this was successfully concluded in March 2010. The application to DOE required the City to
identify capital projects that would reduce GHG emissions and the carbon footprint of the City.
For Component I, the City has focused its efforts on the Ezell Hester Community Center (Hester
Center) by proposing the following activities:
First, to replace the lighting at the Hester Center ballfields, Existing energy inefficient lighting
at the ball fields (football, baseball, basketball, handball, tennis) will be replaced with high-
efficiency "Green Generation Fixtures." The existing 112 - l500W fixtures will be replaced with
84 - 1500W fixtures with an annual energy savings of 20%. Second, existing T-12 fluorescent
fixtures numbering about 224 will be replaced with an equivalent number of T-8 fixtures inside
the Hester Recreation Center; it is estimated that the lighting savings will be in excess of 50%.
In addition, 29 - 400W metal halide high-bay lights in the gymnasium will be replaced with an
equivalent numberofT-5 fluorescents. 1bird,motion sensors will be placed throughout Hester
Center to capture further energy savings. Fourth, appliances inside of the Hester Center will be
replaced with new Energy Star appliances. Three refrigerator/freezers will be replaced with one
Energy Star refrigerator and one Energy Star freezer. One industrial ice-maker will be replaced
with one Energy Star ice-maker. Fifth, window tinting will be employed that will reduce air
conditioning (AC) usage. If funding is left after these activities, the roof of Hester Center will be
coated with reflective paint that will secure additional AC energy savings.
Component 2 was for development of the GHG Emissions Inventory that was presented to the
City Commission on April 6, 20 I O. Component 3 is for development of this CAP which
comprises the implementation mechanism for reducing GHG emissions identified in the
inventory.
3
2320f289
Cost of Inaction. Not taking action to reduce GHG emissions will cause the City to continue to
bear excessive costs for inefficient energy usage associated with both electricity and fuel. The
cost of both fuel and electricity are anticipated to rise in the future. City buildings can reduce
their electrical costs by installing energy efficient lighting, motion sensors, heat reflective
window film, reflective roof coatings, and upgrading HV AC systems and appliances to Energy
Star. City water and wastewater facilities can consider improved energy efficient pumps,
operations and waste treatment. Not implementing GHG reduction measures may make the City
ineligible for federal or state funding opportunities in the future. Continuing on an energy
inefficient path will have a disproportionate impact on low income and senior living areas as
costs continue to rise. A lack of regional coordination may result in lost opportunities for cost
savings through intergovernmental coordination in planning, monitoring and purchasing of
energy efficient products. Climate change is certain. Sea level is rising on the east coast of
Florida, atmospheric temperatures are increasing and the amount of carbon dioxide responsible
for the "greenhouse effect" is relentlessly increasing due to the unbridled use of fossil fuels.
However, the timing and magnitude of climate change is still subject to scientific debate. If sea
level continues to rise as projected, City infrastructure will in time begin to show vulnerabilities.
Financial conservatism dictates that critical and new infrastructure is adapted to the impacts of
climate change to avoid expensive future replacement costs.
The Strategy. Even though the City's GHG emissions are only 3% of the community-wide total,
the approach to the CAP is to first focus on government operations and policies for a twofold
purpose. First, the City recognizes the need to establish an achievable goal to reduce emissions
within their control. Second, the City should lead by example and demonstrate to the community
that specific targeted actions to reduce emissions can have quantifiable and cost-saving results.
By virtue of the City's provision of water services and SCRWWTP's provision of wastewater
services, community-wide actions are necessary to reduce the City's carbon footprint even
though the City is not in direct control of those demands. In the future as further regulations
require, the City may either consider or need to develop a target for transportation community-
wide GHG emissions primarily because transportation is responsible for a large percentage of
community-wide emissions. To draft this CAP, CDM worked with City staff to identify the
objectives and recommended actions most likely to foster the long-term changes necessary to
achieve its goals. Key criteria in developing the actions were the magnitude of emissions
reductions, the scale of economic and community benefits from achieving the goals and the
feasibility of the actions along with the ability of the City to facilitate their implementation.
This CAP recommends actions in all of the categories addressed by the Green Community
Alliance to put the City on a path to reduce its GHG emissions. The CAP focuses specifically on
how to reduce GHG emissions in City Operations by 18% by 2035 and then additional
qualitative strategies to reduce GHG emissions community-wide. As indicated by the GHG
emissions inventory, the 18% reduction in City Operations translates to a 25% reduction in
4
233 of 289
electrical usage or a 23% reduction in electrical usage with a 10% reduction in fuel consumption
by the City's vehicle fleet. Reductions in energy usage need not wait until 2035 but may be
attained as quickly as the City is able to move forward.
It is apparent that major reductions in electrical usage will be required in: 1) buildings and
facilities, 2) water delivery facilities that include both the lime-softening and membrane
treatment water treatment plants, and 3) wastewater treatment at the South Central Regional
Wastewater Treatment Plant (SCRWWTP). In addition vehicle fleet fuel consumption will need
to be reduced although to a lesser percentage than electrical usage.
Modify City Operations. Policies and Procedures
CDM recommends that energy conservation measures be developed for all four of the above
sources of emissions. Potential activities associated with each are indicated below.
Buildings and Facilities. Experience described above with the Hester Center indicates that an
energy audit followed by retrofitting lights and appliances along with other improvements can
result in significant savings. Energy consumption will be reduced by 25% with new ball field
lighting at Hester Center. ReplacingT-12fixtures with T-8 fixtures within the community center
will reduce lighting expenses by over 50% particularly with the addition of motion sensors that
automatically turn lights off with no room occupancy. White reflective roof paint, window film,
and changing out older computer equipment and appliances with Energy Star appliances will
also bring about further reductions in electrical usage. HVAC increa<;es in efficiency are also
potentially possible with higher EER ratings of air conditioning units although this was not done
at Hester Center because of financial limitations. As part of a City facilities energy audit,
building insulation should be examined to determine the cost benefit of adding additional
insulation above the ceiling. FPL has indicated their willingness to conduct free energy audits of
the top building/facilities within City Operations to benchmark existing usage and to recommend
conservation measures. In addition, FPL has offered rebates to the City for the implementation
of new energy efficient equipment and fixtures such as direct expansion AC systems, ceiling or
roof insulation, on-call AC, heat recovery unit or heat pump water heaters, energy efficient
lighting, energy recovery ventilation, chiller incentives, demand control ventilation, high
efficiency lighting and reflective roof paint.
Water Delivery Facilities. Water delivery facilities generate GHG emissions primarily through
using electricity to pump water. Thus, pump efficiency is very important. The Utilities
Department has indicated that they will be conducting an energy audit to determine
improvements that could reduce their electrical costs. Because water delivery is directly related
to water demand, a reduction in demand will reduce energy usage. Consequently, water
conservation is keystone to reducing electrical costs associated with pump operations. The City
5
2340f289
is required by the South Florida Water Management District (SFWMD) to have a Water
Conservation Program which includes the following eight attributes:
1. An ordinance limiting landscape irrigation to, at minimum, the District's year-round landscape
irrigation conservation measures as specified in Rule 40E-24.201 F.A. C. This rule allows
irrigation three days per week in Palm Beach County.
2. An ordinance requiring implementation of Florida-friendly landscaping.
3. An ordinance requiring the installation of ultra-low volume plumbing fixtures In all new
constrUcti on.
4. An ordinance requiring a rain sensor device or automatic shut off with the purchase and
installation of an automatic lawn sprinkler system
5. Adoption of water conservation rate-based structures
6. Implementation of a leak detection program when unaccounted for water losses are greater
than 10%
7. Determination of the feasibility for making reclaimed water available
8. Implementation of water conservation public education programs
Pursuant to the City's most recently issued SFWMD consumptive use pennit the City is required
to reduce its per capita usage by 8 gallons per capita day (OPCD). This pennit also requires the
development of a long interconnection uniting the western wellfield with the eastern water
treatment plant, and development of an extensive reclaimed water system. The components of
the Water Conservation Program most likely to reduce water usage and consequently energy
usage are: reducing unaccounted-for water and decreasing outdoor irrigation. Reducing
unaccounted-for water may reduce water and energy usage if the losses are due to leakage from
pipes. An aggressive outdoor water conservation program will provide large benefits because
about 50% of water used is for outside irrigation; reducing outdoor usage may be accomplished
through further incentive programs, rain sensors, regulatory controls such as watering
restrictions, conservation rate structures, encouraging or requiring Florida Friendly landscaping,
limits on the size of lawn area, and the types of grass and plants allowed. The SFWMD currently
limits irrigation to three days a week although other communities have gone to two days per
week. The City may elect by ordinance to further reduce the days or hours of irrigation use or
encourage low-volume irrigation that may be used without restriction on days irrigated.
Further actions could also include installation of water efficient fixtures and toilets in City
facilities and generally throughout the community. Cisterns and rain barrels can assist in the
capture of rainwater by homeowners that can be used to reduce irrigation demands on the City.
Water Sense. Energy Star and the Florida Water Star programs can all serve as standards and
certifications to encourage water efficiency in buildings and residences. The water utility's rate
structure should reflect the true cost of water in view of increased commodity costs while not
adversely impacting the rates for customers with minimal use of water. Finally, it is
6
235 of 289
recommended that the City plan for and ensure the protection and/or adaptation of new
infrastructure against future sea level rise and associated saltwater intrusion.
Wastewater Treatment at the South Central Regional Wastewater Treatment Plant (SCRWWTP).
The SCRWWTP is managed by a board consisting of the city commissions from both the cities
of Boynton Beach and Delray Beach. SCRWWTP was shown by the GHG emissions inventory
to be the largest individual source of emissions comprising about 17.9% of the City's total. This
includes just the City of Boynton Beach's portion of the emissions. This high percentage is due
to primarily electrical usage and to a minor extent the emission of N20 during wastewater
treatment. A recommendation of the CAP is for the City to discuss with the City of Delray
Beach the implementation of energy efficiencies at the plant based upon an energy audit. Often
these reductions in energy use can be significant consisting of improvements in the operation of
pumps, motors, blowers, aerators, and lighting.
Vehicle Fleet Fuel Reductions.
The City's vehicle fleet consisting primarily of solid waste, police and fire departments, water
utilities produces about 15% of the GHG emissions of City operations. These all comprise
necessary services of the City. To achieve a 10% reduction in fuel usage, the City can
implement many of the recommendations in the Green Community Alliance report including
development of an employee rideshare program, development of a vehicle idling policy, fleet
replacements with alternatively fueled and electric vehicles as well as high fuel-efficient
vehicles, adoption of a telecommuting program and a potential shuttle service between City
facilities and Tri-Rail. One method to achieve reductions is to investigate the use of alternatively
fueled and electric vehicles for administrative functions served by the City's vehicle fleet. While
certain reductions in City vehicle fleet fuel consumption are not feasible due to the nature of the
services that must be provided, it is important for the City to investigate the potential for the
most effective reductions that can be achieved.
Empower the Sustainabilitv Team with Responsibility for Implementation of the Commission-
Approved Climate Action Plan.
The City has created an inter-departmental Sustainability Team (Team). This Team should
report directly to the City Manager and have responsibility for implementation of the initiatives
of the CAP. The CAP should serve as the Work Plan for the Team. Measures to enhance energy
efficiency and conservation should be coordinated by the Team in future budget cycles and
through the capital and operations planning process. Monitoring of energy reductions should be
coordinated by the Team by use of free software such as the US Environmental Protection
Agency's Energy Star Portfolio Manager. Coordination with Palm Beach County, the Southeast
Florida Regional Climate Change Compact (Compact), and Treasure Coast Regional Planning
Council should be provided by the Team with an eye towards regional cooperation in reducing
7
236 of 289
the costs of products and services. Energy, climate change and sustainability related-legislation
at the state and federal levels should be tracked for its impact on the City. Various state and
federal rulemaking initiatives could have a future impact on the implementation of the CAP such
as rules related to GHG emissions reporting. The Team should make policy recommendations
for energy and cost savings for consideration by the City Manager and the Commission through
an annual update process.
Support a Regional Collaborative Climate Action Plan.
The City's voice wiIl be louder if the City participates in regional climate change efforts. The
City should attend the meetings, events and activities and coordinate with the Palm Beach
County Climate Collaborative and the Compact. The City should share its collective knowledge
with these entities as well as gain from them. Regional cooperation is beneficial and often a
requirement for state and federal funding opportunities. Regional cooperation may provide cost
savings if cities, counties, and the state piggy-back on products and services to achieve
economies of scale. For example, the development of a biofuels initiative among all four
southeast Florida counties may result in fuel supply and infrastructure at reasonable costs as
opposed to the City pursuing this initiative alone. Collaboration with the County and the
Compact on legislative policies will raise the awareness at state and federal levels on the
vulnerabilities of South Florida and the need for assistance.
Collaborate with Regional Transportation Agencies
In the GHG emissions inventory, the City's vehicle fleet comprising police, solid waste, and
water/wastewater vehicles contributed 15% of the City's emissions. City-wide transportation
contributed the largest portion of emissions released by the City amounting to 456,000 metric
tons or 48% of all emissions in 2006. This is primarily due to the usage of gasoline powered
vehicles. Improvements to the regional mass transportation system will reduce the current level
of vehicle miles traveled and collaboration with other agencies is essential to success. The City
should collaborate with Palm Beach County, the Palm Beach Metropolitan Planning
Organization and other regional transportation agencies, such as the South Florida Regional
Transportation Authority, in the development of an effective regional transportation network that
will remove vehicles from the road. With the largest sector of community-wide GHG emissions
stemming directly from personal vehicle use, prioritizing reductions from transportation is the
highest priority. The CAP proposes a three-pronged approach for targeting community-wide
reductions in this emissions sector comprised of increasing the connectivity of existing
transportation systems, increasing the energy efficiency of transportation infrastructure and
facilitating more use of alternatively fueled vehicles.
Through the use of improved bicycle and pedestrian modes of transportation, "greening" of
transportation infrastructure such as increasing the facilities needed to serve alternatively fueled
8
237of289
vehicles, the City is prioritizing quantifiable and visible transportation strategies. The objective
measure of these programs is reduction in personal vehicle miles traveled (VMT), but achieving
all the recommendations should be the ultimate measure of success.
Develop Alternative Energy Programs and Facilities
Even though certain renewable energy policy decisions are not within the direct control of the
City, creating incentives and encouraging the use of renewable/alternative energy sources
through development and construction decisions can have an influence on the City's overall
carbon footprint. The City should establish its own goals to increase the use of renewable energy
sources. The City should consider "leadership by example" through development of a
demonstration solar photo voltaic (PV) system and/or solar hot water system to decrease
electrical usage at City Hall and other City buildings. Additionally, the City can assure its
policies and processes create incentives for higher levels of energy efficiency in new
construction and major renovations. The City can implement programs to reduce energy use in
existing buildings and homes. The City should undertake pennitting fee incentives as
appropriate for the development of alternative energy programs such as solar hot water heating
and PV electrical systems as well as retrofitting existing buildings with energy efficient HV AC
and energy efficient lighting and the use of alternative fuels (biofuels and electricity).
Increase Recycling and Environmentally Preferred Procurement Policies
Within City operations, the City should move towards a reduction in paper and increased
utilization of electronic forms and communications. The City should consider the adoption of
environmentally preferred procurement policies to purchase products made with recycled
materials with reduced packaging and toxicity. To enhance recycling the City should consider
the implementation of single stream recycling. The City can also establish appropriate recycling
(including electronic waste) .and composting targets and policies. Finally, this initiative could
include standards for purchases prohibiting those that contain CFC's or HCFC and requiring
vendors that work with the City to meet certain green standards for their products and services.
Provide Community Engagement and Education
As a logical progression from concentrating on government operations and policies, the way to
affect people's behavior and secure long-term commitments to reduce community-wide
emissions is through educating the community about the importance of their contribution to
achieve the CAP goals. While the City has no direct control over the utilization of electricity and
fuel by residents, it is apparent that education about the benefits, primarily cost, of reducing
energy usage is necessary to reduce the community's production of GHGs. The City should
provide community outreach and education about climate change and actions that can reduce in-
home expenditures as well as mitigate future increases in GHG production that promote climate
change. The City should continue to support assistance programs to low income households
9
2380f289
such as the Federal Weatherization Assistance Program to increase energy conservation at
existing homes. The City should design an education and marketing program to inform residents
about the CAP, the benefits from implementing the Plan and their respective role in helping to
meet the goals. Use of City newsletters, the website, library programs, social media and
providing information through utility bills should all be considered in the cost-effective
development of the program. An annual update of the CAP's progress will assure continued
educational opportunities for the community. Through actively educating the community about
the existence of the CAP and providing resources for residents to educate themselves about the
benefits from its implementation, the City is providing multiple avenues for the residents to
engage.
Amend the City's Comprehensive Plan
A key to the success of the CAP is to assure long-term and short term policies are aligned to
facilitate its implementation. Existing mechanisms should be used to implement these actions
and evaluate progress towards achieving goals including adapting and revising its strategy as
necessary. Because 2008 legislation required that localgovemments include GHG reduction
strategies into four elements of their Comprehensive Plans already, CDM recommends that CAP
implementation occur by similarly incorporating its recommendations into the Comprehensive
Plan and Code of Ordinances as appropriate and required. This serves a two-fold purpose in
meeting the requirements of this legislation as well as providing an implementation mechanism
that can be updated as the City's goals and priorities change. At a minimum the Conservation
Element, Housing Element, Future Land Use and Transportation Elements will all have to be
amended to include GHG reduction strategies. Some of these strategies could include multi-
modal transportation and land use mapping, setting targets for renewable energy generation,
establishing priority goals, objectives and policies to encourage energy retrofitting and
establishing goals for increasing the number of mixed use projects to reduce vehicle miles
traveled. Other recommendations of the CAP, such as those related to City operations, can be
incorporated into the Intergovernmental Coordination (at the County and regional level), Solid
Waste (recycling targets), Potable Water and Sanitary Sewer Sub-Elements (energy auditing) as
well as the Capital Improvements Element. Finally, the City should consider adoption of a new
element of the Comprehensive Plan. an Energy Conservation and Adaptation Element, pursuant
to Section 163.3177, F.S. to capture all remaining CAP recommendations such as those related to
climate change mitigation planning.
Additionally, the GHG Inventory contained in this document should be updated every 3 years to
assure accuracy of data for decision making. Measurement and monitoring of progress towards
reaching goals should be done by annually. In particular, the City should link the capital
improvement planning process with this annual re-evaluation to capture new funding
opportunities enabling implementation of the projects and policies that will help the City meet its
OHO emissions reduction goals in relation to its operations. This annual process will also help
10
239 of 289
identify additional changes necessary to the Comprehensive Plan allowing the CAP to reflect
updated laws and rules. Finally, in the longer term, the City should continue to revisit the CAP
in the Evaluation and Appraisal Report for the City's Comprehensive Plan taking place every 7
years pursuant to Section l63.319l, F.S.
Amend the Citv's Code of Ordinances
Existing residential and commercial electricity uses are the primary emitters of community-wide
GHG emissions after transportation. With the City predominantly built out, the City will have
limited influence on the ultimate placement of land uses throughout the community and instead
the recommendation is that the City concentrates its efforts on redevelopment opportunities.
Coordination with community improvement and redevelopment initiatives, funding sources and
programs could increase opportunities to achieve this goal. In conjunction with its transportation
goals, connecting existing land uses to reduce VMT will also be a key land use and development
strategy. Code changes to consider are the development of a green building ordinance,
appropriate incentives such processing approvals and pennits, t100r area ratios and other
appropriate building and development incentives. Incentives should be tailored to result in
projects that go "beyond Code" such as net zero energy buildings/homes or those that integrate a
significant number of energy and water conservation measures.
Pursue Alternative Funding
CDM recommends that the City fund its CAP efforts through three sources: grants, use of the
City's renewal and replacement funding, and by use of performance contracting through an
Energy Services Company (ESCO). A significant benefit to having a CAP is that when grant
funding opportunities become available, the City will be able to quantify the benefits of
implementing projects and programs. Energy audits conducted pursuant to CAP
recommendations can used to prioritize actual projects that can be funded with grants. Second,
many funding programs require certain policies to already be in place before an applicant can
qualify. such as green building provisions. Finally, when a new opportunity opens, the City will
be able to apply quickly because it already has a CAP in place.
Renewal and replacement (R&R) funds can be used to replace old equipment with newer energy
efficient equipment. Old AC, lighting, pumps, motors and blowers can be replaced with high
energy efficiency ones. Low fuel efficiency vehicles can be replaced with high fuel efficiency,
alternative fuel, or electric vehicles.
The City's Green Community Alliance recommended exploring an ESCO partnership through
performance contracting as a possible approach to upgrading building energy efficiency in both
City and CRA buildings and facilities. Municipalities are encouraged to invest in energy, water,
and wastewater efficiency and conservation measures to minimize energy and water
consumption and wastewater production and maximize energy, water. and wastewater savings
11
240 of 289
through energy performance contracting pursuant to Section 489.145, F.S. Further,
municipalities are encouraged to reinvest any savings resulting from energy, water, and
wastewater efficiency and conservation measures in additional energy, water, and wastewater
efficiency and conservation measures. Performance contracting does not negatively impact the
City's capital budget but allows local governments to use energy savings to pay for
improvements through operational budgets. Investment grade energy audits are conducted by
the ESCO as the basis for funding energy savings. Energy savings are guaranteed by the ESCO
and the ESCO must pay the City for savings not met. As indicated by the Green Community
Alliance, performance contracting provides funding and removes a major barrier for making
needed upgrades to City facilities. CDM recommends that the City pursue performance
contracting associated with reductions in energy or water consumption, wastewater production, or
energy-related operating costs in all of its buildings and facilities including the water plants. To
the extent possible this should be expanded to the SCRWWTP through agreement with the City
of Delray Beach.
The City can also pursue establishing a dependent special district pursuanttoChapter 189, F.S.
known as an Energy Improvement or Financing District. This approach voluntarily allows
property owners and businesses to finance energy efficient retrofits, water efficient retrofits
and/or renewable energy projects. Establishing of the District simply requires passage of a City
ordinance but does not impact the City's capital budget. Such a voluntary program will
immediately reduce a property owner's energy costs, but allow the financing to be repaid over 20
years by the homeowner. The City could secure funds from private lending institutions, the
issuance of bonds or any other means available which are then paid back through non-ad
valorem assessments on a landowner's property tax bill. The City is required to structure the
program such that these improvements permanently affixed to the property. Given the amount of
emissions community-wide from existing homes and buildings, the priority should be placed on
energy related projects that result in both cost savings and reducing GHG emissions.
Overcoming Challen!!es to Implementation
While it is clear the regulatory framework both at the federal and state levels related to energy
use, efficiency and climate change has evolved quickly, it is safe to assume that reporting
requirements and reductions in emissions win be a reality. One of the challenges to
implementing the CAP is this rapidly changing regulatory landscape. Additionally, with the
evolution of increasing regulation comes the sometimes unintended effect of "competing" policy
goals. One example is the state's effort to increase the amount of water a utility uses from
alternative sources of supply such as withdrawals from the Floridan Aquifer. The unintended
consequence is that treatment technologies to meet drinking water standards require more energy
rather than withdrawing water from traditional shallower groundwater aquifers. Another example
is the important benefits of using reclaimed water to reduce water demands, yet the increased
treatment required that is energy intensive. If aggressive water conservation is implemented
12
241of289
resulting in significant reductions in water and energy use, the need to develop alternative water
supply sources and projects could be delayed or avoided entirely.
Finally, while these issues provide real challenges, the overriding challenge will be funding.
However, the alternative approaches to funding addressed above should address the City's need
for implementing immediate City operations and community-wide improvements which will
achieve near term cost savings and positively impact the City's and resident's budgets.
The CAP as a Living Document
The approach to the CAP includes two major strategies to overcome these obstacles. First, the
CAP includes policy recommendations and uses real data to prioritize projects that will make the
City more competitive for funding. Second, the process of tracking the success of the CAP, on
an annual basis, in conjunction with its capital planning process allows the City to constantly
monitor its successes and setbacks in achieving its goals. With commitment and community
education and outreach, the City can implement its CAP in a timely and cost effective manner
resulting in significant cost savings and environmental benefits.
Under the proposed CAP, the City could take up to 25 years to meet the 2035 goals. While it is
envisioned that major reductions will take place much faster, innovations in energy savings
technology both in electrical production, use and vehicles provide optimism about the City's
ability to achieve its goal. In 2010 it isn't possible to know how much easier it may be to meet
energy usage reductions in the next five or ten years. Implementation of the City's CAP will be
a dynamic process able to respond to changed technologies, conditions and circumstances
providing an exciting course of discovery as the City advances towards its energy efficiency
goal.
13
242 of 289
DRAFT FOR DISCUSSION PURPOSES ONLY
EnerlN and Green House Gas Emissions Rule and Statutory Reauirements
Mandate: HB 697
How it affects Camp Plan'/LDRs
Notes
The future land use plan element must be based upon Will require some level of coordination The relationship between inclusion of greenhouse gas
energy-efficient land use patterns accounting for with power providers on future facilities reduction strategies and the lDR50 is unclear. Section
existing and future energy electric power generation and will require inclusion of greenhouse 163.3194(1), F.5. does requires consistency between the
and transmission systems greenhouse gas reduction gas reduction strateg1es. Must be based two and Section 163.3201, F .5. requires tne Camp Plan to
strategies. Ch. 2008-191. LOF. upon surveys, studies and data regarding be implemented through the LORs.
the area and the amount of land for the
energy effiCiency land use patterns and
greenhouse gas reduction strategies2
Section 163.3177(6)(a), F.5.
The traffic circulation element must include Element must includes greenhouse gas Statute does not state anything about data and analysis
transportation strategies to address reduction in reduction strategies pursuant to Section regarding emissions from the transportation sector.
greenhouse gas emissions from the transportation 163.3177(6)(b), F.S.
sector. Ch. 2008-191, LOF:
The conservation element must include "factors" that Element must list "factors" affecting Statute does not distinguish where the "factors" should be
1 Effect on Comp Plan will also be determined by rulemaking for HB 697 Implementation. Will need to review ultimate date of rule adoption and transmittal of
Comp Plan.
1 Executive Order 07-127 established the following emission reduction targets:
By 2017, reduce GHG emissions to 2000 levels;
By 2025, reduce GHG emissions to 1990 levels; and
By 2050, reduce GHG emissions to 80% below 1990 levels
243 of 289
DRAFT FOR DISCUSSION PURPOSES ONLY
affect energy conservation. Ch. 2008-191, LOF. energy conservation. Section in the Comp Plan but seems to indicate they should be
163.3177(6)(d}, F.S. included in the general narrative of the element (data and
analysis or Technical Document) rather than goals,
objectives and policies.}
The future land use map series must depict "energy Statute states the future land use "Energy conservation" in this context is not defined and
conservation". Ch. 2008-191, LOF. element map or map series (under the definition is unclear pending outcome of rulemaking.
Conservation Element section) shall
generally identify and depict: "energy
conservation" .
The housing element must include standards, plans Section 163.3177(6)(1). F.S. states the Statute does not define standards, plans and principles for
and principles to be followed in "energy efficiency in "standards, plans and principles" shall be energy efficiency in new construction or use of renewable
the design and construction of new housing" and in included in the Housing element. Could energy sources. Likelv implication is recognition of
the lIuse of renewable energy resources". Ch. be an lOR issue too in terms of assuring requirements for energy efficiency in residential and
2008-191. LOF. energy efficiency requirements of commercial construction in the Florida Building Code.
Chapter S53, F.5. are met. Another implication could be to assure uses of renewable
energy resources are encouraged somehow in the
Comprehensive Plan. Requirement is not a goal, objective
or policy requirement, but appears to be a provision for
inclusion in the data & analysis, narrative or Technical
Document).
local governments within an MPO area must revise Will require addressing in either Traffic
their transportation element to include strategies to or Transportation depending on
reduce greenhouse gas emissions. Ch. 2008-191, LOF. jurisdiction.
Section 163.04, F.S. property owners cannot be denied Must review LDRs to assure nothing Encouraging same could be a greenhouse gas reduction
Inor can condominium restricts prohibIt solar works as a prohibition. strategy.
collectors, clotheslines or other energy devices from
3 Note that in Section 489.15, F.S. the legislature finds that energy, water and wastewater efficiency and conservation measures in agency facilities can reduce
the amount of energy and water consumed and wastewater produced and produce immediate and long term savings through encouraging political
subdivisions to invest in these measures through the use of energy performance contracting.
244 of 289
DRAFT FOR DISCUSSION PURPOSES ONLY
renewable resources.
Section 553.71, F.S. now includes requirement that the Florida Building Code is foundation for all IEee is a "standard" that serving as the basis to meet the
Florida Building Commission select the most current local building codes and Chapter S53, F.S. requirements mentioned above for the Housing Element,
version of the International Energy Conservation Code requires consistency between both. IEee "energy efficiency in the design and construction of new
("IECC") as a foundation code; however the IECC shall is a residential construction standard. housing" . S
be modified by the commission to maintain the
efficiencies of the Florida Energy Efficiency Code for
Building Construction adopted and amended pursuant
to s. 553.901, F.S.4
Section 553.886. F.S. requires the Florida Building Will have an effect on the LORs, could Similar language included in the Housing Element could be a
Code to "facilitate and promote the use of cost- provide direction in Camp Plan to meet "principle" to be followed in "energy effiCiency in the design
effective energy conservation, energy-demand Housing Element requirements. and construction of new housing" and in the "use of
management and renewable energy technologies in renewable energy resources".
buildings."
Section 553.9061 describes a schedule for increasing Will have an effect on the LORs, could Could be a "plan" to be followed in "energy efficiency in the
the thermal efficiency of buildings subject to the provide direction in Camp Plan to meet design and construction of new housing" and in the "use of
Florida Energy Efficiency Code for Buildings. The first Housing Element requirements. renewable energy resources".
increase is 20% over the 2007 version of the code
(updated every 3 years); 2013 edition must be 30%
more energy efficient; 2016 edition must be 40% more
energy efficient and 2019 edition must be 50% more
energy efficient.
Section 718.113(6), F.S. allows the board of May have effect on LDRs.
administration of a condominium the authority to
install upon or within the common elements or
4 The Florida Building Code Act of 1998 directed the Florida Building Commission to establish a statewide uniform building code known as the Florida Building
Code (2001 version was the first adopted in 2002) (Chapter 553, F.S.).
5 Note: Florida's 8uilding Code exceeds the 2oo61ECC by 17% in energy efficiency and is about 3% less than 2009 IECC (currently published version).
245 of 289
association property of a condominium solar
collectors, clotheslines or other energy efficient
devices based on renewable resources for the benefit
of the nit owners (without their approval I.
DRAFT FOR DISCUSSION PURPOSES ONLY
4
246 of 289
10.E
CITY MANAGER'S REPORT
April 20,2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 181 CITY MANAGER'S REPORT
0 ANNOUNCEMENTS/PRESENTATIONS n FUTURE AGENDA ITEMS
NATURE OF 0 ADMINISTRATIVE 0 NEW BUSINESS
AGENDA ITEM n
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: Staff presentation of Neighborhood Stabilization Program
(NSP) Work plan.
EXPLANATION OF REQUEST: City Commission requested presentation of the CitytCDC work plan
for acquisition of foreclosed properties to be acquired under the NSP program at the April 6
meeting. In addition to the attached chronology, staff will provide status to date on homes
under contract.
Staff will also be providing monthly progress reports to Commission beginning in May.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NtA
FISCAL IMPACT: NIA
AL TERNA TIVES: Nt A
247of289
Purchase Activities:
NSP Manae:ement Plan
~ Identify eligible bank owned properties for sale in the relevant areas.
~ Liaise with area Realtors and REO officers/specialists to determine sales price and any
seller's sales conditions and requirements
~ Negotiate discounted price, prepare sales/purchase contract and submit contracts for
acceptance/ approval.
~ When feasible, negotiate bulk purchase to minimize purchase costs
~ Conduct /facilitate all preliminary title reviews/searches to assure marketable title free
of encumbrances.
~ Serve as company /agency for acquisition of properties if required.
~ Function as lead for the various project tasks such as planning, construction, and
project implementation.
~ Secure surveys, and other relevant reports/documents needed to facilitate closing.
~ Provide quality Broker Price Opinions (BPO's), desk-top reviews, evaluations and market
assessments when needed.
~ Provide frame work, process guidelines and systems to manage the project, people
and workload to ensure project is on schedule and compliance with HUD's expenditure
time frame.
Construction Activities:
Work closely with the construction management team to ensure timely completion of construction
activity and mitigate delays. Coordinate the following activities:
~ Property inspections to determine scope of rehabilitation needed and estimated cost
of work.
~ Contractors/builders bid selection process.
~ Submittal, review and approval of all applicable permits
~ Preparation of Contract and Contract negotiations
~ Supervise Project progress to ensure contractors work is on schedule
Real Estate Activities:
~ Carry out all marketing, prospecting, and closing of all sales activity
~ Ensure compliance to state, local and RESP A laws
~ Maintain pool of eligible applicants/buyers
~ Assist applicants/buyers in obtaining mortgage approval
~ Perform all due diligence necessary to facilitate an efficient purchase and resale
process
~ Secure appraisals that accurately determine the pre and post rehab value of units
purchased.
~ Coordinate all closing activities
~ Secure and maintain all units purchased until sold to end buyers
~ Provide loan servicing for lease purchase/option properties until resale is complete
~ Conduct post closing follow up to ensure buyer's satisfaction
Buver Activities:
248 of 289
~ Screen all potential buyers to determine program eligibility for NSP funding
~ Provide pre and post home buyer education and credit counseling to all potential
buyers
~ Conduct credit review analysis to determine credit readiness for referral to lending
institution
~ Assist buyers in securing mortgage financing from private and public sources
~ Facilitate lease purchase /option process for clients interested in homeownership but
needing time for mortgage readiness
~ Prepare purchase contracts for all resale units
~ Maintain pool of qualified buyers.
Prepared By
Keturah Joseph
Executive Director
Boynton Beach Faith Based COC/R.M. Lee COC
April 6, 2010
249 of 289
Neighborhood Stabilization Program (NSP) Chronology
July 30, 2008 - The United States Congress approved Public Law 110289 - Title III of
the Housing and Economic Recovery Act 2008 (HERA). This Act appropriated funding
for emergency assistance for the redevelopment of abandoned and foreclosed homes
and residential properties. The act was funded at a level of $3.92 billion.
The Neighborhood Stabilization Program (NSP) is closely related to the Community
Development Block Grant (CDBG) program, resulting in the US Department of Housing
and Urban Development (HUD) relying upon existing CDBG requirements as the primary
guidelines for establishing rules.
NSP funds were awarded to CDBG entitlement communities based on each
communities local foreclosure and abandonment rates. All activities funded under the
program must be used to provide benefits to individuals and families whose incomes do
not exceed 120% of the median income. At least 25% of the grant must be expended on
the purchase and redevelopment of abandoned or foreclosed residential properties that
will be used to house persons or families whose income is at or below 50% of the area
median income. (Table 1)
Table 1. Palm Beach County Income Guidelines
2008 Median Income = $66,000
INCOME 1 2 3 4 5 6 7 8
LEVEL Person Persons Persons Persons Persons Persons Persons Persons
Very Low-
Income $24,200 $27,700 $31,150 $34,600 $37,350 $40,150 $42,900 $45,650
50"k Median
Low-Income $38,750 $44,300 $49,800 $55,350 $59,800 $64,200 $68,650 $73,050
80% Median
Moderate-
Income $58,080 $66,480 $74,760 $83,040 $89,640 $96,360 $102,960 $109,560
120% Median
September, 2008 - The City received notice of an NSP funding allocation in the
amount of $2,963,311 with a cutoff date of December 1, 2008 for submission of a
completed application for funding.
November 5, 2008 - The City Commission voted to give $400,000 of the City's NSP
allocation to the Community Redevelopment Agency (CRA) for the purpose of funding
the Ocean Breeze Project for first time homebuyer assistance in anticipation of matching
County funds. This would leave a balance of $290,000 for administrative expenses and
$2,273,311 for foreclosure acquisition and redevelopment.
November 18, 2008 - The City Commission approved Resolution 08-139, authorizing
submission of an application to HUD for NSP funding.
250 of 289
NSP Chronology Page 2
December, 2008 - The City was notified that the County did not have any funds
available to complete the required match for the Ocean Breeze Project, and on
December 18, 2008, City Commission removed that requirement.
March, 2009 - City receives HUD approval of its NSP Application with the following
specific condition regarding the resources required to implement the grant:
'The City received three times its FY 2008 CDBG allocation. HUD has
determined that any grantee receiving NSP funding in excess of three times its
FY 2008 CDBG allocation is at high risk that its management system is
inadequate to administer these funds. Since your NSP Grant Amount is greater
than three times your jurisdiction's FY 2008 CDBG allocation, the NSP Grant
Agreement contains a special condition requiring information to be submitted
demonstrating the adequacy of staff and other resources to administer the NSP
Grant. "
April 7, 2009 - The City Commission approved Resolution 09-060 adopting Policies
and Procedures to address the conditions specified by HUD regarding the
implementation of the NSP program. In this regard, Policy & Procedure number 2 states
that the City would be... "Using community/neighborhood friendly non-profit entities,
selected through a competitive process, that have experience in working with low
income buyers. It should be noted that the Department of Housing and Urban
development specifically encourages the use of such community and faith based entities
in its program. "
May 13, 2009 - City receives final approval of NSP application from HUD.
July 7, 2009 - The City Commission approved Resolution 09-091, providing for a
Memorandum of Agreement and authorizing staff to prepare a joint application to
compete for $20,000,000 in additional NSP (2) funding to be split evenly between the
City of Boynton Beach and the City of Delray Beach. The City of Delray Beach was
designated as the Lead Agency with Boynton Beach as a Partner Agency. This
additional funding, if the application was successful, was to be used for the acquisition of
up to an additional 100 foreclosed properties. The application was submitted on July 14,
2009.
August 4, 2009 - The Community Improvement division presented the City's annual
Community Development Block Grant Action Plan, which included programming for the
Boynton Beach Faith Based Community Development Corporation (CDG) to assist the
City with implementation of the Neighborhood Stabilization Program.
December 15, 2009 - The City Commission approved the City's annual Community
Development Block Grant Action Plan under Resolution 09-111.
December 2009 - The $20,000,000 competitive NSP(2) Grant was awarded to the
Lake Worth Community Redevelopment Agency (CRA).
2510f289
NSP Chronology Page 3
March 2, 2010 - The City Commission approved an amendment to the CDBG Sub-
recipient agreement between the City and the Boynton Beach Faith Based CDC and RM
Lee Community Development Center to designate them as the developer under the
City's NSP Program. These entities were selected based on their experience, staff and
track record with the City. The Faith Based CDC has been a CDBG sub-recipient for at
least 10 years. In that period they have actively assisted the City in the implementation
of the SHIP program, involving the pre-qualification of purchasers and the determination
of the suitability of various forms of financing. Moreover, given the fact that their staff
contains a former banker and a real estate broker, they are particularly well suited to
assist the City in the implementation of the NSP program.
April 6, 2010 - The City Commission is asked to approve the Non-Profit Developer
Agreement between the City of Boynton Beach and The Boynton Beach Faith-Based Community
Development Corporation, together with the R. M. Lee Community Development Center, Inc.
(CDCs), to act as developer under the City of Boynton Beach's Neighborhood Stabilization
Program (NSP).
252 of 289
10.F
CITY MANAGER'S REPORT
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 1:81 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: Discuss the Budget Status Report of the General Fund
and the Utility Fund for the six (6) month period ended March 31, 2010.
EXPLANATION OF REQUEST: While this is the monthly financial report for the period thru March
31, 2010, it also represents the report for the second quarter and half way through our fiscal
year. 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 six month period
ended March 31,2010. However, we are taking a closer review of revenues and expenditures
to date. The analysis -
. Compares actual results for the current period to (a) the annual budget for this fiscal
year and (b) the actual results for the same period compared to the annual budget of
the prior fiscal year and
. Estimates and makes a conservative projection of revenues for the balance of this fiscal
year.
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.
Since we are projecting a General Fund revenue shortfall of about $1 million from original
budgetary estimates, the City Manager is taking positive steps to reduce budgeted
expenditures by a like amount.
253of289
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 FY 2010 budget, it required the
following two non-revenue funding sources.
· A fund balance appropriation (reduction) of $3.5 million and
· Transfers from other funds aggregating $22.4 million.
The fund balance reduction and transfers from other funds represent an unusually high 36% of
our total General Fund budget.
For the six months (50%) of FY 2010,
· Revenues and transfers realized are $45.6 million (63%) of the budget estimate.
· Expenditures incurred are $31.1 million (43%) of the annual appropriated budget.
FY 2010 FY 2009
Budaet Actual to Date Annual Actual to Date
Difference Projected Approved Amount % Budget (*) Amount %
RevenueslTransfers $ (1,026) $ 71,511 $ 72,537 $ 45,649 63% $ 73,963 $ 44,352 60%
Expenditures $ - $ (72,537) $ (72,537) $ (31,130) 43% $ (73,963) $ (35,626) 48%
Excess (Deficit) $ (1,026) $ (1,026) $ - $ 14,519 $ - $ 8,726
(*)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.
Revenues & Transfers (Exhibit A) - Overall, while we have received $45.6 million to date and
slightly ahead at this point in time during the fiscal year in comparison to last year, a detail
review of revenues estimates a net revenue shortfall of $1.0 million compared to the annual
budget estimate.
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 - Other revenues are projected at a $1,025,749 shortfall.
254 of 289
100% - $ 72.5 M - Total funding sources
Expenditures (Exhibit B) - General Fund expenditures to date are $31.1 million (43%) 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.
However, it should be recognized that the City's Annual Required Contribution to the City's
three pension funds totaling $9.2 million is not paid until the end of the fiscal year and,
therefore, not reflected in the $31.1 million expenditures to date. $4.6 million would represent a
proportionate share for the six month period raising total expenditures to date from $31.1
million to $35.7 million or 49% of the $72.5 million expenditure appropriation for FY 2010.
The graph at the bottom of Exhibit B displays actual expenditures of $31.1 million are on track
with the budget yet below the $31.1 million actual spending levels in FY 2009 for this same
period.
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%.
255 of 289
For the six months (50%) of FY 2010,
. Revenues realized are $16.7 million (51 %) of the annual budget estimate.
. Expenditures incurred are $14.8 million (45%) of the annual appropriated budget.
This results in an excess of revenues over expenditures of $1 ,900 thousand.
FY 2010
Annual Actual to Date
Budget Amount %
Revenues $ 33,034 $ 16,764 51%
Expenditures $ (33,034) $(14,864) 45%
Excess (Deficit) $ - $ 1,900
FY 2009
Annual Actual to Date
Budget Amount %
$ 35,442 $ 17,304 49%
$ (35,442) $(14,780) 42%
$ - $ 2,524
FY 2010 VS. 2009
Budaet Actual
% %
-7% -3%
-7% 1%
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) - The $16.7 million in FY 2010 revenues and fund balance
appropriation when compared to same period for FY 2009 results in excess revenues of $1.9
million, note:
. Water Sales - $8.3 million = 53% of the annual estimate, compared to $5.8 million at
this point in FY 2009. This $2.5 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, $2.4 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 $1.2 million.
The May 1, 2009 water and sewer rate increases should provide for adequate bond debt
service coverage that was in jeopardy prior to the increases.
Expenditures (Exhibit D) - Utility Fund expenditures to date are $14.8 million or 45% of the
annual appropriation compared to the 50% portion of the current FY 2010 elapsed budget
period. Individual percentage variances are noted on Exhibit 0 noting that all departmental
accounts are operating within their budget at this point in the year.
However, similar to the General Fund, it should be recognized that the City's Annual Required
Contribution to the City's pension funds totaling $1.4 million for the Utility Fund is not paid until
the end of the fiscal year and, therefore, not reflected in the $14.8 million expenditures to date.
$0.7 million would represent a proportionate share for the six month period raising total
expenditures to date from $14.8 million to $15.5 million or 47% of the $33.0 million expenditure
appropriation for FY 2010.
ALTERNATIVES: Request further clarification at the City Commission meeting.
256 of 289
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended March 31, 2010 (50% of Fiscal Year)
REVENUES
FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE
ACCOUNTS REVENUE % REVENUE %
DIFFERENCE PROJECTED APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED
AD VALOREM TAXES (253,000) $ ~,09O,OO::I $ ~,343,~) $ 26,503,476 87% $ 35,013,460 29,961,950 86%
LESS TlF TAXES TO eRA . 4,258.000 4,258,000 (4,238,364) 100% 15,243,820) (5,243.820) 1110%
NET TAXES TO THE CITY (253,000) 25,832,000 26,085.000 22,265,112 85% 29,769,640 24,718,130 83"..
LICENSES AND PERMITS
FRANCHISE FEES 4,820,000 4,820.000 2,383.608 49% 5,121.000 1,547,469 30%
BUSINESS TAXES 122,000 1,339,000 1,217.000 1,284,213 106% 1,391,000 1,326,975 95%
BUILDING PERMITS (662,000) 173,000 835,000 209,579 25% 3,950,000 455,584 12%
OTHR LICENSES, FEES & PER (4,000) 201,000 205,000 145,313 71% 196,000 134,902 69%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE (66,000) 707,000 773,000 24,667 3% 210.000 6.205 3%
STATE SHARED REVENUES (42,000) 5,743,000 5,785,000 2,956,072 51% 6,657,000 2,798,893 42%
SHRD REV FROM OTHR LCL (18,000) 497.000 515,000 97,866 19% 505,000 115.305 23%
STATE GRANTS 0% 0%
CHARGES FOR SERVICES
PYMTS IN LIEU OF TAXES (4,649) 81,151 86.000 81.151 94% 86,000 92,766 108%
CHRGs-GENERALGOVT (10,500) 282,500 293,000 150,153 51% 290,406 144,9S9 50"..
PUBLIC SAFETY 175,000 4,520.000 4,345,000 2,511,061 58% 4,236,925 2.482.931 59%
PHYSICAL ENVIRONMENT (2.805) 0% 5.000 8,096 162%
CULTUR~ECREATlON (2,000) 282,000 284,000 136,781 48% 312,000 150,452 48%
INTEREST & Mise REVENUE
VIOLATIONS LOCAL ORD. 7,000 155,000 148,000 89,700 61% 103,000 73,068 71%
INTEREST EARNINGS (237,000) 520.000 757,000 234.273 31% 1,100,000 328,463 30%
RENTS AND ROYALTIES 15,400 231,400 216,000 108,760 50% 234,000 76,533 33%
SALE OF SURPLUS MATERIAL (1,000) 2.000 3.000 1,075 36% 3,000 25,463 849%
LIBRARY FINES 30,000 30,000 18,667 62% - 0%
OTHER MISC. REVENUE (44,800) 172,200 217,000 91,800 42% 377,000 157,361 42%
INTERNAL FUND TRANSFERS
TRANSFERS 22,423,334 22,423,334 11,111,667 50% 11,612,000 7,393,342 64%
FUND BALANCE APPROPRIATED 3,500,000 3,500.000 1,750,000 50% 4,630.000 2.315,000 50"..
Total Revenues $ (1,025,749) $ 71,511,585 $ 72,537,334 $ 45,648,713 63% $ 70,788,971 44,351,929 63%
.'!iRlJ.OU()
Two Year Cumulative Revenue Comparison and CFY Budget - ($ In
thousands)
571.,512
.'ii7U.lMMl
.;$~:2J
S5S~1;. -X'
:o.::!.7~~--
5;.19.42:"- X- - - -
~
S44-,.3S2.~~t}
.' -'
$39.NOt! ~:.::... ...
. .;,'~ S40.7S1
$36:I~~_~.~7jl
.",
~ ;'~.6'
$28.%~:y
'"'
'"'
.. ,
," ,
. ,
'",
'"'
," ,
SoU,OOCl
55(1.000
'!i4H.OO(}
~l(J.lU)
$20.000
')10.10)
;'4.,111
'"
Oct
No\'
nee
lan
Fc,",
M~
Arc
May
J,n
,,'
Aug
St.'P
- ~- - Cumulative 09 Actual
.. .)1(... Cumulative 10 Actual
-- Projected 10 Budget
s.,\ri"an~\Fin;Ul"-'l;ll Hermn'M,)nthly Financial R...pon.\\FYltJl.l'l~::!IIIIJ\klldf!~1 Review _ OF film \iar III Summdrl/.O'lIflltJI H."Vetlut> Summ8l!' ken....d
41l.'\i1010
257 of 289
EXHIBIT B
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended March 31, 2010 (50"10 of Fiscal Year)
EXPENDITURES
., 2U11) FY 2010 TO DATE ., 2UU9 FY 2009 TO DATE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION $ 251,816 $ 127,301 51% $ 423,814 $ 207,934 49%
CITY MANAGER 609,667 259,670 43"'- 639,605 286,392 45%
CITY HALUGEN. ADMIN. 1,710,091 745,021 44% 1,936,072 785,895 41%
PUBLIC AFFAIRS 148,760 59,810 40% 182,064 68,350 38%
CITY CLERK 566,184 267,251 47% 558,899 229,586 41%
CITY ATTORNEY 468,486 258,178 55% 480,375 208,332 43%
FINANCIAL SERVICES 1,230,307 530,487 43"'- 1.247,864 593,502 48%
ITS 1,752,573 706,478 40% 1,866,388 908,330 49%
GEOGRAPHICAL INFO SYSTEMS 429,734 197,573 46% 430,164 181,591 42%
HUMAN RESOURCES 1,003,256 421,430 42% 989,804 443,290 45%
ORGANIZATIONAL DEVELOF 163,320 60,580 37% 198,891 62,363 31%
PUBLIC SAFETY
COMMUNICA liONS 2,112,163 908,479 43"'- 2,384,971 1,028,393 43%
POLICE 24,709,489 10,437,653 42% 24,321,484 12,283,608 51%
CODE COMPLIANCE 1,145,398 563,965 49% 1,261,445 551,767 44%
FIRE 19,378,362 8,173,272 42% 15,539,222 9,513,879 61%
EMERGENCY MANAGEMENT 113,430 32,869 29% 116,300 42,093 36%
ANIMAL CONTROL 189,965 66,188 35% 201,023 85,212 42%
BUILDING & DEVELOPMENT
DEVELOPMENT 418,153 189,540 45% 412,826 210,348 51%
BUILDING 1,901,548 828,117 44% 2,368,088 955,931 40%
ENGINEERING 903,633 402,088 44% 937.154 442,571 47%
PLANNtNG & ZONING 932,393 399,539 43"'- 991,450 464,650 47%
BUSINESS TAX 301 ,380 129,455 43"'- 29-7,936 140,191 47%
PUBLIC WORKS
PUBLIC WORKS 296,696 128,260 43% 296,412 156,555 53%
FAClLmES MANAGEMENl 1,792,831 830,668 46% 2,009,496 827,707 41%
STREETS MAINTENANCE 1,005,637 386,071 38% 1,175,287 449,957 30%
LEISURE SERVICES
LIBRARY 2,518,134 1,033,143 41% 2,600,620 1,134,994 44%
RECREATION 2,623,280 1,073,447 41% 2,771,735 1,294,415 47%
FORESTRY & GROUNDS 1,647,828 646,650 39% 1,824,643 687,844 38%
PARKS MAINTENANCE 2,212,820 986,147 45% 2,324,939 1,168,902 50%
eRA REIMBURSABLE & RESERVES 280,144 0% 211,628 0%
Total Expenditures $ 72~7 334 $ 31,129,554 43% $ 70 788,971 $ 35,626,210 50%
SSO.(XXJ
$7(1.t)(Xl
$bO.OOO
, 'S5tU)t'lO
~{WOll
$30.000
$26.504 ~X: /' _)1<"
$21.311 S!l:.... ...,.~.'
"18". _-X' ...jK-
i ' --- ;x:---- ..'
I $IJ.1-i5 """"....,... ,.0'
I X' .,/
Sln_ooo 1$(,.851. _ 11,550
1 '6.1145
'"
I
i s~o.ooo
OCI
Dee
Mille
Jul
Aug
Sop
May
Jun
Jan
F~b
Ap'
1\OY
i~x -- Cu~ulative 09ActIJal ..:..:.-*.:.:.C'JJllulative l()Ac~ __---- Budget 2010 I
S:\Fil1a:m~\Fjna!ldal Rernn~\Monthly Fin:ll1dal R~rnn~\n'2()(19_201tMudj!t':l R('~it':.... (IF. fl1nJ Mar III ~ulllmari,,,,,1001 E:o:pendilllfc Summary RC"I>;l,."1;1
258 of 289
4,i]~.i:!.OJ()
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
unLlTY FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended March 31, 2010 (50% of Fiscal Yesr)
REVENUES
FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE
ACCOUNTS BUDGET REVENUE % BUDGET REVENUE %
APPROVED REALIZED REAUZED APPROVED REALIZED REALIZED
WATER SALES $ 15.715,140 $ 8,349,203 53% $ 12,100,000 $ 5.856.113 48%
WATER CONNECTION FEE 80,000 8,475 11% 80,000 8,830 11%
WATER SERVICE CHARGE 275,000 196.746 72"'" 200.000 130,895 65%
WTR-BACKFLOW PREVNTR TEST 36.000 11,868 33% 19,840 0%
RECLAIMED WATER SALES 50,000 4.963 10% 0%
SEWER SERVICE 15,675,150 7,607.176 49% 13,825,000 7.017.533 51%
STORMWATER UTILITY FEE 3,315.000 1,723,813 S2% 3.315,000 1,656.619 50%
TELEVISE SEWER LINES 1,000 2.853 285% 10,000 0%
FEES 5.000 2,891 58% 5O,DOll 0%
INTEREST INCOME 220.000 30.798 14% 840,000 109.917 13%
SALE OF SURPLUS EQUIP. 1.000 0% 1.DOll 0%
OCEAN RGE UT TAX ADM CHG 500 327 65% 500 217 0%
BAD DEBT RECOVERIES 1.500 925 62% 3.DOll 1108 27%
MISCELLANEOUS INCOME 22.000 5,1148 27"'" 30.DOll 8.945 30%
TRANSFER FROM 101,000 50,500 50% 101.000 50,500 50%
FUND BALANCE APPROPRIATED (INCR.) 12,484,0371 (1,232,019) 50% 4,887,153 2,443,577 50%
TOTAL REVENUES $ 33.034.253 $ 16,764.388 51% $ 35,442.653 $ 17,303,594 49%
>4{).f)(X] ;
Two Year Cumulati\'e Revenues Comparison
and CFY Budget. ($ in thousand.)
,,,~.,..
,/
...,XlJ..<;.4"' $~lO~
/
X~'h
...,,,' .'
X~~"I)il
/
"",;
..."",,,,X::'13.'}
"X,/
,/
/
:)30.(,OJ
$2{).(O)
\ ''''.,,''
so
On
'1)\
Doc
Jan
[eh
Mar
'P'
M:J}'
'un
'ul
\ug
Sep
1-->1,- Cumnlative09Actual .__)1(_ . Cumulative 10 Actual _Budget 2010]
S"FlilanC8\,Financiar AeportS\Monttlly Financial Aepor1s\FY2009~2010"Budgel RlMew. UI= . thru f...tar 10 Summarized401 Rev Sum
259 of 289
EXHIBIT D
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended March 31, 2010 (50% of Fiscal Year)
EXPENDITURES
FY 2010 FV 2010 TO DATE FV 2009 FV 2009 TO DATE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
WATER DISTRIBUTION $ 1,507,154 $ 656,217 44% $ 1,687,111 $ 730,508 43%
PUBLIC WATER TREATMENT 6,516,602 2,727,171 42% 6,672,154 3,094,760 46%
METER READING & SERVICES 1,051,402 391,588 37% 1,209,520 441,255 36%
WASTEWATER COLLECTION 1,654.560 798,696 48% 1,794,768 800,370 45%
WASTEWATER PUMPING STATNS 2,487,958 1,094,179 44% 2,574,901 1,135,979 44%
SEWAGE TREATMENT 3,421,600 1,522,607 44% 4,505,000 1,352,284 30%
WATER QUALITY 572,089 252,839 44% 578,888 272,053 47%
UTILITY ADMINISTRATION 1,884,606 733,997 39% 2,011,468 842.184 42%
GENERAL ADMINISTRATION 5,525,535 2.634,678 48% 5,727,921 2,480,782 43%
UTlLlTES ENGINEERING 1,220,704 530,997 43% 1,274,598 586,479 46%
STORMWATER MAINTENANCE 614,239 267,780 44% 899,485 265,605 30%
CUSTOMER RELATIONS 1,215,189 552,848 45% 1,202,174 562,122 47%
DEBT SERVICE 5.362635 2.700,045 50% 5.304 665 2,215,330 42%
Total Expenditures $ 33.034,253 $ 14.863,642 45% $ 35,442,653 $ 14,n9,711 42%
$-4lJ.{KKI
Two Year Cumulative Expenditures Comparison and
n'v Budget. ($ in thousands,
SIO.OllO
"X
,..........
_"'-~2n.IJ..i::
,.x"-
_-... 'j,::_~.022
/X;;,~"O
...............
........X'$..?l!,~L'
"
.........X~I~X45
$I4.M /'
_"'~~14.7!1(J
--:.":-
. 2.~1
S;iIl.()1I11
$20,000
$1.1
Oct
No\"
Dee
.Ian
Fen
M:lr
.'\pr
~'lay
}un
Jul
Aug
Sep
--)(- - Cumu"'-tive 09 ,\ctual m )K---Cumulative 10 Actual ... --+-!Iudget 2010
S:\Ffnance\Financial Aeports\Monthly Financial Reports\FY2009_2010\Budget Review - UF - thru Mar 10 Summarized401 Exp Sum
260 of 289
12. A
NEW BUSINESS
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
0 OPENINGS 0 PUBLIC HEARING
0 OTHER 0 CITY MANAGER'S REPORT
0 ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS
NATURE OF 0 ADMINISTRATIVE [gI 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 allow low voltage electric
security fencing, inside perimeter fencing, in the M -1 (Industrial) and PID (Planned Industrial
Development) zoning districts, and provide staff with desired direction.
EXPLANATION OF REQUEST: Staff is considering an amendment to the Land Development
Regulations to allow an additional security measure for industrial businesses and assist in theft
prevention. A business in the City's industrial district (Yellow Truck Lines) and their fence
contractor (Electric Guard Dog) have requested the ability to install this type of fence as a theft
deterrent. Electric Guard Dog has received approvals for installation of this type of security
fencing in the Cities of Pompano Beach, Cocoa, Orlando, Fort Pierce and Lakeland. City staff
met with the fence contractor on a number of occasions to ensure the safety of the product and
have had all of our questions answered. The Building Department, Fire Department and Police
Department have all reviewed the proposal and have no objection. Based upon our review and
research, the product would appear to be an appropriate theft deterrent measure for industrial
properties with valuable or sizeable inventories. 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? NIA
FISCAL IMPACT: NIA
ALTERNATIVES: Direct staff to not proceed with the amendment.
261 of289
12.B
NEW BUSINESS
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
D OPENINGS D PUBLIC HEARING
D OTHER D CITY MANAGER'S REPORT
D ANNOUNCEMENTS/P RESENT A TIONS D FUTURE AGENDA ITEMS
NATURE OF D ADMINISTRATIVE ~ 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: Discussion regarding SB 6 - Teacher Merit Pay-
Resolution in opposition to legislation. Request of a member of the City Commission..
EXPLANATION OF REQUEST: On April 9, 2010 the House approved SB 6 placing this item to the
Governor for signature. The legislation provides for a merit pay program for public teachers in
Florida. The bill revises how a portion of teacher merit pay is allocated. It would revise current
pay system based on seniority and educational degrees and replace it with a system in which
a portion of teacher's merit pay increases, continuing employment and ability to renew
teaching certificates would be tied to student performance. The legislation now moves to the
Governor for final consideration. Please note that the Governor has until Friday, April 16th to
sign, veto or modify the legislation. Depending on the action of the Governor, the proposed
resolution will address the issues of the legislation and recommend a course of action or will
be a resolution concerning the veto decision of the Governor. UPDATE: ON APRIL 15TH THE
GOVERNOR VETOED SB 6. THE PENDING RESOLUTION WILL REQUEST THAT THE
LEGISLATURE NOT OVERRIDE THE GOVERNOR'S VETO.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None
FISCAL IMPACT: None
ALTERNATIVES: Do not approve the resolution. (Note: the Resolution will be finalized on
Monday, April 19, 2010.).
262 of 289
13. A
LEGAL
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 2010
D OPENINGS D PUBLIC HEARING
D OTHER D CITY MANAGER'S REPORT
D AN NOUNCEMENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS
NATURE OF D ADMINISTRATIVE D NEW BUSINESS
AGENDA ITEM
D CONSENT AGENDA 181 LEGAL
D BIDS AND PURCHASES OVER $100,000 D UNFINISHED BUSINESS
CODE COMPLIANCE AND LEGAL
D SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO.1 0-009 - forming a
Financial Advisory Committee. Discuss and approve Ordinance on first reading.
EXPLANATION OF REQUEST: At the April 6, 2010 City Commission meeting the Commission
gave preliminary approval of the formation of a Financial Advisory Committee. The purpose of
the Committee is to serve in an advisory capacity to the City Commission and the
Commission's oversight of expenditures which require budgetary appropriation. It is
anticipated that the initial task of the Committee would be to oversee the development of the
fiscal year 2010-2011 City budget and make recommendations regarding anticipated revenues
and anticipated expenditures. In addition to its budget oversight role the Committee would
also provide ongoing review of the fiscal impact of Collective Bargaining Agreements,
employee benefits, contracts, and procurement.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The establishment of a Financial Advisory
Committee should result in additional cost saving measures not identified by administration or
Commission oversight. The anticipated net benefit should significantly offset any
administrative costs incurred by forming the Committee and administering its work (i.e.
meeting costs, copying costs, cost for preparation of minutes).
FISCAL IMPACT: Administrative staff support for support services to the Committee.
ALTERNATIVES:
1. Do not establish a financial advisory committee at this time.
2. Form the committee but modify the scope of its authority to conduct financial review.
263 of 289
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING PART II, CHAPTER TWO ENTITLED
"ADMINISTRATION," OF THE CITY OF BOYNTON BEACH
CODE OF ORDINANCES TO CREATE A NEW ARTICLE XVIII;
PROVIDING FOR THE CREATION OF THE FINANCIAL
ADVISORY COMMITTEE; PROVIDING FOR THE PURPOSE
AND SCOPE OF DUTIES OF THE FINANCIAL ADVISORY
COMMITTEE; PROVIDING FOR FORMATION, APPOINTMENT
AND ORGANIZATION OF THE COMMITTEE; PROVIDING FOR
APPOINTMENT OF THE CHAIR AND VICE CHAIR OF THE
COMMITTEE; PROVIDING FOR CLARIFICATION OF POWERS
DELEGATED AND RESERVATION OF POWERS BY THE CITY
COMMISSION; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida desires to establish a
Finance Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate
members) to review the impact of legislative and administrative decisions on the City budget, revenue
sources and operational expenditures and make recommendations that may favorably impact the City
budget and overall financial condition; and
WHEREAS, the City Commission of the City of Boynton Beach, acting in the interest of the
citizens and taxpayers of the City amends the Code of Ordinances, Part II, Chapter 2, to provide for a
creation of a Financial Advisory Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
That Part II, Chapter 2, of the Boynton Beach Code of Ordinances is hereby
amended by creating Article XVIII, entitled "Financial Advisory Committee" to read as follows:
ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE
Sec. 2-240
Creation of Committee
The City Commission hereby creates and establishes the Financial Advisory Committee.
264 of 289
Sec. 2-241
Purpose and Duties
That Financial Advisory Committee shall have the general responsibility of reviewing the impact
of existing or proposed legislative and administrative decisions on the City budget. revenue
sources. and operational expenditures and make recommendations that may favorably impact the
City budget and overall financial condition of the City. By way of example. but not limitation. the
Financial Advisory Committee will be responsible for reviewing and making recommendation on:
1. The City's proposed annual operating and capital budget.
2. Budg:et development systems and procedures.
3. Analyzing and recommending sources of revenues.
4. Employee salaries and benefits.
5. Pension and retirement benefits for City employees.
6. Operating expenses and controls.
7. Reducing or controlling debt service expenses.
8. Intra-fund transfers and loans.
The foregoing examples are not intended to limit the scope of financial review that the City
Commission may assign to the Committee from time to time. Specific tasks shall be delineated by
the City Commission by maiority vote.
Sec. 2-242
Or2anization
The Financial Advisory Committee shall consist of a total of seven (7) regular members
and two (2) alternate members each appointed by maiority vote of the City Commission.
Sec. 2-243 Committee Appointment and Membership
(a) 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. No
member ofthe Committee shall serve on any other City Board or Committee.
(b) At least five 5 of the regular members on the task force shall have one 1 of the
following qualifications
265 of 289
1. Certified Public Accountant
2. Accounting Professional
3. Finance Professional
4. Certified Financial Planner
5. Investment Advisor
6. Insurance Professional (property/casualty or health
7. Business Owner/Manager
8. MBA or MP A degree (with high levels of accountability/responsibilities with budget and
organizational oversight)
The remaining four (4) members may be at large.
(c) Staggered Terms for Committee Membership. The initial regular members
appointed will serve as follows: three (3) members shall be for a term of three (3) years. two (2)
members shall be for a term of two (2) years. and two (2) members shall be for a term of one (1)
year. Their successors shall be appointed for a term of three (3) years.
(d) Reappointment. RemovaL Vacancy. All members may be reappointed. without
limitation as to the number of terms served. Members may. at the discretion of the City
Commission. be removed with or without cause. A member shall be removed without action of
the City Commission for missing more than four (4) meetings per year. Members that have been
removed for cause may not be reappointed for a period of thirty-six (36) months. If there is a
vacancy in the membership. the City Commission shall appoint a new member to fill the vacancy.
(e) Privileges. Duties and Responsibilities.
(i) Privileges. Members will have voting privileges as set forth herein. Members
shall create and implement rules. policies and procedures necessary to carry out the
Financial Advisory Committee's purpose. in conformance with the provisions of the City's
Code of Ordinances and State Law.
(ii) The City Commission shall vote to appoint a Chair. who shall preside over the
meetings of the Financial Advisory Committee. and also vote to appoint a Vice-Chair who
shall serve in the absence of the Chair.
266 of 289
(f) Alternate Members. Pursuant the City of Boynton Beach Code of Ordinances, the
City Commission shall appoint two alternate members. Alternate members will serve to fill a
temporary vacancy or permanent removal in the Financial Advisory Committee. Alternate
members shall be appointed in the same manner as regular members, and shall meet the
qualifications set forth for regular members. When serving in their capacity as a alternate
member, alternate members shall have the same privileges, duties and responsibilities as a regular
member, with the exception that no alternate member may serve in a capacity as Chair or Vice-
Chair, nor may any alternate member be moved to a regular member unless appointed by the City
Commission pursuant to the procedure set forth herein. The alternate member's term of
membership shall run only through the term of the vacancy they have filled.
Sec. 2-244
Meetin!!s
The Financial Advisory Committee shall arrange for an appropriate time and place meetings.
Sec. 2-245
Procedure for enactment and votin!!.
All actions subiect to a vote shall be enacted as set forth below.
(a) Quorum. The Financial Advisory Committee may not take any action unless a
quorum is present. A quorum shall consist of the physical presence of no less than four (4) voting
members of the Financial Advisory Committee.
(b) V oting. An affirmative vote of a maiority of the voting members present shall be
required in order for the Financial Advisory Committee to take any official action. No voting by
proxy is allowed. On final passage, the vote of each member of the Financial Advisory
Committee shall be entered on the official record kept for the meeting.
Sec. 2-246 Powers
Nothing in this article shall be construed as restricting, curtailing: any of the powers of the
City Commission, or the Charter powers of the City Manager, or as a delegation to the Financial
Advisory Committee of any of the authority or express or discretionary powers vested and
imposed by law in the City Commission. The City Commission declares that the public interest.
267 of 289
convenience and welfare required by the appointment of the Financial Advisory Committee to act
in a purely advisory capacity to the City Commission for the purposes set forth in this article.
Any power delegated here to the Financial Advisory Committee to adopt rules and regulations
shall not be construed as a delegation of legislative authority. but purely a delegation of
administrative authority.
Section 3.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provision of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 5.
Section 6.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
268 of 289
FIRST READING this _ day of
,2010.
SECOND, FINAL READING AND PASSAGE this _ day of .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)
269 of 289
14. A
UNFINISHED BUSINESS
April 20, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: April 20, 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
0 CONSENT AGENDA 0 LEGAL
0 BIDS AND PURCHASES OVER $100,000 ~ UNFINISHED BUSINESS
CODE COMPLIANCE AND LEGAL
0 SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Review of appliction packet and process for CRA
appointments. City Commission is asked to review the application materials and selection process for
appointment of two additional members of the 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..
EXPLANATION OF REQUEST: : Following approval of Ordinance 09-030, City and CRA staff
have met to develop an application form and associated documents that would be put in a
proposed application packet for interested persons. It is attached. The City Commission
would select the members of the Community Redevelopment Agency. Staff involvement
would be limited the City Clerk's Office making sure that the applications submitted are
complete and have the information the City Commission needs. The City Commission has not
provided specific direction to staff as to when a CRA Board would be selected. This
information is a packet and suggested guidelines for the selection of the two of seven CRA
Board pursuant to Ordinance 09-030.
It is recommended that the City Commission consider candidates following a review of
application documents and interviews.
The items in the application packet that all applicants would receive:
1. CRA Application Form - the form would be available on-line and in paper form. - Exhibit
A
2. State of Florida Statement of Financial Interests - Exhibit B
3. Proposed Selection Criteria for CRA Board Members - Exhibit C
4. CRA Mission Statement from CRA web site at: http://www.boyntonbeachcra.com Exhibit D
270of289
5. CRA Rules of Governance - Exhibit E
The City Commission will need to set the time-frame when applications are to be requested
and the time-frame for review and selection.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City Commission has authorized the
establishment of a seven-person CRA Board per Ordinance 09-030. This proposed application
and process would partially meet that requirement by proceeding with the appointment of two
additional members to sit with current City Commission members.
FISCAL IMPACT: Expected cost under $2,000 for packets, mailing and processing.
ALTERNATIVES: Continue with current configuration of the CRA Board as Ordinance 09-030
has not established a specific time-line for implementation. This means that the City
Commission would continue to serve as the CRA Board.
271 of 289
!!/T'
\lJ
Exhibit A
CI TY OF BOYNTON BEACH
COMMUNI TY REDEVELOPMENT AGENCY BOARD
APPOI NTMENT APPLI CATION -- DRAFT FOR CI TV COMMI 581 ON
REVI EW - NOVEMBER 2009
MEETI NG DATE! TI ME RESPONSI BI LI TI ES
The Boynton Beach Olmmunity Redevelopment Agency serves the community by guiding
2nd TUESDAY - 6:30 PM redevelopment activities that create a vibrant downtown core and revitalized neighborhoods
within the CRA district. The CAA district is 1,650 acres along the eastern edge of the Dty of
Boynton Beach. The major north/south road in the CRA is federal highway/U.s. 1. East/West
connectors are Gateway Blvd., Boynton Beach Blvd., Woolbright PDad, and GJlfstream Blvd. The
activities and programs offered within a Olmmunity Redevelopment Area are administered by
the Olmmunity Redevelopment Agency. The Dty Olmmission has determined that the Agency
should be governed by a seven-member governing board appointed by the Dty Olmmission.
My person may be appointed as CAA board member if he or she resides or is engaged in
business, which means owning a business, practicing a profession, or performing a service for
compensation, or serving as an officer or director of a corporation or other business entity so
engaged, within the area of operation of the Agency, which shall be coterminous with the area
of operation of the Dty. Additional information regarding the CAA can be obtained by accessing
the CRA web site at httn:/ /www.bovntonbeachcra.com.
(Note: I ntention is to also convert the application for on-line completion - Both On-line and
Paper would be accepted)
Thank you for your interest in serving on the Community Redevelopment Agency Board and for taking the
time to fill out this form. Please print or type all answers clearly. If instructions are not followed or
the application is not filled out in its entirety, the form will be returned for clarification.
Telephone #
Name
Address
Zip Code
E-mail Address:
Alone:
Current occupation or, if retired, prior occupation
Education:
&:hool
Yrs Completed
Degree( s)
High School(s):
College(s) :
Are you a registered voter?
Do you reside within the Boynton Beach Oty limits?
Do you own/manage a business within the Oty) limits:
If "yes", name and address of
business
Yes
Yes
Yes
_No
_No
_No
Do you or a relative own property in the CRA Area?
Yes
_No
272 of289
If "yes", address of property(ies)
Are you currently serving on a Oty board?
Have you served on a Oty board in the past?
If so, which board(s) and when?
Yes
Yes
_No
_No
How long have you lived in Boynton Beach or owned/manage a business here?
Years
Community Involvement: (In addition to any Oty advisory boards, please describe your community involvement):
I nterestslHobbies:
Have you ever been convicted of a crime?
I f so, when
Where
Briefly describe why your service on the rnA would be beneficial to the Oty of Boynton Beach: (attach extra sheets as
needed)
Briefly identify three redevelopment issues facing the Oty and the eRA. What recommendations do you have?
(attach extra sheets as needed)
Please provide at least three professional references (include full name, telephone and e-mail, if e-mail is available):
273of289
Please indicate the date(s) of any contact made with the Oty Commission Members concerning your application
to the CRA Board:
Name
Appointment Telephone
E-Mail Other
Mayor Taylor
Vice-Mayor Hay
Commissioner Rodriguez
Commissioner Weiland
Commissioner Ross
Name(s) and relationship of relatives working for the Oty of Boynton Beach or the Boynton Beach CRA:
Do you have any potential conflicts of interest that may arise from time to time? (A conflict of interest would be
anything that inures to your benefit, your employer's benefit or a member of your family's benefit. For example an
architect, real estate broker or attorney that may occasionally represent a client with a project before the rnA. Note:
Having a potential conflict of interest does not necessarily exclude you from serving on the rnA.)
If yes, please explain:
Are you willing and able to attend the meetings of the CRA as described below:
a. Second Tuesday of the month at 6:30 PM? _ yes _ no
b. Meetings on consecutive dates? _ yes _ no
c. Meetings that might be scheduled for multiple dates within the same month? _ yes _ no
d. Meetings that last the full day (9:00 AM to 5:00 F'tVl, or later)? _ yes _ no
The CRA will be using a "paperless agenda process" with a laptop computer. Is this acceptable to you in lieu of a
paper agenda? _ yes _ no
* A resume must be submitted with this application for Community Redevelopment Agency
Board Appointment
Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, Oty Hall,
Boynton Beach FL 33435 or P. O. Box 310, Boynton Beach, Fl33425-0310. Note: If you file an application
on-line it will be filed with the Oty Oerk's Office.
I hereby certify that the statements and answers provided herein are true and accurate. I understand that,
if appointed, any false statements may be cause for removal from a board.
Sgnature:
Date:
Pevised 11/8/092:33 PM
2740f289
USING ELECTRONIC FORMS
There are two options for utilizing our online forms if you are using the Free
Adobe Acrobat Reader@:
1. You may print a blank form, fill it out, sign it and send it in.
2. Or, you can type your disclosure information directly on the form
and then print it out, sign it and send it in.
For Option 2:
. Select the hand tool .~ from the Acrobat toolbar menu.
. Move the hand inside a field. Click when it changes to an I-beam pointer I
The I-beam pointer allows you to type text. The hand tool will also become a
pointer tool when it passes over a box, which allows you to click and check the
box.
. Press tab to accept the information you have typed and go to the next field.
. Press shift+tab to accept the information you have typed and go to the previous
field.
. Typed text that goes beyond the limit of a field will not be printed. You may
shorten the entry by using generally accepted abbreviations.
. You may also use your mouse to move from field to field.
. Use the zoom tool~to magnify the page for easier viewing.
IMPORTANT - PLEASE READ:
. OPEN UP THE APPROPRIATE SET OF INSTRUCTIONS FOR THE FORM OR
PRINT THEM OUT. CAREFULLY READ AND FOLLOW THE INSTRUCTIONS
FOR COMPLETING THE FORM. THEY CONTAIN HELPFUL INFORMATION
AND EXAMPLES TO ASSIST YOU.
. FORMS CANNOT BE ELECTRONICALLY SUBMITTED.
. USE THE PRINT BUTTON ON THE ADOBE TOOL BAR TO PRINT THE FORM.
YOUR INTERNET PRINT BUTTON WILL NOT PRINT THE FORM.
. FILLED-IN FORMS CANNOT BE SAVED ON YOUR COMPUTER. IF YOU
ATTEMPT TO SAVE YOUR FORM, IT WILL CLEAR ALL THE INFORMATION
YOU INPUT.
. MAKE SURE THAT YOU MAKE A COPY OF YOUR COMPLETED, SIGNED
DISCLOSURE FORM AND KEEP IT WITH YOUR IMPORTANT PAPERS.
275 of 289
FORM 1 STATEMENT OF 2008
Please print or type your name, mailing I FINANCIAL INTERESTS I
address, agency name, and position below:
LAST NAME -- FIRST NAME -- MIDDLE NAME: FOR OFFICE
USE ONLY:
MAILING ADDRESS:
I D Code
CITY: ZIP: COUNTY:
ID No.
NAME OF AGENCY:
Conf. Code
NAME OF OFFICE OR POSITION HELD OR SOUGHT: P. Req. Code
You are not limited to the space on the lines on this form. Attach additional sheets, if necessary.
CHECK ONLY IF o CANDIDATE OR o NEW EMPLOYEE OR APPOINTEE
"BOTH PARTS OF THIS SECTION MUST BE COMPLETED"
DISCLOSURE PERIOD:
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR, WHETHER BASED ON A CALENDAR YEAR OR ON
A FISCAL YEAR PLEASE STATE BELOW WHETHER THIS STATEMENT IS FOR THE PRECEDING TAX YEAR ENDING EITHER (check one)'
0 DECEMBER 31, 2008 QB 0 SPECIFY TAX YEAR IF OTHER THAN THE CALENDAR YEAR:
MANNER OF CALCULATING REPORTABLE INTERESTS:
THE LEGISLATURE ALLOWS FILERS THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUES, WHICH
REQUIRES FEWER CALCULATIONS. OR USING COMPARATIVE THRESHOLDS. WHICH ARE USUALLY BASED ON PERCENTAGE VALUES (see
instructions for further details). PLEASE STATE BELOW WHETHER THIS STATEMENT REFLECTS EITHER (check one):
0 COMPARATIVE (PERCENTAGE) THRESHOLDS OR 0 DOLLAR VALUE THRESHOLDS
PART A .. PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person]
NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S
OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY
PART B - SECONDARY SOURCES OF INCOME [Major customers. clients, and other sources of income to businesses owned by the reporting person]
NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS
BUSINESS ENTITY OF BUSINESS' INCOME OF SOURCE ACTIVITY OF SOURCE
PART C .. REAL PROPERTY [Land. buildings owned by the reporting person] FILING INSTRUCTIONS for when
and where to file this form are locat.
ed at the bottom of page 2.
INSTRUCTIONS on who must file
this form and how to fill it out begin
on page 3.
OTHER FORMS you may need to
file are described on page 6.
CE FORM 1 - Eff. 1/2009
(Continued on reverse side)
PAGE 1
2760f289
PART D - INTANGIBLE PERSONAL PROPERTY IStocks, bonds. certificates of deposit, etc,]
TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES
PART E - LIABILITIES [Major debts]
NAME OF CREDITOR ADDRESS OF CREDITOR
PART F - INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses]
BUSINESS ENTITY # 1 BUSINESS ENTITY # 2 BUSINESS ENTITY # 3
NAME OF
BUSINESS ENTITY
ADDRESS OF
BUSINESS ENTITY
PRINCIPAL BUSINESS
ACTIVITY
POSITION HELD
WITH ENTITY
I OWN MORE THAN A 5%
INTEREST IN THE BUSINESS
NATURE OF MY
OWNERSHIP INTEREST
IF ANY OF PARTS A THROUGH F ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE D
SIGNATURE (required): DATE SIGNED (required):
FILING INSTRUCTIONS:
WHAT TO FILE: WHERE TO FILE: WHEN TO FILE:
After completing all parts of this form, including If you were mailed the form by the Commission Initially. each local officer/employee, state
signing and dating it, send back only the first on Ethics or a County Supervisor of Elections for officer, and specified state employee must
sheet (pages 1 and 2) for filing, your annual disclosure filing, return the form to file within 30 days of the date of his or her
that location, appointment or of the beginning of employ-
If you have nothing to report in a particular Local officers/employees file with the Supervisor ment. Appointees who must be confirmed by
section. you must write "none" or "n/a" in that of Elections of the county in which they perma- the Senate must file prior to confirmation, even
section(s), nently reside, (If you do not permanently reside if that is less than 30 days from the date of their
in Florida, file with the Supervisor of the county appointment.
Facsimiles will not be accepted. where your agency has its headquarters,) Candidates for publicly-elected local office
NOTE: State officers or specified state employees must file at the same time they file their
MULTIPLE FILING UNNECESSARY: file with the Commission on Ethics, P.O, Drawer qualifying papers,
Generally, a person who has filed Form 1 for a 15709, Tallahassee, FL 32317-5709; physical Thereafter. local officers/employees, state
calendar or fiscal year is not required to file a address: 3600 Maclay Boulevard, South, Suite officers, and specified state employees are
second Form 1 for the same year, However, a 201, Tallahassee, FL 32312, required to file by July 1st following each
candidate who previously filed Form 1 because Candidates file this form together with their calendar year in which they hold their posi-
of another public position must at least file a copy qualifying papers. tions.
of his or her original Form 1 when qualifying. To determine what category your position Finally, at the end of office or employment,
falls under, see the "Who Must File" Instructions each local officer/employee, state officer, and
on page 3. specified state employee is required to file a
final disclosure form (Form 1 F) within 60 days
of leaving office or employment.
CE FORM 1 - Eft. 1/2009
PAGE 2
2770f289
INSTRUCTIONS FOR COMPLETING FORM 1
STATEMENT OF FINANCIAL INTERESTS
WHO MUST FILE FORM t:
All persons who fall within the categories of "state officers," "local officers/employees:' .specified state employees," as well as candidates for elective local office,
are required to file Form 1. Positions within these categories are listed below. Persons required to file full financial disclosure (Fonn 6) and offIcers of the judicial
branch do not file Form 1 (see Form 6 for a list of persons who must file that fonn).
STATE OFFICERS include the following positions for state officials:
1) Elected public officials not serving in a political subdivision of the state
and any person appointed to fill a vacancy in such office, unless required to
file full disclosure on Form 6.
2) Appointed members of each board, commission, authority, or council
having statewide jurisdiction, excluding members of sole advisory bodies;
but Including judicial nominating commission members; Directors of the
Florida Black Business Investment Board, Enterprise Florida. Scripps Florida
Funding Corporation, Workforce Florida, and Space Florida; Members of the
Florida Commission on Tourism. Florida Substance Abuse and Mental Health
Corporation, and the Council on the Social Status of Black Men and Boys; and
Govemors and senior managers of Citizens Property Insurance Corporation
and Automobile Joint Underwriting Association.
3) The Commissioner of Education, members of the State Board of
Education, the Board of Governors, and the local Boards of Trustees and
Presidents of state universities.
LOCAL OFFICERS/EMPLOYEES include the following positions
for officers and employees of local government:
1) Persons elected to office in any political subdivision (such as munici-
palities, counties, and special districts) and any person appointed to fill a
vacancy in such office. unless required to file full disclosure on Form 6.
2) Appointed members of the following boards, councils, commissions,
authorities, or other bodies of any county, municipality, school district, inde-
pendent special district, or other political subdivision: 1he govemlng body of
the subdivision; an expressway authority or transportation authority estab-
lished by general law: a community college or junior college district board of
trustees; a board having the power to enforce local code provisions; a board
of adjustment; a planning or zoning board having the power to recommend,
create, or modify land planning or zoning within the political subdivision,
except for citizen advisory committees. technical coordinating committees,
and similar groups who only have the power to make recommendations to
planning or zoning boards; a pension board or retirement board empowered
to invest pension or retirement funds or to determine entitlement to or amount
of a pension or other retirement benefit.
3) Any other appointed member of a local government board who Is
required to file a statement of financial Interests by the appointing authority or
the enabling legislation, ordinance, or resolution creating the board.
4) Persons holding any of these positions in local government: Mayor;
county or city manager; chief administrative employee of a county, municipal-
Ity, or other political subdivision; county or municipal attorney; chief county or
municipal building inspector; county or municipal water resources coordinator;
county or municipal pollution control director; county or municipal environmen-
tal control director; county or municipal administrator with power to grant or
deny a land development permit; chief of police; fire chief; municipal clerk;
appointed district school superintendent; community college president; district
medical examiner; purchasing agent (regardless of title) having the authority
to make any purchase exceeding $15,000 for the local governmental unit.
SPECIFIED STATE EMPLOYEES include the following positions
for state employees:
1) Employees In the office of the Governor or of a Cabinet member who
are exempt from the Career Service System, excluding secretarial, clerical,
and similar positions.
2) The following positions in each state department, commission, board,
or council: Secretary, Assistant or Deputy Secretary. Executive Director,
Assistant or Deputy Executive Director, and anyone having the power nor-
mally conferred upon such persons, regardless of title.
3) The following positions In each state department or division: Director,
Assistant or Deputy Director, Bureau Chief, Assistant Bureau Chief, and any
person having the power nonnally conferred upon such persons, regardless
of title
4) Assistant State Attorneys, Assistant Public Defenders, Public
Counsel, full-time state employees serving as counselor assistant counsel to
a state agency, administrative law judges. and hearing officers.
5) The Superintendent or Director of a state mental health institute estab-
lished for training and research in the mental health field, or any major state
institution or facility established for corrections, training, treatment, or rehabili-
tation.
6) State agency Business Managers, Finance and Accounting Directors,
Personnel Officers, Grant Coordinators, and purchasing agents (regardless of
title) with power to make a purchase exceeding $15,000.
7) The following positions in legislative branch agencies: each employ-
ee (other than those employed in maintenance. clerical, secretarial, or similar
positions and legislative assistants exempted by the presiding officer of their
house); and each employee of the Commission on Ethics.
INSTRUCTIONS FOR COMPLETING FORM 1:
INTRODUCTORY INFORMATION (At Top of Form)
If your name, mailing address, public agency, and position are
already printed on the form, you do not need to provide this informa-
tion unless it should be changed. To change any of this information,
write the correct information on the form, then contact your agency's
financial disclosure coordinator. Your coordinator is identified in the
financial disclosure portal on the Commission on Ethics website:
www.ethics.state.f1.us.
NAME OF AGENCY: This should be the name of the governmental unit
which you serve or served, by which you are or were employed, or for
which you are a candidate. For example, .City of Tallahassee," "Leon
County." or "Department of Transportation."
OFFICE OR POSITION HELD OR SOUGHT: Use Ihe title of the office
or position you hold. are seeking, or held during the disclosure period (in
some cases you may not hold that position now, but you still would be
required to file to disclose your interests during the last year you held that
position). For example, "City Council Member:' "County Administrator,"
.Purchasing Agent," or "Bureau Chief." If you are a candidate for office or
are a new employee or appointee, check the appropriate box.
MAILING ADDRESS: If your home address appears on the form but
you prefer another address be shown, change the address as described
above If you are an active or former officer or employee listed in Section
119.071(4)(d), F.S.. whose home address is exempt from disclosure,
the Commission is required to maintain the confidentiality of your home
address if you submit a written reauest for confidentialitv. Persons
CE FORM 1 - Eff. 112009
listed in Section 119.071(4)(d), F.S., are encouraged to provide an address
other than their home address.
DISCLOSURE PERIOD: The tax year for most Individuals is the calendar
year (January 1 through December 31). If that is the case for you, then
your financial interests should be reported for the calendar year 2008; just
check the box and you do not need to add any information in this part of
the form. However, if you file your IRS tax return based on a tax year that is
not the calendar year, you should specify the dates of your tax year in this
portion of the fonn and check the appropriate box. This is the time frame
or "disclosure period" for your report.
MANNER OF CALCULATING REPORTABLE INTERESTS: As noted in
this portion of the form, the Legislature has given filers the option of report-
Ing based on either thresholds that are comparative (usually, based on
percentage values) or thresholds that are based on absolute dollar values.
The instructions on the following pages specifically describe the different
thresholds. Simply check the box that reflects the choice you have made.
You must use the type of threshold you have chosen for each part of the
fonn. In other words, if you choose to report based on absolute dollar
value thresholds. you cannot use a percentage threshold on any part of
the form.
(CONTINUED on page 4) cjj=
PAGE 3
2780f289
PART A - PRIMARY SOURCES OF INCOME
[Required by Sec. 112.3145(3)(a)1 or (b)1, Fla. Stat.]
Part A is intended to require the disclosure of your principal sources of
income during the disclosure period. You do not have to disclose the amount
of income received. The sources should be listed in descending order,
with the largest source first. Please list in this part of the form the name,
address, and principal business activity of each source of your income which
(depending on whether you have chosen to report based on percentage
thresholds or on dollar value thresholds) either:
exceeded five percent (5%) of the gross income received by you in
your own name or by any other person for your benefit or use during the
disclosure period, or
exceeded $2,500.00 (of gross income received during the disclosure
period by YDU in your own name Dr by any other persDn fDr your use Dr
benefit).
You need not list your public salary received from serving in the
positiDn(s) which requires YDU to file this form, but this amount ShDUld be
included when calculating your gross income for the disclosure period. The
income of YDur spouse need not be disclosed. However. if you are reporting
based on percentage threshDlds and if there is joint income to YDU and YDur
spouse from property held by the entireties (such as interest or dividends
frDm a bank account or stocks held by Ihe entireties). you should include all
Df that income when calculating YDUr gross income and disclDse the source
of that income if it exceeded the 5% threshold.
"Gross income" means the same as it does for income tax purposes,
including all income from whatever source derived, such as cDmpensatiDn for
services, gross income from business. gains from property dealings, interest,
rents. dividends, pensions, social security, distributive share Df partnership
gross incDme, and alimDny, but not child support.
Examples:
- If you were employed by a company that manufactures computers
and received more than 5% of your gross income (salary, commissiDns,
etc.) frDm Ihe cDmpany (Dr, alternatively, $2,500), then you should list
the name of Ihe company. ils address, and ils principal business activity
(cDmputer manufacturing).
- If YDU were a partner in a law firm and your distributive share of
partnership gross income exceeded 5% Df your gross income (Dr,
alternatively, $2.500), then YDU should list the name of the firm, its
address, and its principal business activity (practice of law).
- If YDU were the sDle proprietor of a retail gift business and your gross
income from the business exceeded 5% of your tDtal gross income (or,
alternatively. $2,500), then you should list the name Df the business. its
address, and its principal business activity (retail gift sales).
- If YDU received incDme from investments in stocks and bDnds, you
are required to list only each individual cDmpany from which you derived
more Ihan 5% of your gross income (or, alternatively, $2,500). rather
than aggregating all of your investment incDme.
- If mDre than 5% of your grDss income (Dr. alternatively, $2,500)
was gain frDm the saie of property (not just the selling price), then
you should list as a SDurce of income the name Df the purchaser. the
purchaser's address, and the purchaser's principal business activity. If
the purchaser's identity is unknown, such as where securities listed on
an exchange are sold through a brokerage firm, the SDurce of income
should be listed simply as 'sale of (name of cDmpany) stDck," for
example.
- If mDre than 5% Df your gross income (or. altematively, $2,500)
was in the fDrm Df interest from Dne particular financial institution
(aggregating interest from all CD's, accounts, etc" at that institution),
list the name of the institution, its address. and its principal business
activity.
PART B - SECONDARY SOURCES OF INCOME
[Required by Sec. 112.3145(3)(a)2 or (b)2, Fla. Stat.]
This part is intended to require the disclosure Df major customers,
clients, and other sources Df income to businesses in which YDU own an
interest. YDU will not have anything tD report unless :
(a) If you are reporting based on percentage threshDlds:
(1) You owned (either directly or indirectly in the form of an
equitable or beneficial interest) during the disclosure period more
than five percent (5%) of the total assets or capital stock of a
business entity (a corpDration. partnership, limited partnership,
proprietorship, joint venture, trust, firm. etc., doing business in
Florida); and
(2) YDU received more than ten percent (10%) of your gross income
during the disclDsure period from that business entity; and
(3) You received more than $1,500 in gross income from that
business entity during the periDd.
(b) If you are reporting based on dollar value thresholds:
(1) YDU owned (either directly or indirectly in the form of an
equitable or beneficial interest) during the disclosure period more
than five percent (5%) of the total assets Dr capital stock of a
business entity (a cDrpDration. partnership. limited partnership,
proprietorship. jDint venture, trust, firm, etc., doing business in
Florida); and
(2) You received more than $5,000 of your gross income during
the disclosure period from that business entity.
If your interests and gross income exceeded the appropriate thresholds listed
above, then for that business entity you must list every source of income to
the business entity which exceeded ten percen1 (10%) Df the business entity's
gross income (computed on the basis of the business entity's most recently
completed fiscal year), the source's address. and the source's principal
business activity.
Examples:
- YDU are the sDle prDprietor Df a dry cleanmg business, from which
you received mDre than 10% of YDur gross income (an amount that was
more than $1,500) (or. alternatively, more than $5,000. if you are using
dDllar value thresholds). If only one customer, a uniform rental company,
prDvided mDre than 10% of your dry cleaning business, you must list
the name of the uniform rental company, its address, and Its principal
business activity (unifDrm rentals).
- You are a 20% partner in a partnership that owns a shopping mall
and your partnership income exceeded the thresholds listed above. You
should list each tenant Df the mall that provided more than 10% of the
partnership's gross income, the tenant's address and principal business
activity.
- You own an orange grove and sell all your oranges to one marketing
cooperative. You should list the cooperative, its address, and its principal
business activity if your income met the threshDlds.
PART C - REAL PROPERTY
[Required by Sec. 112.3145(3)(a)3 or (b)3. Fla. Stat.]
In this part, please list the location or description of all real property (land
and buildings) in Florida in which you Dwned directly or indirectly at any time
during the previDus tax year in excess of five percent (5%) of the property's
value. This threshold is the same. whether you are using percentage
thresholds or dollar thresholds. YDU are not required to list YDUr residences
and vacation homes; nDr are you required to state the value Df the prDperty
on the form.
Indirect ownership includes situations where you are a beneficiary of
a trust that Dwns the property. as well as situations where you are more
than a 5% partner in a partnership or stDckholder in a corporation that Dwns
the property. The value of the property may be determined by the most
recently assessed value for tax purposes, in the absence of a more current
appraisal.
The location or descriptiDn of the property should be sufficient to
enable anyone who looks at the form to identify the property. AlthDugh a
legal description of the property will do, such a lengthy description is not
required. Using simpler descriptions, such as "duplex. 115 Terrace Avenue,
Tallahassee" or 40 acres IDcated at the intersection of Hwy. 60 and 1-95. Lake
County" is sufficient. In some cases, the property tax identification number of
the property will help in identifying it: '120 acre ranch on Hwy. 902, Hendry
County, Tax ID # 131-45863."
(CONTINUED on page 5) r:::tr
CE FORM 1 - Eft. 1/2009
PAGE 4
279 of 289
Examples:
_ You own 113 of a partnership or small corporation that owns both a
vacant lot and a 12% interest in an office building. You should disclose
the lot, but are not required to disclose the office building (because your
1/3 of the 12% interest-which equals 4%--does not exceed the 5%
threshold).
_ If you are a beneficiary of a trust that owns real property and your
interest depends on the duration of an individual's life, the value of your
interest should be determined by applying the appropriate actuarial table
to the value of the property itself, regardless of the actual yield of the
property.
PART D - INTANGIBLE PERSONAL PROPERTY
[Required by Sec. 112.3145(3)(a)3 or (b)3, Fla. Stat.]
Provide a general description of any intangible personal property that, at
any time during the disclosure period, was worth more than:
(1) ten percent (10%) of your total assets (if you are using percentage
thresholds), Q[
(2) $10,000 (if you are using dollar value thresholds),
and state the business entity to which the property related. Intangible per-
sonal property includes such things as money, stocks, bonds. certificates of
deposit, interests in partnerships, beneficial interests in a trust, promissory
notes owed to you, accounts receivable by you, IRA's, and bank accounts.
Such things as automobiles, houses, jewelry, and paintings are not intan-
gible property. Intangibles relating to the same business entity should be
aggregated; for example. two certificates of deposit and a savings account
with the same bank. Where property is owned by husband and wife as ten-
ants by the entirety (which usually will be the case), the property should be
valued at 100%.
Calculations: In order to decide whether the intangible property exceeds
10% of your total assets, you will need to total the value of all of your assets
(including real property, intangible property, and tangible personal property
such as automobiles. jewelry, furniture. etc.). When making this calculation,
do not subtract any liabilities (debts) that may relate to the property-add
only the fair market value of the property, Multiply the total figure by 10% to
arrive at the disclosure threshold. List only the intangibles that exceed this
threshold amount. Jointly owned property should be valued according to the
percentage of your joint ownership, with the exception of properly owned by
husband and wife as tenants by the entirety, which should be valued at 100%.
None of your calculations or the value of the property have to be disclosed on
the form. If you are using dollar value thresholds, you do not need to make
any of these calculations.
Examples for persons using comparative (percentage) thresholds:
- You own 50% of the stock of a small corporation that is worth
$100,000, according to generally accepted methods of valuing small
businesses. The estimated fair market value of your home and other
property (bank accounts, automobile, fumiture, etc.) is $200,000. As
your total assets are worth $250,000, you must disclose intangibles
worth over $25,000. Since the value of the stock exceeds this threshold,
you should list "stock" and the name of the corporation. If your accounts
with a particular bank exceed $25.000. you should list "bank accounts'
and bank's name.
- When you retired. your professional firm bought out your partner-
ship interest by giving you a promissory note, the present value of
which is $100.000. You also have a certificate of deposit from a bank
worth $75,000 and an investment portfolio worth $300,000, consisting
of $100,000 of ISM bonds and a variety of other investments worth
between $5,000 and $50,000 each. The fair market value of your
remaining assets (condominium, automobile, and other personal prop-
erty) is $225,000. Since your total assets are worth $700.000, you must
list each intangible worth more than $70,000. Therefore, you would list
"promissory note" and the name of your former partnership, "certificate
of deposit" and the name of the bank, "bonds" and "ISM: but none of
the rest of your investments,
PART E - LIABILITIES
[Required by Sec. 112.3145(3)(a)4 or (b)4, Fla Stat.]
In this part of the form, list the name and address of each private or
governmental creditor to whom you were indebted at any time during the
disclosure period in an amount which exceeded:
(1) your net worth (if you are using percentage thresholds), Q[
(2) $10,000 (if you are using dollar value thresholds).
You are not required to list the amount of any indebtedness or your net
worth. You do not have to disclose any of the following: credit card and retail
installment accounts, taxes owed (unless reduced to a judgment), indebted-
ness on a life insurance policy owed to the company of issuance, contingent
liabilities, and accrued income taxes on net unrealized appreciation (an
accounting concept). A "contingent liability" is one that will become an actual
liability only when one or more future events occur or fail to occur, such as
where you are liable only as a guarantor, surety. or endorser on a promissory
note. If you are a "co-maker" and have signed as being jointly liable or jointly
and severally liable, then this is not a contingent liability; if you are using the
$10,000 threshold and the total amount of the debt (not just the percentage
of your liability) exceeds $10,000, such debts should be reported
Calculations for persons usmg comparative (percentage) thresholds: In
order to decide whether the debt exceeds your net worth, you will need to
total all of your liabilities (including promissory notes. mortgages. credit card
debts, lines of credit, judgments against you, etc.). Subtract this amount from
the value of all your assets as calculated above for Part 0 This is your "net
worth." You must list on the form each creditor to whom your debt exceeded
this amount unless it is one of the types of indebtedness listed in the para-
graph above (credit card and retail installment accounts, etc.). Joint liabilities
with others for which you are "jointly and severally liable." meaning that you
may be liable for either your part or the whole of the obligation, should be
included in your calculations based upon your percentage of liability, with
the following exception: joint and several liability with your spouse for a debt
which relates to property owned by both of you as "tenants by the entirety"
(usually the case) should be included in your calculations by valuing the asset
at 100% of its value and the liability at 100% of the amount owed,
Examples for persons using comparative (percentage) thresholds:
- You owe $15,000 to a bank for student loans, $5,000 for credit
card debts, and $60,000 (with your spouse) to a savings and loan for a
home mortgage. Your home (owned by you and your spouse) is worth
$80,000 and your other property is worth $20,000. Since your net worth
is $20,000 ($100,000 minus $80,000), you must report only the name
and address of the savings and loan.
- You and your 50% business partner have a $100,000 business loan
from a bank, for which you both are jointly and severally liable. The
value of the business. taking into account the loan as a liability of the
business, is $50,000, Your other assets are worth $25,000. and you
owe $5,000 on a credit card. Your total assets will be $50.000 (half of
a business worth $50,000 plus $25.000 of other assets). Your liabilities,
for purposes of calculating your net worth, will be only $5,000, because
the full amount of the business loan already was included in valuing the
business, Therefore, your net worth is $45.000. Since your 50% share
of the $100,000 business loan exceeds this net worth figure, you must
list the bank.
PART F
BUSINESSES
INTERESTS
SPECIFIED
IN
[Required by Sec. 112.3145(5), Fla. Stat.]
The types of businesses covered in this disclosure are only: state and
federally chartered banks; state and federal savings and loan associations;
cemetery companies; insurance companies (including insurance agencies);
mortgage companies; credit unions; small loan companies; alcoholic bever-
age licensees; pari-mutuel wagering companies, utility companies, entities
controlled by the Public Service Commission; and entities granted a franchise
to operate by either a city or a county government
(CONTINUED on page 6) r.]fF
CE FORM 1 - Elf. 1/2009
PAGE 5
280 of 289
You are required to disclose in this part of the form the fact that you
owned during the disclosure period an interest in, or held any of certain posi-
tions with, particular types of businesses listed above. You are required to
make this disclosure if you own or owned (either directly or indirectly in the
form of an equitable or beneficial interest) at any time during the disclosure
period more than five percent (5%) of the total assets or capital stock of one
of the types of business entities granted a privilege to operate in Florida that
are listed above. You also must complete this part of the form for each of
these types of businesses for which you are. or were at any time during the
disclosure period, an officer, director, partner, proprietor, or agent (other than
a resident agent solely for service of process).
If you have or held such a position or ownership interest in one of these
types of businesses, list (vertically for each business): the name of the busi-
ness, its address and principal business activity. and the position held with
the business (if any). Also, if you own(ed) more than a 5% interest in the
business, as described above. you must indicate that fact and describe the
nature of your interest.
PENALTIES
(End of Instructions.)
A failure to make any required disclosure constitutes grounds for and may be punished by one or more of the following: dis-
qualification from being on the ballot, impeachment, removal or suspension from office or employment, demotion, reduction in
salary, reprimand, or a civil penalty not exceeding $10,000. [Sec. 112.317, Florida Statutes]
Also, if the annual form is not filed by September 1 st, a fine of $25 for each day late will be imposed, up to a maximum
penalty of $1,500. [Section 112.3145, F.S.].
OTHER FORMS YOU MAY NEED TO FILE
IN ORDER TO COMPLY WITH THE ETHICS LAWS
In addition to filing Form 1, you may be required to file one or more of the special purpose forms listed below, depending on your particular position,
business activities, or interests. As it is your duty to obtain and file any of the special purpose forms which may be applicable to you, you should carefully
read the brief description of each form to determine whether it applies.
Form 1 F - Final Statement of Financial
Interests: Required of local officers, state officers, and specI-
fied state employees within 60 days after leaving office or employment.
This form is used to report financial interests between January 1 st of the
last year of office or employment and the last day of office or employ-
ment. [Sec. 112.3145(2)(b), Fla. Stat.]
Form 1X - Amended Statement of Financial
Interests: To be used by local officers, state officers, and speci-
fied state employees to correct mistakes on previously filed Form 1 'so
[Sec. 112.3145(9), Fla. Stat.]
Form 2 - Quarterly Client Disclosure: Required
of local officers, state officers, and specified state employees to
disclose the names of clients represented for compensation by them-
selves or a partner or associate before agencies at the same level of
government as they serve. The form should be filed by the end of the
calendar quarter (March 31, June 30, Sept. 30. Dec. 31) following the
calendar quarter in which a reportable represen1ation was made. [Sec.
112.3145(4), Fla. Stat.]
Form. 3A - Stat~ment.of Interest in Competitive
Bid for PubliC Busmess: Required of public officers and
public employees prior to or at the time of submission of a bid for public
business which otherwise would violate Sec. 112.313(3) or 112.313(7),
Fla. Stat. [Sec. 112.313(12)(b), Fla. Stat.]
Form 4A.- Di~closure of Business Transaction,
Relationship, or Interest: Required of public officers and
employees to disclose certain business transactions, relationships. or
interests which otherwise would violate Sec. 112.313(3) or 112.313(7),
Fla. Stat. [Sec. 112.313(12) and (12)(e), Fla. Stat.]
Form 8A - J;demorandum of Voting Conflict for
State Officers: Required to be filed by a state officer within 15
days after having voted on a measure which inured to his or her special
private gain (or loss) or to the special gain (or loss) of a relative. busi-
ness associate, or one by whom he or she is retained or employed. Each
appointed state officer who seeks to influence the decision on such a
measure prior to the meeting must file the form before undertaking that
action. [Sec. 112.3143. Fla. Stat.]
Form 88 - Memorandum of Voting Conflict for
COl!nty, Municipal, and Other Local Public
Officers: Required to be filed (within 15 days of abstention) by
each local officer who musl abstain from voting on a measure which
would inure to his or her special private gain (or loss) or the special gain
(or loss) of a relative, business associate, or one by whom he or she is
retained or employed. Each appointed local official who seeks to influ-
ence the decision on such a measure prior to the meeting must file the
form before undertaking that action. ISec. 112.3143, Fla. Stat.]
Form 9 - Quarterly Gift Disclosure: Required of
local officers, state officers, specified state employees, and state
procurement employees to report gifts over $100 in value. The form
should be filed by the end of the calendar quarter (March 31, June 30,
September 30, or December 31) following the calendar quarter in which
the gift was received. [Sec. 112.3148, Fla. Stat.]
Form 10 - Annual Disclosure of Gifts from
Governmental Entities and Direct Sup-port
Organizations and Honorarium Event Related
Expenses: Required of local officers, state officers, specified
state employees, and state procurement employees to report gifts
over $100 in value received from certain agencies and direct support
organizations; also to be utilized by these persons to report honorarium
event-related expenses paid by certain persons and entities. The form
should be filed by July 1 following the calendar year in which the gift or
honorarium event-related expense was received. ISec. 112.3148 and
112.3149, Fla. Stat.]
AVAILABILITY OF FORMS; FOR MORE INFORMATION
CODies of these forms are available from the Supervisor of
Elections in your county; from the Commission on Ethics, Post
Office Drawer 15709, Tallahassee, Florida 32317-5709; telephone
(850) 488-7864 (Suncom 278-7864): and at the Commission's web
site: www.ethics.state.fl.us.
CE FORM 1 - Eff. 1/2009
Questions about any of these forms or the ethics laws may be
addressed to the Commission on Ethics, Post Office Drawer
15709, Tallahassee, Florida 32317-5709; telephone (850) 488-7864
(Suncom 278-7864).
PAGE 6
281 of289
Exhibit C
Proposed Selection Criteria for CRA Board Members
At its meeting of June 16, 2009 the City Commission approved an ordinance authorizing
the creation of an independent seven member Community Redevelopment Agency
Board (CRA). This was essentially a replication of a similar action taken by the City
Commission early in the year 2000. Unlike the earlier action, however, in this instance
the Commission has reserved for itself the task of interviewing the potential applicants
for positions on the CRA Board as well as making the final selection.
It should be noted that Florida Statute 163.356 establishes the structure, number, and
terms of office for members of the Board of Commissioners of Community
Redevelopment Agencies. However, while it also sets out in broad terms the powers
and responsibilities of CRA Board members, the statute does not specify the types of
characteristics and skills Board members should possess in order to most effectively
fulfill those responsibilities.
It is with this in mind that staff recommends that, during the interview and selection
process, the following characteristics and skills be considered:
First, persons considered for appointment to the CRA Board should be the kind of
individuals who see serving on the CRA Board as a civic duty and public trust, rather
than merely an opportunity to enhance their personal business or political interests.
Second, individuals appointed to the CRA Board should be able to "think outside of the
box." Although the phrase has tended to become a cliche, it is important for CRA Board
members to be open to new ideas (as opposed to being fixated on the past) and have a
broad vision of a dynamic and growing city full of possibilities.
In addition, those appointed to the CRA Board should be enthusiastic advocates for
Boynton Beach as demonstrated by past or current participation on other boards and
commissions or by leadership roles in community activities.
Finally, the CRA Board members should represent a broad range of professional and
technical competencies that would enhance the CRA's mission as well as be
representative of the demographic diversity of the city as a whole and the CRA area in
particular. To this end it is recommended that particular consideration be given to
individuals with backgrounds in accounting, architecture, banking, engineering, financial
management, land development, real estate and urban planning. In addition, at least
two of the seven CRA Board members should be either business owners in and/or
residents of the CRA area.
282 of 289
r
... .
.;'
~
,
...
r
rl:1e go)(nt~ meqeh CU serves the
cornmuAity e}l ~uieing rede~elo~iu;Jleflt
acti~i1!ies tAat creat~ a viBrant downtown
core and revitalited neig~eorAoods
w~tAin the Age,nc)C's Elistrict corn~rise,d of
1,',5.0 acres along lIDe eastern edge of
t~e Cit~ o~ ~.o)lntoa liaach.
r"
IIR~eIRA
. East Side-West Side-Seaside Renaissance
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RULES OF GOVERNANCE
I. CRA BOARD
A. Scope of Duties. The CRA Board shall be the goveming body of the
eRA and is responsible for the legislative and policy functions. The Boynton Beach
CRA Board's scope of duties are as set forth in Chapter 163, Pm1 III, FIOlida Statutes and
the Ordinances of the City of Boynton Beach, as amended from time to time.
B. Meetim! Procedures. Board meetings shall be conducted according to
procedures enacted by the Board. In the absence of Board-enacted procedures, Board
meetings shall be governed by Robert's Rules of Order.
C. Conflicts of Interest. CRA Board members shall at all times conduct
themselves in compliance with the conflict of interest requirements as set forth in
Chapters 163 and 112, Florida Statutes, as well as any other applicable State statutes and
City ordinances.
D. CRA Expenditures. CRA funds may only be expended in furtherance of
the eRA's mission and duties as provided for in the Florida Statutes and City ordinances.
To that end, the following shall apply:
1. The Board shall, as required by law, prepare and enact an annual
budget reflecting all anticipated revenues and expenditures.
2. Expenditures not specifically reflected in the budget or otherwise
falling within the category of budgeted normal operating expenses, shall require Board
approval at an official regular or special Board meeting.
3. Board members and, when appropriate, staff shall be entitled to
reimbursement of expenses incurred in the course of official CRA business subject to the
following:
(a) Such reimbursement shall be in compliance with relevant
state and city laws and ordinances, consistent with audit findings of any regular or special
audit commissioned by the eRA board, Boynton Beuch City Commission or other
governmental entity, and pursuant to any Board adopted policies and procedures;
(b) Such reimbursement shall be subject to reporting and
submission requirements as established by the Executive Director or his/her authorized
designee for implementation of Board adopted policies and procedures or, in the absence
of such Board adopted policies and procedures, as determined by the Executive Director:
4. Board members shall restrict their use of eRA offices, telephones.
business machines or other properties to the sole purpose of conducting eRA business or
addressing CRA matters or concerns. All other uses shatt be permitted only in
284 of 289
accordance with CRA policies und procedures and subject to reimbursement to the CRA
of the actual cost or value of the non-CRA related use of such services or properties.
E. Miscellaneous.
II. ADMINISTRA TION
A. The CRA Board, by majority vote of its membership. shall appoint an
Executive Director who shall serve at the pleasure of the Board. The Executive Director
shall be appointed on the basis of executive and administrative qualifications as
established by the Board. The compensation and benefits of the Executive Director shall
be determined by the Board. The Board shall annually review the Executive Director's
performance. The Assistant Executive Director, in the absence of the Executive Director.
shall perform the duties of the Executive Director during his/her temporary absence.
Should the position of Assistant Executive Director not be filled, the Executive Director
shall designate an individual who shall perform the duties of the Executive Director
during his/her temporary absence.
B. The Executive Director shall be responsible to the CRA Board for the
proper administration of all affairs of the CRA coming under his/her jurisdictiun and to
that end the Executive Director's powers and duties include:
I. To see that the policies and directives of the CRA Board are
enforced.
2. To administer and manage the day to day operations and activities
of the eRA.
3.
consi derati on.
To prepare and submit an annual budget to the CRA Board for its
4. To attend all meetings of the CRA Board with the right to take part
in the discussion but without having a vote.
5. To recommend to the CRA Board for adoption such matters as
he/she may deem necessary or expedient in the interest of the CRA.
6. To employ and remove all employees of the CRA; provided
however, that independent contractors such as the CRA attomey, consultants and other
contract vendors shall be appointed and removed in the sole discretion of the CRA Board.
7. To make such repol1S as the CRA may require concerning the
operations of the CRA.
8. To expend CRA funds or authorize the expenditure of CRA funds
only in compliance with State and City law. the budget approved by the eRA Board,
obligations incurred in the normal course of CRA business .md as otherwise authorized
by the eRA Board.
285 of 289
9. To perform such other duties as may be directed by the CRA
Board.
C. No member of the eRA Board shall dictate the appointment of any person
to office or employment by the Executive Director or in any manner interfere with the
Ex.ecutive Director or prevent him/her from exercising his/her own judgment in the
appointment of employees in the administrative service,
D. The Executive Director shall be the administrative head of the CRA under
the general supervision of the CRA Board. Except for the purpose of inquiries and
investigations, neither the CRA Board nor its member shall deal with CRA employees
who are subject to the direction and supervision of the Executive Director, or with
contractors. suppliers or vendors of the CRA except through the Executive Director, and
the CRA Board members shall not give orders to any such employees, contractors,
suppliers or vendors either publicly or privately. Except as specifically directed by the
CRA Board as a whole, and as otherwise reflcctcd in oFficially adoptcd and enacted
Board resolutions, policies and procedures, the Executive Director shall have the sole
authority and responsibility to direct the actions and tasks of CRA staff. Nothing in the
foregoing is to be construed to prohibit the CRA Board from closely scrutinizing by
questions and personal observations, all aspects of CRA operations so as to obtain
independent information to assist them in the formation of sound policies to be
considered by the CRA Board.
E. In order to insure the effective and efficient performance of staff duties
and functions, office visits by Board members with the Executive Director, or through the
Executive Director, other members of the CRA staff, shall be scheduled by appointment
through the Executive Director or his/her designee, All meetings with more than one (I)
Board member at a time shall be publicly noticed as required by law.
F. Between official Board meetings, the Executive Director shall endeavor to
keep Board members reasonably informed of events or situations affecting the CRA
which, in the view of the Executive Director, require Board notification prior to the next
Board meeting or workshop. In the evcnt the Executive Director IS required, due to
unforeseen and/or uncontrollable circumstances, to deviate from a course of action he/she
was directed 10 take by the Board or had otherwise publicly announced, he/she shall
immediately consult with the Board chair, or in his/her absence, the Vice-chair, and will
provide notification to the remaining Board members as soon thereafter as practkable.
All such actions and communications shall be conducted in full compliance with
Florida's Govemmenl in the Sunshine and Public Records Laws.
1:IClient Documents\Boynton Beach eRA 124 I 9-000IMiscIRu les of Gm'ernance ,doc
286 of 289
II
I I
ORDINANCE NO. 09-0W
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
6 CHAPTER 2. ADMINISTRATION, SECTION 2-13.2
7 PROVIDING FOR APPOINTMENT OF A SEVEN
8 MEMBER BOARD OF COMMISSONERS OF THE
9 COMMUNITY REDEVELOPMENT AGENCY;
] 0 PROVIDING A TRANSITION DATE FOR THE SEVEN
II MEMBER BOARD TO TAKE OFFICE; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
14
15
16 WHEREAS, the City of Boynton Beach has determined that it is in the best interests of
17 the citizens and residents of the City to appoint a seven member Board of Commissioners of the
18 Community Redevelopment Agency in lieu of the City Commission providing governance of
19 the Agency.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
24 Section I. That Chapter 2. Administration, Section 2-13.2 shall be amended by
25 adding the words and figures in underlined type, as follows:
26
27 Sec. 2-13.2. Governing body of community redevelopment agency.*
28 _(a) The meffiaers of the City Commission eeastitl:lte the governing body (Board) of
29 the Community Redevelopment Agency shall be comprised of seven (7) members appointed by
30 the Citv Commission.
31 _(b) Chair and Vice-Chair. The City Commission shall designate Mayar shall be the
32 Chairperson and the Vice Mayor the Vice Chairperson of the Board of the Community
33 Redevelopment Agency.
34
35
36
37
38
39
(c)
The terms of office of the Board Members shall be for 4 years. except that three
of the members first appointed shall be designated to serve terms of L 2, and 3
years. respectively. from the date of their appointments. and all other members
shall be designated to serve for terms of 4 vears from the date of their
appOintments. A vacancy occurring during a term shall be filled for the
unexpired term.
S'ICAIOrdinanceslCRA\CRA Board Seven New Members 060209 doc
287 of 289
II
I
2
3
4
5
6
7
(d)
Any person may be appointed as a Board Member if he or she resides or is
engaged in business. which means owning a business. practicing a profession. or
performing a service for compensation. or serving as an officer or director of a
corporation or other business entity so engaged. within the area of operation of
the Agency. which shall be coterminous with the area of operation of the City.
and is otherwise eligible for such appointment under Part III of Chapter 163.
Florida Statutes.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Section 2. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 4.
Authority is hereby granted to codify said ordinance.
Section 5. This ordinance shall become effective immediately upon passage,
however. the transition date of the Agency Board from the City Commission to the seven (7)
member Board shall be at the commencement of the Board Meeting held on the second Tuesday
of the month following: the appointment of the seven (7) board members. at which time the
seven (7) member board shall take office.
FIRST READING this ~tA day of June, 2009.
2
S:\CA\OrdinanceslCRA\CRA Board Seven New Members 060209.doc
288 of 289
II
D.
SECOND, FINAL READING AND PASSAGE this " day of June, 2009.
1
2
3
4 i I
5 i I
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
'.,
~-
33
34
35
36
37
38
39
40
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
1'\ --.." -
'--. i-' ) /- v . ('.........
~ .......~""L.. I ". ~ L.
Mayor - Jerry' T~or
. {
~ :.-
I
U
Vice Mayor - Woodrow L.
/,,~ -.-/7 ,/'
~ / ./,~'
. ,// -.
~~- ,
/.---y
Commissioner
i
Commissioner -
Commissioner - Marlene Ross
S:\CA\Ordinances.CRA\CRA Board Seven New Members 060209. doc
3
289 of 289
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/kla 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/kJa Palmetto Street), subject to
staff comments. The property being abandoned is more particularly described as follows:
The 40 foot roadway, known as S.E. 1st Avenue (f/kla 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/kla 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
1630f289