Agenda 10-18-11 Searchable
The City of
100 E. Boynton Beach Boulevard ● (561) 742-6000
Boynton Beach
Boynton Beach
TUESDAY, OCTOBER 18, 2011
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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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).
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1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Ross
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcement of the Sand Sifters Harvest Beach Clean Up, which will be held
Saturday, November 5, beginning at 8 a.m. at Oceanfront Park.
B. Presentation of the US Green Building Council, South Florida Chapter, 2011 Gala
Verde award for Green Government.
C. Presentation recommending to the City Commission the establishment of Les Cayes,
Haiti as Boynton Beach's next Sister City. Major Joseph Bernadel will be making the
presentation.
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
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 regular meeting held on October 4,
2011
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B. PROPOSED RESOLUTION NO. R11-114 - Approve an annual service Agreement
with Motorola, Inc. in the amount of $108,443.04 for the continued maintenance and
repair of the City's radio telecommunications system and authorize the Interim City
Manager to sign the Agreement.
C. PROPOSED RESOLUTION NO. R11-115 - Approve the revised fee structure for
Boynton Beach Memorial Park / Sara Sims Memorial Gardens
D. Approve a new classification to the City's pay plan and change the position title of a
City employee to the new classification.
E. Approve the expenditure of $27,506.85 for the annual renewal of the Grants Network
Master License and Service Agreement with eCivis.
F. Accept the written report to the Commission for purchases over $10,000 for the month
of September 2011.
G. Approve an Audit Committee comprised of the Director of Financial Services, Deputy
Director of Financial Services and Budget Manager for the purpose of recommending
a CPA Firm to conduct the annual audit of the City's financial statements.
7. BIDS AND PURCHASES OVER $100,000
A. (1) Disposition of bid protest appeal (2) Reject the seven (7) highest bids the City
received in response to the Invitation to Bidders
(3) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-
11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford,
Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of
the amount of $81,200 for a total funding authorization of $893,200. - (TABLED
8/16/11 & 9/6/11 & 9/20/11 & 10/4/11)
B. Approve changes to the Annual Bid for Landscape Maintenance, original Bid #054-
2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders,
due to the closing of one of the awarded vendors - TABLED ON 10/4/11
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 11-026 - SECOND READING - Approve Habitat for
Humanity (LUAR 11-001) reclassifying subject property from Public and Private
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Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant:
Michael Campbell
B. PROPOSED ORDINANCE NO. 11-027 - SECOND READING - Approve Habitat for
Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family
Residential District) to R-1 (Single-family Residential District). Applicant: Michael
Campbell
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
A. Accept the Draft City of Boynton Beach Economic Development Program.
B. Discussion of the City's Branding Initiative and future development. Authorize the
utilization of up to $10,000 of Economic Development Incentive funding for
professional marketing services to facilitate completion of the brand development
process
C. Review the Florida Atlantic University (FAU) Consultant Report on redistricting
alternatives for City Commission Districts within the City of Boynton Beach, Florida
and direct staff to prepare a redistricting ordinance from one of the alternative district
configurations for the November 1, 2011 City Commission meeting.
12. NEW BUSINESS
A. Discuss cancellation of the December 20th, 2011, City Commission meeting in
observance of the Jewish celebration of Hanukkah
B. Appoint a five-member committee to review the recommendation by the City Manager
to rename Veterans' Bicentennial Park to Veterans' Memorial Park.
13. LEGAL
A. PROPOSED ORDINANCE NO. 11-028 - SECOND READING - Approve repealing the
City's firearm regulations for consistency with Chapter 2011-109, Laws of Florida,
which preempts firearm laws and regulation to the State.
B. PROPOSED ORDINANCE NO. 11-029 - SECOND READING - draft Lobbyist
Registration and Disclosure of Lobbying Activity Ordinance.
14. FUTURE AGENDA ITEMS
A. Request to consider amendment to City Code regarding temporary banners to allow
"feather" banners. 11/01/11
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B. Revisions to restrictions for vehicle size in residential districts - 11/01/11
C. CIP Utility Fund Report - 11/01/11
D. Review three (3) alternate proposals for leasing, construction and maintenance of a
billboard on property owned by the City - 11/15/11
E. Review process and timeline for the sale of City owned real property - three sites -
11/15/11
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 THE CITY
CLERK'S OFFICE (561) 742-6060 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.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:Announcement of the Sand Sifters Harvest Beach Clean
EQUESTED CTION BY ITY OMMISSION
Up, which will be held Saturday, November 5, beginning at 8 a.m. at Oceanfront Park.
ER: Gary Solomon of the Sand Sifters wishes to make the public aware
XPLANATION OF EQUEST
of the Harvest Beach Clean Up, which will be held at Oceanfront Park on Saturday, November
5, beginning at 8 a.m. at Oceanfront Park.
H? The Recreation & Parks Department will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
be joining the Sand Sifters in this exciting event, which, along with the monthly beach clean up,
will feature a food and toy drive benefitting the Community Caring Center of Boynton Beach, a
manatee awareness presentation by the Palm Beach County Environmental Management
Resources Division, information about community services and recycling from the Solid Waste
Authority, and plenty pumpkins.
FI: No fiscal impact.
ISCAL MPACT
A: Do not make the announcement.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:Presentation of the US Green Building Council, South
EQUESTED CTION BY ITY OMMISSION
Florida Chapter, 2011 Gala Verde award for Green Government.
ER: Accept the USGBC South Florida Gala Verde Green Government
XPLANATION OF EQUEST
award for the City’s achievements in implementation of the Climate Action Plan.
H? The City competed against 9 other
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
governmental agencies for recognition of the successes achieved to date in the
implementation of the Climate Action Plan. Key to the City’s success in securing this award
was the recent adoption of the Voluntary Green Building Program, establishing Boynton Beach
as only the second municipality in the Nation to adopt the International Code Council’s
International Green Building Code.
The finalists for the Outstanding Green Government award category were:
City of Boynton Beach
City of Coconut Creek
City of Miramar
City of North Miami
City of Pompano Beach
City of Wellington
School District of Palm Beach County
St. Lucie County
Town of Davie
The voluntary Green Building Program and changes to the City’s Land Development
Regulations, enacted as part of the implementation of the Climate Action Plan, further the
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common goal of the USGBC in achieving reduced energy consumption and promoting greater
water conservation. The City was nominated to submit its Climate Action Plan for consideration
by Green Community Alliance member Bill Whiteford.
FI: N/A
ISCAL MPACT
A: Do not allow the presentation.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:Presentation recommending to the City Commission the
EQUESTED CTION BY ITY OMMISSION
establishment of Les Cayes, Haiti as Boynton Beach's next Sister City. Major Joseph Bernadel will be
making the presentation.
ER: The Greater Boynton Beach Sister Cities, Inc. is requesting
XPLANATION OF EQUEST
approval from the City Commission to contact the Mayor of Les Cayes, Haiti to offer an
invitation to establish a Sister Cities relationship with the City of Boynton Beach. Upon
approval by the City Commission, an official letter signed by the Mayor and President of the
Greater Boynton Beach Sister Cities will be sent to the Mayor of Les Cayes.
In the event that the letter of invitation is accepted, a delegation from Boynton Beach (which
should include a member of the City Commission) will go to Les Cayes to discuss and identify
programs and exchanges of mutual interest. Following that visit, a delegation from Les Cayes
will be invited to Boynton Beach to further discuss the programs and exchanges and to meet
community leaders.
When there is mutual intent to become formally linked, both top-elected officials must sign
an official sister cities agreement. Upon receipt of a copy of this document, Sister Cities
International will send two official charters-one for Boynton Beach and one for Les Cayes. At
that point, the Greater Boynton Beach Sister Cities will be eligible to use the name "Sister
Cities," and both cities will officially become part of Sister Cities International’s network of
registered sister cities
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI: None at this time.
ISCAL MPACT
A: Not approve recommendation to invite Les Cayes, Haiti to become a Sister
LTERNATIVES
City with Boynton Beach.
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ADMINISTRATIVE
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RACC:Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER: The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
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.
H? Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI: None
ISCAL MPACT
A: Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
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RACC:Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on October 4, 2011
The City Commission met on October 4, 2011 and minutes were prepared from the notes
taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings
be prepared, approved and maintained in the records of the City of Boynton Beach.
H? A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
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CONSENT AGENDA
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ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-114 - Approve an
EQUESTED CTION BY ITY OMMISSION
annual service Agreement with Motorola, Inc. in the amount of $108,443.04 for the continued
maintenance and repair of the City's radio telecommunications system and authorize the Interim City
Manager to sign the Agreement.
ER: The City maintains a radio telecommunications system that
XPLANATION OF EQUEST
provides the Police Department, Fire/Rescue Department and other local government entities
with radio communications. The Motorola Company manufactured and installed our current
system which consists of computer consoles, portable radios, antennas and an infrastructure
that requires continuous monitoring and maintenance to insure operational readiness. The
City has a ten year relationship with Motorola and this request is for an annual maintenance
agreement for Motorola to provide monitoring and diagnostic services along with the
replacement or repair of any defects to the infrastructure, computer equipment, and radio
repair and upgrades as required. While Motorola has the option to subcontract radio
maintenance to an authorized Motorola subcontractor, the Communications infrastructure
(consoles, repeaters, etc) are serviced and maintained by Motorola directly. Authorized
subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly,
as their work orders are routed through Motorola.
H? This service agreement insures that
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
public safety and relevant local government entities can maintain radio communications which
is critical to the provision of services to the community.
FI: Budget item from the 2011-2012 fiscal year account number 001-1810-519.46-
ISCAL MPACT
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A: Radio communications are mission critical to the public safety function. The
LTERNATIVES
maintenance contract is required to insure continued operation of the system. If the current
system is not maintained the purchase of another system would be required.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND MOTOROLA, INC., PROVIDING FOR THE
MAINTENANCE OF THE RADIO SYSTEM FOR A TWELVE (12)
MONTH PERIOD, IN THE AMOUNT OF $108,443.04;
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City Commission of the City of Boynton Beach, Florida , upon the
recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service
Agreement with Motorola, Inc., for the maintenance of the radio system for a twelve (12) month period;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby approves the
Service Agreement for the maintenance of the radio system between the City of Boynton Beach and
Motorola, Inc. for a twelve (12) month period in the amount of $108,443.04.
Section 3
. The Interim City Manager is authorized to execute the Service Agreement, a copy
of which Agreement is attached hereto as Exhibit “A.”
Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
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Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
ATTEST: Commissioner – Marlene Ross
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONSENT AGENDA
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RACC:PROPOSED RESOLUTION NO. R11-115 - Approve the
EQUESTED CTION BY ITY OMMISSION
revised fee structure for Boynton Beach Memorial Park / Sara Sims Memorial Gardens
ER:
The Cemetery Board has reviewed fees for services provided at the City
XPLANATION OF EQUEST
cemeteries and the members have unanimously recommended approval of these additions and
increases.
Service Current Recommended
Overtime Fee - Beginning at 3:00 p.m. on Monday
through Saturday and all day on Sunday and $225 $250
holidays. Additionally, no services will be scheduled
after 3:30 p.m.
Fee for Transfer of Lot Deeds $30 $75
Cremated remains burials opening & closing fee $100 Anytime $250 weekdays/
Weekends/holidays
Emblem – This would be selected from a list on file
with the Cemetery staff/Parks Manager. (Emblems $75
not on list would require Board approval and a price
would be determined at that time.)
Granite Benches – India Gray” in color with harp-
style legs. (This price includes $110 for engraving $1,250 per bench
up to 20 characters with up to two first names and
one last name inscribed on each side of the bench
and a $3 charge for each character over 20
characters. All requests for inscriptions must be
approved by the Board.)
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The last replat in Boynton Beach Memorial Park provided double-depth plots which are new to our City
cemetery. The following price list has been established for those plots:
PRICING FOR DOUBLE-DEPTH PLOTS IN NEW REPLAT:
RESIDENT PRICES FOR DOUBLE DEPTH
PLOTS
PLOT INCLUDING VAULT $1,200***
NON-RESIDENT PRICES FOR DOUBLE-
DEPTH PLOTS
PLOT INCLUDING VAULT $2,050***
***Additional opening & closing fees apply
H?
No affect.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
It is anticipated that these additions and increases to fees should increase revenue
ISCAL MPACT
collected. However, it is difficult to project exactly how much additional revenue will be collected.
A:
None recommended.
LTERNATIVES
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH APPROVING AND AUTHORIZING THE
REVISED FEE STRUCTURE FOR BOYNTON BEACH
MEMORIAL PARK / SARA SIMS MEMORIAL GARDENS;
PROVIDING AND EFFECTIVE DATE.
WHEREAS
, the City Cemetery Board has reviewed fees for services provided at the City
cemeteries and has made a recommendation to the City Commission to revise the fee structure for
Boynton Beach Memorial Park / Sara Sims Memorial Garden; and
WHEREAS
, staff has conducted a survey of the fee structures for neighboring cemeteries that
revealed that the fees for the City of Boynton Beach cemeteries were among the lowest in Palm Beach
County
WHEREAS,
upon recommendation from the City Cemetery Board, the City Commission
approves the revised fee structure for Boynton Beach Memorial Park and Sara Simms Memorial
Gardens and determines that it is fair and reasonable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2: The City Commission of the City of Boynton Beach hereby approves and
authorizes the revised fee increases and additions as follows:
Service Current Recommended
Overtime Fee - Beginning at 3:00 p.m. on Monday
through Saturday and all day on Sunday and $225 $250
holidays. Additionally, no services will be
scheduled after 3:30 p.m.
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Fee for Transfer of Lot Deeds $30 $75
Cremated remains burials opening & closing fee $100 Anytime $250 weekdays/
Weekends/holidays
Emblem – This would be selected from a list on file
with the Cemetery staff/Parks Manager. (Emblems $75
not on list would require Board approval and a price
would be determined at that time.)
Granite Benches – India Gray” in color with harp-
style legs. (This price includes $110 for engraving $1,250 per bench
up to 20 characters with up to two first names and
one last name inscribed on each side of the bench
and a $3 charge for each character over 20
characters. All requests for inscriptions must be
approved by the Board.)
The last replat in Boynton Beach Memorial Park provided double-depth plots which are new to our City
cemetery. The following price list has been established for those plots:
PRICING FOR DOUBLE-DEPTH PLOTS IN NEW REPLAT:
RESIDENT PRICES FOR DOUBLE
DEPTH PLOTS
PLOT INCLUDING VAULT $1,200***
NON-RESIDENT PRICES FOR
DOUBLE-DEPTH PLOTS
PLOT INCLUDING VAULT $2,050***
***Additional opening & closing fees apply
Section 3. This Resolution shall become effective immediately upon its passage.
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PASSED AND ADOPTED this _________ day of October, 2011.
CITY OF BOYNTON BEACH
___________________________
Mayor – Jose Rodriguez
___________________________
Vice Mayor – William Orlove
___________________________
Commissioner – Woodrow L. Hay
___________________________
Commissioner – Steven Holzman
__________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CEMETERY COMPARISON
PINE CREST LAKE WORTH MEMORY
PALM BEACH
CEMETERY LAKE GARDENS DELRAY BEACH
MEMORIAL PARK
WORTHLAKE WORTH
$250.00 every hour
1Cemetery Overtime Fee$250.00No O & C after 3:00 pm after 3:00 pm$100.00 per hour
No transfers. Owner
sells back to the City for
original purchase price.
City can then re-sell lot
2Transfer of Deed for today's prices $50.00$50.00$75.00
$75.00 for residents
Cremated Remains - Open $175.00 & $350.00 after $100.00 for non-
3and Close 3:00$495.00$395.00residents
no additional charge, $895.00 package
4Emblem n/a included in package includes everything n/a
5Granite Benches n/a n/a n/a n/a
Prices range from
single-$2,195.00, double-$2,692.50 to $3,442.50,
$4,195.00. Price includes plus $1,592.00 for the
6Double Depthn/a vault and O & Cvaultn/a
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6. D
CONSENT AGENDA
October 18, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: October 18, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve a new classification to the City's pay plan and
EQUESTED CTION BY ITY OMMISSION
change the position title of a City employee to the new classification.
ER: Human Resources is requesting approval for the addition of a new
XPLANATION OF EQUEST
classification to the City’s pay plan, titled Communications/Network Coordinator, pay grade 22,
Fair Labor Standards Act (FLSA) status non-exempt. The proposed classification specification
is attached.
Human Resources is requesting approval to assign the Communications/Network Coordinator
classification title to an incumbent in the Police Department who is currently classified as a
Network Administrator, pay grade 22, FLSA status exempt. Our request for this title change is
based on the outcome of a job evaluation we conducted, from which we determined that the
incumbent’s primary essential functions differ from those performed by other Network
Administrator incumbents and do not meet the FLSA duties test for exemption.
Therefore, changing this incumbent’s title to Communications/Network Coordinator will
properly classify this incumbent as non-exempt in accordance with the Federal Fair Labor
Standards Act and will allow for a more accurate representation of the position’s essential
functions and minimum qualifications on the position’s classification specification.
H? No affect.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: A fiscal impact would only occur when the incumbent works over forty (40)
ISCAL MPACT
hours in a workweek, as this would require overtime pay.
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A: None. Not changing the classification title would result in the City being non-
LTERNATIVES
compliant with the Fair Labor Standards Act (FLSA).
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Class Code: 06050
Proposed Grade: 22
FLSA: N
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: COMMUNICATIONS/NETWORK COORDINATOR
PURPOSE OF CLASSIFICATION
The purpose of this classification is to perform advanced technical work in maintaining phone, radio and
electronic communication systems, local and wide area networks, and to provide user support on hardware
and software applications.
ESSENTIAL FUNCTIONS
The following duties and functions, as outlined herein, is intended to be representative of the type of
tasks performed within this classification. They are not listed in any order of importance. The
omission of specific statements of the duties or functions does not exclude them from the
classification if the work is similar, related, or a logical assignment for this classification. Other
duties may be required and assigned.
Responsible for the overall operation and performance of the City-wide radio system. Monitors,
configures, troubleshoots, and repairs problems on radio system. Creates radio templates, code plugs, and
configures the programs for hand held and console radio components. Performs system tests on a periodic
basis; makes system modifications as needed; returns defective computer equipment to manufacturer for
repair or replacement. Runs regular reports to monitor system capacity; serves as technical liaison to
vendors and other local, county and state agencies on all radio issues.
Provides operational troubleshooting and repair of the City’s internal phone system and data network.
Moves, adds and/or changes individual extensions; relocates cable connections due to changes in office
space configuration; serves as technical point of contact to vendors; and opens service tickets for repair or
replacement of phone equipment.
Monitors, configures, and troubleshoots data communication lines, including T1 and Metro Ethernet.
Serves as technical point of contact to vendors for new service or changes to existing service; maintains
database of circuit identifications and contact numbers for repairs or replacement of equipment.
Maintains In-Car Video Cameras and CCTV surveillance systems. Monitors and configures systems as
needed; schedules installations and performs software updates as required; and provides training and
technical support to users for retrieving and copying video for outside agencies.
Administers various computer network operating systems; monitors performance and capacity of systems
for excessive loading problems, disk space utilization, and other operating problems; controls network
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operations by establishing user accounts, security levels and access rights; and sets up users for remote
access to internal network systems.
Adds, removes, and replaces hardware system components on network servers to increase capacity and
efficiency; modifies software applications or network operating systems to remedy problems, add features
or increase performance.
Provides advanced technical expertise to department and city employees in the proper use of computer,
radio, and phone systems.
Provides cross-training and lead assistance to staff members within the assigned department on radio,
phone, and network communication functions.
Receives and unpacks new computer, radio, and communications shipments and checks components
against purchase orders; configures, delivers, and installs communications hardware systems and
peripherals.
Researches, evaluates, and recommends purchasing options and vendors for upgrading and replacing
computer system components; compiles price quotations and supporting documents.
Monitors and verifies accuracy of automated backup systems on computers; performs system user file
restorations as needed. Schedules archiving of system data; transfers records to permanent storage.
Refers to on-line computer help, the Internet, computer manuals, technical documentation, blueprints,
schematics, professional journals, and others resources in performing assigned job duties.
Maintains a comprehensive, current knowledge and awareness of new procedures, trends and advances in
the profession; attends workshops, webinars and training sessions as appropriate.
ADDITIONAL FUNCTIONS
Performs other related duties as required.
MINIMUM QUALIFICATIONS
Associate’s degree with course work emphasis in computer science; three (3) years previous experience
and/or training that includes computer network administration and maintaining phone, radio and electronic
communication systems. Must possess and maintain a Class E Florida driver’s license. Possession of
FCIC/NCIC and MCSE certifications are preferred.
PERFORMANCE APTITUDES
Data Utilization
: Requires the ability to review, classify, categorize, prioritize, and/or analyze data.
Includes exercising discretion in determining data classification, and in referencing such analysis to
established standards for the purpose of recognizing actual or probable interactive effects and
relationships.
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Human Interaction
: Requires the ability to provide guidance, assistance, and/or interpretation to others
regarding the application of procedures and standards to specific situations.
Equipment, Machinery, Tools, and Materials Utilization
: Requires the ability to operate and control
the actions of equipment and machinery, requiring the monitoring, adjustment, regulation, and/or setting
of multiple conditions.
Verbal Aptitude
: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or
design data and information.
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Mathematical Aptitude
: Requires the ability to perform addition, subtraction, multiplication and
division; ability to calculate decimals and percentages; may include ability to perform mathematical
operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and
proportion; may include ability to calculate surface areas, volumes, weights, and measures.
Functional Reasoning
: Requires the ability to apply principles of logical or synthesis functions; to deal
with several concrete and abstract variables; and to analyze major problems that require complex planning
for interrelated activities that can span one or several work units.
Situational Reasoning
: Requires the ability to exercise judgment, decisiveness and creativity in
situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as
opposed to that which is clearly measurable or verifiable.
ADA COMPLIANCE
Physical Ability
: Tasks require the ability to exert very moderate physical effort in light work, typically
involving some combination of stooping, kneeling, crouching and crawling, and which may involve
some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (up to 20
pounds).
Sensory Requirements
: Some tasks require the ability to perceive and discriminate colors or shades of
colors, sounds, depth, and visual cues or signals. Some tasks require the ability to communicate orally.
Environmental Factors
: Essential functions are regularly performed without exposure to adverse
environmental conditions.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the
Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide
reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer. The physical demands
described are representative of those that must be met by an employee to successfully perform the essential
functions of this job.
A review of this position has excluded the marginal functions of the position that are incidental to the
performance of fundamental job duties. All duties and responsibilities are essential job functions and
requirements are subject to possible modifications to reasonably accommodate individuals with
disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to
perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of
significant risk to the health or safety of themselves or others. Requirements are representative of the
minimum level of knowledge, skills, and ability.
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6. E
CONSENT AGENDA
October 18, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: October 18, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the expenditure of $27,506.85 for the annual
EQUESTED CTION BY ITY OMMISSION
renewal of the Grants Network Master License and Service Agreement with eCivis.
ER: The City of Boynton Beach Grants Team has been successfully
XPLANATION OF EQUEST
using eCivis’ grant management products to research and track grant opportunities and
awards for the past ten years. In 2007, the City Commission approved entering into a
Grants
Master License and Service Agreement with eCivis, via Resolution No. R07-232. The
Network
Agreement is automatically renewed for successive one year terms unless either party
provides written notice to the other party prior to the end of the term indicating the party’s intent
to terminate this Agreement effective at the end of the current October 31, 2011 term.
H? Renewal of the Master
Grants Network
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
License and Service Agreement will enable the Grants Team members to continue to
efficiently seek grant opportunities and manage grant awards. : Tracking &
Grants Network
Reporting web-based system maximizes the coordination of, and visibility into, the grants
process, mitigates turnover issues, increases our win rate, and centralizes all files. The system
provides citywide use and oversight by the Grants Coordinator and the Finance Department.
Staff has compared this product to other grant management products on the market and by far
this surpasses the competition. (See attached comparison.) is designed
Grants Network
specifically for local governments and offers much more than basic grant management. There
is no other product that provides access to a centralized federal, state, local and foundation
grant database, grant management and reporting tools, a training component and
organizational wide oversight.
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The Master License and Service Agreement includes access to a database of local, state and
federal grant opportunities, on-line/on-demand training at no additional cost, news and
legislative updates on grant opportunities, and a project level document repository for our
annual single audit. This allows the auditor on-line access to all grant related documents. This
also enables the City to move towards a more paperless process. Our return on investment is
evident year after year as staff researches effectively manages millions of federal, state and
local grant dollars using eCivis .
Grants Network
FI: IN FY 2010, 27 grant awards totaling $11,466,715 were managed by
ISCAL MPACT
departments using eCivis’ . In addition to preparing grant applications, staff
Grants Network
closed out 12 federal, state and local grants worth $3,925,321 as projects were completed.
The City of Boynton Beach receives substantial discounts due to our long standing relationship
in testing grant research and management products with eCivis. The renewal rate has not
increased since FY 2008/09. The total cost for Research, Tracking & Reporting,
Grant Network
and KnowledgeBase service is $27,506.85. This expense is included in the adopted
FY2011/2012 General Fund budget and will be taken from the Grants Team account #001-
1210-512-64.14.
A: Not renew the License and Service Agreement and dramatically decrease our
LTERNATIVES
ability to efficiently and effectively seek and manage grants citywide.
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6. F
CONSENT AGENDA
October 18, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: October 18, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of September 2011.
ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
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. Below is a list of the
purchases for July 2011:
Purchase Order Vendor Amount
110933 Gator Court Construction $ 10,400.00
110952 Ranger Construction $ 16,800.00
H? Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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.
FI: This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
processes within the organization. This allows administration to maintain internal controls for
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these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
A: None
LTERNATIVES
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6. G
CONSENT AGENDA
October 18, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: October 18, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve an Audit Committee comprised of the Director of
EQUESTED CTION BY ITY OMMISSION
Financial Services, Deputy Director of Financial Services and Budget Manager for the purpose of
recommending a CPA Firm to conduct the annual audit of the City's financial statements.
ER: The City had a contract with Nowlen, Holt and Miner, P.A. to
XPLANATION OF EQUEST
perform the annual audit for the fiscal years ending September 30, 2006, 2007, 2008, 2009
and 2010. Therefore it is necessary to solicit proposals fro auditing services for the fiscal year
ending September 30, 2011 and beyond. The Florida Statutes, Title XIV, Chapter 218.391
requires municipalities to establish an audit committee for the primary purpose of assisting the
governing body in selecting an auditor to conduct the annual financial audit. Upon approval of
Audit Committee, the Finance Department will send out a formal Request for Proposal for a
“Five Year Contract for Financial Auditing Services” to cover the fiscal years ending September
30, 2011, 2012, 2013, 2014 and 2015. The Audit Committee will rank and recommend, in
order of preference, no fewer than three firms deemed to be the most highly qualified to
perform the required scope of services.
H? The commission had previously
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
established an Audit Committee on March 7, 2006 consisting of positions and individual staff
names. This committee would continue except for the inclusion of staff names. The staff that
comprised the Audit Committee as approved on March 7, 2006, no longer work for the City and
thus requires the Commission to establish a new Audit Committee. Staff is recommending that
the makeup of this committee be by position title only and not individual names.
FI: NONE
ISCAL MPACT
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A: Approve an Audit Committee comprised with different staff positions.
LTERNATIVES
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7. A
BIDS AND PURCHASES OVER $100,000
October 18, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: October 18, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:(1) Disposition of bid protest appeal (2) Reject the seven
EQUESTED CTION BY ITY OMMISSION
(7) highest bids the City received in response to the Invitation to Bidders
(3) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-11/TWH ”Regional
Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also
approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of
$893,200. - (TABLED 8/16/11 & 9/6/11 & 9/20/11 & 10/4/11)
ER: Ten (10) bids were received and opened by Procurement Services
XPLANATION OF EQUEST
on June 23, 2011 and copies of the bid proposals were submitted to the Utilities Department
and the City’s Design Professional for this project, the Wantman Group, Inc. (WGI) for review
and evaluation.
After having performed an initial administrative evaluation of the 10 bids received, the Utilities
Department is recommending, in accordance with the Instruction To Bidders, Section 25
RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject seven (7) of the bids
based on price. The seven (7) bids were received from the following bidders:
Bidders Bid Value
GlobeTec Construction, LLC $890,025.00
Centerline Utilities, Inc. $983,075.00
TLC Diversified, Inc. $1,073,925.00
Cardinal Contractors, Inc. $1,108,512.00
Murray Logan Construction $1,168,000.00
H. A. Contracting, Corp. $1,207,672.00
Lanzo Construction, Co. $1,212,825.00
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A documented Bid Evaluation – Due Diligence review, based on the Selection Criteria
identified in the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1
through 26.1.10 was initially performed by the Wantman Group, Inc. on the two (2) low bidders
as follows:
Bidders Bid Value
Hinterland Group, Inc. $784,738.00
Wharton-Smith, Inc. $812,000.00
Since the third low bidder’s price was $92,987.00 or 11.85% higher than the low bidder and
$65,725.00 or 8.09% higher than the second low bidder, WGI did not perform the detailed Bid
Evaluation – Due Diligence on the third low bidder. The third low bidder was Intercounty
Engineering, Inc. with a bid value of $877,725.00.
The Engineer’s Cost Opinion for this project is $965,914.69. The value of the bids received for
this project ranged from $784,738.00 to $1,212,825.00 and the average bid value is
$1,011,849.70. With a bid value of $812,000.00, the Wharton-Smith bid is $153,914.69 below
the Engineer’s Cost Opinion and $199,894.70 below the average bid value for this project.
In addition to having reviewed and evaluated the bid packages of the two (2) lowest bidders,
the City has received the Bid Evaluation – Due Diligence review documentation and
recommendation of award from the Wantman Group, Inc.
As a result of the detailed Bid Evaluation – Due Diligence performed by the Wantman Group
on the two (2) low bidders, it was determined that the lowest bidder Hinterland Group, Inc.
appears to be a “very good contractor”. However during the due diligence review of their
previous experience in performance of similar projects, the Wantman Group learned that the
bulk of Hinterland’s experience has been in the rehabilitation of existing lift stations and not the
full scope construction of a large, deep and technologically advanced regional or sub-master
lift station.
Therefore, after a review of the bid packages from the two (2) lowest bidders and an evaluation
of the Wantman Group, Inc. recommendation of award package, the Utilities Department
concurs with the Wantman Group’s recommendation to award this contract to Wharton-Smith,
Inc. as the lowest, most responsive, responsible bidder who meets all contract document
requirements and whose bid represents the most advantageous bid to the City, price and other
factors considered.
A bid protest appeal has been made and the City Commission must first consider and
act on the appeal.
H? The project’s scope consists of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
construction of a new regional sanitary lift station in Pence Park to intercept the existing sanitary
TH
sewer gravity line on SE 6 Avenue, to collect and to pump the wastewater to the South Central
Regional Wastewater Treatment Plant through the new 16” and 24” regional force main pipelines
constructed in 2010 and 2011.
FI: Funds are available as follows:
ISCAL MPACT
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Account Number Project Number Allocation
404-5000-590-96-03
SWR114 100%
A: None, the Regional Lift Station at Pence Park represents the third and final
LTERNATIVES
component of the Regional Force Main project.
The first component of this project was the Jack and Bore installations under I-95, Woolbright
Road and the FEC Railroad tracks. The Jack and Bore Regional Force Main project
component was completed in December 2010.
The second component of this project was the Open Cut installation of over 20,000 linear feet
of 24” force main and 3,500 linear feet of 16” force main forming the new Regional Force Main
pipeline system. This pipeline work stretched from the South Central Regional Wastewater
Treatment Plant in Delray Beach to East Ocean Avenue here in Boynton Beach. The Open Cut
Regional Force Main project pipeline component is nearing its Substantial Completion date of
August 9, 2011.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REJECTING
THE SEVEN HIGHEST BIDS AND THE LOWEST BID; APPROVING THE
AWARD AND EXECUTION BY THE INTERIM CITY MANAGER AND CITY
CLERK OF A CONTRACT TO WHARTON-SMITH, INC., FOR BID #059-2821-
11/TWH, FOR “REGIONAL LIFT STATION AT PENCE PARK”, IN THE
AMOUNT OF $812,000 WITH AN OWNER’S CONTINGENCY OF 10% IN THE
AMOUNT OF $81,200 FOR A TOTAL BUDGET APPROPRIATION OF $893,000;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
on June 23, 2011, Procurement Services received and opened ten (10) bid
proposals in response to #059-2821-11/TWH for “Regional Lift Station at Pence Park”; and
WHEREAS,
the City’s staff and the City’s Design Professional on this project, the Wantman
Group, reviewed and evaluated the bid proposals; and
WHEREAS,
after an initial administrative evaluation of the ten bids, the Utilities Department
has recommended that the City Commission reject the seven (7) highest bids ; and
WHEREAS,
as a result of the bid evaluation-due diligence performed by the Wantman Group,
staff is recommending the award of the contract to Wharton-Smith, Inc., of Sanford, Florida who was
the most responsive, responsible bidder who met all qualifications; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize
execution of a contract with Wharton-Smith, Inc., for Bid #059-2821-11/TWH “Regional Lift Station at
Pence Park”, in the amount of $812,000 with an owner’s contingency of 10% in the amount of $81,200
for a total budget appropriation of $893,200.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT
:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby award
and authorize execution by the Interim City Manager and City Clerk of a contract with Wharton-Smith,
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Inc., for Bid #059-2821-11/TWH “Regional Lift Station at Pence Park”, in the amount of $812,000 with
an owner’s contingency of 10% in the amount of $81,200 for a total budget appropriation of $893,200, a
copy of which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of August, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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REGIONAL LIFT STATION
BID TITLE: “
AT PENCE PARKPROJECT”
059-2821-11/TWH__________
BID NUMBER:
SWR114
PROJECT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT,
made and entered into this _______ day of ________________, 20___, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
Wharton-Smith, Inc. of Sanford, FL_
“CITY” or “OWNER” and ___,
a Florida Corporation (_X_) Check One
a Florida General Partnership (____)
a Florida Limited Partnership (____)
a Sole Proprietor (____)
hereinafter called “CONTRACTOR”.
WITNESSETH
WHEREAS,
The CITY has heretofore invited bids for a CITY construction project (“Project”)
identified by the bid title, bid number and project number listed above and commonly referred to as:
REGIONAL LIFT STATION AT PENCE PARK PROJECT
WHEREAS,
CONTRACTOR, in compliance with the bidding requirements announced by the
City, submitted a bid on the _23_ day of _June__, 2011_, for the total bid amount of
812,000.00
$_________________; and,
WHEREAS,
On the ___ day of _________, 2011_, the City Commission designated
CONTRACTOR as having submitted the bid that was most advantageous to the CITY and authorized the
execution of this Agreement; and,
WHEREAS,
the Parties agree that the Project is scheduled to achieve Substantial Completion
270
without interruption within calendar days as specified in the Notice to Proceed, subject to CITY
approved time extensions.
NOW, THEREFORE,
in consideration of these premises and the mutual conditions and covenants
contained herein, the parties agree as follows:
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1.AGREEMENT
1.1.The Parties agree that:
1.1.1.The foregoing "Whereas" clauses are true and correct and incorporated herein by
this reference.
1.1.2.The CITY hereby hires the CONTRACTOR to provide construction services for
completion of the Project.
1.1.3.The CONTRACTOR hereby accepts this Contract and agrees to furnish the
necessary labor, tools, equipment, materials and supplies, etc., and to complete
the Project by performing all the work as set forth in this Contract and the
Contract Documents for the price and amounts set forth in CONTRACTOR’S bid.
1.1.4. CONTRACTOR is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR.
1.1.5.Unless otherwise provided, all time frames referenced in all Contract Documents
shall be calendar days.
2. SCOPE OF SERVICES
2.1.The Project consists of those improvements described and set forth in the Contract
Documents.
2.2.The “Contract Documents” are the compilation of the following individual documents
which are hereby not listed in any order of precedence.
2.2.1.Advertisement for Bids
2.2.2.Instructions for Bidders
2.2.3.Bid Proposal
2.2.4.Bid Bond
2.2.5.General Conditions for Construction (GC) – all references to “GC” shall
be to section numbers
2.2.6Special Conditions for City Furnished Materials
2.2.7Terms and Conditions for City Furnished Materials
2.2.8Construction Contract
2.2.9Certificate of Insurance
2.2.10Public Construction Bond
2.2.11Technical Specifications
2.2.12Contract Drawings and Plans
2.2.13Addenda
2.2.14Written directives or interpretations
2.2.15Manufacturers warranties
3. OBLIGATIONS OF CONTRACTOR
3.1.CONTRACTOR shall:
3.1.1.Furnish all materials, supplies, machines, equipment, tools, superintendents, labor,
insurance, and other accessories and services necessary to complete said project in
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accordance with the conditions and prices as stated in the Contract Documents.
3.1.2.Perform all the work and labor pursuant to this contract. All of the materials
furnished shall be in strict conformity with the Contract Documents.
CONTRACTOR further accepts and consents to the conditions contained in said
Contract Documents and expressly agrees to comply with every requirement and
stipulation therein contained.
3.1.2.1.Comply with provisions in Special Conditions and Terms and
Conditions for City Furnished Materials.
3.1.3.Furnish all tools, equipment, materials and supplies and to do all the work above
mentioned in a first-class, substantial and workmanlike manner and in conformity
with the detail for said work on file in the office of the Project Manager and
strictly in accordance with the Contract Documents.
3.1.4.CONTRACTOR shall furnish each subcontractor or material supplier with a copy
of his Public Construction Bond within five (5) days of subcontractors’ work or
subcontractor’s supplying of material to CONTRACTOR and shall maintain
records to establish such notice. A copy of said notice shall be provided to the
City’s Project Manager at time of issuance.
3.1.5.Guarantee all work and materials for a period of one (1) year, as set forth in the
General Conditions for Construction GC-24, WARRANTY. Warranty period shall
commence with date of final acceptance as set forth in the Technical Specifications
for Construction 01700, EXECUTION REQUIREMENTS.
3.1.6.Comply with the provisions of Section 255.05, Florida Statutes, if applicable.
3.1.7.Pay promptly, before final settlement, any and all claims or liens by subcontractors
or material suppliers, incurred in and about this work.
3.1.8.Remove and clean up all rubbish, debris, excess material, temporary structures,
tools and equipment that may have been used or worked on by the
CONTRACTOR in connection with the project promptly from streets,
alleys, parkways and adjacent property as such section or portion is completed
and ready for use, leaving the same in a neat and presentable condition.
3.1.9.Observe and comply with the provisions of the charter, ordinances, codes and
regulations of the City of Boynton Beach, Florida.
3.1.10.Obtain written approval from the CITY of all subcontractors not disclosed in the
CONTRACTOR’S bid document.
3.1.11.Perform such other tasks as set forth in the Contract Documents.
3.1.12.Provide all required bonds, insurance certificates and any other required security
for performance of the Project within ten (10) days of the Award of the Project.
3.2.The CONTRACTOR will be held responsible for the care, protection and condition of all
work until final completion and acceptance thereof, and will be required to make good at
CONTRACTOR’S own cost any damage or injury occurring from any cause resulting
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from their acts or omissions, or the acts or omissions of their subcontractors or suppliers.
4. CITY’S OBLIGATIONS
4.1.The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2.The CITY shall make timely payments for the work in accordance with the procedures
and time frames set forth in the Contract Documents.
4.3.On satisfactory completion of the Project, the CITY shall provide a written final
acceptance and payment for the entire project.
5. COMMENCEMENT OF WORK
5.1.Prior to commencement of work, the City and Contractor shall negotiate and agree upon
Contractor’s per diem direct job site costs and home office overhead costs. The
negotiated amounts shall be used for purposes of determining the compensation to be
paid to Contractor for a suspension, field change directive, or any other instance wherein
GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not apply. In order
to facilitate an agreement as to amount, Contractor agrees to permit the City to audit
records which establish Contractor’s direct job site costs and home office overhead.
The City and Contractor shall attach an addendum to this Contract which sets forth the
negotiated amounts. If the parties are unable to reach an agreement for such costs within
60 days of the City selecting Contractor for the Project, the City shall be entitled to
discontinue all discussions with Contractor, select another contractor, or cancel the bid
entirely. In such an instance, the awarded Contractor shall not be entitled to receive any
funds from City for costs incurred from the time of its bid to the time of the City’s
decision not to utilize Contractor’s services. Contractor shall not be entitled to any
damages or compensation as a result of Bidder’s reliance on its award of the bid.
5.2.CONTRACTOR hereby agrees to commence work under this contract within ten (10)
calendar days of the Commencement Date specified in the written “Notice to Proceed,”
270
and to achieve Substantial Completion without interruption within calendar days
thereafter.
5.3.With respect to this Contract, time is of the essence. . In the event the CONTRACTOR
shall fail to (1) timely commence the work following Notice to Proceed or (2)fail in the
performance of the work specified and required to be performed within the time limit set
forth in the contract, after due allowance for any extension or extensions of time made in
accordance with the Contract Documents, the CONTRACTOR shall be liable to the
CITY for liquidated damages the amount stipulated in Section 6.0 hereinbelow for each
and every calendar day that the CONTRACTOR shall be in default of achieving of
Substantial Completion.
5.4.CONTRACTOR shall notify the Project Engineer in writing of any change in the names
and addresses of each subcontractor proposed for principal parts of work, and any
changes in subcontractors from those proposed in CONTRACTOR’S bid proposal, and
for such others as the Project Engineer may direct, and shall not employ any
subcontractor that CITY may, within a reasonable time, object to as incompetent or as
unfit.
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6. LIQUIDATED DAMAGES
$2,000.00
6.1.The CONTRACTOR agrees to pay per day as liquidated damages, for failure
to begin within ten (10) days of CITY’S issuance of the “Notice to Proceed” or failure to
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achieve Substantial Completion within calendar days from the Commencement Date
as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct
such liquidated damages from any amount due, or that may become due the
CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his
Surety.
6.2.Punch list items recorded as a result of inspections for Substantial Completion are to be
corrected by the CONTRACTOR within thirty (30) calendar days and prior to any
request for Final Inspection, Testing and Acceptance as stated in the General Conditions
for Construction (GC-50). If the Substantial Completion punch list items have not been
corrected by the CONTRACTOR within the thirty (30) calendar day period, at the
discretion of the Project Manager, Liquidated Damages may be applied as described in
Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1.The CONTRACTOR warrants that quoted prices include the protection and continuous
use of all existing work in process, property or operations of the CITY as more
particularly set forth in the Technical Specifications for Construction, 01540, SECURITY
AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541
SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT
PROJECTS.
8. INDEMNIFICATION
8.1.The CONTRACTOR shall indemnify and save harmless and defend the CITY pursuant
to the provisions set forth in General Conditions for Construction, GC-26 -
INDEMNITY.
9. PAYMENT BY CITY
9.1.The CITY agrees to pay the CONTRACTOR in current funds for the performance of the
contract, subject to additions and deductions as provided in the Contract Documents.
9.2.The City reserves the right to negotiate any and all amounts contained in the bidding and
contract documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make changes by
At the City’s discretion, the City may
altering, adding to or deducting from the work.
make direct purchases of any materials and equipment purchased for, or to be
incorporated into the Project, as determined by the City.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
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All such work shall be executed under the conditions of the original Contract. Any claim
for extension of time caused thereby shall be made in writing at the time such change is
ordered. Changes in the work must be processed as set forth in the General Conditions
for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No
Field Change Directive or Change Order shall be authorized by the Project Manager if
the Contractor has added language to the Field Change Directive or Change Order or to
any cover letter, e-mail, facsimile, or other written document which accompanies the
Field Change Directive or Change Order in which the contractor attempts to reserve any
future right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the Project Manager
shall secure specific written authorization from the City Manager’s office before
executing the Field Change Directive or Change Order.
10.2hange orders and adjustments shall be in writing and approved by the Project Manager,
C
otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be submitted for
the current contract payment for the month in which the work was done. No claim for
extra work shall be allowed unless same was ordered, in writing, as aforesaid and the
claim presented at the time of the first estimate after the work is completed.
11. PROJECT ENGINEER
David Brobst, P.E., Wantman Group, Inc.
11.1.The Project Engineer (“Engineer”) is
11.2.The Project Engineer shall have general supervision and direction of the work. The
Project Engineer is the agent of the CITY only to the extent provided in the Contract
Documents and when in special instances he has the authority by CITY to act, and in
such instances he shall, upon request, show CONTRACTOR such authority in writing.
He has authority to stop the work whenever such stoppage may be necessary to insure the
proper execution of the Contract.
11.3.As the Project Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with CITY nor with
CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its
faithful performance by both parties.
11.4.In the event of a dispute, the role of the Project Engineer is to make recommendations to
the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions
for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1.This Contract must be construed with all other Contract Documents, a master set of
which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only
the master set of documents, or copies thereof certified by the City Clerk, shall be used as
evidence.
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13.2.In the event of a conflict between the requirements or specifications set forth in the
Contract Documents, the conflict shall be resolved by written interpretation by the
Project Manager. In reconciling conflicting provisions of the Contract Documents, the
Contract shall have the greatest weight, followed by the General Conditions for
Construction, technical specifications, and finally by the balance of the Contract
Document.
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY to
complete the construction of a public improvement in accordance with a predetermined
program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1.In the event of any delay in the project caused by any act or omission of the CITY, its
agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather
conditions or unavailability of materials, the sole remedy available to CONTRACTOR
shall be by extension of the time allocated to complete the project.
15.2.NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS
LIMITATION.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
15.3.Failure on the part of CONTRACTOR to timely process a request for an extension of
time to complete the work shall constitute a waiver by CONTRACTOR and
CONTRACTOR shall be held responsible for completing the work within the time
allocated by this contract.
15.4.All requests for extension of time to complete the work shall be made in accordance with
the General Conditions for Construction GC-23, EXTENSION OF TIME/NO
DAMAGES FOR DELAY.
15.5.For the purpose of this section, the phrase “the CITY, its agents and employees” shall
include but shall not be limited to the Project Engineer and Project Manager.
16. SUSPENSION
16.1. In accordance with the General Conditions for Construction GC-19, SUSPENSION, in
the event of a suspension, CONTRACTOR agrees that its sole compensation shall be the
per diem direct job site overhead as set forth in the Schedule of Bid Items.
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CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
17. DISPUTES
17.1.Disputes shall be resolved as set forth in the General Conditions for Construction GC-18,
DISPUTES.
17.2.Upon resolution of a dispute by the Owner, either party may request the appointment of a
mediator.
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IN WITNESS WHEREOF,
the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
CITY OF BOYNTON BEACH, FLORIDA
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
City Manager
Attest: Approved as to Form:
_____________________________ ______________________________________
City Clerk City Attorney
CONTRACTOR
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
President or Vice President
_____________________________ ______________________________________
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
On this ______ day of _______________, 20___, personally appeared before me, duly authorized to
administer oaths, ______________________________________________ known to be the persons
described herein or who has produced ______________________________ as identification and who
executed the foregoing instrument and has acknowledged before me that they have executed same.
_________________________________
Notary Public
My Commission Expires:
BY THIS BOND, We ___________________________________________, as Principal and
________________________________________________, a corporation, as Surety, are bound to City
of Boynton Beach, herein called Owner, in the sum of $_____________________________, for
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payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
1.Performs the contract dated ___________________________, between Principal and Owner for
construction of _________________________________________, the contract being made a part of
this bond by reference, at the times and in the manner prescribed in the contract; and
2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for the contract; and
3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4.Performs the guarantee of all work and materials furnished under the contract for the time specified
in the contract, then this bond is void; otherwise it remains in full force.
5.Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety’s obligation under this
bond.
6.This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation
provisions in Section 255.05(2), Florida Statutes.
DATED ON __________________________________
__________________________________
(Name of Principal)
BY: __________________________________
__________________________________
(Name of Surety)
STATE OF FLORIDA
COUNTY OF__________________________________, being first duly sworn, deposes and says as
follows:
He is ____________________ of _____________________________________________,
(Title) (Name of Corporation or Firm)
a Florida Corporation (______) Check One
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a Florida General Partnership (______)
a Florida Limited Partnership (______)
a Sole Proprietor (______)
which is named in Construction Contract dated the _______ day of _______________________, 20____,
between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER,
for the construction of _________________________________________________ and Affiant is
authorized to make this Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Final Application for Payment
dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and
all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or
materials upon said Contract work covered by the aforesaid Final Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
____________________________________
Affiant
Sworn to and subscribed before me this
________ day of _____________________, 20___
________________________________________
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
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7. B
BIDS AND PURCHASES OVER $100,000
October 18, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: October 18, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve changes to the Annual Bid for Landscape
EQUESTED CTION BY ITY OMMISSION
Maintenance, original Bid #054-2730-08/JA, to redistribute maintenance locations and tasks to second
lowest bidders, due to the closing of one of the awarded vendors - TABLED ON 10/4/11
ER: On September 18th, 2008, the City Commission awarded the
XPLANATION OF EQUEST
Annual Bid for Landscape Maintenance, Bid #054-2730-08/JA for the purpose of providing
landscape maintenance to various City and Park locations. The vendors awarded were First
Genesis Lawn Services, Latona View Lawn, Novo Arbor, Superior Landscaping and Vila & Son
Landscaping. The Bid was awarded for a one (1) year period (October 1, 2008 – September
30, 2009) with the option for three (3) annual renewals. The current renewal period expires on
September 30, 2012. This contract will be advertised for bid in the summer of 2012.
The major maintenance locations and tasks were assigned to Vila & Son Landscaping
Corporation in the amount of $111,537 for FY2011/12 (see attached break down of service
areas and costs). On August 5, 2011, Vila & Son Landscaping Corporation notified the City
(see attached letter) that they had stopped operating as a business.
Staff contacted the second lowest bidder(s) for the locations that were serviced by Vila & Son
Landscaping to determine if they would honor their original pricing. All vendors agreed to honor
their pricing from their bid.
As a result, the maintenance locations need to be redistributed to the second lowest bidder(s)
for the 2011/12 fiscal year. The distribution of services and costs are as follows:
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Superior Landscaping $ 329,473
First Genesis Lawn Service Inc. 70,548
Latona View Lawn Care Inc 11,246
Novo Arbor 24,390
TOTAL $ 435,657
The projected FY2011/12 budget for landscape maintenance is $498,526. Redistributing the
service along with maintenance reductions that were planned will still allow the Forestry &
Grounds Division to meet the projected budget. Maintenance reductions include cutting
service frequencies (from 44 mowings per year to 37), elimination of pesticide to general
areas, elimination of annual mulching and elimination of palm pruning.
H? Only affect will be different vendors
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
providing service.
FI: Projected FY2011/12 budget for landscape maintenance is $498,526 in
ISCAL MPACT
account number 001-2730-572-46-98. No increase is needed as maintenance services were
eliminated as indicated above. Additional expenditures are budgeted in the same account for
the Quantum Maintenance Agreement pending Commission approval.
A: Continue with emergency services until new Bid can be awarded.
LTERNATIVES
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9. A
PUBLIC HEARING
October 18, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: OCTOBER 18, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-026 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and
Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant: Michael
Campbell
ER: This request applies to the currently undeveloped 1.02 acre parcel,
XPLANATION OF EQUEST
thst
located at SW 6 Avenue and SW 1 Street. Originally the eastern portion of the First
Presbyterian Church property, it was purchased by Habitat for Humanity of South Palm Beach
in 2010. Habitat will transfer the property to its Community Land Trust to establish a six-lot
single-family subdivision, with five lots to be platted for single-family homes and one
designated for green open space.
The proposed land use classification of Moderate Density Residential (MoDR) allows for
slightly higher maximum density (7.5 dwelling units per acre) than the maximum of 5 units
allowed in the Low Density Residential classification prevailing in the surrounding single-family
neighborhoods. However, the subject request is not motivated by Habitat’s need for a higher
density. Rather, the MoDR classification corresponds with the R-1 zoning designation, which
accommodates the targeted lot size the applicant requires for the proposed project. The
resulting overall density for the project would be only 4.9 units per acre. A request for rezoning
the property to R-1 is being processed concurrently.
Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on September 27, 2011 and forwards it with the recommendation of
approval.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI
ISCAL MPACT
Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated
$560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate
$4,144. Other annual revenues would include water, stormwater and sewer fees, at $691,
refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual
revenue of $5,091.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
A: Deny subject request, and maintain the land classified as PPGI.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY HABITAT FOR HUMANITY OF SOUTH PALM BEACH,
INC., AND LOCATED ON THE NORTHWEST CORNER OF SOUTHWEST
6TH AVENUE AND SOUTHWEST 1ST STREET; CHANGING THE LAND
USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/
INSTITUTIONAL (PPGI) TO MODERATE DENSITY RESIDENTIAL
(MoDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted a
Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant
to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning
Act; and
WHEREAS,
the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS,
after two (2) public hearings the City Commission acting in its dual capacity as
Local Planning Agency and City Commission finds that the amendment hereinafter set forth is
consistent with the City’s adopted Comprehensive Plan and deems it in the best interest of the
inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided.
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 incorporated herein
by this reference.
Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following:
That the Future Land Use of the following described land located on the Northwest corner of
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Southwest 6 Avenue and Southwest 1 Street; changing the land use designation from Public and
Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR):
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THAT PORTION OF LOT 4, SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF LOT 4, BEING 25 FEET FROM
THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N.1º08’32”W., ALONG THE
EAST LINE OF SAID LOT 4, A DISTANCE OF 300.75 FEET TO THE SOUTHEAST
CORNER OF MANGO HEIGHTS, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 30, PAGE 55, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE N.89º56’19”W., ALONG THE SOUTH LINE OF SAID
PLAT OF MANGO HEIGHTS, A DISTANCE OF 123.70 FEET; THENCE S.1º08’32”E.,
PARALLEL TO THE EAST LINE OF SAID LOT 4, A DISTANCE OF 60.04 FEET; THEN
N.89º56’19”W., A DISTANCE OF 18.19 FEET; THENCE S.1º08’32”E., A DISTANCE OF
60.01 FEET; THENCE N.89º56’19”W., A DISTANCE OF 19.53 FEET; THENCE
S.1º08’32”E., A DISTANCE OF 120.03 FEET; THENCE S.89º56’19”E., A DISTANCE OF
9.89 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.83 FEET TO A POINT ON A
LINE 25.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 4;
THENCE N.90º00’00”E., ALONG SAID PARALLEL LINE, A DISTANCE OF 151.54
FEET TO THE POINT OF BEGINNING.
CONTAINING APPROX. 44,514 SQUARE FEET / 1.02 ACRE, MORE OR LESS.
Section 3: That any maps adopted in accordance with the Future Land Use Element of the
Future Land Use Plan shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5: 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 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or
appeal provisions provided by the Florida Local Government Comprehensive Planning and Land
Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this
Ordinance until all statutory required review is complete and all legal challenges, including appeals, are
exhausted. In the event that the effective date is established by state law or special act, the provisions of
state act shall control.
FIRST READING this _____ day of _______________, 2011.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2011.
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CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 11- 037
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU:Michael Rumpf
Planning and Zoning Director
FROM:Hanna Matras
Senior Planner
DATE:September 14, 2011
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PROJECT NAME/NO: Habitat for Humanity at SW 6 Avenue and SW 1 Street
LUAR 11-001
REQUEST: Approve Habitat for Humanity (LUAR 11-001) reclassifying subject
property from PPGI (Public and Private Governmental /Institutional) to
MoDR (Moderate Density Residential). Applicant: Michael Campbell
REQUEST: Approve Habitat for Humanity (LUAR 11-001) rezoning subject property
from R-1-A (Single-family Residential District ) to R-1 (Single-family
Residential District). Applicant: Michael Campbell
PROJECT DESCRIPTION
Property Owner/Applicant: Habitat for Humanity of South Palm Beach
Agent: Michael Campbell
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Location: SW 6 Avenue and SW 1 Street (abutting First Presbyterian Church);
see Exhibit “A” – Location Map
Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/R-1-A Single-family
Residential District
Proposed Land Use/Zoning: Moderate Density Residential (MoDR)/R-1 Single-family Residential
District
Proposed Use: Single-family residential
Acreage: 1.02 acres
Adjacent Uses:
North: Developed single-family homes of the Mango Heights subdivision,
classified Public and Private Governmental/Institutional (PPGI) and zoned
R-1-A, Single-family Residential District;
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South: Right-of-way of SW 6 Avenue, and farther south, developed single-
family homes of the Mc Donald Park subdivision, classified Low Density
Residential (LDR) and zoned R-1-A, Single-family Residential District;
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East: Right-of-way of SW 1 Street, and farther east, a multi-family
development Pelican Point at Boynton Beach, classified High Density
Residential (HDR) and zoned R-3, Multi-family Residential District; and
West: Developed property of First Presbyterian Church, classified Public and
Private Governmental/Institutional (PPGI), and zoned Local Retail
Commercial (LRC) and zoned R-1-A, Single-family Residential District.
PROJECT OVERVIEW
The parcel which is the subject of this request for land use amendment and rezoning totals
approximately 44,514 square feet or 1.02 acre. Because of the size of the property under consideration,
the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale”
amendment. Pursuant to the Community Planning Act of July 2, 2011, small scale amendments no
longer have to be forwarded to the DCA following their adoption by a local government.
The parcel, originally an eastern portion of the 4.57 acre property of the First Presbyterian Church, was
sold to Habitat for Humanity of South Palm Beach County in July of 2010. The site is currently
undeveloped.
Habitat will transfer the property to its Community Land Trust (CLT) to establish a six-lot single-family
subdivision, with five lots to be platted for single-family homes and one designated as a green open
space. Each of the five single-family lots will become an independent land trust entity, with a 99 year
land lease. The lease agreement will include all common area maintenance fees and fees dedicated to
replacing specific capital systems, such as roofs. Habitat will contract with a property management
company to maintain each of the five parcels as well as the green space.
The property will be deed-restricted, limiting the resale price of the homes to keep them affordable. The
Habitat income eligibility requirements include both a maximum and a minimum income, depending on
the household size. For a household of four, the numbers are $44,040 and $24,000, respectively. As
per the HUD-provided Palm Beach County 2011 Income Guidelines, a four-person household with the
income of $44,040 would fall slightly above the very low income category (with an income of $38,050).
The lot abutting the church property will continue to be maintained as a green open space in
perpetuity.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land
Development Regulations, Chapter 2, Article II, Section 2, Standard Applications, Item B.
Comprehensive Plan Amendments. These criteria are required to be part of a staff analysis when the
proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or
a rezoning.
1.
A demonstration of need may be based upon changing conditions that
Demonstration of Need.
represent a demand for the proposed land use classification and zoning district. Appropriate data
and analysis that adequately substantiates the need for the proposed land use amendment and
rezoning must be provided within the application
.
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The subject parcel’s existing land use classification of Public and Private Governmental/Institutional
(PPGI) does not allow residential uses. The proposed classification of Moderate Density Residential
(MoDR) land use allows for slightly higher maximum density (7.5 dwelling units per acre) than the
Low Density Residential (LDR) classification of single-family neighborhoods in the areas north,
west and south of the subject property, which allows a maximum of 5 units per acre. (An
inconsistency between a PPGI land use classification and a R-1-A zoning designation of the ten
single-family homes abutting the church and the subject property on the north side will be
addressed by the City in the future as part of other “house-cleaning” amendments).
Please note that the overall density for the entire property would be 4.9 units per acre, lower than
the maximum density allowed in LDR classification. The reason behind the request for MoDR
classification is not a desire for higher density; rather, the proposed classification is consistent with
the R-1 zoning that the applicant needs for the proposed project. Habitat is requesting the R-1
zoning designation to replace the existing designation of R-1-A in order to build five single-family
homes on lots ranging in size from 6,002 to 7,426 square feet. The minimum lot area for the R-1-A
District, a prevailing zoning designation of the surrounding single-family neighborhoods, is 7,500
square feet. The proposed rezoning would allow one additional home on the subject property. See
Criterion # 3 for further discussion.
A sharp decline of home prices in the City combined with very low mortgage rates dramatically
improved affordability for home buyers. However, rigid underwriting standards currently embraced
by the banking industry, including high downpayments and near-perfect credit scores (in addition to
appraisal-related issues) make it very difficult for most households to qualify for a loan. Low-and
very low income households, particularly hard hit by the recession, are unlikely beneficiaries of the
improved affordability. Since Habitat holds a mortgage, its model of homeownership effectively
addresses all these issues and assures long-term affordability of the units.
Whether the proposedFuture Land Use Map amendment (FLUM) and rezoning
2. Consistency.
would be consistent with the purpose and intent of, and promote, the applicable Comprehensive
Plan policies, Redevelopment Plans, and Land Development Regulations.
The proposed land use amendment and rezoning is consistent with Objective 6.3 and related
policies of the Housing Element of the Comprehensive Plan:
Objective 6.3 Through the year 2013, the City shall continue to implement a series of
housing programs aimed at providing adequate housing and housing sites
for very low-, low- and moderate- income persons to meet their housing
needs.
The provision of housing to the low-, and especially very low income households has been a
challenge for the City. Households in these income ranges have always faced significant barriers to
homeownership, and - as explained in p. (1) – their situation has not improved. Access to a Habitat-
financed unit is likely to be the best option for them, especially since state funding for home
ownership has suffered a major decline.
Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
3. Land Use Pattern.
would be contrary to the established land use pattern, or would create an isolated zoning district or
an isolated land use classification unrelated to adjacent and nearby classifications, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the community.
According to the classic planning theory, granting of this request may be considered a “spot zoning”
and would create an “isolated” land use classification and zoning district. A spot zoning is not
necessarily improper. A more relevant question is whether a proposed change, in addition to
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benefiting an individual owner, will serve a general welfare of the community. In this particular case,
a rezoning is in accordance with the Comprehensive Plan and serves a clearly identified public
purpose – provision of housing to low-and very low income households. Moreover:
The proposed land use amendment and rezoning is consistent with the established land use
pattern of the surrounding neighborhoods: the proposed use is single-family residential.
The reason behind the request for R-1 zoning is the inability of the applicant to meet the R-
1-A District’s requirement for minimum lot area of 7,500 square feet (see also Criterion # 1).
A random check of lot sizes in the surrounding neighborhoods determined that a large
percentage of the lots do not meet the 7,500 lot size requirement, and therefore are non-
conforming in the R-1-A district. The lot sizes of the proposed plat correspond with the
“established land use pattern”.
The overall density for the entire project would be 4.9 units per acre, well below the
maximum of 7.5 units per acre for the R-1 District and below the 6 units per acre for the R-1-
A District.
Finally, the Pelican Point condominium property located to the east of the subject parcel is zoned R-
3, Multifamily Residential District and therefore the proposed MoDR land use classification and R-1
zoning may be considered an appropriate land use transition to a significantly higher density.
Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
4. Sustainability.
would support the integration of a mix of land uses consistent with the Smart Growth or
sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative
modes of transportation; and 3) interconnectivity within the project and between adjacent
properties.
The term “sustainable” in its most comprehensive meaning encompasses all aspects of community
life. Promoting economic and social sustainability includes actions that support diverse economic
base, entrepreneurship, flexible education system responsive to market needs, and, importantly,
availability of housing of all types and price levels. Habitat’s housing model does promote
sustainable community, specifically since it assures long-term affordability.
In addition, the proposed request conforms to the criterion’s emphasis on access to “alternative
modes of transportation” and connectivity. The Palm Tran bus stop is located within approximately
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900 feet of the Habitat property, at the corner of Seacrest Boulevard and SW 7 Avenue.
Connectivity criterion would also be met: an agreement between the First Presbyterian Church and
the Habitat (included in the Community Land Trust), will ensure the public access to the green open
space.
All requests for Future Land Use Map
5. Availability of Public Services / Infrastructure.
amendments shall be reviewed for long-term capacity availability at the maximum intensity
permitted under the requested land use classification.
The proposed land use amendment and rezoning is compatible with the existing and planned
capacity of utility systems, roadways, and other public facilities. Specifically:
Potable Water and Sewer
The City’s water, sewer and wastewater treatment capacity is available to serve the project.
Prior to issuance of the Certificate of Occupancy, the applicant will be required to provide an
extension of the City’s gravity sewer system to make sanitary service available to the proposed
homes.
Traffic
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The letter from the Palm Beach County Traffic Division, received by staff on August 29, 2011,
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confirms that the proposed project is located within the designated Coastal Residential
Exception area of Palm Beach County, and therefore conforms to the Traffic Performance
Standards Ordinance.
As part of the plat approval, the applicant will be required to show a 6 foot sidewalk easement along
the south property line adjacent to the SW 6th Avenue right of way.
All five proposed units will have access from SW 1st Street. Since the SW 1st Street segment
that abuts the subject property is a private road owned by Pelican Point, an access agreement
between Habitat and Pelican Point must be reached prior to the plat approval.
Solid waste
On January, 2011, the Palm Beach County Solid Waste Authority notified the City that the sufficient
disposal capacity will be available at the existing landfill through approximately the year 2026.
Drainage
Drainage will be reviewed in detail as part of the platting, and must satisfy all requirements of the
city and local drainage permitting authorities.
The application shall consider the following factors to determine compatibility:
6. Compatibility.
(a) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby properties,
or would negatively affect the property values of adjacent and nearby properties; and
(b) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of
a scale which is reasonably related to the needs of the neighborhood and the City as a
whole.
As already discussed in Criterion #3, the proposed land use amendment and rezoning are
compatible with the current and future use of adjacent and nearby properties. They will not
negatively affect the property values of adjacent and nearby properties. Please also note that, as
mentioned in the “Project Overview” section, Habitat will contract with a property management
company to maintain the property, and the lease agreements will include all fees ensuring that both
the common grounds and the buidings remain in good condition. Importantly, a community land
trust prevents foreclosures for any housing located upon its land.
The proposed amendment and rezoning is of a scale which is reasonably related to the needs of
the neighborhood and the City as whole.
Whether there are adequate sites elsewhere in the City for the proposed use in
7. Alternative Sites.
zoning districts where such use is already allowed.
The City is almost built out. Vacant infill parcels with single-family zoning still exist, but development
of larger properties, allowing for construction of several units, result in a more effective and efficient
use of the Community Land Trust model.
RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it:
(1) consistent with the Comprehensive Plan objectives and policies promoting affordable housing; and
(2) consistent with the established land use patterns.
Therefore, staff recommends that the subject request be approved.
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S:\Planning\SHARED\WP\PROJECTS\ for \HABITAT LUAR 11-001\HFH Staff Report.doc
HabitatHumanity
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9. B
PUBLIC HEARING
October 18, 2011
COBB
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CMD: OCTOBER 18, 2011
OMMISSION EETING ATE
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ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-027 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-
family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell
ER: This is a rezoning request that accompanies the request for a land
XPLANATION OF EQUEST
use amendment by Habitat for Humanity of South Palm Beach for the currently undeveloped
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1.02 acre parcel, located at SW 6 Street and SW 1 Avenue. Originally an eastern portion of
the First Presbyterian Church property, it was purchased by Habitat in 2010. Habitat will
transfer the property to its Community Land Trust to establish a six-lot single-family
subdivision, with five lots to be platted for single-family homes and one designated for green
open space.
The request is to rezone the subject parcel to an R-1 zoning designation from its current
designation of R-1-A, as the district prevailing throughout the surrounding single-family
neighborhoods. The requested designation accommodates the targeted lot size the applicant
requires for the proposed project.
Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on September 27, 2011 and forwards it with the recommendation of
approval.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
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Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated
$560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate
$4,144. Other annual revenues would include water, stormwater and sewer fees, at $691,
refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual
revenue of $5,091.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
A: Deny subject request, and maintain existing R-1-A zoning on the property.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF HABITAT
FOR HUMANITY OF SOUTH PALM BEACH COUNTY,
AMENDING ORDINANCE 02-013 TO REZONE A PARCEL
OF LAND LOCATED ON THE NORTHWEST CORNER OF
SOUTHWEST 6TH AVENUE AND SOUTHWEST 1ST
STREET, AS MORE FULLY DESCRIBED HEREIN, FROM
SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1-A) TO
SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1);
PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
Michael Campbell on behalf of Habitat for Humanity of South Palm Beach has
filed a petition to rezone a parcel of land more particularly described hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing to
consider the rezoning and heard testimony and received evidence which the Commission finds supports a
rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the Land
Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said City to
amend the aforesaid Revised Zoning Map as hereinafter set forth.
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 incorporated herein by
this reference.
th
Section 2. The following described land located on the Northwest corner of Southwest 6
st
Avenue and Southwest 1 Street, as more fully described herein, is hereby rezoned from Single-family
Residential District (R-1-A) to Single-family Residential District (R-1):
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THAT PORTION OF LOT 4, SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF LOT 4, BEING 25 FEET FROM
THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N.1º08’32”W., ALONG THE
EAST LINE OF SAID LOT 4, A DISTANCE OF 300.75 FEET TO THE SOUTHEAST
CORNER OF MANGO HEIGHTS, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 30, PAGE 55, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE N.89º56’19”W., ALONG THE SOUTH LINE OF SAID
PLAT OF MANGO HEIGHTS, A DISTANCE OF 123.70 FEET; THENCE S.1º08’32”E.,
PARALLEL TO THE EAST LINE OF SAID LOT 4, A DISTANCE OF 60.04 FEET; THEN
N.89º56’19”W., A DISTANCE OF 18.19 FEET; THENCE S.1º08’32”E., A DISTANCE OF
60.01 FEET; THENCE N.89º56’19”W., A DISTANCE OF 19.53 FEET; THENCE
S.1º08’32”E., A DISTANCE OF 120.03 FEET; THENCE S.89º56’19”E., A DISTANCE OF
9.89 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.83 FEET TO A POINT ON A
LINE 25.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 4;
THENCE N.90º00’00”E., ALONG SAID PARALLEL LINE, A DISTANCE OF 151.54
FEET TO THE POINT OF BEGINNING.
CONTAINING APPROX. 44,514 SQUARE FEET / 1.02 ACRE, MORE OR LESS.
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. 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 6. This ordinance shall become effective immediately upon passage.
FIRST READING this _____ day of _______________, 2011.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
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Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
ATTEST: Commissioner – Marlene Ross
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 11- 037
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU:Michael Rumpf
Planning and Zoning Director
FROM:Hanna Matras
Senior Planner
DATE:September 14, 2011
thst
PROJECT NAME/NO: Habitat for Humanity at SW 6 Avenue and SW 1 Street
LUAR 11-001
REQUEST: Approve Habitat for Humanity (LUAR 11-001) reclassifying subject
property from PPGI (Public and Private Governmental /Institutional) to
MoDR (Moderate Density Residential). Applicant: Michael Campbell
REQUEST: Approve Habitat for Humanity (LUAR 11-001) rezoning subject property
from R-1-A (Single-family Residential District ) to R-1 (Single-family
Residential District). Applicant: Michael Campbell
PROJECT DESCRIPTION
Property Owner/Applicant: Habitat for Humanity of South Palm Beach
Agent: Michael Campbell
thst
Location: SW 6 Avenue and SW 1 Street (abutting First Presbyterian Church);
see Exhibit “A” – Location Map
Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/R-1-A Single-family
Residential District
Proposed Land Use/Zoning: Moderate Density Residential (MoDR)/R-1 Single-family Residential
District
Proposed Use: Single-family residential
Acreage: 1.02 acres
Adjacent Uses:
North: Developed single-family homes of the Mango Heights subdivision,
classified Public and Private Governmental/Institutional (PPGI) and zoned
R-1-A, Single-family Residential District;
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South: Right-of-way of SW 6 Avenue, and farther south, developed single-
family homes of the Mc Donald Park subdivision, classified Low Density
Residential (LDR) and zoned R-1-A, Single-family Residential District;
st
East: Right-of-way of SW 1 Street, and farther east, a multi-family
development Pelican Point at Boynton Beach, classified High Density
Residential (HDR) and zoned R-3, Multi-family Residential District; and
West: Developed property of First Presbyterian Church, classified Public and
Private Governmental/Institutional (PPGI), and zoned Local Retail
Commercial (LRC) and zoned R-1-A, Single-family Residential District.
PROJECT OVERVIEW
The parcel which is the subject of this request for land use amendment and rezoning totals
approximately 44,514 square feet or 1.02 acre. Because of the size of the property under consideration,
the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale”
amendment. Pursuant to the Community Planning Act of July 2, 2011, small scale amendments no
longer have to be forwarded to the DCA following their adoption by a local government.
The parcel, originally an eastern portion of the 4.57 acre property of the First Presbyterian Church, was
sold to Habitat for Humanity of South Palm Beach County in July of 2010. The site is currently
undeveloped.
Habitat will transfer the property to its Community Land Trust (CLT) to establish a six-lot single-family
subdivision, with five lots to be platted for single-family homes and one designated as a green open
space. Each of the five single-family lots will become an independent land trust entity, with a 99 year
land lease. The lease agreement will include all common area maintenance fees and fees dedicated to
replacing specific capital systems, such as roofs. Habitat will contract with a property management
company to maintain each of the five parcels as well as the green space.
The property will be deed-restricted, limiting the resale price of the homes to keep them affordable. The
Habitat income eligibility requirements include both a maximum and a minimum income, depending on
the household size. For a household of four, the numbers are $44,040 and $24,000, respectively. As
per the HUD-provided Palm Beach County 2011 Income Guidelines, a four-person household with the
income of $44,040 would fall slightly above the very low income category (with an income of $38,050).
The lot abutting the church property will continue to be maintained as a green open space in
perpetuity.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land
Development Regulations, Chapter 2, Article II, Section 2, Standard Applications, Item B.
Comprehensive Plan Amendments. These criteria are required to be part of a staff analysis when the
proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or
a rezoning.
8.
A demonstration of need may be based upon changing conditions that
Demonstration of Need.
represent a demand for the proposed land use classification and zoning district. Appropriate data
and analysis that adequately substantiates the need for the proposed land use amendment and
rezoning must be provided within the application
.
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The subject parcel’s existing land use classification of Public and Private Governmental/Institutional
(PPGI) does not allow residential uses. The proposed classification of Moderate Density Residential
(MoDR) land use allows for slightly higher maximum density (7.5 dwelling units per acre) than the
Low Density Residential (LDR) classification of single-family neighborhoods in the areas north,
west and south of the subject property, which allows a maximum of 5 units per acre. (An
inconsistency between a PPGI land use classification and a R-1-A zoning designation of the ten
single-family homes abutting the church and the subject property on the north side will be
addressed by the City in the future as part of other “house-cleaning” amendments).
Please note that the overall density for the entire property would be 4.9 units per acre, lower than
the maximum density allowed in LDR classification. The reason behind the request for MoDR
classification is not a desire for higher density; rather, the proposed classification is consistent with
the R-1 zoning that the applicant needs for the proposed project. Habitat is requesting the R-1
zoning designation to replace the existing designation of R-1-A in order to build five single-family
homes on lots ranging in size from 6,002 to 7,426 square feet. The minimum lot area for the R-1-A
District, a prevailing zoning designation of the surrounding single-family neighborhoods, is 7,500
square feet. The proposed rezoning would allow one additional home on the subject property. See
Criterion # 3 for further discussion.
A sharp decline of home prices in the City combined with very low mortgage rates dramatically
improved affordability for home buyers. However, rigid underwriting standards currently embraced
by the banking industry, including high downpayments and near-perfect credit scores (in addition to
appraisal-related issues) make it very difficult for most households to qualify for a loan. Low-and
very low income households, particularly hard hit by the recession, are unlikely beneficiaries of the
improved affordability. Since Habitat holds a mortgage, its model of homeownership effectively
addresses all these issues and assures long-term affordability of the units.
Whether the proposedFuture Land Use Map amendment (FLUM) and rezoning
9. Consistency.
would be consistent with the purpose and intent of, and promote, the applicable Comprehensive
Plan policies, Redevelopment Plans, and Land Development Regulations.
The proposed land use amendment and rezoning is consistent with Objective 6.3 and related
policies of the Housing Element of the Comprehensive Plan:
Objective 6.3 Through the year 2013, the City shall continue to implement a series of
housing programs aimed at providing adequate housing and housing sites
for very low-, low- and moderate- income persons to meet their housing
needs.
The provision of housing to the low-, and especially very low income households has been a
challenge for the City. Households in these income ranges have always faced significant barriers to
homeownership, and - as explained in p. (1) – their situation has not improved. Access to a Habitat-
financed unit is likely to be the best option for them, especially since state funding for home
ownership has suffered a major decline.
Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
10. Land Use Pattern.
would be contrary to the established land use pattern, or would create an isolated zoning district or
an isolated land use classification unrelated to adjacent and nearby classifications, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the community.
According to the classic planning theory, granting of this request may be considered a “spot zoning”
and would create an “isolated” land use classification and zoning district. A spot zoning is not
necessarily improper. A more relevant question is whether a proposed change, in addition to
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benefiting an individual owner, will serve a general welfare of the community. In this particular case,
a rezoning is in accordance with the Comprehensive Plan and serves a clearly identified public
purpose – provision of housing to low-and very low income households. Moreover:
The proposed land use amendment and rezoning is consistent with the established land use
pattern of the surrounding neighborhoods: the proposed use is single-family residential.
The reason behind the request for R-1 zoning is the inability of the applicant to meet the R-
1-A District’s requirement for minimum lot area of 7,500 square feet (see also Criterion # 1).
A random check of lot sizes in the surrounding neighborhoods determined that a large
percentage of the lots do not meet the 7,500 lot size requirement, and therefore are non-
conforming in the R-1-A district. The lot sizes of the proposed plat correspond with the
“established land use pattern”.
The overall density for the entire project would be 4.9 units per acre, well below the
maximum of 7.5 units per acre for the R-1 District and below the 6 units per acre for the R-1-
A District.
Finally, the Pelican Point condominium property located to the east of the subject parcel is zoned R-
3, Multifamily Residential District and therefore the proposed MoDR land use classification and R-1
zoning may be considered an appropriate land use transition to a significantly higher density.
Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
11. Sustainability.
would support the integration of a mix of land uses consistent with the Smart Growth or
sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative
modes of transportation; and 3) interconnectivity within the project and between adjacent
properties.
The term “sustainable” in its most comprehensive meaning encompasses all aspects of community
life. Promoting economic and social sustainability includes actions that support diverse economic
base, entrepreneurship, flexible education system responsive to market needs, and, importantly,
availability of housing of all types and price levels. Habitat’s housing model does promote
sustainable community, specifically since it assures long-term affordability.
In addition, the proposed request conforms to the criterion’s emphasis on access to “alternative
modes of transportation” and connectivity. The Palm Tran bus stop is located within approximately
th
900 feet of the Habitat property, at the corner of Seacrest Boulevard and SW 7 Avenue.
Connectivity criterion would also be met: an agreement between the First Presbyterian Church and
the Habitat (included in the Community Land Trust), will ensure the public access to the green open
space.
All requests for Future Land Use Map
12. Availability of Public Services / Infrastructure.
amendments shall be reviewed for long-term capacity availability at the maximum intensity
permitted under the requested land use classification.
The proposed land use amendment and rezoning is compatible with the existing and planned
capacity of utility systems, roadways, and other public facilities. Specifically:
Potable Water and Sewer
The City’s water, sewer and wastewater treatment capacity is available to serve the project.
Prior to issuance of the Certificate of Occupancy, the applicant will be required to provide an
extension of the City’s gravity sewer system to make sanitary service available to the proposed
homes.
Traffic
th
The letter from the Palm Beach County Traffic Division, received by staff on August 29, 2011,
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confirms that the proposed project is located within the designated Coastal Residential
Exception area of Palm Beach County, and therefore conforms to the Traffic Performance
Standards Ordinance.
As part of the plat approval, the applicant will be required to show a 6 foot sidewalk easement along
the south property line adjacent to the SW 6th Avenue right of way.
All five proposed units will have access from SW 1st Street. Since the SW 1st Street segment
that abuts the subject property is a private road owned by Pelican Point, an access agreement
between Habitat and Pelican Point must be reached prior to the plat approval.
Solid waste
On January, 2011, the Palm Beach County Solid Waste Authority notified the City that the sufficient
disposal capacity will be available at the existing landfill through approximately the year 2026.
Drainage
Drainage will be reviewed in detail as part of the platting, and must satisfy all requirements of the
city and local drainage permitting authorities.
The application shall consider the following factors to determine compatibility:
13. Compatibility.
(a) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby properties,
or would negatively affect the property values of adjacent and nearby properties; and
(b) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of
a scale which is reasonably related to the needs of the neighborhood and the City as a
whole.
As already discussed in Criterion #3, the proposed land use amendment and rezoning are
compatible with the current and future use of adjacent and nearby properties. They will not
negatively affect the property values of adjacent and nearby properties. Please also note that, as
mentioned in the “Project Overview” section, Habitat will contract with a property management
company to maintain the property, and the lease agreements will include all fees ensuring that both
the common grounds and the buidings remain in good condition. Importantly, a community land
trust prevents foreclosures for any housing located upon its land.
The proposed amendment and rezoning is of a scale which is reasonably related to the needs of
the neighborhood and the City as whole.
Whether there are adequate sites elsewhere in the City for the proposed use in
14. Alternative Sites.
zoning districts where such use is already allowed.
The City is almost built out. Vacant infill parcels with single-family zoning still exist, but development
of larger properties, allowing for construction of several units, result in a more effective and efficient
use of the Community Land Trust model.
RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it:
(1) consistent with the Comprehensive Plan objectives and policies promoting affordable housing; and
(2) consistent with the established land use patterns.
Therefore, staff recommends that the subject request be approved.
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S:\Planning\SHARED\WP\PROJECTS\ for \HABITAT LUAR 11-001\HFH Staff Report.doc
HabitatHumanity
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11. A
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RACC:Accept the Draft City of Boynton Beach Economic
EQUESTED CTION BY ITY OMMISSION
Development Program.
ER: Pursuant to a discussion at its meeting of June 7, 2011, the City
XPLANATION OF EQUEST
Commission requested that staff provide information to create a plan for economic growth in the city.
H? Adoption of the Draft Economic
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Development Program will set in motion a series of cumulative steps leading to the
identification of specific target industries for the City; the establishment of a marketing budget
to coincide with the Branding efforts; initiation of a staff Economic Development Team to begin
implementation; and the hiring of an Economic Development Professional to implement the
City’s Economic Development Program.
FI: The Draft Economic Development Program has a number of
ISCAL MPACT
recommendations that require funding and will be tailored to meet the Commission’s priorities
for expenditure of the $100,000 budget approved in September, 2011.
A: Do not accept the Draft Economic Development Program.
LTERNATIVES
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RACC:Discussion of the City's Branding Initiative and future
EQUESTED CTION BY ITY OMMISSION
development. Authorize the utilization of up to $10,000 of Economic Development Incentive funding for
professional marketing services to facilitate completion of the brand development process
ER: With city revenues declining, small businesses closing and
XPLANATION OF EQUEST
consumer spending waning, cities across the nation have begun to strategically reposition their
approach to economic development. Many cities are using Branding as a way to unite the
community around a new competitive identity and to communicate their fresh approach to the
outside world.
The Palm Beach County Convention & Visitors Bureau (PBC CVB) recently completed its own
Brand Assessment Process to establish a new Promise for the destination. This Promise is
now being used as the foundation of the organization’s ongoing and future marketing plans.
A brand is not something that can be purchased or even created from scratch; rather it is
crafted over time through a deliberate, strategic process and understanding of what the
community is where it came from and what it wants to be. It begins with the development of a
Brand which delivers an experience and guides an organization in everything it does.
Promise
The primary purpose of a Brand Promise is to clearly communicate what the brand stands for
to every stakeholder including residents, businesses, visitors and employees and becomes the
cornerstone for all strategic planning, actions and future decision making.
The Brand Promise should be based on the assets and strengths of the city, its history and
culture, the objectives of the broader economic development strategy and the collective vision
and goals of residents, businesses and other community stakeholders.
When a city is able to differentiate itself, build upon and showcase its local assets and present
a unified front, businesses and consumers are more likely to be attracted to and invest in the
community.
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At the October 5, 2010 City Commission meeting, the Arts Commission presented its Visioning
Plan which made reference to the need for development of the city’s brand. The Commission
then asked staff to evaluate the city’s image and tagline and bring back a recommendation.
A Branding Committee including city staff, and representatives from the Chamber of
Commerce and the CRA was formed to supervise a city-wide “re-branding” campaign. Its goal
is to:
Position the town as a desirable, year round destination.
Increase the number of visits to the area.
Positively impact Boynton Beach’s business partnerships, merchandizing,
organizations, events, culture, and education, all while generating a ‘buzz”.
The first step to creating a Brand Promise (according to BrandStrategy Inc. – the consultant
that put together the campaign for the PBC CVB) is the Brand Assessment. BrandStrategy,
Inc. has broken the branding process into :
four phases to success*
Brand Assessment
Brand Promise
Brand Blueprint
Brand Culturalization
The Branding Committee began the Assessment process with a review of our current brand,
logos and tagline and researched all collateral documents created through workshops and
vision planning in the City. These documents included:
Boynton Beach 20/20 Redevelopment Master Plan (Sept. 1998)
Heart of Boynton Community Redevelopment Plan (Nov. 2001)
Boynton Beach Assembly: Committing to Our Future (Oct. 2006)
City of Boynton Beach Downtown Vision & Master Plan (Jan. 2009)
City of Boynton Beach Climate Action Plan (July 2010)
Art in Public Places Visioning Plan Executive Summary (Aug. 2010)
Through the research of these existing documents, an Executive Summary was created
capturing key elements related to Boynton Beach’s identity. (Exhibit A)
Next, a branding survey based on an analysis of existing Best Practices was created and
published in February 2011 on the websites of the Palm Beach Post, CRA, City of Boynton
Beach, Boynton Beach Chamber of Commerce and Palm Beach County. Hard copies of the
survey were also made available at Boynton Beach City Hall and the Boynton Beach Library
(Exhibit B). From this survey the committee was able to identify both the tangible and
intangible attributes of the city. The current tagline “Gateway to the Gulf Stream” was also
evaluated in this process.
In order to solidify the conceptual nature of the city’s attributes, the committee solicited quotes
from several marketing/branding companies and chose Sack Lunch to assist with the creation
of visual representations of the City’s four key conceptual attributes (as identified by the staff
research and completed Surveys). The key attributes are now identified as the Marina District,
Green Living, Dining & Shopping and Arts & Culture (Exhibit C). Initially was
Arts & Culture
presented as but was changed by suggestion to better represent the diversity of
Arts & History
our Community.
From April 2011 through September 2011 members of the Branding Committee presented
these four key conceptual attributes to several stakeholders throughout the city including the
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Greater Boynton Beach Chamber of Commerce Board of Directors, as well as the Chamber
membership during the August 2011 Chamber luncheon. Presentations were also made to the
Greater Boynton Beach Foundation Board, the Arts Commission, the PBC Convention and
Visitors Bureau and the PBC Business Development Board for comments and feedback.
The “Gateway to the Gulfstream” tagline was well received. Boynton Beach is the closest
point in the United States to the Atlantic Gulf Stream which affords our community good
weather, marine and water related activities and provides a strong metaphor evoking images
of the tropics and a connection with the natural energy of the ocean environment. It also lends
itself to being the “Gateway” to our four key attributes. Anyone who Googles “Gateway to the
Gulfstream” will find the first five (5) pages referencing Boynton Beach, FL. The four key
attributes were also endorsed by the stakeholders as encompassing the best that Boynton
Beach has to offer.
Recently, the Palm Beach County CVB selected the City of Boynton Beach as their “Beta
Location” for its soon-to-be launched campaign. The national/internationally distributed
campaign, which focuses on the many unique municipalities within Palm Beach County, was
unveiled featuring the newly created “Breeze into Boynton” icon. Thanks to this community-
focused cooperative campaign, we are now better able to cost effectively increase the reach of
marketing initiatives.
The next step in the on-going process is to create a Brand Promise.
A Brand Promise is not the advertising message, vision or mission statement, but
rather the essence (heart, soul and spirit) of the benefits (functional and emotional) that
residents, businesses and guests receive when experiencing Boynton Beach. The
Promise is our community’s internal commitment for the kind of positive experiences
we want our visitors and stakeholders to enjoy, thereby creating enormous competitive
advantages.
The City’s Brand Promise development begins with the establishment of the Boynton Beach
Brand Promise Committee. This committee will be comprised of those who can “…make
decisions on behalf of their constituencies and working together as a unit for the benefit of the
community.”*
We thank the initial Branding Committee for successfully bringing the brand process to this
point…they conducted the research and initial assessment. Now it is time for the City staff to
pass the baton to the Boynton Beach Brand Promise Committee (BBBPC) and let these
community leaders, using the tools developed by the initial Branding Committee, develop our
community’s Brand Promise.
The BBBPC will consist of members of the organizations that represent our Community,
including the Heart of Boynton, COWBRA, the Realtors Association, PB County Business
Development Board, Bethesda, Boynton Mall, Chamber of Commerce, the CRA, the Marine
Industries in the Boynton Area, PBC Commissioner Shelly Vanna’s office, and a member of
the City Commission as well as several Boynton Advisory Boards. It is our recommendation
that the committee would work with the assistance of a third party facilitator and a staff liaison,
as was the case with the PBC CVB and our Boynton Beach Climate Action Plan.
Once the new Brand Promise has been approved by the City Commission, the Brand Blueprint
(a written action plan) will be created for the brand communication. This includes “developing
the brand’s name, graphic representation, byline, tag line, brand story and messages. It will
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ensure that all brand messages are consistent with what the brand stands for and the desired
perceptions.”*
And finally, Brand Culturalization takes place, “integrating the Promise doctrine into every
aspect of the community and encouraging businesses and organizations in Boynton Beach to
utilize the Brand for a cohesive image of our Community’s promise of experience.”*
H? A distinctive, compelling brand will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
capitalize on our uniqueness, diversity and showcase the city’s eclectic energy. Partnering
with the PBC CVB, the BDB and other stakeholders, we can cost-effectively create a cohesive,
attractive image for the City that will enhance economic development and build Boynton
Beach’s awareness in key local, national and international markets. Our Community’s
businesses, residents and other interested parties will also be invited to incorporate elements
of the Promise into their existing promotional plans and collateral. This collective image and its
integration will help to influence the decision of businesses and individuals to live, invest or
visit in Boynton Beach.
FI: To date, the city has spent $2,300 to Sack Lunch Marketing to create visual
ISCAL MPACT
representations of Boynton Beach’s four key attributes, helping stakeholders to conceptualize
how the attributes can be represented and tied into a brand image. Going forward, staff is
requesting the City Commission to authorize the utilization of up to $10,000 of Economic
Development Incentive funding for professional marketing services to facilitate completion of the brand
development process successfully completed by the CVB. Artwork for the brand graphic
representation would need to be contracted separately.
A:
LTERNATIVES
1. Not to go forward with the proposed branding process as an integral piece of the
Economic Development Plan and direct staff to create an alternative branding process.
2. Discontinue the branding process.
Attachments:
Exhibit A: Executive Summary regarding Boynton Beach’s identity
Exhibit B: Initial Branding Survey
Exhibit C: Four Key Conceptual Attributes
* Note: Information borrowed from Destination BrandScience, by BrandStrategy, Inc.
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RACC:Review the Florida Atlantic University (FAU) Consultant
EQUESTED CTION BY ITY OMMISSION
Report on redistricting alternatives for City Commission Districts within the City of Boynton Beach,
Florida and direct staff to prepare a redistricting ordinance from one of the alternative district
configurations for the November 1, 2011 City Commission meeting.
ER: This report from Florida Atlantic University’s Department of
XPLANATION OF EQUEST
Geosciences (attached) transmits several alternative considerations for revised Commission
Districts for the City of Boynton Beach, Florida. All of the alternative district configurations
presented for consideration meet required criteria as stipulated in the City Charter: “The
election districts shall be of equal population, compact, proportional and logically related to the
natural internal boundaries of the neighborhoods within the city. The principal of non-
discrimination and one man/one vote shall be adhered to strictly”.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: None
ISCAL MPACT
A: Reject report and resume study of district boundaries.
LTERNATIVES
Attachments:
Boynton Beach Redistricting Alternatives Report
□
Redistricting Existing Map
□
Redistricting Alternative A Map
□
Redistricting Alternative B Map
□
Redistricting Alternative C Map
□
Redistricting Alternative D Map
□
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RACC:Discuss cancellation of the December 20th, 2011, City
EQUESTED CTION BY ITY OMMISSION
Commission meeting in observance of the Jewish celebration of Hanukkah
strd
ER: City Commission meetings are held on the 1 and 3 Tuesday of
XPLANATION OF EQUEST
th
each month throughout the year. The December meetings would be held on December 6
th
and December 20, 2011. The Jewish holiday, Hanukkah, begins at sundown on December
20, 2011 through December 28, 2011.
H? The City Commission will have only one
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
meeting in the month of December
FI:
ISCAL MPACT
A: 1) Reschedule the meeting
LTERNATIVES
2) Proceed with the meeting as scheduled
3) Cancel the meeting
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RACC:Appoint a five-member committee to review the
EQUESTED CTION BY ITY OMMISSION
recommendation by the City Manager to rename Veterans' Bicentennial Park to Veterans' Memorial
Park.
ER: On September 14, 2011, the Veterans’ Advisory Commission voted
XPLANATION OF EQUEST
unanimously to recommend renaming the current Veterans’ Bicentennial Park to Veterans’
Memorial Park. The Recreation & Parks Board had previously requested the Veterans’
Advisory Commission to review this matter and make recommendations as appropriate.
The City Manager’s designee has reviewed the criteria per Ordinance No. 06-078 (see
attached) and has determined that the request adheres to criteria #3: A person or place of
historical or cultural significance; and criteria #4: A person group or feature particularly
identified with the land or facility; and criteria #5: Commitment for monetary sponsorship.
The Veteran’s Bicentennial Park is the home to numerous war memorial monuments, many of
which have been purchased and placed by the Veterans’ Advisory Commission. Therefore the
City Manager recommends the name change to the City Commission. Per Ordinance No. 06-
078, the City Commission appoints a five-member committee to review the recommendation
and the committee will forward their recommendation back to the Commission for final
approval.
H? All future identification of parks will need
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
to be changed to the names approved by the City Commission.
FI: New signage will need to be placed at the newly renamed park. Anticipate
ISCAL MPACT
cost not to exceed $1,000.
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A: Do not appoint a review committee and not re-name the park.
LTERNATIVES
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RACC:PROPOSED ORDINANCE NO. 11-028 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011-109,
Laws of Florida, which preempts firearm laws and regulation to the State.
ER: The City Attorney’s Office recommends amending and
XPLANATION OF EQUEST
repealing sections of the City’s Code of Ordinances to eliminate any reference to firearms and
ammunition.
Effective October 1, 2011, Florida law was amended to provide that the entire field of
the regulation of firearms and ammunition is preempted to the state, specifically to the
exclusion of any city or county ordinances, regulations or rules. As of the effective date, all
local ordinances, rules, and regulations pertaining to firearms and ammunition were null and
void as a matter or law. Our office recommends repealing these provisions to prevent
inadvertent citation to or enforcement of these void laws.
H? The regulation of ammunition or firearms
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
is preempted to the state. All local laws and regulations are void as a matter of law. The
regulation of firearms must be accomplished through the enforcement of state law.
FI: N/A
ISCAL MPACT
A: Failure to adopt this ordinance will mean that inadvertent citation to or
LTERNATIVES
enforcement of invalid local firearms regulations may occur. Enforcement of the invalid local
laws may result in a fine of up to $5,000 against the violating party; loss of employment, or
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removal from office of the violating party; and will subject the city to liability for actual damages,
incurred by the party challenging enforcement, of up to $100,000.
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ORDINANCE NO. 11-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,
FLORIDA, REPEALING PART II, CHAPTER 15, ARTICLE I, SEC. 15-14 AND PART II,
CHAPTER 15, ARTICLE III, SEC. 15-45 OF THE CITY’S CODE OF ORDINANCES
RELATING TO FIREARMS; AND AMENDING PART III, CHAPTER 1, ARTICLE II,
PERTAINING TO THE DEFINITION OF ART, BOOK, CRAFT, HOBBY, MUSIC,
SPORTING GOOD, AND TOY STORES, OF THE CITY’S CODE OF ORDINANCES
RELATING TO FIREARMS; PART II, CHAPTER 16, ARTICLE II, SEC. 16-53 AND
PART III, CHAPTER 3, ARTICLE IV, SECTION (3)(E)(25); PROVIDING FOR
CONSISTENCY WITH CHAPTER 2011-109, LAWS OF FLORIDA, WHICH PREEMPTS
FIREARM LAWS AND REGULATION TO THE STATE; PROVIDING FOR CONFLICTS;
SEVERABILITY; AND AN EFFECTIVE DATE
.
WHEREAS,
on June 2, 2011, House Bill 45, as adopted by the 2011 Florida Legislature was
signed into law as Chapter 2011-109, Laws of Florida (the “Act”), by Governor Scott; and
WHEREAS,
the Act directly preempts the entire field of regulation of firearms and ammunition
to the exclusion of any city or county ordinances, regulations or rules; and
WHEREAS,
the Act provides for an effective date of October 1, 2011; and
WHEREAS,
the Act provides that any such existing local ordinances, rules or regulations are
declared null and void; and
WHEREAS,
the Act provides for severe sanctions and penalties in the event that the City,
Elected Officials, or Employees violate the Legislature’s occupation of the whole field of regulation of
firearms and ammunition; and
WHEREAS,
the City Commission finds the repeal of Part II, Chapter 15, Article I, Sec. 15-14;
Part II and Chapter 15, Article III, Section 15-45; and the amendment of Part II, Chapter 16, Article II,
Sec. 16-53; Part III, Chapter 3, Article IV, Sec. (3)(E)(25); and Part III, Chapter 1, Article II, pertaining
to the definition of art, book, craft, hobby, music, sporting good, and toy stores to be in the best interests
of the citizens and residents of the City and necessary to comply with the new law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA THAT:
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Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct, and are hereby incorporated herein and made a part hereof.
Section 2.
The City Commission of the City of Boynton Beach hereby repeals Part II,
Chapter 15, Article I, Sec. 15-14 and Part II, Chapter 15, Article III, Section 15-45; of the City’s Code of
Ordinances.
Section 3.
Part II, Chapter 16, Article II, Sec. 16-53; is amended to read:
Sec. 16-53. Hunting; weapons; shooting
It shall be unlawful for any person to hunt, trap or pursue wild life at any time on any
beach or park; nor shall any person use, carry or possess firearms of any description, or air-
rifles, spring-guns, bow and arrows, slings or any other forms of weapons potentially
inimical to wild life and dangerous to human safety, excluding firearms, or any instrument
that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting
into a park area from beyond the park boundaries is forbidden.
Section 4.
Part III, Chapter 3, Article IV, Sec. (3)(E)(25) is amended to read:
25. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store.
a. C-2 District. Gross floor area shall not exceed five thousand (5,000) square
feet. The sale of ammunition or firearms is prohibited.
b. CBD District. Bait and tackle shops are permitted as an accessory use to
marinas, including yacht club.
c. "Mixed Use" Districts. The sale of ammunition or firearms is prohibited.
Section 5.
Part III, Chapter 1, Article II defining Art, Book, Craft, Hobby, Music, Sporting
Good & Toy Store is amended to read:
ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE
-
Establishments that retail and provide expertise on the use of sporting equipment (such as a bicycle or
dive shops) or other specific leisure activities, such as needlework and musical instruments. but
excluding the sale of ammunition or firearms as a principal use. Sporting goods stores may retail
ammunition and/or firearms as an accessory use. Craft stores are primarily engaged in retailing new
sewing supplies, fabrics, patterns, yarns, and other needlework accessories or retailing these products in
combination with selling new sewing machines. This use also includes establishments that are primarily
engaged in displaying works of art for retail sale in art galleries.
Section 6.
The appropriate members of the City staff are hereby authorized to take any and
all steps necessary to effectuate the intent of this Ordinance.
Section 7.
All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
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Section 8.
If any clause, section, or other part or application of this Ordinance shall be held by
any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or
application shall be considered as eliminated and so not affecting the validity of the remaining portions or
applications remaining in full force and effect.
Section 9.
This Ordinance shall become effective on October 1, 2011.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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FIRST READING
this ________ day of __________________, 2011.
SECOND, FINAL READING AND PASSAGE
this _____day of _______________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
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ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-029 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance.
ER:
At the July 19, 2011 City Commission meeting the City Commission
XPLANATION OF EQUEST
directed the City Attorney to revise the City’s Lobbyist Registration Ordinance. The attached Ordinance
incorporates changes to the definition of Lobbying and Lobbyist to conform to Palm Beach County
definitions. Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance will be
forwarded to the Palm Beach County Commission on Ethics and the Office of the Inspector General to
investigate (at their respective discretion) and determine if any violation of the County ethics or
.
procurement standards have occurredThe Ordinance retains but simplifies language regarding the
Cone of Silence.
H?
There is limited administrative oversight
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
required; City Clerk will maintain a registered lobbyist list in the same manner as is currently occurring.
FI:
Following referral of a complaint to the Commission on Ethics or Office of Inspector
ISCAL MPACT
General the City should not anticipate any cost other than the City’s annual proportionate share. The
City is obligated to pay the Palm Beach County Inspector General $91,379 for the 2011-2012 fiscal
year. The City will be billed in October for June through September 2011 in the amount of $28,126.
A:
1. Continue with the current Lobbyist Registration Ordinance without modification.
LTERNATIVES
2. Modify the current Lobbyist Registration Ordinance to a different degree.
3. Provide no provisions for City regulations of Lobbyist and rely on countywide
ethical regulations and Office of Inspector General oversight of procurement
.
activity
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
DELETING THE CURRENT CHAPTER 2, ARTICLE XVII,
“REGISTRATION OF LOBBYIST” IN ITS ENTIRETY AND
CREATING A NEW ARTICLE XVII “REGISTRATION OF LOBBYIST
AND DISCLOSURE OF LOBBYING ACTIVITY”; PROVIDING FOR
REPEAL OF LAWS IN CONFLICT, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED 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 incorporated herein and made a part hereof.
Section 2.
Article XVII entitled “Registration of Lobbyist” of Chapter 2 of the Code of
Ordinances is hereby deleted in its entirety
Section 3.
A new Article XVII entitled “Registration of Lobbyist” of Chapter 2 of the Code
of Ordinances is hereby created to read as follows:
Sec. 2-230 Title and Purpose.
(a) This Ordinance may be referred to as the “City of Boynton Beach Lobbyist Disclosure
Ordinance.”
(b) It is the intent of this ordinance that:
(1) Lobbyists register with the City Clerk;
(2) Lobbyists disclose lobbying activity as a condition precedent to the award of a contract,
grant award, land development order or conveyance of property; and
(3) City Commissioners, prior to voting on any matter that results in the award of a contract,
award of a grant, award or the approval of a land development order or conveyance of property
disclose the names of lobbyists, as that term is defined in this ordinance, who have contacted the
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City Commissioner to advocate on behalf of a person or entity seeking a contract, grant award,
land development order or conveyance of property.
Sec. 2-231 Definitions.
(a) Unless expressly provided herein to the contrary, for purposes of this Ordinance, the following
definitions will apply:
“Commission”
(1) will mean the City Commission of the City of Boynton Beach, Florida
when acting as a collegial body.
“City Commissioner”
(2) will mean any member of the City Commission of the City of
Boynton Beach, Florida.
Lobbying”
(3) “ shall mean seeking to influence a decision through oral or written
communication or an attempt to obtain the goodwill of any City Commissioner with respect to the
passage, defeat or modification of any item which may foreseeably be presented for consideration to the
City Commission regarding:
a. The award of a contract.
b. The award of a grant.
c. The approval of a Development Order.
d. The acquisition or conveyance of an interest in real property.
Lobbyist”
(4) “ shall mean any person who is employed and receives payment, or who
contracts for economic consideration, for the purpose of lobbying on behalf of a principal, and shall
include an employee whose principal responsibility to the employer is overseeing the employer's various
relationships with government or representing the employer in its contacts with government.
"Lobbyist"
shall not include:
Formatted: Font: Bold, Not Italic
a. Any employee, contract employee, or independent contractor of a governmental
agency or entity lobbying on behalf of that agency or entity, any elected local official when the
Formatted: Line spacing: Double
official is lobbying on behalf of the governmental agency or entity which the official serves, or
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Formatted: Font: Bold, Not Italic
Formatted: Indent: First line: 0.5",
Line spacing: Double
Formatted: Font: Bold, Not Italic
Formatted: Indent: Left: 0.5", First
line: 0.5", Line spacing: Double
any member of the official's staff when such staff member is lobbying on an occasional basis on
behalf of the governmental agency or entity by which the staff member is employed.
b. Any person who is retained or employed for the purpose of representing an
employer, principal or client only during a publicly noticed quasi-judicial hearing or
comprehensive plan hearing, provided the person identifies the employer, principal or client at
the hearing.
c. Any expert witness who is retained or employed by an employer, principal or
client to provide only scientific, technical or other specialized information provided in agenda
materials or testimony only in public hearings, so long as the expert identifies the employer,
principal or client at the hearing.
d. Any person who lobbies only in his or her individual capacity for the purpose of
self-representation or representation of a not for profit organization and without compensation.
e. Any employee, contract employee, or independent contractor of the Palm Beach
County League of Cities, Inc., lobbying on behalf of that entity..
“Principal”
(5) shall mean the person or entity a Lobbyist represents for the purpose of
Lobbying. The term encompasses all officers, directors, employees, and agents of the entity.
Sec. 2-232 Registration Required.
All Lobbyists shall register with City Clerk no later than the end of the business next following
the first communication with a City Commission. Every Lobbyist shall submit a form prepared by the
City Administration and shall state his or her name, address, the name and address of each Principal
represented, the general and specific areas of legislative interest, and the nature and extent of any direct
business association or partnership with any current City Commissioner.
Sec. 2-233 Registration Exceptions.
(a) Registration shall not be required for the following:
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Formatted: Indent: Left: 0.5", First
line: 0.5"
(1) City Commissioners, Advisory Board members or Employees discussion matters relevant
to their official duties;
(2) Persons under contract with the City who communicate with City Commissioners
regarding matters related to their current contract,
(3) Advisory Board members or Employees regarding issues related only to the performance
of their services under their contract;
(4) Representative of not for profit organizations.
(5) Any Person who is a party before the Commission or Advisory Board in a quasi-judicial
proceeding.
Sec. 2-234 Disclosure prior to vote
.
(a) Prior to the City Commission vote on:
(1) The award of a contract.
(2) The award of a grant.
(3) The approval of a Development Order.
(4) The acquisition or conveyance of an interest in real property.
each member of the City Commission shall disclose whether he or she has been contacted by a Lobbyist
or a Principal with respect to the matter coming forward on the agenda for consideration.
(b) Prior to the vote on:
(1) The award of a contract.
(2) The award of a grant.
(3) The approval of a Development Order.
(4) The acquisition or conveyance of an interest in real property.
any person or entity which is under consideration for any contract award, grant award, or conveyance of
property or Development Order must file a written disclosure of all communications made by any
Principal or Lobbyist to any member of the City Commission. Failure to file such disclosure shall
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disqualify the person or entity from receiving the contract, grant, Development Order or conveyance of
property.
Sec. 2-235 Disclosures not Required
Members of the City Commission are not required to disclose communications with citizens,
constituents, or other interested parties who communicate with Commissioners with respect to matters
coming before the Commission for discussion or action, provided the citizen, constituent, or other
interested party is not being compensated, directly or indirectly, by a Principal or Lobbyist.
Sec. 2-236 Inclusion in City Procurement Regulations
The City Administration is directed to included the provisions of this ordinance in the City’s
procurement regulations
Sec. 2-237 Inclusion in Notices involving competitive selection
The City Administration is directed to include notice the provisions of this ordinance in all
notices when competitive selection or ward will occur and on applications for land development orders
or approvals.
Sec. __2-238__ Cone of Silence.
(a) “Cone of Silence” means a prohibition on any communication, except for written
correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any other
competitive solicitation between:
(1). Any Principal or Person’s representative seeking an award from such competitive
solicitation, and
(2) Any City Commissioner or Commissioner’s staff, or any Employee authorized to act on
behalf of the Commission to award a particular contract.
(b) For the purposes of this Section, a Person’s representative shall include but not be limited to the
Person’s employee, partner, officer, director, consultant, Lobbyist, or any actual or potential
subcontractor or consultant of the Person.
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Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
(c) The Cone of Silence shall be in effect as of the deadline to submit the proposal bid, or other
response to a competitive solicitation. Each Request for Proposal, Request for Qualification, bid, or any
other competitive solicitation shall provide notice of Cone of Silence requirements and refer to this
Ordinance.
(d) The provisions of this Ordinance shall not apply to oral communications at any public
proceeding. Further, the Cone of Silence shall not apply to communications with City Staff or contract
negotiations.
(e) The Cone of Silence shall not apply to any purchases made in an amount less than the
competitive bid threshold set forth in the City of Boynton Beach Purchasing Policies.
(f) The Cone of Silence shall terminate at the time the City Commission awards or approves a
contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process.
Sec. 2-239___Violations and Penalties.
(a) Violations of the registration and disclosure requirements of this ordinance or per se violations of
the City’s procurement regulations.
(b) Failure of a lobbyist to register with the City Clerk prior to the vote on the award of a contract,
award of a grant, approval of a Development Order, or City acquisition or conveyance of an interest in
real property shall result in disqualification of the Lobbyist’s Principal from the award, approval,
acquisition or conveyance matter pending before the City Commission.
(c) When it is determined that undisclosed lobbying activity occurred after the award of a contract,
award of a grant, approval of a Development Order, or City acquisition or conveyance of an interest in
real property, the contract, award, approval, acquisition, or conveyance shall be voidable by the City
Commission. The City Commission shall have sole authority to void prior Commission action and may
only do so following no less than ten (10) days notice to the person or entity whose interest may be void
and a quasi-judicial public hearing during which the person or entity is afforded an opportunity to
address the Commission.
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(d) Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance shall be
forwarded to the Palm Beach County Commission on Ethics and the Office of the Inspector General to
investigate (at their respective discretion) and determine if any violation of the County ethics or
procurement standards have occurred, and what corrective action or enforcement shall be taken.
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
Section 5.
If any clause, section, or other part or application of this Ordinance shall be held by
any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or
application shall be considered as eliminated and so not affecting the validity of the remaining portions or
applications remaining in full force and effect.
Section 6.
This Ordinance shall become effective on passage.
FIRST READING
this ________ day of __________________, 2011.
SECOND, FINAL READING AND PASSAGE
this _____day of _______________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_______________________________
Janet M. Prainito, MMC
City Clerk
417 of 423
(Corporate Seal)
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14. A
FUTURE AGENDA ITEMS
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RACC:Request to consider amendment to City Code regarding
EQUESTED CTION BY ITY OMMISSION
temporary banners to allow "feather" banners. 11/01/11
ER: The City Commission previously reviewed this item on July 5th,
XPLANATION OF EQUEST
and acted to support the modification of the City's sign regulations to allow "feather-style"
banners in addition to the static banner that is currently allowed by the LDR for temporary
display purposes. The Commission directed staff to return with an ordinance containing the
corresponding amendments to accommodate said temporary signs, including provisions or
standards that address maximum size and the anticipated locational and quantity issues. Staff
is also to prepare to implement administrative processes that resolve the anticipated
processing and monitoring challenges. Staff currently plans to place this item on the
Commission's November 1st agenda.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: An increase in demand for zoning permits is anticipated but the magnitude of
ISCAL MPACT
increase is difficult to estimate.
A: Approve code amendments ultimately to be presented by staff or modify as
LTERNATIVES
necessary.
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RACC:Revisions to restrictions for vehicle size in residential
EQUESTED CTION BY ITY OMMISSION
districts - 11/01/11
ER: Development staff will provide draft ordinance revisions for
XPLANATION OF EQUEST
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:CIP Utility Fund Report - 11/01/11
EQUESTED CTION BY ITY OMMISSION
ER: At the October 4, 2011 City Commission meeting, staff was
XPLANATION OF EQUEST
directed to bring back to Commission a report on the Utilities CIP Fund Balance. This report
st
will be on the November 1 meeting.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:Review three (3) alternate proposals for leasing,
EQUESTED CTION BY ITY OMMISSION
construction and maintenance of a billboard on property owned by the City - 11/15/11
ER: Pursuant to the Settlement Agreement dated October 5, 2001,
XPLANATION OF EQUEST
Wilton Manors Street Systems, Inc. will be presenting three (3) alternate proposals to the City
in regards to the leasing, construction and maintenance of a billboard they want to erect on the
th
City owned property known as Rolling Green located at 515 NW 15 Ave., Boynton Beach, FL.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:Review process and timeline for the sale of City owned
EQUESTED CTION BY ITY OMMISSION
real property - three sites - 11/15/11
ER: At the October 4, 2011 City Commission meeting the City
XPLANATION OF EQUEST
Commission directed staff to list three parcels of city owned land for sale: High Ridge Site, Fire
Station #2 site and Leisureville site.
Staff will prepare a process timeline and cost estimate of the process and present to the
Commission at the November 15, 2011 Commission meeting.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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